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022309 CC Reg AgPCITY OF S ORE OO CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 23, 2009 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Liz6e_ Bailey _ Turgeon _ Woodruff _ Zerby _ B. Review Agenda 2. APPROVAL OF MINUTES 5 minutes 7:00 p.m. A. City Council Regular Minutes, 1/26/09 Minutes B. City Council Special Meeting Minutes, Minutes 2/9/09 C. City Council Regular Meeting Minutes, Minutes 2/9/09 3. CONSENT AGENDA - Motion to approve items 5 minutes 7:05 p.m. 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 Claims List B. Appeal Notice of Zoning Violation Planning Appellant: James and Nancy Stubbe Director's Location: 5750 Covington Rd memorandum 4. MATTERS FROM THE FLOOR 10 minutes 7:10 p.m. (No Council action will be taken) 5. REPORTS AND PRESENTATIONS A. Recognition of Service Deputy Clerk's 5 minutes 7:20 p.m. memorandum CI'T'Y COUNCIL REGULAR MEETING AGENDA - FEBRUARY 23, 2009 Page 2 of 2 6. 7. Attachments B. Report on Council's Role on a Joint Powers Attorney's Agreement memorandum PUBLIC HEARING 8. PLANNING - Report by Representative 9. ENGINEERING/PUBLIC WORKS A. Seeking Statutory Authority to Implement a Engineer's Street Improvement District memorandum, Resolution B. Authorize to Advertise a Request for Staff memo Qualifications for Engineering Services C. Survey Results from the Smithtown Lane/Harding Public Information Meeting 10. GENERAL/NEW BUSINESS A. Goals and Priorities Engineer's memorandum PARKS - Report by Representative Park Minutes 5 minutes A. Accept Quote for Eddy Station Facility Park Secretary/ 10 minutes maintenance CRR's memo B. Recycling Program Discussion C. Technology Committee Report and Recommendations 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Hall Construction Update 2. Southshore Center Update B. Mayor and City Council 12. ADJOURN Estimated Estimated Time in Start Time Minutes (Clock Time) 5 minutes 7:25 p.m. 5 minutes 5 minutes 10 minutes 10 minutes Administrator's 10 minutes memorandum Administrator's 20 minutes memorandum Administrator's 5 minutes memorandum 5 minutes Administrator's memorandum 5 minutes I minute 7:30 p.m. 7:35 p.m. 7:45 p.m. 7:50 p.m. 7:55 p.m. 8:05 p.m. 8:15 p.m. 8:25 p.m. 8:45 p.m. 8:50 p.m. 8:55 p.m. 9:00 p.m. ~ a r T d X 5755 COUNTRY CL.b, ROAD SI JREWCOD, MIN'~ESOTA 55331-8927 (952) 4743236 FAX (952) 474-0128 ® www.d.shorewood.mn.us m cityhall@ci.shorewood,mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 23 February, 2009 5:00 pm - Work Session (Dinner will be provided for Council) Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda item #313: James and Nancy Stubbe were out of town when a Zoning Violation Notice arrived in their mail. They have asked for additional time to correct the violation. Staff recommends that they be given until the end of February to bring the property into compliance. Agenda Item #5A: Recognition of Service is to be made for volunteer Commissioners and Board members. This is for Park Commissioners Robert Hensley and Howard Young, Planning Commissioner Bruce Gniffke; and LMCD Board Representative Richard Siakel. Appreciation of Service plaques have been made for each individual. All volunteers have been invited to attend the meeting. Mr. Hensley and Mr. Siakel have informed staff that they are not able to be in attendance. Agenda Item #513: Presentation and discussion on relationship and responsibilities under a Joint Powers Agreement. Agenda Item #7: Park Commissioner Quinlan will report on recent Park Commission activities. Agenda Item #7A: Eddy Station exterior facility maintenance. Staff recommends approval of a motion that accepts the proposal provided by Koehnen Painting for $5,560. Agenda Item #8: A Planning Commission representative will report on recent Planning Commission activities. Agenda Item #9A: Staff recommends approval of a Resolution requesting statutory authority to create a street improvement district. If the Legislation grants this authority it would provide Shorewood with another financial tool to fiend a street maintenance program. Agenda Item #913: Staff recommends advertising the attached request for qualifications to assemble a pool of qualified Engineering Services consultants to implement the Capital Improvement Program. PRINTED ON RECYCLED PAPER Executive S ar°y - City Council Meeting of 23 February, 2009 Page 2 of 2 Agenda Item #9C: Survey results are attached for your use. Staff recommends Council direct Staff to procure Right-of-Way, obtain necessary property surveys and initiate a feasibility study for Smithtown and Harding Lane or move on to the proposed Meadowview Road and Nelsine Drive road project for 2010. Agenda Item #I OA: Discussion on the prioritized work program for 2009. Agenda Item #IOB: Discussion regarding the direction the Council wishes to go with regard to the recycling program. Agenda Item #IOC: Recommendation for vendor to provide telephone and technology services and support for the City. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 26, 2009 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5735 COUNTRY CLUB ROAD SOUTIISIIORE CENTER 7:00 P.M. Acting Mayor Turgeon called the meeting to order at 7:07 P.M. A. Roll Call Present. Acting Mayor Turgeon; Councilmembers Bailey, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Mayor Liz6e B. Review Agenda Bailey moved, Zerby seconded, approving the agenda presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 12, 2009 Woodruff moved, Zerby seconded, Approving the City Council Work Session Minutes of January 12, 2009, as amended in Item 2, Page 2, Paragraph 2, Sentence 1 change "any type of agreement between the City and the subscriber" to "any type of notice from the City to the subscriber". Motion passed 4/0. B. City Council Regular Meeting Minutes, January 12, 2009 Woodruff moved, Bailey seconded, Approving the City Council Regular Meeting Minutes of January 12, 2009, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Turgeon reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Park Coordinator/Scheduling Agreement (This was moved to Item 10.17 on the agenda under General/New Business.) C. Pay Equity Report #2A SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 2 of 17 Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on the January 13, 2009, Park Commission Meeting Chair Norman reported on matters considered and actions taken at the January 13, 2009, Park Commission meeting (as detailed in the minutes of that meeting). He then reported on a January 20, 2009, special Park Commission meeting during which the Commission narrowed down the number of Park Consultant Services RFP responders it was going to interview during February. Interview questions will be sent out to the three selected responders by the end of the week. B. Report on the January 17, 2009, Arctic Fever Event Chair Norman provided an update on the Arctic Fever event held on January 17, 2009. Some of the events were similar to those offered in 2008 and there were a few new ones, such as snowshoeing and sledding. The sliding hilt at freeman Park made by Public Works was a big hit. The weather was much more cooperative for this year's event than in 2008. The attendance at Freeman Park ranged from 500 - 800. The events held in Excelsior and Tonka Bay were also well attended, as was the pond hockey tournament in Excelsior. The partnership with the pond hockey tournament worked well. In response to a question from Councilmember Woodruff, Chair Norman stated the Park Commission planned on discussing having a sliding hill at Freeman Park for a portion of the winter in future years. Councilmember Zerby thought that would be a good idea provided the weather cooperated. C. Accepting Low Quote and Awarding Contract to Successful Low Quoter for Tennis Court Resurfacing Chair Norman stated during 2008 the Park Commission met with representatives of Dermco-LaVine regarding resurfacing of the City's tennis courts located in Manor Park and Cathcart Park. Dermco- LaVine's quotes were quite a bit less than other firms it researched. Dermco-LaVine was recommended by the City of Chanhassen. The courts should be resurfaced every couple of years because of the impact Minnesota weather has on them. The Park Commission requested resurfacing quotes again this year. Dermco-LaVine was the low quoter and its quote was less than the one provided in 2008; its latest quote was $8,760. He noted there Park CIP has $12,000 allocated to resurface the tennis courts. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 3 of 17 Norman explained that because the low quote was so much less than what was budgeted for resurfacing, the Park Commission directed Staff to call Dermco-LaVine and ask them if they could also wash and coat the Silverwood Park half-court tennis/basketball surface and the magic square/half=court basketball court at Cathcart Park for a total cost for all four surfaces of $12,000, not to exceed $13,000, and to also quote a separate bid to do just the two half-court surfaces at the same time it was resurfacing the two tennis courts. Councilmember Bailey stated in 2008 Director Brown expressed skepticism about the low quote from Dermoc-LaVine. He suggested the conditions of the surfaces be clearly documented prior to them being resurfaced in order to be able to evaluate the value of Dermco-LaVine's efforts two years from now. Woodruff moved, Zerby seconded, awarding the contract for resurfacing the tennis courts located in Manor Park and Cathcart Park to Dermco-LaVine in the amount of $8,760. In response to a question from Couneilmember Bailey, Chair Norman stated if the quote for doing the two half-courts was reasonable the Park Commission would conic back before Council to request approval to have them resurfaced. Motion passed 4/0. 8. PLANNING Commissioner Vilett reported on matters considered and actions taken at the January 20, 2009, Planning Commission meeting (as detailed in the minutes of that mocting). A. Wildwood Preliminary Plat Director Nielsen stated Brent 1-Iislop, Synergy Land Company, LLC, has arranged to purchase approximately 4.36 acres of land at 6045 Strawberry Lane. The applicant proposes to remove the existing house and plat it into `seven single-family residential lots. The proposed lots will range in size from 20,046 to 25,696 square feet. The property is extremely flat and drains very gently from west to east. Nielsen explained the subject property is zoned R-1C, Single-Family Residential. It is surrounded primarily by single family residential developments with the exception of the property to the north; to the north are a portion of Freeman Park and a portion of the Hennepin County Regional Rail Authority (HCRRA) right-of-way (LRT Trail). Nielsen stated all of the proposed lots meet or exceed the City Code minimum size requirements for the R-IC zoning district which are 20,000 square feet in area, 100 feet in width and 120 feet in depth. The preliminary grading plan indicates the building pads will be 60 feet in depth. Staff recommends the developer consider reducing the depths of the pads to 55 feet; this would reduce the amount of fill that is required to make the lots buildable and it could also allow a few more significant trees to be preserved. Nielsen explained the new lots will be served by a by a 385 foot long cul-de-sac street (the maximum length allowed is 700 feet) with a proposed right-of-way width of 50 feet, terminating in a 120-foot diameter cul-de-sac (the Code allows for 100 feet). The paved surface is 24 feet wide, exclusive of curb SHOREW®®D CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 4 of 17 and gutter width, and the turn-around is 91 feet in diameter. The street grade does not exceed five percent. These dimensions are all consistent with the City's Code. Nielsen stated the site alteration for this project will be considerable in order for the street to meet grade requirements and to manage storm water runoff for the site. The properties will drain to the east and then to the northeast. The preliminary plans indicate the site will be raised approximately five feet in some areas in order to have the lowest floor elevations of the homes above the high water elevations of the proposed pond and drainage features. Nielsen explained Staff and the Planning Commission think drainage is the most significant issue with this proposed development. A rain garden will be installed at the back of lot 7 and part of lot 6 leading into a dry rock river bed drainage swale at the back of lot 6 cutting across lot 5 into a ponding area in the northeast corner of the property. The pond will drain into an existing drainage channel in Freeman Park and be conducted to the northeast. The proposed drainage system is for this development only; it does not benefit the surrounding properties. The Staff report listed a maintenance agreement as a condition of approval and it suggested a homeowner's association, or some other entity, be established to enforce the agreement. The Commission requested the applicant to submit his final solution for how the drainage facilities were going to be maintained prior to final plat approval. Nielsen stated sanitary sewer is available in Strawberry Lane. Prior to release of the final plat the developer must pay local sanitary sewer access charges in the amount of $1,200 per lot; credit is allowed for the existing house on the property. The developer shows water main being extended to the north boundary of his property as well as into the site. Water connections charges are $10,000 per lot, and the cost of extending water main may be deducted not to exceed `);70,000. Park dedication fees are $5,000 per lot, with credit allowed for the existing house on the property. He noted the developer has submitted documentation satisfactory to the Minnehaha Watershed District (MCWD) that no wetlands exist on the property. Nielsen explained the applicant submitted a tree inventory illustrating the locations of most, if not all, of the vegetation on the site, and a second tree inventory illustrating the locations of only the significant trees (significant being anything larger than eight inches in diameter). The extensive site alteration will result in a lot of tree removal. Staff is suggesting existing trees on the periphery of the site be maintained if possible. City Code requires a developer to replace trees that cannot be preserved at a certain ratio. The maximum replacement number of,trees is eight per acre. The developer will be required to plant 35 trees, and Staff is recommending they be planted on the periphery of the site where it adjoins other single family properties. Nielsen noted the developer is not proposing street lights. Future property owners could make that request. Nielsen stated Staff and the Planning Commission recommend approval of the preliminary plat subject to a number of conditions. Engineer Landini explained the water on the front of the seven lots will drain toward the street and the cul-de-sac and then into two catch basins. The runoff will be carried to the rain garden and the overflow will go into the drainage swale and be conveyed into the proposed water-quality pond located in the northeast corner of the site. The pond should always have some level of water in it. The water in the pond will flow through an outlet into an existing drainage channel in Freeman Park and be conducted to the SHOREWOOD CI'T'Y COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 5 of 17 northeast. He stated the development does meet the City's rate control ordinance. The proposed houses comply with the low-floor-opening policy, as do the surrounding houses. Because of concern that the drainage swale could be filled in, Staff recommends an annual topography verification report be submitted to the City so the City can insure the depth of the drainage swale is maintained. Director Nielsen stated during the public hearing for this request, Staff explained to the Planning Commission there have been instances with developments where drainage was planned to flow through backyards through a large drainage and utility easement, yet when there was a substantial rain those property owners became disturbed because water flowed through their back yards. They thought the development was poorly designed, when it was actually designed to work that way. The drainage system proposed is attempting to avoid that. Nielsen then stated the future property owners, especially lots 4 - 7, for this development must be put on notice that that drainage system must remain in tact. The dry rock river bed drainage swale should define the area that must be maintained, and it can be cleaned out when necessary. Staff believes this solution is better than trying to identify the area through the use of signage. Brent Hislop, Synergy Land Company, stated his proposed development is conforming and variance free. He commented he had spoken with a number of the surrounding property owners. He stated prior to submitting the final plat he will provide the City with a final maintenance agreement addressing the needs for annual monitoring as well as short-term and long-term maintenance requirements, and what entity will be responsible for doing the maintenance. Councilmember Woodruff stated it appeared there was a well thought out drainage system for the south and east part of the site, but it did not appear there was one for the north and northwest. It also appeared that the elevation of Freeman Park on the north border was higher than that of lot 3 in some places. He thought there could be standing water in that area which would damage the trees there. He questioned where the storm water from lots I and 2 on the northwest and lot 3 on the north will flow to. Engineer Landini explained it flows through a channel in Freeman Park and it will be conducted to the northeast. Director Nielsen explained the water that leaves the pond located in the northeast corner flows through a defined channel that goes north, on to another defined channel that goes east and then on to the outflow structure in Freeman Park. In response to a question from COllncilmember Woodruff, Director Nielsen explained the current plan for Freeman Park is to leave the westerly end natural. In response to a question from Councilmember Bailey, Director Nielsen explained there are private developments that have ponding areas and associated maintenance agreements as part of their drainage systems but he was not aware of any with rain gardens. He noted if a ponding area serves more than one specific project the City assumes responsibility for maintenance of the pond after acquiring an easement. When a ponding area serves one specific development that development is responsible for maintenance. He explained a residential property on Lake Linden has a maintenance agreement with both the City and the MCWD. In response to a question from Councilmember Bailey, Director Nielsen explained the City will likely conduct an annual maintenance check of the drainage facilities. If grass clippings have been dumped into the drainage swale or if plants have been removed from the rain garden the to-be-determined entity responsible for maintenance of the drainage facilities will be instructed to correct the situation. Bailey SHOREi OOD CITY COUNCIL, REGULAR MEETING MINUTES January 269 2009 Page 6 of 17 asked what would happen if they didn't. Nielsen stated the City can go in and do it and assess the property owners. Bailey questioned if the City had ever assessed a property owner for that type of maintenance. Director Brown explained the typical service life for a Natural Urban Runoff Program (NURP) pond is 20 - 25 years. The City has not assessed for cleaning a pond of sediment. Brown then explained there are developments throughout the City where the City has similar arrangements. He stated it will be cumbersome for the City to be the enforcement agency. He went on to state Staff will have to take time to continually educate residents about drainage systems which are designed to have storm water flow through a drainage and utility easement. Councilmember Bailey expressed concern that every year the City could have to bring a backhoe into the area only to have the property owners get upset. Director Nielsen clarified there will be annual monitoring of the drainage system, but not annual maintenance. He stated he anticipated property owners will be less likely to throw grass clippings and leaves into the dry rock river bed drainage Swale then a more natural Swale or wetland. He also stated when the maintenance agreement specifies the City can assess for maintenance and knowing the City's rate is somewhat high, property owners have a greater tendency to comply. Councilmember Bailey stated he challenged future Councils to have the resolve to assess for maintenance efforts when property owners are unwilling to perform the necessary maintenance. In response to a question from Councilmember Zerb}, [director Nielsen explained the hardcover requirement for the proposed lots is 33 percent because they are not located in a shoreland district. Shoreland districts have a 25 percent requirement. Councilmember Zerby stated the proposed drainage wstcm could be equated to "active storm water management system" and he questioned if tlhc City should consider requiring new lots to have more green space which would allow for a more "passive system". He anticipated tine City will experience problems with residents using drainage easements for purposes other that what is intended. Acting Mayor Turgeon stated the preliminary plat satisfies the City's hardcover requirements and lot size requirements. It would require a change to the City's Ordinance to force him to have less hardcover. Councilmember Zerby recommended Council discuss tine possibility of reducing the hardcover requirements. Director Brown stated the preliminary plat does comply with the City's Ordinance. He credits the applicant and Staff for identifying a drainage system that will work on that flat property. The City does not have to accept the proposed system. For example, it could require a storm water lift station be installed. The City has the latitude to look beyond just complying with the Ordinance by considering the maintenance implications and storm water management implications in the City's right-of-ways. Councilmember Bailey questioned if Staff has different points of view regarding the proposed drainage system. Director Nielsen stated from his vantage point Staff has worked together with the applicant to identify a solution. Woodruff moved, Bailey seconded, approving the preliminary plat for Brent Hislop, Synergy Land Company, LLC, for 6045 Strawberry Lane subject to Staff recommendations. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 7 of 17 Director Nielsen clarified that per the Executive Summary for this meeting Staff was asking Council to direct Staff to prepare a resolution approving the plat. Woodruff withdrew his motion. Woodruff moved, Bailey seconded, directing Staff to prepare a resolution approving the preliminary plat for Brent Hislop, Synergy Land Company, LLC, for 6045 Strawberry Lane. Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Harding Lane/Smithtown Lane Proposed Alignment Roadway Template Engineer Landini stated Staff has coordinated a public information meeting for January 27, 2009, from 7:00 P.M. to 8:30 P.M. at the Southshore Center to discuss the potential reconstruction of Harding Lane and Smithtown Lane. Council was provided with the aerial photo generic alignment sketches for both roadways. He explained Harding Lane has 50 feet of right-of-wav, and the proposed generic alignment and cul-de-sac fit within the existing paved surface. Smithtown t.ane has 66 feet of right-of-way. Two of the homes on Smithtown Lane are nonconforming to existing setback requirements, and if the new roadway is placed in the center of the right-of-wav these homes will be in close proximity to the roadway. The proposed cul-de-sac for Smithtown Lane will require land procurement;. the land owner has been contacted and is interested in speaking with the City about this. The properties on the north side of Smithtown Lane have already been assessed for water main; therefore, the burden for installing water main would fall on the property owners on the south side. In response to a question from Councilmember Bailey, Engineer Landini explained that both of the roadways are eligible for water main extension from a physical perspective. The water main in Wedgewood could be extended to Ilarding Lane and the water main in Smithtown Road could be extended to Smithtown Lane. He statecl the City has typically assessed for water main extensions. In response to another question from Bailey, Director Nielsen explained the properties on the north side of Smithtown Lane are double-fronted lots and water main access is already available for them. These property owners would pay the $10,000 connection fee less the amount already assessed when they connect to the water main. Councilmember Woodruff stated he had no issue with the Harding Lane generic alignment, but he asked if Smithtown Lane must be in the center of the right-of-way because doing so would impact a number of trees on the south side lots. Engineer Landini explained it was placed in the center to be fair to property owners on both sides of the roadway. In response to another question from Woodruff, Landini explained the triangular-shaped parcel at the entry on to Smithtown Lane is owned by the City. Councilmember Bailey questioned what the City's position is about water main extension as part of roadway reconstruction projects. Director Nielsen explained the first question that must be answered is if it is feasible to extend water main and then does the City want to reconstruct a roadway without extending water main. The City's policy defines financially feasible as costing a property owner no more than $10,000 per lot, noting the City can choose to fund anything in excess. It's also the policy to extend water main if a super majority of the affected property owners want to extend it, and this requirement can be overridden by Council. The position of past Councils was residents should be asked about extending water main whenever a roadway is reconstructed. If 67 percent or more of the residents were in favor of SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 8 of 17 the extension then Council would likely do the extension; if not, it would take a super majority of the Council to approve the extension. In response to a question from Councihnember Zerby, Director Nielsen explained the area near Smithtown Lane is fairly developed. In response to a request from Councilmember Bailey, Engineer Landini highlighted the information contained in his 20-slide PowerPoint presentation for the meeting. In response to a commented from Acting Mayor Turgeon, Engineer Landini stated he tried to measure the roadway surface width of Smithtown Lane through the snow and the width ranged from 20 - 22 feet. In response to another comment, Landini stated the City's Comprehensive Plan states roadways will be reconstructed with a 24-foot-wide driving surface. If that is not possible it can be constructed to a minimum width of 20 feet, but there would be no parking on either side. Director Nielsen stated the starting width is the City's standard, and if there are features that prevent from being achieved then a decision can be made to reduce the width with the minimum allowed being 20 feet. Councilmembers Bailey and Zerby will attend the public information meeting. B. Stormwater Management Plan and Memorandum of Linderstanding Engineer Landini stated that after many months of work and three reviews by the Minnehaha Creek Watershed District (MCWD), the City's Comprehensive Water Resource Management Plan (the Plan) update has finally been conditionally approved by the MCWD. The condition is the City has to execute a memorandum of understanding (MOU) with the MCWD. One of the items in the MOU is the City is required to send samples of debris swept from City's streets so the MCWD can evaluate how much phosphorous was removed during the street s~~eeping effort. Landini stated Staff was asking Council to adopt the Plan and execute the MOU. In response to a question from Counclllncinber Zerby, Engineer Landini explained the City should be able to meet its street sweeping phosphorous removal requirement with the current schedule. In response to another question from Zerby, Attorney Tietjen stated she reviewed the MOU. Tietjen noted the MOU is self renewing every five years unless action is taken to terminate it, and there is no notice requirement for termination. Councilmember Woodruff stated the City spent $78,200 dollars for consulting services to help with the update of the Plan. It took a lot of work to do the Plan update, and it will take a lot more work to implement everything identified in the Plan. He noted it was an unfunded mandate. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 09-005, "A Resolution Adopting the Comprehensive Water Resource Management Plan" and Executing a Memorandum of Understanding Between the Minnehaha Creek Watershed District and the City of Shorewood for Local Water Planning and Regulation. Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Authorize Expenditure of Funds for City Hall Furnishings SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 9 of 17 Administrator Heck explained a committee of staff members worked with several vendors on identifying options for and pricing of furnishings, fixtures and equipment (FFE) for the renovated City Hall. The committee considered all new, refurbished, reupholstered FFE and as well as a combination thereof. The committee recommended a combination. Heck highlighted some of the committee's recommendations. Each individual office would have new work areas and chairs, with the work area being customized based on the individual's needs. All of the chairs (Council, Staff and audience) in the Council Chambers will be replaced with new chairs. New tables and chairs for the two conference rooms are also recommended. The cost for the FFE is approximately $65,000 - $67,000 including delivery and installation where applicable. He commented the estimated cost for the committee's first proposal was $72,000 - $$92,000; the committee was asked to revise that proposal. Heck distributed a spread sheet of costs for the renovation effort. It identifies the estimated costs, the bid amounts, actual to date expenditures and total cost estimates for construction, architectural, the owners representative, bond issuance, telecommunications, FFE, audio visual for the Council Chambers and contingency. He explained the bond amount for the project is $1,310,000. He reviewed the aforementioned costs for each category. The project Nvas estimated to cost $1,432,869 not including interest on the bonds, and the projected final cost is $1,241,854. Interest earned on the bonds is estimated to be $12,000. The final cost projections do not include change orders, and two change orders are anticipated. He noted costs for audio visual equipment for the Council Chambers were not included in the original cost estimates. He explained the final cost estimates for 1, FL', telecommunications equipment and audio visual equipment for the Chambers are based on conversations with vendors. The other estimates are based on year-to-date expenditures. Heck reviewed the items lie thought were necessary. They are new furniture for individual offices, new seating for the Council Chambers (for Council, Staff and the audience), conference room tables and chairs, and an equipped lunch-room area. He did not think additional filing storage was needed immediately for individual offices. He rcconun`ended Staff consider what the City's approach for long- term storage of documents is before any additional acquisitions are made. He stated it will take approximately six weeks from time of order for the FIFE to be installed. Councilmember Woodruff stated the cost to landscape the City Hall property was not included in the original project estimate and it is not included in the projected final costs. Administrator Heck explained the bid specifications state the lawn and grass will be restored; essentially the contractor is responsible for final grading, topsoil, sod and maintenance of the sod for 30 days. Any additional landscaping is not included. In response to a comment by Councilmember Woodruff, Heck explained the contractor has to repair any damage done to the parking lot, curbing and sidewalks. Director Nielsen explained the City issued itself a conditional use permit (C.U.P.) for the project and one of the conditions of approval is the City must hire a landscape architect to prepare a landscape plan that includes a rain garden for the City-owned property next to City Hall, some additional landscaping on the north side of the building and enhancing the large berm located in front of City Hall. Councilmember Woodruff questioned if the cost for additional landscaping can be funded out of the approved project fielding. He wants to be assured that if the FFE proposal is approved this evening that there will be funds available to do additional landscaping. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 10 of 17 Administrator Heck explained the City has a Technology Fund which is used to purchase things such as replacement computers, and some of that find could be used to purchase the audio visual equipment for the Chambers. The number of cameras currently planned for the Chambers could be reduced to two from three, and the third one could be purchased at a later date if needed. Councilmember Bailey stated Administrator Heck's final total project cost estimate is close to budget and he is counting on Heck's estimates being reasonable. He recommended Council let Heck manage the project to ensure it's completed within budget. Bailey moved, Zerby seconded, approving the purchase of furnishings as identified in the memorandum dated January 22, 2009. Councilmember Woodruff agreed with Councilmember Bailey's position that Administrator Heck should determine what the most effective use of the remaining project funds is. He then stated he agreed the Council chairs in the Council Chambers should be replaced, but he thought the chairs that are recommended could be scaled back as he thought high-backed faux-leather chairs would convey the wrong message. He also thought the Staff chairs in the Chanters could be scaled back. He thought the audience chairs proposed for the Chambers should be rcvic%ved to be more in tune with the new Chambers. Councilmember Zerby stated he was okay with Councilmember Woodruff being on the chair committee for the Council Chambers and helping make the decision on what chairs to purchase. Motion passed 4/0. B. Authorize Expenditure of Funds for Audio Visual Equipment Administrator Heck explained the Council Chambers has a control room where the videographer can operate cameras and audio for meetings. The project budget estimate did not include the costs for any new audio visual (AV) equipment. The current sound system for the Chambers is antiquated and needs replacing, and the switcher component of the video equipment is not functioning. Staff has worked with the Lake Minnetonka Communications Commission (LMCC) and vendors to identify the necessary equipment and components required to make the control room functional. Heck reviewed Staff's recommendations for the audio portion which are based on recommendations from the LMCC and Alpha Video, the vendor. New recording and additional microphones for Staff should be purchased, noting the existing microphones for the Chambers will be reused. The estimated cost for this portion is approximately $11,200 including tax and installation. For the video portion Staff is recommending the purchase of switching equipment, three remote control cameras (per the LMCC's recommendation), a presentation screen and related equipment for a cost of approximately $28,900. If Council would like to reduce the cost it could decide to reduce the number of cameras to two at this time, and purchase a third one at a later date if one is needed. Staff recommends delaying the purchase of presentation part of the proposal and budgeting for that in future years, as well as delaying the purchase of a document camera. Councilmember Zerby stated Administrator Heck's spread sheet of projected project costs indicates the AV equipment will cost $35,000 yet the amounts just discuss are approximately $41,000 and he Administrator Heck stated the pricing is off of the State contract, but that does not mean it's the lowest price available. He noted part of the discrepancy in AV equipment costs is if the vendor installs both the audio and video components at the same time the City will incur only one installation charge, and his projected AV cost includes only two cameras and two power supplies. In response to a question from Councilmember Zerby, Administrator Heck explained the audio portion will feed into the speakers in the Council Chambers as well as the recording device. Zerby asked if the recommended equipment will have digital recording capabilities. Heck stated he assumed the equipment will be digitally compatible. Councilmember Zerby recommended the City purchase only two cameras; equipment gets cheaper and better overtime. He questioned why another DVD video recorder is being recommended for purchase. He stated he thought the headphones recommended were fairly expensive. Councilmember Woodruff stated he thought the City could purchase a cheaper set of headphones. In response to a question from Woodruff, Heck stated the oiily presentation equipment cost included in his projected project cost was for an electronic presentation screen. Woodruff suggested that there be more introspection on what equipment was actually needed. Administrator Heck stated he understood Council to say it wanted the proposals for AV equipment refined and he will have that done by the next regular Council meeting. This continuance will not impact the project schedule. In response to a question from Councilmember Bailey, Administrator Heck stated if a third camera was purchased at a later date there would be a modest extra installation charge for it, noting the wiring is already there, Bailey stated he thought three cameras should be installed as part of the project. He understood the desire to spend less, but having a video system that pans the audience didn't sound very appealing to him. Part of the reason to renovate City Hall was to bring it into the twenty first century. Councilmember Zerby stated he did not think having a third camera would enhance the viewing experience of Council meetings. He would prefer finds for a third camera and power supply be spent on things such as titling equipment which would display the topic being discussed. Councilmember Woodruff stated he would like to have the presentation materials shown during a meeting be fed to the video recording equipment. Administrator Heck explained that is what a document camera is for. Woodruff stated he thought two cameras would be adequate. Councilmember Bailey stated he would prefer funds be spent on good technology that will be appreciated years from now. Administrator Heck stated Staff will refine the proposals. Councilmember Woodruff stated he wanted to again discuss the landscaping issue. Administrator Heck stated that will be discussed at the construction meeting scheduled for tomorrow, and if the City is not SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 12 of 17 going to need some of the landscape restoration included in the contract then maybe the City will be eligible for a credit for what is not done. Councilmember Woodruff requested Staff prepare a plan for when landscaping related activities will occur. Councilmember Woodruff stated he wanted to have a discussion about the phone system at the next meeting. Administrator Heck explained the Technology Committee is scheduled to meet on February 5, 2009, and a phone system will be one of the items discussed. Director Brown stated he did not think it was feasible to be prepared to discuss phone systems at the February 9, 2009, Council meeting; it would more likely be the February 23`d meeting. Heck stated the Committee will have three RFPs to consider. Woodruff questioned what the impact will be by waiting to have that discussion until February 23`d. Heck did not think there would be any. Acting Mayor Turgeon recessed the meeting at 9:00 P.M. Acting Mayor Turgeon reconvened the meeting at 9:05 P.M. C. Schedule for Work Sessions Administrator Heck stated there are several topics coming up for discussion during Council work sessions that will require more than one hour of discussion. "I 'he 20-year =Pavement Management Plan (PMP) will likely require a minimum of a two and one-half hour discussion. Council will have to have serious policy discussions about the budget. He stated there have been times when Council had started a work session prior to its regular meeting and continued it to after the regular meeting, and met on into the evening. Based on his experience people are tired by 9:30 P.M. - 10:00 P.M. One suggestion is to schedule work sessions on either the first or third Mondays of a month from 5:00 P.M. - 8:00 P.M. allowing Council the opportunity to finish discussing a topic during one meeting. Councilmember Bailey stated lie was supportive of Administrator Heck's suggestion for key issues, and shorter discussions could still be scheduled for the one-hour-long work sessions scheduled to immediately precede a regular meeting. Bailey then stated work sessions could be scheduled for both the first and third Mondays if need be. Councilmember Zerby recommended only one topic be discussed during a work session. When there are multiple topics often times the discussion on the second or third topics are cut short. Councilmember Woodruff stated he was willing to participate in work sessions on the first and third Mondays, and lie was also willing to continue to have one-hour-long work sessions prior to regular meetings provided the agendas were a reasonable length. He then stated when Council made the decision to have its work sessions televised the LMCC stated it would only do work sessions that were held on a regular meeting day. He wants to have the additional work sessions televised. Administrator Heck stated he will contact the LMCC about reconsidering its position. Councilmember Woodruff requested Council be given advance notice of a meeting scheduled for the first or third Monday. D. Making the Minnetonka Community Education (MCE) and Lake Minnetonka Conservation District (LMCD) Board Representative Appointments SHOREWDDD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 13 of 17 Administrator Heck stated the only individuals applying to represent the City on the Minnetonka Community Education Advisory Council and the Lake Minnetonka Conservation District (LMCD) Board are the current representatives Tad Shaw and Richard Siakel respectively. Those two individuals wanted to continue in their positions. Zerby moved, Bailey seconded, Adopting a Resolution Making an Appointment of Tad Shaw to the Minnetonka Community Education Advisory Council and a Resolution Making an Appointment of Richard Siakel to the Lake Minnetonka Conservation District Board. CoLUlcilmember Woodruff stated a resident who is not an elected official of the City has represented the City on the LMCD Board for a long time. There is no requirement that it cannot be a councilmember. He wants an elected official to serve on the Board because he thinks the organization is in a period of change in direction, and it's starting to consider some fairly weighty things. He volunteered to serve on the Board. Acting Mayor Turgeon stated 2009 will be a crucial year for the IMCD because it will be battling with the Lake Minnetonka Association and a few other agencies over va,ho is going to be responsible for projects, and that will affect budgets. Councilmembers are the only people accountable for approving the agency's budget. She thought 2009 would be a good year to have a Councilmember on the Board. Councilmember Zerby stated he did not think it was appropriate for Council to decide which years it wants a Councilmember to serve on the Board. Ultimately the appointed representative reports to the Council. This is an excellent opportunity for residents to be involved in and to serve the community, and to take that opportunity away from them is a tragedy. Acting Mayor Turgeon stated there were plenty of other opportunities for residents to be involved. Councilmember Zerby stated he disagreed. The LMCD Board is an opportunity for residents interested in serving the community and interested in serving Lake Minnetonka to be part of the process. Councilmembers have more than enough opportunity to insert their influence on that group without serving as the representative. The other LMCD member cities also appoint representatives who are not an elected official and it's been the City's position to do the same for many years. He did not think there was any need to change it. Acting Mayor Turgeon stated she thought other member cities have elected officials serve as their representative. Councilmember Zerby stated Council has the same amount of influence without having a Councilmember be a representative on the LMCD Board. Any funding requested by the LMCD of the City has to be approved by the Council. Councilmember Woodruff stated there is both a budgeting and expenditure side with regard LMCD finances. He then stated that from his vantage point Council needs to have a much more direct role with what is going on in the LMCD, and a CounCilinenlber should serve as the City's representative on the LMCD Board. CoLUlcilmember Zerby stated he thought that was a conflict of interest. SHOREWOOD CITE' COUNCIL REGULAR MELTING MINUTES January 26, 2009 Page 14 of 17 Councilmember Woodruff stated there are changes that are happening with that organization such as tine exotic species activities and there are discussions about the LMCD's charter, and it was important for the City to have a more direct role then is possible with a non-elected official as a representative. Councilmember Zerby stated he thought this proposed change in direction is politically motivated, vindictive, and selfish and it's not the right thing to do. Acting Mayor Turgeon stated she has attended LMCD Board meetings, and from her vantage she has witnessed representatives not representing their cities; they represented their personal interests. She then stated she thought some of Councilmember Z.erby's comments were offensive. Councilmember Bailey stated he presumed if Councilmember Woodruff was appointed as the representative Woodruff would represent Council's position. Woodruff stated for matters that have to come before Council, he would bring them to Council at its first regular meeting after a Board meeting; and, any substantive positions that have to be taken would be the Council's even if he was in opposition to the position. Acting Ma_vor Turgeon stated it is the same as other positions where Councihnembers serve as the representative. Councilmember Zerby stated it sounds good in theor~_ but thcrc is a record where Councilmember Woodruff has disagreed with the LMCD on record is a residcn( owninL, Lake Minnetonka Lakeshore property. Woodruff stated he resented that allegation and \rould be willing to hear the supporting facts if Zerby could supply them. Zerby stated if Council wanted to continue this to its next meeting he would be happy to supply the facts. Motion failed 113 with Bailey, Turgeon and Woodruff dissenting. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 09-006, "A Resolution Making an Appointment of Tad Shaw to the Minnetonka Community Education Advisory Council". Motion passed 4/0. Bailey moved, Turgeon seconded, appointing Richard Woodruff to the Lake Minnetonka Conservation District Board. Motion passed 311 with Zerby dissenting. E. Official Paper Cost Review for Legal Notices Administrator Heck explained at its January 12, 2009, meeting Council requested Staff obtain the rates for publishing a legal notice in the Sun Sailor ($25.03), the Laker ($26.46), the Lakeshore Weekly ($40,80), and the Star Tribune ($146.20) newspapers. Councilmember Zerby questioned if the Star Tribune was for the WestExtra weekly section only. Administrator Heck stated he did not know that answer. Acting Mayor Turgeon stated at the above referenced meeting Director Nielsen indicated that planning notices are published in both the Sun Sailor and Laker as a matter of practice. Councilmember Woodruff stated many of the City's residents do not subscribe to the Star Tribune, and the Sun sailor and the Laker are available to all. If the Star Tribune were to be the official newspaper for SHOREWOOD CITY COUNCIL. REGULAR MEETING MINUTES January 26, 2009 Page 15 of 17 the City the number of residents reached would be less. Also, there are a number of residents who receive the Laker and not the Sun Sailor and the City owes it to them to publish notices in the paper they receive. Woodruff moved, Bailey seconded, appointing the Sun Sailor and the Laker as the two official publications for the City of Shorewood's legal notices. Motion passed 4/0. F. Park Coordinator/Scheduling Agreement This was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated he did not think the scope of services identified relating to coordinating the Park Commission meetings was complete, and he requested the missing tasks previously performed by Director Brown and Engineer Landini be added to the list. There was consensus to continue this item to the next Council meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update Administrator Heck provided an update on the City I Tall renovation project. He stated the addition was fairly complete. Staff has relocated into the addition. Renov,ation~of the other portion of the building will start on January 27, 2009, and work on the roof is scheduled to begin on January 28, 2009. Councilmember Zerby asked if Staff has received any additional information about the ventilation in the server room. Administrator Heck explained the mechanical engineer who designed the system informed Staff there is heating and air conditioning circulating through the room. The engineer indicated if need be, additional equipment can be placed in the room if more heat is generated than the system can accommodate. Other Staff Reports Administrator Heck stated there was a meeting on the Southshore Senior Community Center on January 23, 2009, and its purpose was to discuss the Southshore Center Cooperative Agreement (the Agreement). This Council and the Deephaven Council had previously expressed concern about the termination component of the Agreement should one of the five member cities decide to withdraw from the Agreement. This was discussed during the meeting and no decisions were made, but participants thought the option discussed should be reviewed with the various member cities' councils. Heck reviewed the option discussed. If a member city withdraws it will receive only its original investment, and that would not occur until the Agreement is dissolved and the facility liquidated. The members who remain in the Agreement will receive their initial investment and will equally share in any appreciation in value. They will also equally share the costs for the long-term care and maintenance of the facility. All member cities would have to approve any fixture amendments to the Agreement, and it will remain that two-thirds of the cities would have to agree to dissolving the Agreement and liquidating the assets. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 16 of 17 Heck stated there was not much discussion about the proposed operating committee at the meeting. There was discussion that the operating committee would have the authority to approve expenditures up to a to- be-determined level. Acting Mayor Turgeon asked if there was any discussion about how a departing member city's share of on-going expenses is distributed to the remaining member cities. Administrator Heck stated that was not discussed in detail. Councilmember Woodruff stated he was not overly enthusiastic about a departing member city being able to get their initial contribution back when the asset was liquidated, but he could support what Administrator Heck explained. Acting Mayor Turgeon stated she was okay with the decision, to which Administrator Heck clarified no decision has been made by the group discussing this. The Cities of Excelsior, Greenwood and Tonka Bay may take issue with having to increase their portion of the long-term maintenance costs. Administrator Heck stated he understood Acting Mayor Tur.-con and Councilmembers Bailey and Woodruff to indicate to move forward with the option presented. Councilmember Zerby stated lie wanted to have all of this in writing to review before he commented on it. I leek stated he would write a report on the January 23`d meeting. B. Mayor & City Council Councilmember Woodruff stated he attended the Lake 1VIimletonka Communications Commission Executive Committee meeting held on January 19, 1-009, to make a request of the Committee to fund 50 percent of the cost of a broadband feasibility study. Although the Committee looked upon the feasibility study favorably, it chose not to take any action for 60 days. The Committee is planning to come before the LMCC member cities with a proposal to purchase the facility it is currently operating out of. Councilmember Bailey stated he attended an Excelsior Fire District (EFD) Board meeting held on January 21, 2009. He provided a short report on what was discussed. He elaborated on the Excelsior Firefighters Relief Association (LIRA) presentation given during the meeting. He explained the EFRA Pension Fund was 112.5 percent funded at the end of 2007 and because of the economic market it ended 2008 being only 81 percent funded and with a deficit of approximately $668,000. This deficit position will trigger a mandatory contribution, per State Statute, from the member cities starting in 2010 with the 2010 amount being approximately $67,000 (or one tenth over ten years). He expressed concern there appears to be a serious "alignment of interest" with the EFRA arrangement. The EFRA membership wants to have the highest per-year-of-service benefit level allowable by State Statute. In order to have the possibility of achieving that, the EFRA tries to earn the highest return on its investments. If the investments perform poorly, as they did in 2008, the member cities become liable to correct the deficit position. In the insurance industry that is referred to as an agency risk problem, and every once in a while things turn out badly. It is definitely an asymmetrical risk structure. He recommended Council have future discussions about this. He stated this is just the first of many funding problems various cities are going to encounter. Bailey suggested Council begin discussing the public safety budgets sooner versus later, and he strongly recommended Council request EFD Chief Gerber and South Lake Minnetonka Police Department Chief SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Rage 17 of 17 Litsey to appear before Council early on in their budgeting cycle to discuss the 2010 budget. He stated lie would not be surprised to see property values go down in the City resulting in a loss of tax revenue to the City. In the past the EFD and SLMPD budgets have experienced growth of 5 - 6 percent, and because the police and fire services budgets collectively account for one-third of the City's budget that will be difficult to handle. There was ensuing discussion about the EFRA Pension Fund and how it was managed. 12. ADJOURN Woodruff moved, Bailey seconded, Adjourning the City Council Regular Meeting of January 26, 2009, at 9:59 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Liz6e, Mayor Brian Heck, City Administrator/Clerk CITY OF S OREWOO 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING CONFERENCE ROOM MONDAY, FEBRUARY 9, 2009 5:15 P.M. MINUTES 1. CONVENE SPECIAL CITY COUNCIL MEETING Mayor Lizee called the meeting to order at 5:15 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff, and Zerby; and City Administrator Heck Absent: None B. Review Agenda Turgeon moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. 2. INTERVIEW CANDIDATES FOR APPOINTMENT TO THE PLANNIN G COMMISSION AND THE LAKE MINNETONKA COMMUNICATIONS COMMISSION BOARD The following candidates were interviewed for the consideration of appointment to the Planning Commission and the Lake Minnetonka Communications Commission Board. A. Scott Schmitt, 6020 Mill Street 5:15 p.m. Planning B. Pat Arnst, 5480 Teal Circle 5:30 p.m. Planning C. Thomas Robb, 5940 Boulder Bridge Lane 5:45 p.m. Planning D. Robert H. Cunningham, 22375 Murray Street 6:00 p.m. Planning E. Bob Edmondson, 19585 Shady Hills Road 6:15 p.m. Planning F. Bethany Connelly, 6040 Oakview Court 6:30 p.m. LMCC G. Patrick Hodapp, 26195 Shorewood Oaks Drive 6:45 p.m. LMCC 3. ADJOURN Turgeon moved, Zerby seconded, Adjourning the City Council Special Meeting of February 9, 2009, at 7:04 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk #2B CITY OF S O EWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 9, 2009 MEETING CONVENE CITY COUNCIL REGULAR MEETING 5735 COUNTRY CLUB ROAD SOUTI-ISIIORE CENTER 7:00 P.M. Mayor Lizee called the meeting to order at 7:07 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Couneihnember Turgeon requested Council have a brief discussion about putting estimated start times on agenda items. Mayor Lizee stated this could be discussed as part of Item I LB, Mayor and City Council. Engineer Landini suggested Item 5.B be discussed before Item 5.A For technical reasons. Turgeon moved, Woodruff seconded, approving the agenda amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 26, 2009 Bailey moved, Woodruff seconded, Approving the City Council Work Session Minutes of January 26, 2009, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 26, 2009 Woodruff moved, Turgeon seconded, Approving the City Council Meeting Minutes of January 26, 2009, as amended in Item 1, Page 1, Paragraph 1, Sentence 1 change "Acting Mayor Lizee called" to "Acting Mayor Turgeon called". Councilmember Zerby distributed changes he wanted made to three paragraphs in the minutes regarding the appointment to the Lake Minnetonka Conservation District Board discussion. Councilmember Woodruff stated if Zerby's changes were added, he wanted more detail added to the latter part of that discussion. Zerby's comments are accurate but the minutes lacked some of the verbal exchange. He requested the Recording Secretary reconstruct the discussion. Councilmember Turgeon stated she thought the minutes accurately summarized the conversation. Zerby stated the statements lie wanted added were part of an article published in the Sun Sailor Newspaper. The maker and seconder withdrew their motion. #Zc SHOREWOOD CITY COUNCIL, REGULAR MEETING MINUTES February 9, 2009 Page 2 of 16 Zerby moved, Woodruff seconded, continuing the approval of the City Council Meeting Minutes of January 26, 2009, to the next Council regular meeting. Motion passed 5/0. C. City Council Work Session Minutes, February 2, 2009 Bailey moved, Turgeon seconded, Approving the City Council Work Session Minutes of February 2, 2009, as amended in Item 2, Page 3, in Bullet 5 (Website enhancements) change "for gentling" to for gently"; in Item 2, Page 4, in Bullet 9 (Police Budget Process) change "Change the name to public safety budget process and include a verb in it." to "Change the name to public safety budget process to include police and fire departments and include a verb in it."; and in Item 3, Page 6, Paragraph 1, Sentence 3, change "Councilmember Zerby stated he thought Council was only going to review the first two chapters so he had not reviewed the other chapters." to "Councilmembers Zerby and Woodruff stated they thought Council was only going to review the first two chapters so they had not reviewed the other chapters". Motion passed 5/0. 3. CONSENT AGENDA Mayor Liz& reviewed the items on the Consent Agenda. Woodruff moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Licenses Issued List C. Authorize Expenditure of Funds for External GPS Antenna D. Authorize Expenditure of Funds for Training (This was moved to Item 9.13 under Engineering/Public tiVorlcs.) E. Utility Payment Drop Box Approval (This was moved to Item 9.C under Engineering/Public \Vorks.) F. Adopting RESOLUTION NO. 09-008, "A Resolution Granting Preliminary Plat Approval for Wildwood for Synergy land Company, LLC." G. Park Coordinator Services Agreement (This was moved to Item 10.1) under General/New Business.) H. Seeking Statutory Authority to Implement a Street Improvement District (This was moved to Item 10.E under General/New Business.) Motion passed 5/0. 4. MATTERS FROM THE FLOOR Rich Siakel, 25680 Birch Bluff Road, stated he had served as the City's representative on the Lake Minnetonka Conservation District (LMCD) Board from February 1, 2008, through January 31, 2009. He recently reapplied to serve in that capacity. He received a letter from City Staff on January 20, 2009, which stated he would not be scheduled for an interview for the upcoming appointment to the LMCD SHO WOOD C'ITE' COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 3 of 16 Board because he was the only applicant for the volunteer position. That position changed at the last minute. He asked Council why he was not granted an interview, and why Council did not follow the same process it uses for selecting other volunteer positions. He asked Councilmember Turgeon who served as Acting Mayor for the January 26, 2009, City Council regular meeting why he was not grated an interview. Councilmember Turgeon stated Council has always had the opportunity to appoint a Councilmember or a non-elected resident to any position. Council made the decision to appoint a Councilmember to the position because of the current economic situation. Council did not have to interview a Councilmember before appointing them to the position. Council was fortunate Councilmember Woodruff was willing to serve in that capacity, and it was Council's prerogative to appoint him to the LMCD Board. Mr. Siakel stated Council knew before the meeting that he was the only applicant for the position. He thought the decision to not consider him was a quick and abrupt, and he questioned why that happened. He spent a majority of the day following Council's decision to not appoint him working on LMCD related activities. Councilmember Turgeon stated it was her understanding that Administrator Heck was to inform Mr. Siakel of Council's decision. Mr. Siakel stated Heck contacted him later in the day. Councilmember Turgeon stated during its January 26t" meeting Council could have chosen to postpone making a decision. It was a unanimous vote to appoint Counclimcm1her Woodruff. Mayor Lizee clarified she did not attend that meeting. Councilmember Zerby clarified he voted against that appointment, Mayor Lizee stated the City has prided itself in having residents serve on commissions and boards. The City really wants residents' input, and it wants to run a transparent government. Residents who volunteer for positions take their appointments seriously. She was disturbed when she heard what occurred during the January 26"' Council meeting. Mr. Siakel was the only applicant for the LMCD Board position, he was told he did not have to interview for the position and the meeting packet contained a draft resolution appointing Mr. Siakel. Although Council has a right to change its position, she was disturbed by the lack of process followed. Based on the approved minutes for that meeting, it did not appear Mr. Siakel was thanked for his service. Nor was he called the first thing the morning of January 27"' to inform him of the change in direction or given the opportunity to interview for the Board position. The process in the past has been to interview residents, select a candidate and adopt a resolution appointing the selected applicant. She explained this eveningy's meeting packet did not contain a resolution appointing Councilmember Woodruff and she was disturbed by that. She requested that for future appointments the City follow the process of interviewing candidates, selecting a candidate and adopting a resolution appointing a candidate. She offered her apology to Mr. Siakel for how he was treated and she thanked him for his service to the community. She stated not having Mr. Siakel on the LMCD Board was a loss for the City. She noted Mr. Siakel had served with the Hennepin County Sheriffs Water Patrol for a number of years, and Mr. Siakel was recently honored by the LMCD. Mayor Lizee stated the decision has been made to appoint Councilmember Woodruff, and she requested a resolution appointing Councilmember Woodruff be placed on the next meeting agenda for housekeeping purposes. In response to a question from Councilmember Woodruff, Administrator Heck explained during the January 26"' meeting there was motion to appoint Councilmember Woodruff to the position and the resolution contained in the meeting packet would have been changed to say Richard Woodruff. He then explained there were multiple motions made. The first was to appoint Mr. Siakel to the LMCD Board and Tad Shaw to the Minnetonka Communication Education (MCE) Board. The motion failed on a 1 to 3 vote. There was a second motion to only appoint Mr. Shaw and this motion passed. There was a third motion to appoint Councilmember Woodruff and it passed on a 3 to 1 vote. He explained Councilmember Woodruff's appointment was by a resolution and the resolution contained in the meeting packet would SHO WOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 4 of 16 have been corrected to say Richard Woodruff. He noted there is a signed resolution in place and he could provide Council with a copy of the document if desired. Mr. Siakel stated he did see a copy of a resolution appointing Richard Woodruff and it was signed by Acting Mayor Turgeon. Discussion moved to Item 5.13 on the agenda. 5. REPORTS AND PRESENTATIONS A. Presentation by Dick Osgood, Lake Minnetonka Association (LMA) Representative This was discussed after Item 5.13 on the agenda. Mayor Lizee introduced Dick Osgood, Executive Director of the Lake Minnetonka Association (LMA). Mr. Osgood stated the LMA is planning to continue treatment of Eurasian watermilfoil in Carman Bay, Grays Bay and Phelps Bay in Lake Minnetonka in 2009. He explained during Council's November 24, 2008, meeting he requested (on behalf of the LMA ) that the Cite coalti Bute $6,000 to help fund the 2009 treatment of Phelps Bay; that amount is the same as what «,as contributed in 2008. Council requested he come back with additional information before it would cornsidcr the request. Mr. Osgood reviewed the information that was asked tor. The Minnesota Department of Natural Resources (MN DNR) does support the treatment program. noting it approved the Lake Vegetation Management Plan (LVMP); it will permit the treatments; and will help find the treatments. The five-year cost estimates are $61,000 for 2008; $68,000 for 2009; S49,000 for 2010; $21,000 for 2011; and $13,000 for 2012. The LMA has developed a Milfoil-Free Minnetonka Vision and Plan which recommends a comprehensive milfoil control and aquatic invasive species (AIS) protection plan for Lake Minnetonka. Mr. Osgood stated he had a PowerPoint presentation prepared, but in the interest of time he would forego it. Mayor Lizee noted Mr. Osgood has presented information about the treatment program during other Council meetings. Lizee explained the l YIA has worked with the Lake Minnetonka Conservation District (LMCD) and the MN DNR. on this treatment program, and these agencies contributed finds to it in 2008. The Cities of Minnetrista, Mound and Shorewood as well as some residents also contributed funds for the treatment. She commented the LMC'-D still has a milfoil harvesting program. Mr. Osgood stated the LVMP was coordinated and developed by the LMA and the LMCD and approved by the DNR. The Three Rivers Park District, the Army Corps of Engineers, the University of Minnesota, and Hennepin County Environmental Services have also been involved. Mr. Osgood reviewed the anticipated finding for the 2009 chemical treatment of milfoil in Phelps Bay which is estimated to cost $68,000. The LMCD has committed to $10,000 in funding from its Save-the- Lake funds. The LMA has applied for a grant of $8,333 from MN DNR. The City of Mound has committed to $12,000 in finding. There is a 2008 carryover from residents' contributions of $8,000. There is $29,667 yet to be funded. Mayor Lizee stated she understood Mr. Osgood, on behalf of the LMA, was requesting the City contribute $6,000 for the 2009 treatment of Phelps Bay. She noted there were residents from Enchanted Island in the audience and she offered them an opportunity to comment on the request. SHO WOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 5 of 16 Patti Kurak 4320 Enchanted Drive, thanked Council for taking the time this evening to consider the request for finding. She stated she is very impressed with how the agencies, the Cities of Minnetrista, Mound and Shorewood, and the lakeshore property owners came together in 2008 in support of the treatment of milfoil in Phelps Bay. She thanked the City for its $6,000 contribution in 2008. She stated she and her husband Tom were 100 percent in support of continued treatment in 2009. The long-term goal is to work toward suppression and control of milfoil in all of Lake Minnetonka, and Mr. Osgood has been diligently working toward this. Once milfoil is under control it will be relatively inexpensive to keep it that way, similar to ongoing treatment of crabgrass. The treatment program is a community, private and public joint effort. She expressed hope that the job can get done and the treatment works the way research indicates it should. She stated she believes it will or she would not be in support of it. She encouraged the Councilmembers to view this as a benefit to their constituents and to approve the $6,000 funding request. She stated the residents, their children and their grandchildren appreciate the City's support in helping Lake Minnetonka return to a healthy state. Everyone must work toward having a healthy environment. Ms. Kurak submitted a letter for the record from her and her husband expressing their support of the treatment program. She thanked Mr. Osgood for all of his hard work. and she also thanked Richard Siakel for serving on the LMCD Board the past twelve months. Councilmember Woodruff stated he has been involved with the LMCD in an unofficial capacity at a couple of LMCD meetings, and now in an official capacity as the City representative on the LMCD Board. He then stated he wanted to give a status report. Tliis year the LNICD again elected to have the LMA serve as the project manager for the 2009 three=bay treatment program. There is an Exotic Species Task Force within the LMCD that has been in existence for quite some time. In December 2008 he attended a Task Force meeting during which there was a lcrngthy discussion about how to proceed with the treatment program in 2009. He was impressed witli the number of agencies in attendance at that meeting; there were representatives from the MN I7;V'R, the Ai- ny Corps of Engineers, the LMCD, the LMA as well as other agencies. During the meeting a decision was made to prepare a request for proposal (RFP) to solicit bids for the 2009 treatment application. Mr. Osgood prepared the RFP and only one applicator submitted an RFP, and it was Iron the applicator used in 2008. The Task Force is scheduled to meet on February 13`x' to review the RFP and continue with 2009 treatment program discussions. Councilmember Bailey asked if the 1-NIA issues financial statements, and if so he requested the LMA provide the Council with copies of them. Mr. Osgood explained the LMA is a non-profit corporation; therefore, it has to file reports with the Secretary of State and all of that is public information. During 2008 the LMCD and/or one of the LN/1CD member cities asked for an accounting of the 2008 contributed funds for the treatment program, and that request was fulfilled. Bailey stated that would be appropriate. Councilmember Bailey questioned if the LMCD was also committing $10,000 in finding for the treatment of Carman Bay and again for Grays Bay. Mr. Osgood stated the LMCD was committing a total of $30,000 from its Save-the-Lake funds. In response to another question from Bailey, Mr. Osgood stated as of yet the MN DNR has not committed to funding for 2009. He explained a request for funding has been submitted through the MN DNR's grant process and he hoped the MN DNR would make its decision in early March 2009. He anticipates receiving funding from the MN DNR similar to that received in 2008. In response to a question from Councilmember Turgeon, Mr. Osgood explained he has not yet gone before the Minnetrista Council, but he has an outstanding request to do so. In response to another question from Turgeon, Mr. Osgood explained to date only the LMCD and Mound had committed. Mr. Osgood stated he was 99 percent sure the MN DNR would make a contribution similar to the one it made in 2008. SH® WOOD CITY COUNCIL REGULAR MEE'T'ING MINUTES February 9, 2009 Page 6 of 16 Councilmember Turgeon stated she has not been provided an opportunity to review the RFP that was prepared. She commented the estimated five-year treatment costs appear to change each time they are presented. She questioned how anyone can be sure it will cost $68,000 to treat Phelps Bay in 2009. She asked if the REP included a performance guarantee clause and if it specified any benchmarks that must be achieved. She stated that she would like to see something a little more solid, and she wanted the RFP to include a performance guarantee clause for the applicator. Mr. Osgood stated the estimated cost has changed for a legitimate reason. He explained that in 2008 a bid process was used to select an applicator, and the Exotic Species Task Force set the specifications for the 2008 treatments. An RFP process is being used for 2009 and the applicator is being asked to propose products that will be used, timing of treatments, etc., for accomplishing the objectives identified by the Task Force and to provide a cost estimate to do so. He noted that as part of the normal process, Council's are not provided a copy of RFPs, but he is willing to send a copy to the Council. He explained the RFP requests the applicator provide a warranty. The Task Force will have a technical review of the one RFP that was submitted on February 13'11 and the price is still under negotiation. The guarantee in the proposal is that the treatment will control a minimum of 80 percent of the milfoil in the treated areas based on frequency analysis, noting this is a very strict standard. If more than 20 percent of a location tested with the approved method has milfoil remaining within four to six weeks. the applicator will have to retreat the area at no additional cost. He stated he anticipated the proposed 2609 treatment will be more effective than the 2008 treatment for a number of technical reasons. If there is a need to retreat an area in 2009, he's confident it will be effective, noting the applicator cf'fcctivcty re-treated areas in Phelps Bay at its own initiative and cost in 2008. Councilmember Woodruff stated he is a now a'member of the Exotic Species Task Force, and he has a copy of its February 13"' meeting agenda, the RFP and the proposal submitted. He will attend that meeting. Councilmember Turgeon stated she is not saying she is against a $6,000 contribution. She requested that she be provided with a copy of the R FY, and sllc wants to ensure the RFP identifies terms and conditions. She also requested the LMA provide copies of its financial statements. She stated it was important for Council to take an even closer look at czpcnditures during these economic times. She commented that in 2008 Council committed to a one-time contribution, and it wanted to be assured results were being achieved from the treatment. She then commented the 2008 treatment results were marginal. Mayor Liz6e stated Council has been provided a lot of data about the treatment program, the 2008 treatment results and the 2009 treatment program plans. She commented that the Cities of Minnetrista and Mound were also asked to make equal or greater contributions than the City in the spirit of cooperation along with the LMCD, the MN DNR and private citizens. She stated for Council to delay its decision until it gets a copy of the RFP when the City is being asked to contribute less than 10 percent of the Phelps Bay treatment cost is unnecessary. She noted the LMA's financial statements are a matter of public record; anyone can view them. She was confident the LMA would provide a copy of its statements. She stated Mr. Osgood is asking the City to share in a commitment to the treatment program. Councilmember Zerby stated the City is getting a bargain by contributing less than 10 percent of the cost to treat Phelps Bay. He then stated Council was scrutinizing this request much more than it did the more costly tennis court resurfacing proposal. He commented he viewed Lake Minnetonka as a "water" park (he doesn't mean one with slides) for residents to use. He stated the 2009 Parks budget was increased by over $100,000 over the 2008 budget. The City's has budgeted almost $400,000 in 2009 for parks improvements and operations, and this is the most it has ever been. He stated he thought it would be a. shame for Council to decide not to spend $6,000 to try and help mitigate the Lake Minnetonka milfoil SHO WOOD CITE' COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 7 of 16 problem. It would be inappropriate to spend a tremendous amount of money on the City's land parks and spend nothing on its "water" park. Zerby moved, Lizee seconded, authorizing a $6,000 contribution for the for the herbicide treatment of Eurasian Watermilfoil in Phelps Bay in 2009. Councilmember Bailey stated he would support a motion subject to two conditions. The first being the LMA would submit its financial statements to the Council for review. The second is the MN DNR approving some funding for the 2009 treatment of Phelps Bay. He commented he did not think the two conditions were onerous. Councilmember Zerby stated he would not accept an amendment his motion to include the two conditions. Councilmember Woodruff stated in 2008 he recused himself from the $6,000 funding decision vote because he is one of 29 Lakeshore property owners that will be directly affected by the herbicide treatment. He would be a beneficiary of the spending for the treatment, and he was confident Council could make a decision without him. He will reeuse himself from the vote again this time. Mayor Lizee stated that although she will honor Councilmember Woodruffs decision to reeuse himself, she challenged that it is a financial consideration for him or that it affects him financially. Council was discussing herbicide treatment of Phelps Bay, as part of a three-bay treatment program, and anything that affects Lake Minnetonka affects the property values of residents in the audience as well as residents in the area. She did not think it is necessary for Woodruff to reeuse hiiliself from the vote. Motion failed 2/2 with Bailey and Turgeon dissenting, and Woodruff recusing. Bailey moved, Turgeon seconded, authorizing a $6,000 contribution for the herbicide treatment of Eurasian Watermilfoil in Phelps Bad' in 2009 subject to the Lake Minnetonka Association submitting its most recent financial statements to the Council and the Minnesota Department of Natural Resources approving funding; for the 2009 herbicide treatment of milfoil in Phelps Bay. Motion passed 4/0, with Woodruff recusing. Discussion moved to Item 6.n on the agenda, B. Presentation by Mitch Hedlund from Up On Green This was discussed before Item 5.A on the agenda. Mayor Lizee introduced Mitch Hedlund with UPonGreen. Following is a summary of Ms. Hedlund's presentation about UPonGreen, and details can be found on the UPonGreen website www.upongreen.com. Ms. Hedlund explained UPonGreen (UP) has developed a program that helps businesses (e.g., counties, cities, hospitals, schools, agencies, etc.) and consumers understand the green movement, take advantage of it and communicate it. UP has also created a way for the various organizations and consumers to inspire others about "green". UP, with help from the Center for Energy and Environment, identified fourteen eco-actions (UP Criteria) that consumers should expect of all businesses. Any business should be able to achieve at least nine of them, and eight of them can help a business significantly reduce its expenses. She reviewed the criteria which can be found on the website, and she noted the website also identifies products that can help with achieving the criteria. She commented fourteen slightly different eco-actions were also identified for households. SHO WOOD CITE' COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 8 of 16 Ms. Hedlund then explained a business has to achieve at least nine of the criteria in order to be certified as UPonGreen. Once a business is UPonGreen it can choose to be featured on the UP website. Consumers can then go to the website and view what eco-friendly things the business is doing, what "green" certifications it promotes and uses, and other "green" initiatives it is embarking on. There is also a link to the business's website. A business can also choose to have an Eco-Profile on the website; the Eco-Profile has about nine questions that allow the business to describe in more detail what they are doing above and beyond the UP Criteria. The business can request UP Identifiers which help communicate specific eco- actions it has taken and they can be placed at its facility, on-line and on product packaging. There will eventually be links to social networking sites for those businesses and individuals on the UP website. Ms. Hedlund went on to explain when a business inspires it employees, suppliers and stakeholders to join the effort UP can track how many individuals and businesses it has directly or indirectly inspired. This is communicated through what is called an Eco-Tree. Individuals and businesses have the ability to exponentially inspire others to get UPonGreen. For example, Excelsior Elementary School is UPonGreen and is inspiring students, families, teachers and staff to get UPonGreen. Mayor Lizee thanked Ms. Hedlund for her efforts and time. Shc stated the City Engineer has conducted various workshops about different "green" opportunities and it is discussing "green" initiatives it can undertake. As part of the City Hall renovation project the City is plarwirug to have natural landscaping on its properties. She suggested if Ms. Hedlund has additional in t'oumation she thought would be of benefit to the City that she provide it to the City Engineer. Ms. Hedlund thanked Julie Moore, the City's c0'mmurnicatiorn coordinator, for her support. She stated the City has a wonderful opportunity to be an amazing leader in the green movement. Discussion moved to Item 5.A on the a-cnda 6. PUBLIC HEARING A. Water Shut-off Ordinance :Amendment Administrator Heck stated during its January 12, 2009, work session Council discussed the City's current water shut-off policy. Because of instances where the Public Works staff have been harassed and/or threatened when they went to shut off or turn on the water, Staff recommended the policy be changed to be more permissive; rather than requiring the water to be shut off, the policy would allow the delinquent charge, including associated penalties and fees, to be certified to the property owner's tax roll at year end. The proposed change will be accomplished by making a change to the City Code, Chapter 903.09, Subd. 3, Delinquencies where the statement the water will be shut off will be changed to the water may be shut off' and in Subd. 3, Discontinuance of Service where the statement the water shall be shut off" will be changed to the water may be shut off'. Seeing no one present wishing to comment on this case, Mayor Lizee opened and closed the Public Testimony portion of the Public Hearing at 8:22 P.M. Turgeon moved, Woodruff seconded, Approving ORDINANCE 456, "An Ordinance Amending Chapter 903 of the Shorewood City Code Relating to Water Usage." Motion passed 5/0. Mayor Lizee closed the Public Hearing at 8:23 P.M. SHOREWOOD CITE' Ct7UNCIL, REGULAR MEETING MINUTES February 9, 2009 Page 9 of 16 7. PARKS A. Request for Proposals for Park Services Chair Norman reported on matters considered and actions taken at the February 4, 2009, special Park Commission meeting (as detailed in the minutes of that meeting). The purpose of the meeting was for the Commission to interview the three (out of thirteen) Park Consultant Services request for proposal (RFP) responders it had selected for interviews, and then to select the responder it thought would provide the best services to the City. The Commission selected TKDA. Kristi Anderson, with Community Rec Resources (CRR) and the Park Coordinator for the City, stated the Park Commission recommends Council direct Staff to negotiate a contract with TKDA for park consultant services to include such items as electronic and hard formats of concept plans for five parks with a phasing matrix, cost estimates, sketches, park building templates, element options as updates to insert into the Master Plan, and a visual catalog of options for parks to be phased in over the next ten years. She noted TKDA's original bid was $25,500 and after the interview process took place the Park Commission eliminated a number of hours of work bid because the Park Coordinator can perform them; the Commission expects the price to be $18,000 - $20,000. Ms. Anderson explained the rationale for the Park Comrn-iissiorn's selection of TKDA. TKDA demonstrated an ability to effectively communicate with the Park Con-emission, it was able to clearly articulate what it was going to do and deliver, and the Commission was impressed with the products and drawings that TKDA would provide. Chair Norman stated the project manager that «ill be assi~~nrd ftom TKDA is well respected in the industry. He then stated the Park Commission thou-lit TKDA would ask the Commission the tough questions it needed to answer, and keep the project on schedule. He went on to state TKDA has a number of internal resources that the other firms slid not have. Councilmember Woodruff stated «1ien Council first discussed the RFP he questioned if it was definitive enough, and after Council discussion it elected to allow the RFP to be more general. He commented that one of the RFP responder's proposal cost was $16,000; therefore, he thought the TKDA proposal could be negotiated to a lower cost than its original proposal. He stated he thought the Park Commission had better defined what it wanted to accomplish. He went on to state TKDA will drive the process and it will make sure the Commission accomplishes what it needs to. In response to a question from Councilmember Turgeon, Ms. Anderson stated TKDA stated it should complete its efforts by the end of May. Councilmember Bailey questioned if there were any project activities that TKDA could embark on quickly. Chair Norman stated the plans TKDA will deliver are concept plans; they will not be engineering plans. The Park Commission's intent is to take the concept plans to the next level. Ms. Anderson stated when the Park Commission prepared the parks master plan a number of years ago, it did not develop implementation plans. Councilmember Bailey suggested the Park Commission and Council have a joint meeting to review the concept plan when appropriate. Chair Norman stated it was the Commission's intent to have a kickoff meeting with Council. Councilmember Woodruff suggested TKDA involve Council in the development process SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 10 of 16 Woodruff moved, Zerby seconded, directing Staff to negotiate a contract with T A for park consultant services. Motion passed 5/0. Councilmember Zerby stated he thought the Park Commission did a great job. 8. PLANNING Director Nielsen stated the Planning Commission meeting scheduled for February 3, 2009, was canceled. Councilmember Zerby asked Director Nielsen if the planning projects for the City were down this year, to which Nielsen responded they are. 9. ENGINEERING/PUBLIC WORKS A. Public Information Meeting Regarding Storm Water Pollution Prevention Program Engineer Landini suggested that because there were a minimal number of residents in the audience for the public meeting, Staff forego giving a formal Storm Water I'ollt,ton Prevention presentation. He recommended a copy of the presentation be entered into the hub] is record. Turgeon moved, Zerby seconded, directing Staff to'Prepare a Record of Decision Regarding the City's Storm Water Pollution Prevention Program. Motion passed 510. B. Authorize Expenditure of Funds for Training This was removed from the consent agenda at Councilnlembcr Woodruff's request Mayor Lizee stated Staff is recomniending Council approve sending Engineer Landini to a training session for improved utilization of the GPS with Terrasync software. Councilmember Woodmfl_ stated from his vantage point the cost for the proposed training is quite expensive, and it requires the Fngineer Landini travel to Denver, Colorado. He then stated that per his request Engineer Landini had informed him that there is similar training offered in other states, and that training would not be any less expensive. He assumed the GPS tool is already being used to some extent, and he questioned if there was an alternative to sending Landini to the recommended formal training. Could a local engineering firm provide Landini with some on-the-job training on the tool? This would save money and it may allow for Landini to learn more practical uses of the tool. Mayor Lizee stated she is in support training Staff on the use of new systems and technologies as well as for improving the utilization of them. She's confident Engineer Landini will make good use of the technology and training when he works on various City projects, and is therefore in support of sending him to the training. In response to a comment from Councilmember Turgeon, Engineer Landini stated there are not different levels of training (e.g., beginning, intermediate and advanced) on the use of the GPS and Terrasync software. He explained he knows how to do some of the items on the course agenda, but there are others he where he could benefit from a great deal of training on their functionality. He then explained the engineering firms in the area do not use the same Terrasync software; they use more surveying based software. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 11 of 16 Councilmember Woodruff asked Engineer Landini if he had to write the check from his personal account for this training would he then think this was the most effective way to get training. Mayor Lizee stated it was unfair to ask Landini that because he is not going to pay for it. Lizee then stated the training proposed is provided by the supplier of the technology. Administrator Heck stated he supports sending Engineer Landini to the training. He noted Council approved the purchase of an external antenna for the GPS on this meeting's consent agenda. He stated it is prudent that Landini receive the best training available to fully utilize the technology. It is important for staff to be provided with the tools and training to be more efficient. This proposed $1,500 investment does that. Bailey moved, Zerby seconded, authorizing the expenditure of funds from the City Engineer Operating Budget for GPS and Terrasync training. Councilmember Zerby thanked Administrator Heck for his comments, and he stated he assumed the training would not have been recommended if he was not in support. He is in total support of sending Engineer Landini to the training. Councilmember Woodruff stated he absolutely agreed training by the product vendor is probably the best solution, but expressed concern about the $6,200 for travel cost,. Administrator Heck clarified the total cost to send Engineer Landini to the training is estimated to be $1,500; the 56,200 referred to in the Staff memo is the remaining budget in the City Engineer Operating Lludget for travel, conference and training. Motion passed 5/0. C. Utility Payment Drop Box Approval This was removed from the consent agenda at Counci lmember Woodruff's request. Councilmember Woodruff commcntcd the old payment drop box was located on the City Hall building. He stated Staff is proposing a stand-alone payment box, which he thought is like a "bank vault", and it will cost a lot of money. Ne questioned liow frequently people used the old payment box, how much cash is left in the box, and if the mail deliveiy person leaves City mail in the box. He asked what the security issue is that Staff is trying to solve with the proposed very expensive bank-vault type box. Administrator Heck explained with the old box payments were dropped into a slot on the outside and they land in a locked box located in the old conference room. The drop box is heavily used, and it is even used during the City Hall renovation. The security issue is not about mail, it's about payments. Many residents do not use an envelope when they drop their payments in the box. Some residents drop off cash payments attached to their payment stubs. Some mail carriers bring the City mail into the building and some leave it in the mailbox. In response to a comment from Councilmember Woodruff, Administrator Heck explained Staff intends to purchase the new payment box with City Hall renovation funds. Woodruff moved, Bailey seconded, authorizing the purchase of free-standing, walk-up drop box as recommended by Staff. Motion passed 510. SHO WOOL) CITY COUNCIL REGULAR MEE'T'ING MINUTES February 9, 2009 Page 12 of 16 10. GENERAL/NEW BUSINESS A. Making the Lake Minnetonka Communications Commission (LMCC) Board Representative Appointment Mayor Liz6e explained that during a City Council special meeting held just prior to this meeting Council interviewed two candidates to serve as the City's representative on the Lake Minnetonka Communications Commission (LMCC) Board. Council also interviewed five candidates who had applied to fill two positions on the Planning Commission, noting some of these applicants indicated they would also be willing to serve on the Park Commission where there are two openings. She stated Council did not have time to discuss its preference of candidates during that meeting. She hoped Council could make the appointments this evening. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 09-009, "A Resolution Making an Appointment of Patrick Hodapp to the Lake Minnetonka Communications Commission." Councilmember Zerby stated he thought Mr. Hodapp has served the City and community well in this capacity in the past and supports reappointing him to serve as the City's representative. He suggested that during a future meeting Council discuss synchronizing the tern; of this appointment with the LMCC Executive Committee terms which nun through May. Councihz ember Woodruff requested Staff contact the LMCC and ask if this appointment can be extended a l'e%m months. Zerby suggested Staff find the best way to handle this. Motion passed 510. B. Making Planning Commission Appointments Mayor Liz6e stated there were five applicants for two positions on the Planning Commission. Zerby moved, Adopting "A Resolution Making the Appointments of Scott Schmitt (3-year term) and Bob Edmondson (3-year term) to the City of Shorewood Planning Commission". Councilmember Woodruff requested the two appointments be made separately. Liz6e seconded the motion. Councilmember Zerby stated Mr. Schmitt has done an excellent job serving on the Planning Commission and he has a great grasp on how the Planning Commission works. He then stated Mr. Edmondson has one of the longest tenures as a resident in the City out of all five applicants, he has lived in different areas in the City and as a result he has experience with issues unique to the east and west sides of the City, his professional experience in construction gives him a great background for Planning Commission activities and his skills and knowledge would be a valuable asset to the Commission. Councilmember Bailey stated Council interviewed five great candidates. He then stated he was going to oppose the motion, although Mr. Edmondson would be a wonderful member of the Planning Commission. He went on to state if provided the opportunity he planned on making a motion appointing Mr. Edmondson and applicant Thomas Robb to the Park Commission. He thought Pat Arnst had incredible background in planning, and out of those he spoke with she has the most experience with planning issues. He stated he would feel honored to have Ms. Arnst on the Planning Commission. He then stated he meant no disrespect to Mr. Edmondson. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 13 of 16 Councilmember Turgeon stated she agreed with Councilmember Bailey's recommendations including the Park Commission appointments. Motion failed 2/3 with Bailey, Turgeon and Woodruff dissenting. Bailey moved, Turgeon seconded, Adopting RESOLUTION NO 09-010 "A Resolution Making the Appointments of Scott Schmitt (3-year term) and Pat Arnst (3-year term) to the City of Shorewood Planning Commission". Councilmember Zerby stated Ms. Arrest has valuable planning experience. He questioned if she would be committed to this appointment noting she terminated her last term on the Park Commission before it was up with no advance notice. Councilmember Bailey stated he did not see any indication that Ms. Arrest would not be fully committed to the position and Council had opportunities to ask her if she would be. Motion passed 3/2 with Lizee and Zerby dissenting. Mayor Lizee asked if someone was willing to make a similar motion appointing two of the other applicants to the Park Commission. Administrator Heck noted that the previous week the City received an applicant for the Park Commission. In response to a question Iron; Lizee, Heck explained the original cutoff date for Park Commission applications was January 12, 2009. and when no applications were received a decision was made to leave the process open. Councilmember Woodruff suggested Council have another interview session including those candidates interviewed this evening who expressed interest in scry ing, on the Park Commission if they were not selected as well as the most recent applicant. Mayor Lizee stated the two applicants mentioned by Councilmember Bailey earlier had expressed interest in serving on the Park Commission ift hey could not serve on the Planning Commission, and there will be two openings on the Park Commission at the end of the month. Councilmember Woodruff stated he can't accept appointing two of the people interviewed tonight without interviewing the most recent applicant. Councilmember Bailey stated he would prefer to make the appointments this evening unless Administrator Heck could convince him that such action would be out of order. Administrator Heck stated he was not suggesting that, he only wanted to inform Council there had been a very recent applicant. Heck then stated Council has gone through the process of soliciting applications and interviewing, and it's Council's prerogative to make appointments based on that. Councilmember Woodruff stated he was confused because it was his recollection that four of the applicants stated they might be interested in the Park Commission. Mayor Lizee stated she is not confused, and the City has followed a process. Bailey moved, Zerby seconded, Adopting RESOLUTION NO 09-011 "A Resolution Making the Appointments of Bob Edmondson (3-year term) and Thomas Robb (3-year term) to the City of Shorewood Park Commission". Councilmember Zerby stated he had mixed thoughts about this. He appreciated Councilmember Woodruffs concerns about following an interview process, but he also appreciated a desire to appoint two of the qualified candidates Council just interviewed for Planning Commission openings. The most recent applicant to the Park Commission had sufficient time prior to this past week to submit an SI ORE OOD CITY COUNCIL, REGULAR MEETING MINUTES February 9, 2009 Page 14 of 16 application. He encouraged residents to continue to express interest in Commission appointments as there are frequent openings. Councilmember Bailey stated part of the reason he wanted to make these appointments this evening was out of the respect for the applicants. He explained that during the interview process this evening Council told every candidate that they would receive a call this evening, even if it was after 8:00 P.M., notifying them of the outcome for the Planning and Parks Commissions. He then stated he would have liked to have heard there was another interested individual before now; that comment would not have been made to the applicants., He thought both Mr. Edmondson and Mr. Robb would be good appointments to the Park Commission. Councilmember Woodruff stated the Council special meeting agenda did not say anything about interviewing for the Park Commission. Motion passed 3/2 with Turgeon and Woodruff dissenting. Administrator Heck stated a resolution for the appointments to the Park Commission would be prepared. Councilmember Turgeon stated she voted against the motion Lccausc she thought some of the process was circumvented. Mayor Lizee recessed the meeting at 9:05 P.M. Mayor Lizee reconvened the meeting at 9:14 PM. C. Audio Visual Equipment Approval Administrator Heck explained that during its January 26, 2009, meeting Council discussed Staff's proposal for audio visual (AV) egoipmcnt for the Council Chambers, and Council asked Staff to refine the proposal. The refined proposal provided to Council identifies a number of options for AV. He noted Staff did price some of the proposed equipment on the internet. For some of it there was a minimal lower difference in price and for others the cost «a's higher. Staff is still waiting for the proposed vendor to refine some of its prices. Heck stated Staff recommends purchasing the majority of the AV equipment from Alpha Video as quoted with the following exceptions: control room headphones, cameras, and the audio/video mixer. He explained the existing Council microphones will be reused, as will an existing rack for equipment. The projection screen will not be motorized. Staff continues to recommend the purchase of three cameras. Councilmember Woodruff stated during the January 26"' meeting Councilmember Zerby recommended only two cameras be purchased, and he questioned if he still thought that. Zerby stated he still recommended purchasing only two cameras, and he wanted to reserve the funds for the third camera for titling equipment. Woodruff agreed with purchasing two cameras. Zerby moved, Woodruff seconded, authorizing the purchase of audio visual equipment for the Council Chambers per Staff's recommendation as amended to purchase only two cameras. Motion passed 5/0. In response to a question from Councilmember Zerby, Administrator Heck stated the control room is wired for four cameras. SIID W®®D CITE' COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 15 of 16 D. Park. Coordinator Services Agreement This was removed from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated the reason she requested this item be removed from the consent agenda was she wanted to ensure that the Councilmembers were comfortable with the expanded scope of responsibilities identified, noting that expansion was requested during the January 26, 2009, Council meeting. She assumed there were benchmarks in place to measure Community Rec Resources (CRR) additional responsibilities, and she also assumed the $53,000 not to exceed amount for CRR services includes park facility scheduling activities. Administrator Heck stated it did. Turgeon moved, Woodruff seconded, approving the agreement between the City of Shorewood and Community Rec Resources as presented. Motion passed 5/0. E. Seeking Statutory Authority to Implement a Street Improvement District This was removed from the consent agenda at Councilmember Turgcon's request. Councilmember Turgeon stated the reason she requested this he removed from the consent agenda was Council has not had the opportunity to discuss it. Although she understands the legislative movement for establishing street improvement districts, she was not sure if the City should request this be made available to it. Also, she thought there were items in the draft resolution that did not apply to the City, and she suggested Staff remove those items. She suggested this be discussed in a Council work session where Staff could provide an overview. She also wanted to make surc the City would not spend any funds to lobby for this authorization. Attorney Tietjen stated the Council does not have to adopt this resolution requesting statutory authority to establish municipal street improvement districts. Mayor Lizee stated doing so WOUld not bind the City to establishing street improvements districts. Attorney Tietjen agreed. Councilmember Woodruff stated the draft resolution included items not applicable to the City and they should be removed. He then stated he would like this option to be available to the City. Mayor Lizee suggested Councilmembers submit their concerns to Administrator Heck and he can work with Engineer Landini on refining the resolution. She stated Council could consider this item again in March or early April to allow Staff time to work on this. Landini explained there is somewhat of a time crunch. Landini explained the City of Minnetonka submitted its request for statutory authority to establish a municipal street improvement district this past week, and it found out that draft bills that may be considered this year must be heard in committee before March 27, 2009. In response to a comment from Lizee, Landini stated this could be an alternative the City could use to help fund the Vine Hill Road project. Engineer Landini explained the street improvement districts would be established by the Council, and they can be for one street, a neighborhood, the entire city; they are similar to storm water special tax districts. There was consensus that Councilmembers will supply their comments by noon on February 13`x', and Landini will distribute the documents included in the meeting packet for this meeting to them electronically. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES February 9. 2009 Page 16 of 16 This item was continued to a February 23, 2009, Council work session. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff City Hall Construction Update Administrator Heck provided an update on the City Hall renovation project. The project is moving along well. The construction superintendent who has been working on the project since the beginning of construction was laid off. A new superintendent has been assigned and he has been with the construction company for about 20 years. Work on the roof has been completed. The projected target date to move into the renovated offices is mid-March. B. Mayor and City Council Councilmember Woodruff stated that Greg Nybeck, the Executkc 'Director of the Lake Minnetonka Conservation District, issued a press release to respond to a statel»ent made in an article published in the Star Tribune Newspaper. Nybeck's release stated it is not the position of the LMCD to restrict access to Lake Minnetonka through the use of user fees to help control and stop the spread on aquatic invasive species into the Lake. Councilmember Turgeon questioned if publishing the estimated start time for discussions on the meeting agendas bind Council in any way (e.g., having to wait for the estimated start time to discuss a topic). Attorney Tietjen stated the only potential problem could he 11' a public hearing is scheduled, and the problem could be circumvented by specifying a time range. Tietjen then stated as long as the public hearings are properly noticed there should not be a problem. Administrator Heck noted the public hearing noticed for this evening specified a 7:00 l'.M. start time. 12. ADJOURN Turgeon moved, Woodruff seconded, ikdjourning the City Council Regular Meeting of February 9, 2009, at 9:33 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Liz6e, Mayor Brian Heck, City Administrator/Clerk PAYABLES APPROVALS For 02/23/2009 Council Meeting Prepared by: - Date: r Michelle T. Nguyen, Sr. Accounting Clerk A Reviewed by: Date: 07 Bonnie Burtonance Director Approved by: Date: Tian H- k, Cmity Administrator ~~y t a Pal Listfir 0212310 9 Sorted by . Chec k # Ilen _..wName _ ` iption `heck Date Invoice # Amount 47953 TOWER, TERRY 2008 BOOT REIM 02/10/2009 2008 BOO $187.48 47966 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRE 02/17/2009 02 200902 $1,609.60 47966 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRE 02/17/2009 02P20090 $208.88 47967 MINN NCPERS GROUP LI MONTHLY- ELECT LIFE IN 02/17/2009 06 200902 $32.00 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $394.07 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $336.83 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $43.94 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $67.08 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $101.75 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $580.76 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $247.25 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $360.16 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $12.28 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $424.74 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $302.13 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $2,978.61 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $187.87 47970 WELLS FARGO HEALTH P/R DEDUCTS-HSA 02/17/2009 16 200902 $305.00 47971 3RD LAIR SKATEPARK 2009 SKATE DEPOSIT JU 02/24/2009 2009SKAT $300.00 47972 ADVANCED IMAGING SO MAINT SVC 1/6-2/6/09 02/24/2009 046077 $264.00 47973 AFSCME DELTA DENTAL MAR-UNION DENTAL PRE 02/24/2009 MAR-09 $408.00 47973 AFSCME DELTA DENTAL MAR-DENNIS JOHNSON 02/24/2009 MAR-09-C ($51.00) 47974 ANDERSON, KRISTI B. SHWD PK MTG FEB 4 & 1 02/24/2009 FEB4&10/ $430.00 47975 CITIES DIGITAL INC. LASERFIE ANNUAL SUPP 02/24/2009 26476 $5,826.00 47977 COMMUNITY REC RESO FEB MTG 02/24/2009 3-2009 $2,115.00 47978 CUB FOODS COUNCIL MTG 2/9/09 02/24/2009 FEB9/09 $59.83 47979 CULLIGAN BOTTLED WA DRINKING WATER 02/24/2009 114099504 $48.94 47980 DELL MARKETING L.P. PATTI/PAM-MONITOR-UL 02/24/2009 XD424CX $270.19 47981 EXCELSIOR ENGRAVING SIGN & COUNCIL AWARD 02/24/2009 1692 $32.07 47981 EXCELSIOR ENGRAVING SIGN & COUNCIL AWARD 02/24/2009 1692 $273.13 47982 FREEMAN, CHRISTINE A. JUL-DEC 2008 COUNCIL 02/24/2009 CC-JUL-D $3,350.00 47982 FREEMAN, CHRISTINE A. JUL-DEC 2008 PLNG MTG 02/24/2009 PLNG-JUL $1,320.00 47984 GROUT, TWILA JAN WELLNESS REIM 02/24/2009 JAN-09 $40.00 47986 HENN CTY INFO TECHN JAN -80OMHZ RADIO 02/24/2009 29018800 $32.00 47987 LANDINI, JAMES MILEAGE / CELL REIM 02/24/2009 200902180 $54.45 47987 LANDINI, JAMES MILEAGE / CELL REIM 02/24/2009 200902180 $45.18 47987 LANDINI, JAMES FEB WELLNESS REIM 02/24/2009 FEB-09 $37.40 47988 LEAGUE OF MINNESOTA RON JOHNSON-COST REI 02/24/2009 JOHNSON $500.00 47989 LOCAL LINK MAR WEB LINK SVC 02/24/2009 292146199 $131.80 47990 MALKERSON GILLILAND DEC GEN. MATTERS - RE 02/24/2009 15205 $61.95 47990 MALKERSON GILLILAND DEC GEN. MATTERS - RE 02/24/2009 15205 $1,688.05 47990 MALKERSON GILLILAND DEC PUBLIC IMPROVEME 02/24/2009 15206 $927.50 47990 MALKERSON GILLILAND DEC ADMIN CODE ENFO 02/24/2009 15207 $822.50 47990 MALKERSON GILLILAND DEC LAND USE & DEV AP 02/24/2009 15208 $484.50 47990 MALKERSON GILLILAND DEC XCEL ENG FRAN OR 02/24/2009 15209 $35.00 47990 MALKERSON GILLILAND DEC RONALD JOHNSON 02/24/2009 15210 $2,047.50 47990 MALKERSON GILLILAND DEC MATTHEW PHILLIPI 02/24/2009 15211 $105.00 47990 MALKERSON GILLILAND DEC CITY ATTORNEY TR 02/24/2009 15212 $857.50 47995 METRO SALES, INC. SVC 11/12-2/04/09 02/24/2009 315880 $1,292.52 47996 MIDWEST MAILING SYST MAR NEWSLETTER POST 02/24/2009 MAR-09 $500.00 47997 MN ASSOC. OF GOV'T C MAGC MEMBERSHIP-JULI 02/24/2009 2009 $60.00 47998 NIELSEN, BRADLEY CAMERA & SLUC MEMBE 02/24/2009 200902180 $286.46 I hursday, t ebruary l9, 2009 Page / of . 47998 NIELSEN, BRADLEY CAMERA & SLUC MEMBE 02/24/2009 200902180 $38.00 47999 OFFICE DEPOT GEN SUPPLIES 02/24/2009 462543972 $16.08 47999 OFFICE DEPOT GEN SUPPLIES 02/24/2009 462543972 $98.32 47999 OFFICE DEPOT GEN 02/24/2009 462710671 $36.59 48000 PAZANDAK, JOSEPH MILEAGES 2/2-2/13 02/24/2009 200902180 $102.30 48002 SAM'S CLUB GEN SUPPLIES 02/24/2009 003365 $142.88 48002 SAM'S CLUB GEN SUPPLIES 02/24/2009 003365 $89.37 48003 SO LK MTKA POLICE DE JAN 800 MHZ 02/24/2009 JAN09-RA $14.32 48005 UNUM LIFE INSURANCE MAR-LIFE INS PREM 02/24/2009 0296876- $1,081.33 48006 UPS POSTAGE 02/24/2009 OOOOYFO6 $11.13 48007 XCEL ENERGY 5795 CTRY CLUB RD-APT 02/24/2009 258533473 $20.56 48007 XCEL ENERGY 5795 CTY CLUB RD APT B 02/24/2009 258533655 $59.73 48008 BOYER TRUCK PARTS D MUFFLER 02/24/2009 267970 ($383.01) 48008 BOYER TRUCK PARTS D EXHAUST PARTS 02/24/2009 268502X1 $439.01 48009 CARQUEST AUTO PART SEAL 02/24/2009 86727 $53.76 48009 CARQUEST AUTO PART EXHAUST 02/24/2009 86743 $60.82 48009 CARQUEST AUTO PART ALTERNATOR 02/24/2009 86769 $144.28 48010 G & K SERVICES JAN SVC 02/2412009 JAN-09 $99.64 48010 G & K SERVICES JAN SVC 02/24/2009 JAN-09 $736.54 48011 GRAINGER, INC LAMPS 02/24/2009 981974109 $89.70 48014 MORTON SALT SALT 02/24/2009 781329 $6,511.78 48015 NATIONAL AUTOMATIC PW SPRINKLER INS 02/24/2009 0022079-1 $250.00 48016 WM. MUELLER & SONS, I SAND-SNOW 02/24/2009 JAN-09 $2,334.14 48017 WSB AND ASSOCIATES DEC LK VIRGINIA WOOD 02/24/2009 1459-020- $662.50 48017 WSB AND ASSOCIATES DEC BOWMAN ADDITION 02/24/2009 1459-210- $1,824.00 TOTAL F OR 101 GENERAL FbND $47,569.67 48013 KUSTOM SIGNALS, INC SPEED BREGGY EQPT R 02/24/2009 380662 $9,746.12 TOTAL F OR 403 EQE/IPMENT REPL ACEMENT $9,746.12 47976 COLLABORATIVE DESIG CITY HALL PROJECT-JAN 02/24/2009 090109 $1,953.70 TOT-4L F OR 410 CITY BLDG PROJE CT $1,953.70 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $141.56 47983 GOPHER STATE ONE-CA JAN SVC 02/24/2009 9010825 $74.65 47985 HD SUPPLY WATERWO WATER METER PURCHA 02/24/2009 8556698 $94.79 48001 QWEST FEB SVC 02/24/2009 612E4517 $554.12 48004 SPRINT JAN 19-FEB 12 SVC 02/24/2009 588283312 $86.76 48012 HAWKINS, INC. CHEMICALS WATER 02/24/2009 1272744 R $75.00 TOTAL F OR 601 WATER UTILITY $1,026.88 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $139.20 47983 GOPHER STATE ONE-CA JAN SVC 02/24/2009 9010825 $74.65 47994 METRO COUNCIL ENVM MAR WASTEWATER SVC 02/24/2009 000089142 $48,017.98 48004 SPRINT JAN 19-FEB 12 SVC 02/24/2009 588283312 $86.75 TOTAL F OR 611 SA NITA RYSEWER 111TILITY $48,318.58 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $11.34 47992 MCWD PIPE REPLACE PROJ SV 02/24/2009 NO. 08-33 $25.35 47993 METRO BLOOMS RAIN GARDEN WS- 1/2 V 02/24/2009 FEB2-09 $638.50 48017 WSB AND ASSOCIATES DEC SHWD SURFACE W 02/24/2009 1459-230- $525.00 TOTAL F OR 631 STORMWATER A1A NAGFMENT UTILIT $1,200.19 TOT4 C FIF.,CKS $109,815.14 Thursday, Febiwarp /9, 2009 Page 2 o1 CityofShoreiv- " , foR CLe, # )r.1c Description `hecli Date Invoice # A ml t 47953 TOWER, TERRY 2008 BOOT REIM 02/10/2009 2008 BOO $187.48 TOTAL FOR TOWER, TERRY $'187.48 47966 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRED CO 02/17/2009 02 200902 $1,609.60 47966 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRED CO 02/17/2009 02P20090 $208.88 TOTAL FOR ICAIA RETIRE.,,WENT TRUST-302131-457 $1,818.48 47967 MINN NCPERS GROUP LI MONTHLY- ELECT LIFE INS 02/17/2009 06 200902 $32.00 TOTAL FOR AlTN,,'N, NCPERS GRO[,,P LIFE INS $32.00 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $247.25 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $11.34 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $139.20 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $141.56 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $336.83 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $43.94 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $67.08 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $101.75 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $187.87 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $394.07 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $360.16 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $12.28 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $424.74 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $302.13 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $2,978.61 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $580.76 TOTAL FOR PE, RA $6,329.57 47970 WELLS FARGO HEALTH P/R DEDUCTS-HSA 02/17/2009 16 200902 $305.00 TOTAL FOR WELLS FARGO IIEALTII BENEFIT SVG S $305.00 47971 3RD LAIR SKATEPARK 2009 SKATE DEPOSIT JUN 15 02/24/2009 2009SKAT $300.00 TOTAL FOR 3RD LAIR SKATEPARK $300.00 47972 ADVANCED IMAGING SO MAINT SVC 1/6-2/6/09 02/24/2009 046077 $264.00 TOTAL FOR ADl/ANCED LYI.AGING SOL UTIONS INC $264.00 47973 AFSCME DELTA DENTAL MAR-UNION DENTAL PREM 02/24/2009 MAR-09 $408.00 47973 AFSCME DELTA DENTAL MAR-DENNIS JOHNSON CANC 02/24/2009 MAR-09-C ($51.00) TOTAL FOR AF.SC.-L1E DELTA DENTAL $357.00 47974 ANDERSON, KRISTI B. SHWD PK MTG FEB 4 & 10 02/24/2009 FEB4&10/ $430.00 TOTAL FOR ANDERSON, KRIS TI B. $430.00 47975 CITIES DIGITAL INC. LASERFIE ANNUAL SUPPORT/ 02/24/2009 26476 $5,826.00 TOTAL FOR CITIES DIGITAL INC $5,826.00 47976 COLLABORATIVE DESIG CITY HALL PROJECT-JAN 02/24/2009 090109 $1,953.70 TOTAL FOR COLLABORATII/E DESIGN GROIJP, INC. $1,953.70 47977 COMMUNITY REC RESO FEB MTG 02/24/2009 3-2009 $2,115.00 TOTAL FOR CO.YIIYIUNITYRECRESOtIRCES $2,115.00 47978 CUB FOODS COUNCIL MTG 2/9/09 02/24/2009 FEB9/09 $59.83 TOTAL FOR Ct/B FOODS $59.83 47979 CULLIGAN BOTTLED WA DRINKING WATER 02/24/2009 114099504 $48.94 TOTAL FOR Ct/LLIG,ANBOTTLED WATER $48.94 47980 DELL MARKETING L.P. PATTI/PAM-MONITOR-ULTRAS 02/24/2009 XD424CX $270.19 TOTAL FOR DELL MARAETING L.l'. $270.19 47981 EXCELSIOR ENGRAVING SIGN & COUNCIL AWARD PLA 02/24/2009 1692 $32.07 47981 EXCELSIOR ENGRAVING SIGN & COUNCIL AWARD PLA 02/24/2009 1692 $273.13 1lzrrrmkl v, February 19, 3009 Page I of f TOTAL FOi _ YCELSIOR I G 'A/ IA,G 5305.20 47982 FREEMAN, CHRISTINE A. JUL-DEC 2008 COUNCIL MTG 02/24/2009 CC-JUL-D $3,350.00 47982 FREEMAN, CHRISTINE A. JUL-DEC 2008 PLNG MTG 02/24/2009 PLNG-JUL $1,320.00 TOTAL FOR FREEV,A]`w; CHRI.STLVEA. $4,670.00 47983 GOPHER STATE ONE-CA JAN SVC 02/24/2009 9010825 $74.65 47983 GOPHER STATE ONE-CA JAN SVC 02/24/2009 9010825 $74.65 TOTAL FOR GOPHER STATE OA'E-CAL L, IN $149.30 47984 GROUT, TWILA JAN WELLNESS REIM 02/24/2009 JAN-09 $40.00 TOTAL FOR GROUT, TIT ILA $40.00 47985 HD SUPPLY WATERWO WATER METER PURCHASES 02/24/2009 8556698 $94.79 TOTALFOR HI),SUPPLYTVtTERItORKS,LTD. $94.79 47986 HENN CTY INFO TECHN JAN -80OMHZ RADIO 02/24/2009 29018800 $32.00 TOTAL FOR HLNN CTY INFO TECHNO LOGY DEPT $32.00 47987 LANDINI, JAMES MILEAGE / CELL REIM 02/24/2009 200902180 $54.45 47987 LANDINI, JAMES MILEAGE / CELL REIM 02/24/2009 200902180 $45.18 47987 LANDINI, JAMES FEB WELLNESS REIM 02/24/2009 FEB-09 $37.40 TOTAL FOR LANDINL.IAAIE.S $137.03 47988 LEAGUE OF MINNESOTA RON JOHNSON-COST REIMBU 02/24/2009 JOHNSON $500.00 TOTAL FOR LEAGLE OF YIL" A'ESOTA C'ITIES' $500.00 47989 LOCAL LINK MAR WEB LINK SVC 02/24/2009 292146199 $131.80 TOTAL FOR LOCAL LINIf $131.80 47990 MALKERSON GILLILAND DEC GEN. MATTERS - RETAIN 02/24/2009 15205 $1,688.05 47990 MALKERSON GILLILAND DEC GEN. MATTERS - RETAIN 02/24/2009 15205 $61.95 47990 MALKERSON GILLILAND DEC PUBLIC IMPROVEMENT P 02/24/2009 15206 $927.50 47990 MALKERSON GILLILAND DEC ADMIN CODE ENFORCEM 02/24/2009 15207 $822.50 47990 MALKERSON GILLILAND DEC LAND USE & DEV APPL 02/24/2009 15208 $484.50 47990 MALKERSON GILLILAND DEC XCEL ENG FRAN ORD. 02/24/2009 15209 $35.00 47990 MALKERSON GILLILAND DEC RONALD JOHNSON V. C.H 02/24/2009 15210 $2,047.50 47990 MALKERSON GILLILAND DEC MATTHEW PHILLIPI VS. C. 02/24/2009 15211 $105.00 47990 MALKERSON GILLILAND DEC CITY ATTORNEY TRANS 02/24/2009 15212 $857.50 TOTAL FOR 41ALKF,RSONGILLILf3Nf ALARTINLLP $7,029.50 47992 MCWD PIPE REPLACE PROD SVC 02/24/2009 NO. 08-33 $25.35 TOTAL FOR AICII'I) $25.35 47993 METRO BLOOMS RAIN GARDEN WS 1/2 VALUE 02/24/2009 FE132-09 $638.50 TOTAL FOR AIETRO BLOO.'VIS $638.50 47994 METRO COUNCIL ENVM MAR WASTEWATER SVC 02/24/2009 000089142 $48,017.98 TOTAL FOR AIETRO COL:-'VCIL ENV tIT( TV.AS7'EII'ATER) $48,017.98 47995 METRO SALES, INC. SVC 11/12-2/04/09 02/24/2009 315880 $1,292.52 TOTAL FOR AIETRO SALES, I1VC. $1,292.52 47996 MIDWEST MAILING SYST MAR NEWSLETTER POSTAGE 02/24/2009 MAR-09 $500.00 TOTAL FOR A111)WEST ALAILING SYSTEJYIS IA'C $500.00 47997 MN ASSOC. OF GOV'T C MAGC MEMBERSHIP-JULIE MO 02/24/2009 2009 $60.00 TOTAL. FOR AIN ASSOC: OF GOI"T (704 141th'N"ICATO RS $60.00 47998 NIELSEN, BRADLEY CAMERA & SLUC MEMBERSHI 02/24/2009 200902180 $286.46 47998 NIELSEN, BRADLEY CAMERA & SLUC MEMBERSHI 02/24/2009 200902180 $38.00 TOTAL FOR NIELSEA', BRADLEY $324.46 47999 OFFICE DEPOT GEN SUPPLIES 02/24/2009 462543972 $16.08 47999 OFFICE DEPOT GEN SUPPLIES 02/24/2009 462543972 $98.32 47999 OFFICE DEPOT GEN 02/24/2009 462710671 $36.59 TOTAL FOR OFFICE DEPOT $150.99 48000 PAZANDAK, JOSEPH MILEAGES 2/2-2/13 02/24/2009 200902180 $102.30 TOTAL FOR PAL,AA`DAK, JOSEPH $102.30 Lhurmhg% I-ebruury 19, 2009 Page 2 of 3 ec k # Vendor Name e; tion Check ate t_m,.., # Ainovolt 48001 QWEST FEB SVC 02/24/2009 612E4517 $554.12 TOTAL FOR OWES'T $554.12 48002 SAM'S CLUB GEN SUPPLIES 02/24/2009 003365 $89.37 48002 SAM'S CLUB GEN SUPPLIES 02/24/2009 003365 $142.88 TOTAL FOR SAM'S C'LL- $232.25 48003 SO LK MTKA POLICE DE JAN 800 MHZ 02/24/2009 JAN09-RA $14.32 TOTAL FOR SO LK r11TKA POLICE DEP T $14.32 48004 SPRINT JAN 19-FEB 12 SVC 02/24/2009 588283312 $86.76 48004 SPRINT JAN 19-FEB 12 SVC 02/24/2009 588283312 $86.75 TOTAL FOR SPRINT $173.51 48005 UNUM LIFE INSURANCE MAR-LIFE INS PREM 02/24/2009 0296876- $1,081.33 TOTAL FOR I"NI,"Al LIFE INSLRANCE CO $1,081.33 48006 UPS POSTAGE 02/24/2009 OOOOYFO6 $11.13 TOTAL FOR UP:S $11.13 48007 XCEL ENERGY 5795 CTRY CLUB RD-APT 1 02/24/2009 258533473 $20.56 48007 XCEL ENERGY 5795 CTY CLUB RD APT BASM 02/24/2009 258533655 $59.73 TOTAL FOR XC FL ENERGY $80.29 48008 BOYER TRUCK PARTS D MUFFLER 02/24/2009 267970 ($383.01) 48008 BOYER TRUCK PARTS D EXHAUST PARTS 02/24/2009 268502X1 $439.01 TOTAL FOR BOYER TRUCK PARTS DIS TRIBb"T 10N CTR. 556.00 48009 CARQUEST AUTO PART SEAL 02/24/2009 86727 $53.76 48009 CARQUEST AUTO PART EXHAUST 02/24/2009 86743 $60.82 48009 CARQUEST AUTO PART ALTERNATOR 02/24/2009 86769 $144.28 TOTAL FOR CARQUESTA('7OPARTS $258.86 48010 G & K SERVICES JAN SVC 02/24/2009 JAN-09 $99.64 48010 G & K SERVICES JAN SVC 02/24/2009 JAN-09 $736.54 TOT.9L FOR G & 1( SEW I1CES $836.18 48011 GRAINGER, INC LAMPS 02/24/2009 981974109 $89.70 TOTAL FOR GRAINGER, INC $89.70 48012 HAWKINS, INC. CHEMICALS WATER 02/24/2009 1272744 R $75.00 T()T.AL FOR TIA11 hINS, INC. $75.00 48013 KUSTOM SIGNALS, INC SPEED BREGGY EQPT REPLA 02/24/2009 380662 $9,746.12 TOTAL FOR KUSTO111 SIGNALS, INC $9,746.12 48014 MORTON SALT SALT 02/24/2009 781329 $6,511.78 TOT-}L FOR .1IORTON SALT $6,511.78 48015 NATIONAL AUTOMATIC PW SPRINKLER INS 02/24/2009 0022079-1 $250.00 TOTAL FOR AATIONAL .4 UTO,,,UATIC SPRINKLER CO. $250.00 48016 WM. MUELLER & SONS, I SAND-SNOW 02/24/2009 JAN-09 $2,334.14 TOTAL FOR WVl. 411.7ELLER & SONS, IN $2,334.14 48017 WSB AND ASSOCIATES DEC LK VIRGINIA WOODS 02/24/2009 1459-020- $662.50 48017 WSB AND ASSOCIATES DEC BOWMAN ADDITION 02/24/2009 1459-210- $1,824.00 48017 WSB AND ASSOCIATES DEC SHWD SURFACE WA PLA 02/24/2009 1459-230- $525.00 TOTAL FOR HIS13 A.ND ASSOCIATES $3,011.50 TOTAL CHECKS $109,815.14 Ttrursrday, 1•ebruarl), 19, 2009 Page 3 of 3 W Approval Lisp for 021 Chad # Vendor A~€ me Description heck Date Invoice # Amount 47953 TOWER, TERRY 2008 BOOT REIM 02/10/2009 2008 BOO $187.48 47966 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRE 02/17/2009 02 200902 $1,609.60 47966 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRE 02/17/2009 02P20090 $208.88 47967 MINN NCPERS GROUP LI MONTHLY- ELECT LIFE IN 02/17/2009 06 200902 $32.00 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $394.07 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $336.83 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $43.94 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $67.08 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $101.75 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $580.76 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $247.25 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $360.16 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $12.28 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $424.74 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $302.13 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $2,978.61 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $187.87 47970 WELLS FARGO HEALTH P/R DEDUCTS-HSA 02/17/2009 16 200902 $305.00 47971 3RD LAIR SKATEPARK 2009 SKATE DEPOSIT JU 02/24/2009 2009SKAT $300.00 47972 ADVANCED IMAGING SO MAINT SVC 1/6-2/6/09 02/24/2009 046077 $264.00 47973 AFSCME DELTA DENTAL MAR-UNION DENTAL PRE 02/24/2009 MAR-09 $408.00 47973 AFSCME DELTA DENTAL MAR-DENNIS JOHNSON 02/24/2009 MAR-09-C ($51.00) 47974 ANDERSON, KRISTI B. SHWD PK MTG FEB 4 & 1 02/24/2009 FEB4&10/ $430.00 47975 CITIES DIGITAL INC. LASERFIE ANNUAL SUPP 02/24/2009 26476 $5,826.00 47977 COMMUNITY REC RESO FEB MTG 02/24/2009 3-2009 $2,115.00 47978 CUB FOODS COUNCIL MTG 2/9/09 02/24/2009 FEB9/09 $59.83 47979 CULLIGAN BOTTLED WA DRINKING WATER 02/24/2009 114099504 $48.94 47980 DELL MARKETING L.P. PATTI/PAM-MONITOR-UL 02/24/2009 XD424CX $270.19 47981 EXCELSIOR ENGRAVING SIGN & COUNCIL AWARD 02/24/2009 1692 $32.07 47981 EXCELSIOR ENGRAVING SIGN & COUNCIL AWARD 02/24/2009 1692 $273.13 47982 FREEMAN, CHRISTINE A. JUL-DEC 2008 COUNCIL 02/24/2009 CC-JUL-D $3,350.00 47982 FREEMAN, CHRISTINE A. JUL-DEC 2008 PLNG MTG 02/24/2009 PLNG-JUL $1,320.00 47984 GROUT, TWILA JAN WELLNESS REIM 02/24/2009 JAN-09 $40.00 47986 HENN CTY INFO TECHN JAN -800MHZ RADIO 02/24/2009 29018800 $32.00 47987 LANDINI, JAMES MILEAGE / CELL REIM 02/24/2009 200902180 $54.45 47987 LANDINI, JAMES MILEAGE / CELL REIM 02/24/2009 200902180 $45.18 47987 LANDINI, JAMES FEB WELLNESS REIM 02/24/2009 FEB-09 $37.40 47988 LEAGUE OF MINNESOTA RON JOHNSON-COST REI 02/24/2009 JOHNSON $500.00 47989 LOCAL LINK MAR WEB LINK SVC 02/24/2009 292146199 $131.80 47990 MALKERSON GILLILAND DEC GEN. MATTERS - RE 02/24/2009 15205 $61.95 47990 MALKERSON GILLILAND DEC GEN. MATTERS - RE 02/24/2009 15205 $1,688.05 47990 MALKERSON GILLILAND DEC PUBLIC IMPROVEME 02/24/2009 15206 $927.50 47990 MALKERSON GILLILAND DEC ADMIN CODE ENFO 02/24/2009 15207 $822.50 47990 MALKERSON GILLILAND DEC LAND USE & DEV AP 02/24/2009 15208 $484.50 47990 MALKERSON GILLILAND DEC XCEL ENG FRAN OR 02/24/2009 15209 $35.00 47990 MALKERSON GILLILAND DEC RONALD JOHNSON 02/24/2009 15210 $2,047.50 47990 MALKERSON GILLILAND DEC MATTHEW PHILLIPI 02/24/2009 15211 $105.00 47990 MALKERSON GILLILAND DEC CITY ATTORNEY TR 02/24/2009 15212 $857.50 47995 METRO SALES, INC. SVC 11/12-2/04/09 02/24/2009 315880 $1,292.52 47996 MIDWEST MAILING SYST MAR NEWSLETTER POST 02/24/2009 MAR-09 $500.00 47997 MN ASSOC. OF GOVT C MAGC MEMBERSHIP-JULI 02/24/2009 2009 $60.00 47998 NIELSEN, BRADLEY CAMERA & SLUC MEMBE 02/24/2009 200902180 $286.46 Thursday, l-'ebrucay /9, 2009 Yu„ e 1 oj'2 Cheek P'e,=odor t lame Description Cheek Date In voke # Anif unt 47998 NIELSEN, BRADLEY CAMERA & SLUC MEMBE 02/24/2009 200902180 $38.00 47999 OFFICE DEPOT GEN SUPPLIES 02/24/2009 462543972 $16.08 47999 OFFICE DEPOT GEN SUPPLIES 02/24/2009 462543972 $98.32 47999 OFFICE DEPOT GEN 02/24/2009 462710671 $36.59 48000 PAZANDAK, JOSEPH MILEAGES 2/2-2/13 02/24/2009 200902180 $102.30 48002 SAM'S CLUB GEN SUPPLIES 02/24/2009 003365 $142.88 48002 SAM'S CLUB GEN SUPPLIES 02/24/2009 003365 $89.37 48003 SO LK MTKA POLICE DE JAN 800 MHZ 02/24/2009 JAN09-RA $14.32 48005 UNUM LIFE INSURANCE MAR-LIFE INS PREM 02/24/2009 0296876- $1,081.33 48006 UPS POSTAGE 02/24/2009 OOOOYFO6 $1113 48007 XCEL ENERGY 5795 CTRY CLUB RD-APT 02/24/2009 258533473 $20.56 48007 XCEL ENERGY 5795 CTY CLUB RD APT B 02/24/2009 258533655 $59.73 48008 BOYER TRUCK PARTS D MUFFLER 02/24/2009 267970 ($383.01) 48008 BOYER TRUCK PARTS D EXHAUST PARTS 02/24/2009 268502X1 $439.01 48009 CARQUEST AUTO PART SEAL 02/24/2009 86727 $53.76 48009 CARQUEST AUTO PART EXHAUST 02/24/2009 86743 $60.82 48009 CARQUEST AUTO PART ALTERNATOR 02/24/2009 86769 $144.28 48010 G & K SERVICES JAN SVC 02/24/2009 JAN-09 $99.64 48010 G & K SERVICES JAN SVC 02/24/2009 JAN-09 $736.54 48011 GRAINGER, INC LAMPS 02/24/2009 981974109 $89.70 48014 MORTON SALT SALT 02/24/2009 781329 $6,511.78 48015 NATIONAL AUTOMATIC PW SPRINKLER INS 02/24/2009 0022079-1 $250.00 48016 WM. MUELLER & SONS, I SAND-SNOW 02/24/2009 JAN-09 $2,334.14 48017 WSB AND ASSOCIATES DEC LK VIRGINIA WOOD 02/24/2009 1459-020- $662.50 48017 WSB AND ASSOCIATES DEC BOWMAN ADDITION 02/24/2009 1459-210- $1,824.00 TOTAL FOR 101 GENERAL FUND $47,569.67 48013 KUSTOM SIGNALS, INC SPEED BREGGY EQPT R 02/24/2009 380662 $9,746.12 TOTAL FOR 403 EQI..,'IPIVIEN'TREI'LA Cf--ME 'T $9,746.12 47976 COLLABORATIVE DESIG CITY HALL PROJECT-JAN 02/24/2009 090109 $1,953.70 TOTAL FOR 410 CITY BLDG PROJECT $1,953.70 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $141.56 47983 GOPHER STATE ONE-CA JAN SVC 02/24/2009 9010825 $74.65 47985 HD SUPPLY WATERWO WATER METER PURCHA 02/24/2009 8556698 $94.79 48001 QWEST FEB SVC 02/24/2009 612E4517 $554.12 48004 SPRINT JAN 19-FEB 12 SVC 02/24/2009 588283312 $86.76 48012 HAWKINS, INC. CHEMICALS WATER 02/24/2009 1272744 R $75.00 TOTAL FOR 601 WATER LiTILITY $1,026.88 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $139.20 47983 GOPHER STATE ONE-CA JAN SVC 02/24/2009 9010825 $74.65 47994 METRO COUNCIL ENVM MAR WASTEWATER SVC 02/24/2009 000089142 $48,017.98 48004 SPRINT JAN 19-FEB 12 SVC 02/24/2009 588283312 $86.75 TOTAL FOR 611 SA NITA R YSEWER UTILITY $48,318.58 47968 PERA P/R DEDUCTS-PERA 02/17/2009 P 200902 $11.34 47992 MCWD PIPE REPLACE PROJ SV 02/24/2009 NO. 08-33 $25.35 47993 METRO BLOOMS RAIN GARDEN WS- 1/2 V 02/24/2009 FE132-09 $638.50 48017 WSB AND ASSOCIATES DEC SHWD SURFACE W 02/24/2009 1459-230- $525.00 TOTAL FOR 631 STORM PVATER;tI.AAAGF_rLiENT UTILIT $1,200.19 TOTAL CHECKS $109,815.14 Thursday, February 19, 2009 Page 2 of 2 1205 NORTHLAND SECURITIE CONTINUING DISCLOSURE RE 02/24/2009 1857 $500.00 1205 NORTHLAND SECURITIE CONTINUING DISCLOSURE RE 02/24/2009 1857 $500.00 1205 NORTHLAND SECURITIE CONTINUING DISCLOSURE RE 02/24/2009 1958 $1,000.00 1205 NORTHLAND SECURITIE CONTINUING DISCLOSURE RE 02/24/2009 1958 $1,000.00 TOT41, FOR NORTHLAND SEC LIRMP S, INC 53,000.00 TOTAT, CHECKS $3,000.00 Thursdi,{V, February 19, 2009 Page t aJ 1 PAYROLL APPROVALS For 02/23/2009 Council Meeting Prepared by. Date: g Michelle T. Nguyen; `Sr. Accounting Clerk Reviewed by A - v Date: c~2 t Bonnie Burton, France Director F 1 p Approved by: - , e`; City Administrator Date: ~v~>. ---,ro ister 0, 0211,911 Check Last .,Vame First Name All CheckAnif Check Date 47954 BAILEY JEFFERY V $0.00 02/17/2009 47955 BARNES CHET D $74.81 02/17/2009 999999 BROWN LAWRENCE A $2,592.89 02/17/2009 999999 BURTON BONNIE M $2,569.84 02/17/2009 999999 DAVIS CHARLES S $1,226.06 02/17/2009 47956 DAVITCH JOSHUA R $184.24 02/17/2009 999999 DENNEN PATRICIA L $1,327.47 02/17/2009 47957 GIESEN JON L $137.25 02/1712009 999999 GROUT TWILA R $1,544.59 02/17/2009 999999 HECK BRIAN W $2,569.34 02/17/2009 47958 HELGESEN PATRICIA R $1,452.39 02/17/2009 999999 HELLING PAMELA J $1,274.15 02/17/2009 47959 KIRSCHT ADAM J $299.70 02/17/2009 999999 LANDINI JAMES A $1,444.29 02/17/2009 47960 LAUGHLIN JEREMIAH C $214.23 02/17/2009 999999 LIZEE CHRISTINE G $277.05 02/17/2009 999999 LUGOWSKI JOSEPH P $1,388.70 02/17/2009 999999 MASON BRADLEY J $1,438.44 02/17/2009 47961 MCDONALD JUSTIN M $85.42 02/17/2009 999999 MOORE JULIE K $997.31 02/17/2009 999999 NGUYEN MICHELLE T $1,729.96 02/17/2009 999999 NIELSEN BRADLEY J $1,899.99 02/17/2009 999999 PANCHYSITYN JEAN M $1,974.45 02/17/2009 999999 PAZANDAK JOSEPH E $1,821.67 02/17/2009 47962 POUNDER CHRISTOPHER J $1,565.90 02/17/2009 47963 PRICCO NICHOLAS R $38.45 02/17/2009 999999 RADCLIFFE-KAPUS MICHAEL L $144.76 02/17/2009 999999 RANDALL DANIEL J $1,819.03 02/17/2009 999999 STARK BRUCE H $1,278.86 02/17/2009 999999 TOWER TERRY R $1,313.02 02/17/2009 47964 TUMA BRYCE P $264.65 02/17/2009 999999 TURGEON LAURA $230.87 02/17/2009 47965 WALSH TYLER R $299.30 02/17/2009 999999 WHETSTON JOAN M $126.98 02/17/2009 999999 WOODRUFF RICHARD F $230.87 02/17/2009 999999 ZERBY MICHAEL S $230.87 02/17/2009 Total gf'Checks $36,067.80 Tlrrrrsfhg, February 19, 2009 page 1 of 1 'X7 V ,fj . yam. m m m~ ( 5755 COUNTRY CLUB ROAD ® SHOREWOOD, MINIViESOTA 55331-8927 o (952) 4743236 FAX (952) 474-0128 m www.ci.shorewood.mn.us - cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 19 February 2009 RE: Appeal Notice to Remove - Stubbe, Nancy and James FILE NO. Property (5750 Covington Road) In response to a Notice to Remove (see Exhibit A) sent to the owners of the above- referenced property, James and Nancy Stubbe have asked for an extension of the deadline to correct items in violation of City Code (see Exhibit B). According to their e-mail, they were out of town when the notice arrived and would like additional time to comply. Staff recommends that the appellants be given until the end of February to either remove the offending items or properly license them. cc: Brian Heck Mary Tietjen Joe Pazandak James and Nancy Stubbs % PRINTED ON RECYCLED PAPER #3 B r i = - SJL'-. 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 a (952) 474-3236 FAX (952) 474-0128 > www.ci.shorewood.mn.us - dtyhall@ci.shorewood.mn.us 6 February 2009 James and Nancy Stubbe 2315 Lost Lake Court Mound, MN 55364 Re: Zoning Violations - 5750 Covington Road P.I.N. 36-117-23-13-0010 Mr. and Mrs. Stubbe: Our office has received complaints alleging that certain City Code violations exist on property you own at the above-referenced address. Upon inspection of the premises, the following violations of Shorewood's Zoning Code were found: • Jet-Sld on Trailer, License No. MN 1305JX (`07) - off-site registration • Boat on Trailer, License No. MN 3104HX ('06) - off-site registration • Trailer, License not visible The parking or storage of vehicles and equipment on property in residential zoning districts is an accessory use intended solely for utilization by persons residing upon the premises. The storage area must comply with the building setbacks on the property as well. Other restrictions may also apply. This is to advise you that the above-referenced violations must be corrected by updating the registrations, or removing them from the site by 18 February 2009, after which your property will be reinspected for compliance. Failure to comply will result in the matter being turned over to the City Attorney for further legal action. If you wish to appeal this order to the City Council, you must do so in writing, by 18 February 2009.. Your appeal must state why you can not or will not correct the violations, or if you request additional time for compliance, how much time. Your written appeal will stop further action until such time as the City Council has considered the matter. k~~~ PRINTED ON RECYCLED PAPER Page 1 of 2 From: Pat Dennen Sent: Tuesday, February 17, 2009 2:40 PM To: Brad Nielsen (bnielsen@ci.shorewood.mn.us) Subject: FW: Feb. 6, Correspondance From: Jim Stubbe [mailto:jstubbe@stubbe.com] Sent: Tuesday, February 17, 2009 1:55 PM To: Pat Dennen Subject: RE: Feb. 6, Correspondance It should go to Brad Neilsen. Jim Stubbe Vice President 500 478 8223 PRIVACY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient (s) and may contain business confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If this e-mail was not intended for you, please notify the sender by reply e-mail that you received this in error. Destroy all copies of the original message and attachments. From: Pat Dennen [mailto:pdennen@ci.shorewood.mn.us] Sent: Tuesday, February 17, 2009 1:38 PM To: Jim Stubbe Subject: RE: Feb. 6, Correspondance Mr. Stubbe, Your email was received here at the City of Shorewood, but it came to our generic city hall address. From the message I can't tell who I should forward it to. The correspondence that you mention in the email was from whom? Thank you, Pat Dennen From: Jim Stubbe [mailto:jstubbe@stubbe.com] Sent: Tuesday, February 17, 2009 1:27 PM To: CityHall Cc: Mark@HomeRenta[Systems.com Subject: Feb. 6, Correspondance This is to follow up on the earlier conversation you had with my wife, Nicky Stubbe. We were traveling for business the entire week of February 9th with our mail on "hold" status. We received your correspondence today February 17, 2009 and will work with you to get this matter resolved. However, we would request that the timeline be extended from February 18 until February 27, 2009 since one day is simply not enough time to accomplish this resolution. Sincerely, 2/19/2009 i e 5755 COUNTRY CLUB _ LOAD- SF. _flE1_ !OOD, MINNESOTA 55331-8927 - (952) 474-3236 FAX (952) 474-0128 s vjww.ci.shorewood.mn.us m cityhail@cl.shorewood.mn.us MEMORANDUM DATE: February 19, 2009 TO: Mayor and Council Members FROM: Jean Panchyshyn, Deputy Clerk CC: Brian Heck, City Administrator RE: Recognition of Volunteer Service Four individuals will be recognized for their service to the City on the Park and Planning Commissions, and the Lake Minnetonka Conservation District (LMCD) Board. All volunteers were notified and invited to attend the Council meeting. Mr. Hensley sends his regrets that he is not able to attend the meeting. Appreciation of Service plaques will be presented to each volunteer. For those volunteers not able to attend, recognition will be made and the award plaque will be mailed to the individual. The individuals being recognized on the following Commissions and Board include: Park Commission: Robert Hensley (October 2005-February 2009) for over 3 years of service Howard Young (February 2000 - February 2009) for 9 years of service Planning Commission: Bruce Gniffke (May 2004 - February 2009) for 5 years of service Lake Minnetonka Conservation District Board Richard Siakel (February 2008 - January 2009) 1 year of service # 5A ,F% PRINTED ON RECYCLED PAPER STAFF MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: February 19, 2009 SUBJECT: The City of Shorewood participates in formal joint powers organizations and a few less formal partnerships with our surrounding communities. Attached is a brief memorandum from City Attorney Mary Tietjen outlining and explaining the role of the City as part of a joint powers organization. The memorandum also addresses some specific issues relating to the Joint Powers Agreement that created the South Lake Minnetonka Police Department. The intent is to provide general information to the council on their obligations and responsibilities and to answer any additional questions the Council may have regarding our cooperative ventures. Kennedy Graven CHARTERED To: Shorewood City Council Brian Heck, Administrator From: Mary Tietj en, city attorney Date: February 19, 2009 Re: Joint Powers Entities MEMORANDUM Introduction. The purpose of this memorandum is to provide you with a brief summary of the legal authority and powers of a joint powers entity. I will also highlight the powers and duties of the governing board and the individual members of the Joint Powers Agreement ("JPA") between the cities of Shorewood, Excelsior, Greenwood, and Tonka Bay for police services. Joint Powers Entities. Under Minnesota Statutes, section 471.59, cities can enter into intergovernmental agreements with other governmental entities, such as other cities, towns, or special districts. Establishment of a true "joint powers organization" creates a separate legal entity run by a governing board that has certain distinct powers and obligations governed by an agreement between the parties.' The joint powers entity "may jointly or cooperatively exercise any power common to the contracting parties or any similar powers Minn. Stat. § 471.59, subd. 1. A joint powers entity is governed by a board having the power to own property, receive and expend funds, enter into contracts, hire employees, and sue or be sued. The board acts as an independent governing body (much like a city council) and consists of representatives from the individual members of the joint powers entity. The board has decision making power for the entity, in accordance with the terms of the joint powers agreement. Any powers or obligations of the individual members of the joint powers entity are also governed by the terms of the agreement. There are also unique rules related to liability issues and insurance coverage for joint powers entities. Under recent amendments to section 471.59, an individual governmental unit in a joint Mary D. Tietien 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9277 telephone (612) 337-9310 fax mtietien@kennedy-graven.com http://www.ketinedNi-gt--,iven.corii A joint powers agreement may also take the form of a "mutual aid agreement" or a "service contract" where one governmental unit is purchasing services from another governmental unit. These types of agreements, however, don't typically involve the establishment of a governing board which is unique to a joint powers entity. powers entity is liable for the acts or omissions of another participating governmental unit only if it has agreed to that in writing. Minn. Stat. § 471.59, subd. la(a). The statute was also amended so that for purposes of determining liability for damages, the individual governmental units in a joint powers entity and the joint board are considered a single governmental unit. Their total liability "shall not exceed the limits on governmental liability for a single governmental unit" under Minn. Stat. § 466.04, subd. 1.2 Minn. Stat. § 471.59, subd. la(b). Thus, joint powers entities typically have (or should have) their own liability insurance coverage that applies to claims arising from the activities authorized in the joint powers agreement. JPA for Police Protection between Shorewood, Excelsior, Greenwood and Tonka Bay. Effective January 1, 1998, the above-named cities entered into a JPA for the provision of police services. The JPA establishes a "Coordinating Committee" as the governing body of the joint powers entity. The Committee consists of members from the participating cities and its powers and duties are set forth in the JPA. Certain powers of the Committee are mandatory and others are discretionary. Under the JPA, the Committee shall: 1) establish qualifications and duties for the chief of police; 2) hire and determine conditions of employment for the chief of police; 3) provide office space, equipment and supplies for law enforcement; 4) approve the employment of others to assist the chief, 5) make a financial accounting and report to the cities twice a year; 6) appoint officers for the Committee; 7) supervise law enforcement standards; and 8) approve the recommendation of the chief of police to terminate or discipline police employees. Under the JPA, the Committee may: 1) accumulate and invest funds; 2) collect monies from the cities, subject to the terms of the JPA; 3) recommend changes to the JPA, only upon agreement of the city councils for all cities; The individual member cities also have certain rights and obligations under the JPA. Under the JPA, the cities: 1) have an equal voice in the affairs of the Committee via its representative on the Board; 2) may fill a vacancy on the Committee if its position on the Board is vacant; 3) make an annual contribution and have a role in determining the budget for police protection; and 4) may give direction to the chief of police, upon his request, on matters arising in the jurisdiction of any particular council. z A city can still be separately liable for its own independent acts unrelated to the actions of the joint powers entity. 2 Amendments to the JPA 1. First Amendment - in February 2000, the JPA was amended to change the name of the police force from the "South Lake Minnetonka Public Safety Department" to the "South Lake Minnetonka Police Department." 2. Second Amendment - in December 2000, the JPA was amended to eliminate the "demand formula" for purposes of determining the parties' contribution to the police budget. The amendment sets the portion of each city's budget as a fixed percentage instead. 3. Third Amendment - in February 2002, the JPA was amended to include the definition "Ad Valorem basis" which means that each party pays a share of the expenses equal to its percentage of their total property tax capacity. This amendment provides that "all expenses relating to the planning, financing, and construction of a new police station facility for the SLMPD shall be paid annually on an ad valorem basis." In the event long-term financing for the police facility is received, the term of the JPA is set to continue through December 31 of the year that financing is retired and no party may withdraw from the JPA prior to that date. Finally, this amendment outlines the transfer of ownership of the facility to the Committee or if the JPA has expired or is terminated, the ownership will transfer either to the Committee's successor or to the individual cities in proportion to their contributions toward the facility. 4. Fourth Amendment - in 2006, the JPA was amended pursuant to the terms of a binding arbitration order that was issued to resolve a dispute between the parties regarding budget issues. The Fourth Amendment changed the JPA mainly in three ways: a) it set the term of the JPA to continue through December 31, 2023, and established specific terms for withdrawal from the JPA; b) it added a section requiring the parties to follow a certain dispute resolution process; and c) it deleted previous provisions in the JPA related to budgeting and replaced those with a new process for determining the parties' contributions and the budget approval process. The Amendment provides that effective January 1, 2007, the annual dollar contribution of each of the cities toward the operating budget shall be determined by applying the allocation resulting from the arbitration proceeding. For Shorewood, that allocation is 50%. (Shorewood's annual dollar contribution is determined by multiplying the approved operating budget by 50%.) The annual operating budget must be determined by unanimous agreement of the cities. If the cities do not unanimously agree on the operating budget by September 1 of each year, the budget is determined by taking the previous year's budget and increasing it by the lesser of two items: the increase in the July Minneapolis/St. Paul Consumer Price Index for All Urban Consumers (CPI-U) over the previous 12-month period; or the percentage increase in the most restrictive statutory levy limit applicable to the budget year placed on any of the cities over the levy limit for that city for the prior year. If either of the above decreases, the budget will remain the same. 3 a , 5755 COUEd RY C LU ROY ',D I ,C?F ~`tiv D, MINNESOTA 55331-8927 (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mmus - cityha11@ci.shorewood.mn.us To: Mayor and City Council Brian Heck, City Administrator From: Twila Grout - Park Secretary Kristi Anderson - CRR Date: February 18, 2009 Re: Accept Quote for Eddy Station Facility Maintenance Attached is the quote tabulation for the Eddy Station facility maintenance. At the Park Commission meeting of February 10, 2009 the Park Commission recommended approval of the contract for Koehnen Painting in the amount of $5,560. The maintenance for the exterior of Eddy Station includes: • Power washing and cleaning outside surfaces of the building • Stripping structure including siding, trim, eaves and doors • Re-painting/staining trim, doors, eaves and siding • Resealing all surfaces mentioned above • Providing one gallon of additional top coat for owner touch up in sealed container The Park Commission at its August 12, 2008 park meeting made a motion to move this project from the 2010 CIP to 2009 CIP. The CIP has $3,000 budgeted for this project and funding is also available from the park reserves. The park reserves would be able to cover the difference between the quote and CIP, which is $2,560. Recommendation Staff recommends approval of a motion that accepts the proposal provided by Koehnen Painting for $5,560 for the Eddy Station Facility Maintenance. PRINTED ON RECYCLED PAPER City of Shorewood cote Tabulation d Station Rehab City Project No. P®01 Quotes Opened: February 3, 2009, 11:00 A. M. City of Shorewood Park Coordinator: Kristi Anderson No l Quoter Quote 1 Koehnen Painting $ 5,560.00 2 Steven Sampson Painters, Inc. $ 6,870.00 3 Eclipe Painting no submittal 4 Lakeside Painting no submittal 5 6 7 8 9 10 11 12 13 14 15 _ C-'" OF V 5755 COUNTRY CLUB ROAD © SHOREWOOD, (MINNESOTA 55331-8927 0 (952) 474-3236 FAX (952) 474-0128 a www.ci.shorewood.mn.us © cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landini, City Engineer DATE: February 18, 2009 RE: Adopting a Resolution seeking statutory authority to implement a street improvement district. The City of Shorewood has many streets that are in need of assistance. The League of MN Cities (LMC) has lobbied the MN State Legislation in the creation of street improvement districts state wide. This state wide lobbying effort has met resistance fi-om 15 other organizations. The LMC is now seeking individual cities willing to make a case for special legislation requesting the street improvement authority. The LMC will assist interested cities in requesting the bill draft and hearings, and with working with key legislators. Staff prepared a revised Resolution seeking statutory authority to implement a street improvement district and that Resolution is attached for your consideration. Also attached is a revised letter to Shorewood's elected Legislators requesting them to author the bill to obtain this authority. If the Legislation grants the City of Shorewood the authority to create a street improvement district it would be one more tool that could be used to fund the street improvement program. There are no guarantees that the Legislation will grant this authority, but we have to take the first step to obtain this financial tool to maintain the local streets. Recommendation Staff recommends approval of the revised Resolution and direction to staff to submit the revised letter and revised Resolution to Shorewood's elected Legislators. ,'ly©a PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD SOLUTION NO. 09- RESOLUTION QUESTING AUTHORITY TO ESTABLISH A MUNICIPAL STREET IMPROVEMENT DISTRICT WHEREAS, residents and businesses benefit from a sound, efficient and adequately funded transportation system that offers diverse modes of travel; and WHEREAS, under-investment in transportation infrastructure diminishes quality of life for Minnesota residents and hinders Minnesota's progress as a national business, economic and civic leader; and WHEREAS, the integrity of the City of Shorewood's transportation infrastructure is dependent upon long-term planning and ongoing maintenance, both of which require dedicated and sustainable revenue sources; and WHEREAS, existing finding mechanisms for local roads, such as special assessnnents, bonding and municipal state aid, have limited applications; and WHEREAS, the City of Shorewood does not have a stable funding stream for roads to keep pace with growing costs and changing needs; and WHEREAS, the cost of maintaining and repairing city streets increases by as much as six tinges when maintenance is deferred; and WHEREAS, transportation infrastructure maintenance and improvement costs can significantly contribute to rising property taxes; and WHEREAS, authority to establish a street improvement district would provide the City of Shorewood with an additional toot for funding transportation infrastructure maintenance and reconstruction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Shorewood that this council believes creation of a street improvement district would allow for preservation of the city's transportation infrastructure assets; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF Shorewood that this council requests that the Minnesota Legislature provide authority for the City of Shorewood to create a street improvement district; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF Shorewood that this Council requests that Governor Tim Pawlenty allow legislation providing authority for the City of Shorewood to create a street improvement district to become law. ADOPTED by the Shorewood City Council on February 23, 2009. Christine Liz6e, Mayor ATTEST: Brian Reek, City Administrator/Cleric ~ r J ~ r 02/23/09 _ CITY R E v v 1-11 5755 COUNTRY CLUB ROAD e SHOREWOOD, MINNESOTA 55331-8927 0 (952) 474-3236 FAX (952) 474-0128 - www.d.shorewood.mn.us ® cityhall@ci.shorewood.mn.us Senator Gen Olson 100 Rev. Dr. Martin Luther King Jr. Blvd. State Office Building, Roon.1 119 St. Paul, MN 55155 Representative Connie Doepke 215 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 Dear Senator Gen Olson and Representative Connie Doepke, The Shorewood City Council recently adopted the attached resolution seeking statutory authority to implement a street improvement district. On behalf of the City of Shorewood, I am writing to request that you author a bill that would provide this authority for the City of Shorewood. Street improvement district authority would allow the city to collect fees from property owners within a district to find municipal street maintenance, reconstruction and facility upgrades. Per the attached bill draft, before establishing a street improvement district, the city would be required to adopt a street improvement plan that identifies and estimates the costs of proposed maintenance and upgrades for the following five years. Fees would then be apportioned to all parcels located in the street improvement district on a unifonzl basis within each classification of real. estate. Fees collected could only be spent within the district and on projects identified in the street improvement plan. According to the League of Minnesota Cities, which supports this effort, this authority would providc a funding mechanism that is both affordable and fair to property owners. It requires a relationship between who pays fees and where projects occur, but stops short of the benefit test that sometimes makes special assessments vulnerable to legal challenges. It also would not prohibit the city from collecting fees from tax exempt properties within a district. The council believes implementation of a street improvement district would allow the city to spread the cost of projects over more properties and over a longer period of time. This tool is transparent in that fees collected within a street improvement district would be collected and %.1b PRINTED ON RECYCLED PAPER used for a specific purpose. This tool would also allow the city to perform maintenance and reconstruction on schedule. Timely maintenance is essential to preserving streets and thereby protecting taxpayer investments. Given the current economy, this preservation is more important than ever. Please let me know if you would be willing to assist by carrying this legislation. In the meantime, if you have additional questions about street improvement district authority legislation, please contact Anne Firin with the League of Minnesota Cities at afinn:yjme.oj- (651) 281-1263, or (800) 925-1122. Thank you for your consideration of this request. Sincerely, Attaclunents: Resolution and bill draft Cc: Brian Strub, League of Minnesota Cities 5755 COUNTRY CLUB ROAD - SHOREWOOD, L.PNNBSOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 ® www.ci.shorewood.mn.us ® cifyhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: Larry Brown, Director of Public Works James Landini, City Engineer DATE: February 19, 2009 RE: Authorize the creation of an Engineering Services Pool of Consultants Staff seeks to create a pool of qualified Engineering Services consultants to draw upon to implement the Capital Improvement Program. Attached is an advertisement requesting statements of qualification for the creation of an Engineering Services Pool of Consultants. Please review and provide comment to then publish on the League of MN Cities website and in the local City newspaper. The tentative schedule set for statements of qualifications are as follows: Council approval - February 23, 2009 League of MN Cities Website advertisement March 4 - 18, 2009 Local paper advertisement March 5, 12, 2009 Statement qualifications submittal deadline at City Hall - 10 a.m. March 18, 2009. Select Consultant Pool - March 23, 2009 Recommendation Staff recommends Council direct Staff to collect Statement of Qualifications to create a pool of Engineering Service Consultants. ip, : PRINTED ON RECYCLED PAPER I a _J e 5755 COUNTRY CLUB ROAD ~ SHOREWOOD, MIN', 'ESOTA 55331-8927 - (952) 474-3238 FAX (952) 474-0128 ® www.d.shorewood.mn.us - Cdyhali@d.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landim, City Engineer DATE: February 19, 2009 SUBJECT: Survey Response for the proposed 2009 Street Reconstruction Project Staff conducted a Public Information Meeting on January 27, 2009 and collected survey information on the proposed 2009 Street Reconstruction Project for Harding and Smithtown Lane. 15 out of 26 property owners completed the survey. Attached are the results from the survey for your use. 80% of the residents do not want the road reconstructed, 60% do not warit municipal water service. The residents expressed concerns on assessments for water maul in the present economic atmosphere. The next step would be to direct staff to obtain the Right-of-Way required for Smithtown Lane Cul-de-Sac, procure a survey and begin the feasibility study. Another option would be to skip Smithtown and Harding Lane and proceed to Meadowview Road and Nelsine Drive to hold a Public Information Meeting. How would Council like to proceed? COUNCIL ACTION Staff recommends Council direct Staff to obtain Right-of-Way on Smithtown Lane, procure a survey and begin the feasibility study for Harding and Smithtown Lane or move on to the proposed Meadowview Road and Nelsine Drive road project for 2010. f 411, PRINTED ON RECYCLED PAPER CITY OF ,,,-iOREWOOD 5755 COUNTRY CLUB ROAD ® SHOREWOOD, MINNESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 - www.d.shorewood.mn.us ® cityhall@d.shorewood.mmus NOTICE OF PUBLIC INFORMATION MEETING CONSIDERATION OF ROAD CONSTRUCTION OF HARDING LANE AND SMITHTOWN LANE WHEN: Tuesday, January 27, 2009 WHERE: South Shore Community Center 5735 Country Club Road Shorewood, MN 55331 TIME: 7:00 p.m - 8:30p.m. The City of Shorewood invites you to an information meeting to discuss the potential road reconstruction project of Harding Lane and Smithtown Lane. Items for discussion include: installation of edge control, drainage improvements, water main and general roadway rehabilitation. Educational exhibits will be displayed to show the City's standard street cross section (width, depth, foundation, etc.), the condition of the road as evaluated by the PASER system, watermain extension, the petition process, generic road aligmnent, potential construction impacts, and where we are in the reconstruction process. If you are unable to attend this meeting, please feel free to send any questions, comments or concerns to the city by one of the following means: The Shoreline (24 hour messaging system) 952-474-3236, Extension 1 E-mail: jlandini@c ci.shorewood.nm.us Fax: 952-474-0128 US Mail: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 We look forward to your attendance -Adis meeting! PRINTED ON RECYCLED PAPER SurveyMonkey - Survey Results http://www.surveymonkey.com/MySLirvey_Responses.aspx?sm=RHOI... 4, a iv . -1) M You have a basic account. To remove the limits of a basic account, including unlimited cluestions survey ti;lu: Harding Lane and Smithtown Lane Street design survey collect responses analyze results Reconstruction i:u;L 7.rie View Summary current_ repot: 7t:~faujtRepoIt Add Report Browse Responses Response Summary Total Started Survey: 15 Filter Responses Total Completed Survey: 15 (100%) Crosstab Responses Page: Default Section Download Responses i Share Responses 1. Would you like your road reconstructed in 2009? Response Response Percent Count i Yes - 20.0% 3 No 80.0% 12 answered question 15 skipped question 0 2. City Watermain Extension To insure the integrity of the roadways within Shorewood, the City Council directed Staff to survey residents along any roadway project with regard to the installation of city water. Are you interested in the City of Shorewood installing city water along with the roadway reconstruction? Response Response Percent Count No. Not interested in city water L service. Yes. Please include city water service in the roadway reconsiruction project. i of 3 Neutral. Please explore watermain I extension costs, inform me, and then I 60.0% 9 6.7% l 33.3% 5 answered question 15 skipped question 0 I 2/19/2009 10:25 AM SurveyMonkey m Survey Results http://www.survcvmonkey.com/MySurvey_Responses.aslDx?sm=RHOI... VV 0 g C" n iai:atio,. of ci:v water. Am vow :n-e;es'Lo he ,pjit h the roadway econstruction? I decide. Response Response Percent Count Yes. _ 40.0% 6 I' No. 60.0% 9 answered question 15 skipped question 0 5. Would you like the street posted no parking? (This would be a requirement of any street less than 24 feet in width) 4. Is on-street parking desirable? 15 0 Response Response Percent Count Yes - 20.0% 3 No 46.7% 7 V ievd Other (please specify) 33.3% 5 answered question 15 i skipped question 0 answered question skipped question 3. Street width: Shorewood City Standard street width is 24 feet wide plus edge control. An example of this standard is Wedgewood Drive. Do you want a 24 feet wide street plus edge control? Yes. Response Response Percent Count 20.0% 3 answered question 15 I' skipped question 0 2 of 3 2/19/2009 10:25 AM SurveyMonkey e Survey Results http://www.surveymonIcey. com/MySurvey_Responses.aspx?sm=RliOlL.. % answered question 45 skipped question 0 o. Please pro vide your contact information. Response Response Percent Count vieVi flan e: 100.0% 15 Address: 100.0% 15 view City/Town 93.3`% 14 ' State: _ 100.0% 15 e , ZIP/Postal Code: 100.0% 15 View Email Address 60.0% 9' viaw Phone Number: 53.3% o answered question ' 15 I i skipped question 0 3 of3 2/19/2009 10:25 AM CITY OF SH0REWC~__".,.___-'.'1 5755 COUNTRY CLUB ROAD ® SHOREWOOD, MINNESOTA 55331-8927 - (952) 474-3236 FAX (952) 474-0128 m www.ci.shorewood.mn.us a cityhall@ci.shorewood.mn.us February 2, 2009 Dear Resident: The City of Shorewood held a Public Information Meeting about the 2009 Proposed Street Reconstruction of Harding Lane and Smithtown Lane on Jan 27, 2009. The sign-in sheet indicated you did not attend. Enclosed are printouts of the presentation and a copy of the Survey. Please take the time to fill out the survey on paper and return to City Hall by Feb 17, 2009 or fill out the survey online at http://www.surveymonkey.com/s.aspx?sm=m'ARm3eMiBMdPS 2ff5lUv 2fQ 3d 3d. I can also email you the online survey link if you email me jlandini@ci.shorewood.mn.us • Fill out the attached survey or online survey and mail to or drop it off at Shorewood City Hall, 5755 Country Club Road, by Feb 17, 2009. • E-mail comments to jlandini 2ci.shorewood.mn.us • Leave a voice mail comment on the 24-hour Shoreline at (952) 474-3236, Ext. 1. Again, your comments are vital to the project. We look forward to hearing from you. If you have any questions, please call City Hall at (952) 474-3236. a ®a4 PRINTED ON RECYCLED PAPER * I. Would you like your road reconstructed in 2009? Yes r No 2. City Watermain Extension To insure the integrity of the roadways within Shorewood, the City Council ."r `-1Staff to survey residents along any roadway project with regard to the insLcm, Un of city water. Are you interested in the City of Shorewood installing city water along with the roadway reconstruction? No. Not interested in city ,1171 water service. Yes. Please include city water service in the roadway reconstruction project. Neutral. Please e l-,l >re watermain extension costs, inform me, and then I will decide. * 3. Street width: Shorewood City Standard street width is 24 feet wide plus edge control. An example of this standard is Wedgewood Drive. ®o you want a 24 feett wide street plus edge control? Yes Other (please specify) 4. Is on-street parking desirable? Yes. No No. 5. Would you like the street posted no parking? (This would be a requirement of any street less than 24 feet in width) Yes. F No. * 6. Please provide your contact information. Name: - 1 Address: City/Town: State: select state 1 l9(,/9AnQ d- 1 Q G R MICHELS & S MICHELS J M HICKS & N M HICKS SCOTT M BARTLETT ET AL 5565 HA ING LN NICOLE M HICKS MARCI R HOLLEY-BARTLETT 5570 HA ING LA 5565 HA ING LA 5590 HA ING LA SHO WOOD , 55331 SHO WOOD , 55331 SHO WOOD , 55331 G LEVACK & R E ARWIDSON 5610 HARDING LA 5610 HARDING LA SHOREWOOD, MN 55331 M J NICKLOW & C M NICKLOW 5585 HARDING LA 5585 HARDING LA SHOREWOOD, MN 55331 WM SPECIALTY TGE LLC 7105 CORPORATE DR PTX-C-35 5615 HARDING LA SHOREWOOD, MN 55331 R D PETERSON JR/L M PETERSON 5630 HARDING LA 5630 HARDING LA SHOREWOOD, MN 55331 M E LUREEN & J E LUREEN 5655 HARDING LA 5655 HARDING LA SHOREWOOD, MN 55331 T A & J A DAHLBERG 25270 SMITHTOWN RD 5683 HARDING LA SHOREWOOD, MN 55331 L & M AAGAARD 5640 HARDING AVE 5640 HARDING AVE SHOREWOOD, MN 55331 R S & J M WHETSTON 26040 SMITHTOWN RD 26040 SMITHTOWN RD SHOREWOOD, MN 55331 R KERWICK & S KERWICK 26005 SMITHTOWN RD 26005 SMITHTOWN RD SHOREWOOD, MN 55331 J D ELDER & M A ELDER 26115 SMITHTOWN LANE 26115 SMITHTOWN LA SHOREWOOD, MN 55331 TOM E SCHMID 26245 SMITHTOWN RD 26245 SMITHTOWN RD SHOREWOOD, MN 55331 PATRICIA GRACE BROWN 5635 HARDING LA 5635 HARDING LA SHOREWOOD, MN 55331 G G TEIGEN & P A TEIGEN 5675 HARDING LA 5675 HARDING LA SHOREWOOD, MN 55331 D R & K J SONNICHSEN 5695 HARDING AVE 5695 HARDING AVE SHOREWOOD, MN 55331 VILLAGE OF SHOREWOOD 5755 COUNTRY CLUB RD 26 ADDRESS UNASSIGNED SHOREWOOD, MN 00000 BARBARA NEITGE 26000 SMITHTOWN RD 26000 SMITHTOWN RD SHOREWOOD, MN 55331 P D R& S A R GILBERTSON 26055 SMITHTOWN LA 26055 SMITHTOWN LA SHOREWOOD, MN 55331 R D LETTO & B M LETTO 5650 HARDING LA 5650 HARDING LA SHOREWOOD, MN 55331 WA&MHWALDO 5679 HARDING LA 5679 HARDING LA SHOREWOOD, MN 55331 D R CORDER & T L CORDER 5685 WEDGEWOOD DR 5685 WEDGEWOOD DR SHOREWOOD, MN 55331 ARDEN W KRUEGER ET AL 26065 SMITHTOWN LA 26065 SMITHTOWN LA SHOREWOOD, MN 55331 R W & J E CHARLSON 25975 SMITHTOWN RD 25975 SMITHTOWN RD SHOREWOOD, MN 55331 JOE C & MARIANNE MELTON 26085 SMITHTOWN LANE 26085 SMITHTOWN LA SHOREWOOD, MN 55331 HENNEPIN FORFEITED LAND TERRENCE D MCGINN 1411CNC 60 DAYS END 09/10/07 25985 SMITHTOWN RD 26 ADDRESS UNASSIGNED 25985 SMITHTOWN RD SHOREWOOD, MN 00000 SHOREWOOD, MN 55331 MN MN Topics 2009 PROPOSED STREET RECONSTRUCTION PROJECTS • Concerns • Road Condition • Watermain Extension • M.S. 429 Petition Process • Standard Street Profile • Sketch Road Alignment • Potential construction impacts • Progress Report • Questions City of Shorewood Minnesota Concerns • Home / Property Protection • Financial • Access • Change (aesthetics, etc.) • Trees/ Landscaping Road Condition • The City of Shorewood uses the PASER condition system from the University of Wisconsin. • http://tic.engr.wisc.edu/publications. lasso • Harding Lane is currently rated a 3 • Smithtown Lane is currently rated a 2 Asphait Roads I Watermain Extension • Both projects have City water main adjacent to the project. • Current policy is that watermain extensions are assessed to the property owners. • A Feasability Report has not been ordered so assessment costs per property is not available. M. S. 429 Petition Process • Minnesota Statutes chapter 429 govern improvement projects. • City Council or a petition from affected property owners may initiate the process. • City Staff has a template petition for your use, if interested. 2 Smithtown Lane Sketch h Construction Impacts • Limited Access • Noise • Dirt • Heavy Machinery • Odors • Hours for Construction are 7am-7pm 3 Progress Report • The City of Shorewood has identified Harding and Smithtown Lane as poor roads • The City budgeted to reconstruct Harding and Smithtown Lanes in FY 2009. • No plans have been prepared • No feasibility report has been prepared • Survey at http://www.surveymonkey.com/s.aspx?sm=mjA Rm3eMil3MdPS 2ff5lLly 2fQ 3d 3d Assessment Example IF someone chooses to be assessed, rather than pre-paying their share of the project, assum mg the following terms: $10,000 assessment; 15 year term; 6.5 % at.. This results in an annual assessment amount of about $1,070 each year for 15y rs Hennepin c 1y (the taxing agent for the City) splits this amount and charges % $535) Mile each tax nslalime of (due May 15 and October 15). This assessment is bulled to t~e resident on that, biennial lax statement. The assessment may be paid at any time IN FULL with NO pre- payment penally. W. cannot accept part tai pre-payments. The Interest rate is subject to change based on market conditions, to. Example: $10,000 i5 years 6.5% =$1,070 year or =5535 per lax statement These Invoices Would be on the honorer lax statement residents receive from Hennepin County. A I-mmg Institution may have better arrangements 510,000 is a random! erated amount if is not an estimated wafer extension assessment I In unD QUESTIONS Do you want your road reconstructed? PETITION FOR LOCAL IMPROVEMENT Slate of Minnesota T. the T Co uncilof Shorewood, Minnesota: WE E THE UNDERSIGNED OWNERS of the real property tlescribetl as'. hearby petition, pursuant I. Minnesota Statutes, Chapter 429, 1w the Idl.win0 public improvements'. EACH s' FURTHER AGREE S, inconsideration r-Gily action at our request to cause construction of ,pay such sums as may be tleletmined by Ibe Cily to beafair and the above-tlesc.,r improvement to Doable apportionment of the costs of saitl improvement. regartl to the makino of the improvementor OW NER EXPRESSLYWAIVES OBJECTION I. I, i==h ant of the cost (hereof; waives any claim chat l.gains1 owners propeny Is d waives all rinus o1 appeal in the courts. Dalessw siangnature of Owner Print Name of Omer Description of-Inny I _ 3. Examined, checked, and f.untl to be in.toper loan and I. be signetl by the oxntts of the abovnstated quantity.! propeny making of the m iprovement petitionetl tor. City Clerk 4 MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: February 19, 2009 SUBJECT: 2009 Goals and Objectives The Council met in a work session on February 2 to discuss 2009 goals and objectives developed by staff. At the meeting staff presented Council with descriptions of the items they hoped to accomplish and Council provided feedback and suggested a few other items that were not on the list. Council then directed staff to prioritize the items and bring back to Council for review and comment. Attached is the revised prioritized task list and revised individual description sheets. City Shorewood Objective Outline Page I of I DEPARTMENT: Administration PROJECT/OBJECTIVE NAME: Explore and determine the future of the SouthShore Senior Community Center RESPONSIBLE PARTY: Brian Heck What is the purpose? This task changed since the initial draft. Originally the task was to work with the other four communities to craft a new Cooperative Agreement and Lease with the Friends of the SouthShore Senior Community Center. The Friends dissolved so the focus is now on how to keep the center operational in the short term while a determination is made on the future of the Center. How/what will you measure? Measures will depend on the final outcome regarding the disposition of the Center. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) The hope is to finalize the status of the Center. What are the steps (strategies)? • Meet with the member communities to discuss interim operations for the facility and outline process for long-term solution and options. • Meet with the rental agent to discuss current status of rentals and process. • Meet with Friends representatives to go over current expenditures for the facility. • Implement decision made by five communities regarding the final disposition. What resources are necessary? Staff time and possible attorney time to review agreements. What is the time line for completion? Interim plan for operations in place by March 1 Long term solution for the facility determined by May 1 City of Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Administration PROJECT/OBJECTIVE NAME: Develop and prioritize 2010 Goals and Objectives RESPONSIBLE PARTY: City Council and Department heads What is the purpose? The purpose of this objective is to align the establishment of Council goals with the budget process How/what will you measure? What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) We hope to align the Council goals and objectives to the budget process What are the steps (strategies)? 1) Begin discussions on 2010 goals before the start of budget discussions 2) Outline and define the broad goals of the Council 3) Align the budget out-puts with the established goals 4) Develop departmental work plans and objectives to support the stated goals 5) Develop measurement criteria and reporting methods to measure progress. What resources are necessary? Staff and council time to establish and monitor goals. Possible software or programs to assist in the collection of data and monitoring of progress. What is the time line for completion? April - May begin discussions with Council on goals July goals defined and prioritized July - August establish expenditure plan based on goals August - October Departments establish work plans October - December departments establish measurement and reporting methods. January 2010 - December 2010 complete work plans with reporting and measurements. City of Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Administration PROJECT/OBJECTIVE NAME: Improve and enhance the recycling and solid waste management program for the City of Shorewood. RESPONSIBLE PARTY: Julie Moore, Larry Brown, Pat Dennen What is the purpose? To decrease the amount of landfill waste being generated within the City of Shorewood, to eliminate hazardous waste from being improperly disposed of within the community, and to increase the positive environmental position of our city. How/what will you measure? We will measure the amount of material collected at the curbside, at city facilities and various businesses in Shorewood including participation rates. We will measure the amount of regular solid waste collected and use of Household Hazardous Waste disposal sites. Specifically, we plan to increase participation in the curbside recycling program from 63% to 80%; decrease the amount of solid waste collected; and improve City purchasing of environmentally friendly products. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) We hope to increase the environmental awareness of the residents, increase the number of households and businesses participating in the recycling program and expand the opportunities for participation in resource recovery efforts. What are the steps (strategies)? • Public education campaign. • Review contract and discuss hauler and program options. • Review collection methods and collection items. • Expand recycling program to parks and recycling all materials possible from city owned properties. • Promote recycling and environmental programs more efficiently to area residents, businesses and schools. • Develop education program in conjunction with schools, daycares, preschools. • Offer park and community programs on benefits of recycling/environmental awareness. • Continue spring clean-up. What resources are necessary? Staff time to promote and monitor the program What is the time line for completion? Make a determination on extending the existing contract or soliciting for new vendor May 1. Sign new/extension of contract September 30 City Shorewood Objective ti Page 1 of 1 DEPARTMENT: Administration PROJECT/OBJECTIVE NAME: Encourage participative Public Safety budget process. RESPONSIBLE PARTY: Brian Heck, City Council What is the purpose? To work more effectively with the Joint Powers Boards, the police chief, fire chief and the other Cities in the development of the 2010 police and fire budgets. How/what will you measure? Successful adoption of the SLMPD and EFD operating budgets. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) We hope to improve communication between the police and fire departments in the development of their operational budgets. What are the steps (strategies)? ➢ Encourage the Chiefs to meet with the Cities early in the process to discuss budgetary needs. ➢ Encourage the JPA to work with the Chiefs to develop cost saving measures. ➢ Communicate the City's financial position and ability to pay to the Chiefs and JPA boards. ➢ Work together to provide creative solutions to accomplish objectives. What resources are necessary? Good open communication. What is the time line for completion? August 2009 City of Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Administration PROJECT/OBJECTIVE NAME: Community Survey / Citizen Engagement RESPONSIBLE PARTY: Brian Heck and City Council What is the purpose? To develop a process for obtaining citizen feedback and input on municipal operations, services, infrastructure, etc. How/what will you measure? Depending on the type and methodology used to gather input, we will measure the number of responses and/or participation in meetings/open houses. We will measure satisfaction with services, programs, infrastructure, communications, etc. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) We hope to generate more community involvement in the establishment of enhanced services and items of priority to the community that the Council and staff can work together on to achieve. We hope to improve services, programs and create additional efficiencies based on the outcome of the results. What are the steps (strategies)? • Determine the method(s) to obtain input from the community. • Determine the areas (services, programs, etc) that will be evaluated. • Develop the instrument for gathering and analyzing input and the frequency. • If the method is a survey, develop questions related to the topic • Collect and analyze the data and present to Council • Use the results to prioritize projects, services, programs, etc., and make changes / improvements. What resources are necessary? The resources necessary for this project depend on the methodology used to gather input and the frequency. There will be staff resources used to organize, develop and implement this program and there may be costs associated with the project if focus groups, open houses or other such process is used. Survey tools exist at little to no cost. Dollars are not allocated specifically for this activity. What is the time line for completion? The proposed timeline is outlined below. Bullet number 1 Bullet number 2 Bullet number 3 Bullet number 4 Bullet number 5 Bullet number 6 February - March 2009 February - March 2009 March - May 2009 March - May 2009 May - July 2009 July - December 2009 City Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Administration PROJECT/OBJECTIVE NAME: Develop and implement disaster recovery plan. RESPONSIBLE PARTY: Department heads What is the purpose? The purpose of this objective is to develop and implement a comprehensive disaster recovery plan for the city's data and services. How/what will you measure? What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) We hope to improve the status of our current back-up and recovery system and to have a plan to keep basic services operational should a disaster event occur. What are the steps (strategies)? 1) Evaluate current process and policies regarding data storage and recovery. 2) Implement anew data service with offsite back-up and data storage. 3) Implement a connection between the public works building and city hall. 4) Migrate existing data servers to hosted off-site secure location. What resources are necessary? • Funding to provide connection between city hall and public works. • Improved communication/data lines. • Securing off site data storage and recovery. What is the time line for completion? March - implementation of new telephone and data services. March - begin remote back-up of data and systems to off site location. Spring/summer - research options for connection between PW and CH. Summer - evaluate accuracy of back-up and begin disposition of duplicate paper files. Summer - select and implement connection solution between PW and CH. Fall - evaluate possibilities of offsite document storage. Ongoing - continuous evaluation and enhancement of system City of Shorewood Objective Outline Page 1 of 1 DEPARTMENT: ADMINISTRATION/ ALL DEPARTMENTS PROJECT/OBJECTIVE NAME: Laserfiche Weblink - Decide what, if any, additional documents to make public RESPONSIBLE PARTY: Jean Panchyshyn, Deputy Clerk What is the purpose? To provide public access to public documents via Weblink How/what will you measure? 1) Research if we can get the number of hits on our weblink page 2) Track number of customers referred to Weblink for documents vs. documents not in Weblink (not sure if this can be done, as each department would have to track this; could consider creating a form for departments to use for this) What do you hope to accomplish? (efficiencies, service improvements, cost savings) 1) Better customer service 2) Save staff time having to retrieve documents that customers could access/print from their home or office What are the steps (strategies)? 1) Meet with departments to identify types of documents most requested by the public and determine if these are public documents that can/should be made public via Weblink What resources are necessary? Staff time What is the time line for completion? May and ongoing City of Shorewood Objective Outline Page 1 of 1 DEPARTMENT: ADMINISTRATION / ALL DEPARTMENTS PROJECT/OBJECTIVE NAME: Laserfiche - Determine what documents to scan and scanning plan RESPONSIBLE PARTY: Jean Panchyshyn What is the purpose? 1) To identify those archived and current documents that need to be scanned for retention/preservation purposes 2) To identify documents that need to be scanned for efficiency purposes How/what will you measure? 1) The number of documents added to the repository 2) Amount of time spent searching for documents (not sure how easily this can be measured) What do you hope to accomplish? (efficiencies, service improvements, cost savings) 1) Document preservation per the records retention schedule 2) More efficient document searching and retrieval to provide faster service to customer information requests. What are the steps (strategies)? 1) Meet with each department to identify documents that need to be scanned (both archived and current) 2) Determine how much pre-scanning preparation work needs to be done, who is most qualified to do this, and if that person has time to work on scanning projects 3) Prioritize the items identified to be scanned 4) Start scanning documents What resources are necessary? 1) Staff time in identifying documents, preparing documents, scanning current documents 2) Part-time staff for scanning archived documents ($10,800 budgeted in 2009 for part- time help) 3) Funds for outsourcing any large-sized documents (2009 Budget includes $500 in Gen Govt; $400 in Protective Inspections; $ ? Engineer) What is the time line for completion? 1) Identify and prioritize documents by end of March 2) Work on scanning throughout the year-it is anticipated that the bulk of scanning will be done in the summer by part-time help City Shorewood Objective Outline Page 1 of DEPARTMENT: ADMINISTRATION/ PUBLIC WORKS PROJECT/OBJECTIVE NAME: Cleaning Services Contract for City Hall and Public Works Buildings RESPONSIBLE PARTY: Jean Panchyshyn, Deputy Clerk Larry Brown, Director of Public Works What is the purpose? To obtain quality Cleaning Services for the newly remodeled City Hall Building and the existing Public Works Building - to Present a Positive Image of the City of Shorewood How/what will you measure? 1) Complaints / Compliments by staff or the public of the quality of the cleaning service/ hour the building is presented to the public 2) Cleaning is being completed according to the proposal What do you hope to accomplish? (efficiencies, service improvements, cost savings) 1) To properly maintain the new City Hall building in order to avoid premature deterioration, which may result in long-term savings 2) To have improved Cleaning Service at both buildings What are the steps (strategies)? 1) At City Hall, determine what the cleaning requirements are for the new floor surfaces (tile, carpet, cork, entrance) 2) Determine how often cleaning is needed to keep the new city hall building properly cleaned and maintained; monitor and adjust throughout the year, if needed. 3) Create an RFP for both buildings; review proposals, check references, and select the best proposal. What resources are necessary? 1) Staff time 2) May need to spend more money for cleaning services to properly maintain the new city hail What is the time line for completion? March - Create an RFP for Council approval April - RFPs due May - Select service provider and provide notice to current provide (if not selected) June - Service to begin (current contract expires June 15; must give 30-day notice of non-renewal by May 15) City Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Administration PROJECT/OBJECTIVE NAME: Reorganization RESPONSIBLE PARTY: Brian Heck What is the purpose? To provide council and staff with anticipated outcomes regarding the rearranging of responsibilities. In some cases, the purpose is to free up more time for some staff to allow them to focus more on their core responsibilities and functions. How/what will you measure? What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) I hope to reorganize duties and responsibilities so staff is working from their strengths. This should improve the quality and timeliness of work product by allowing staff and department to focus on what they do well and removing those responsibilities that may have little to do with the overall focus of the department. What are the steps (strategies)? 1. Evaluate the current mix of responsibilities departments and staff is tasked with. 2. Realign areas of responsibility based on departments core function and where appropriate, to the individual staff members strengths. 3. Communicate realignment to staff and department directors. 4. Remove barriers for staff working in newly defined areas of responsibility to and ensure they have the proper authority and flexibility to properly carryout their new duties and responsibilities. What resources are necessary? In order for this objective to be successful, I will need the support of the Council for the decisions made regarding the reorganization or realignment of duties and responsibilities. Cooperation of staff is required in order to make this transition successful. At present there are no financial implications or requirements. What is the time line for completion? June 2009 with ongoing monitoring and adjustment as needed. City Shorewood Objective Outline Page I of I DEPARTMENT: Protective Inspections PROJECT/OBJECTIVE NAME: Improve/Enhance Building Inspection Process RESPONSIBLE PARTY: Joe Pazandak/Brad Nielsen What is the purpose? To better educate property owners and builders as to building code requirements, standards and procedures. To expedite the process of reviewing and issuing building permits. Increased availability of staff for residents. How/what will you measure? We will attempt to track the time it takes from submission of complete applications to issuance of permits. At present the only benchmark we have is the current policy for disposition of permit applications. We will track how many requests there are for the evening inspection program. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) Speeding up the process for reviewing and approving permits should enhance service to users (property owners and builders). We will continue to explore technological solutions that would improve service without requiring additional staffing. What are the steps (strategies)? • Reduce time to process permits (e.g. new construction <14 days; additions/remodels < seven days) • Offer same day inspections as work loads allow • Evening inspections (one night per week on a trial basis) • Provide additional information on website • Explore electronic payment of permit fees • Research paperless inspection notices • Increase participation in code development activities - work with regional and state code groups What resources are necessary? Staff time. Depending on ability to find appropriate scale software program, it may be necessary to purchase software, if not in 09', possibly in 10'. What is the time line for completion? • Reduce time to process - effective immediately • Same day inspections - effective immediately • Evening inspections - mid February • Website information - March/ongoing • Electronic payment - September (depending on Finance Dept) • Paperless inspection - September • Code development activities - immediately/ongoing City Shorewood Objective Outline Page I of I DEPARTMENT: Finance PROJECT/OBJECTIVE NAME: Assessment Policy RESPONSIBLE PARTY: Engineering/Administration/Finance/Legal What is the purpose? To provide a fair and equitable means of financing and cost-sharing needed infrastructure improvements. How/what will you measure? Whether the policy is adopted. What do you hope to accomplish? A means of financing infrastructure improvements What are the steps (strategies)? 1. Staff departments to review existing policy. 2. Possible review of other cities' success with various assessment options (i.e., front footage; unit based; etc.). 3. Hold work-sessions for council review. 4. Financial analysis to determine if financially feasible. 5. Public information meetings, if appropriate. 6. Adoption and implementation of the policy. What resources are necessary? Primarily staff time. What is the time line for completion? May vary depending on the time required by each step. If policy is required for 2009 activity, could be fast-tracked. City Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Finance PROJECT/OBJECTIVE NAME: Utility Rates Study RESPONSIBLE PARTY: Finance What is the purpose? To review, analyze, and implement utility rates that promote conservation and provide adequate financial support for utility operations. How/what will you measure? Financial projections of the utility funds, including anticipated operations and capital costs and the impact of utility rates on same. What do you hope to accomplish? Determine the optimum rate structure to promote conservation and provide adequate financial support for utility operations. What are the steps (strategies)? 1. There are firms that do these studies. Research the cost and feasibility of having a consultant do a frill rate study. 3. Council review and discussion of completed study. 4. Implementation. What resources are necessary? Funds required to hire a consultant to prepare the rate studies and staff time. What is the time line for completion? If a consultant is hired, the study may be completed by end of Ist quarter 2009 to middle of 2°d quarter 2009. If the study is prepared internally, it will have to be scheduled around other duties (i.e., the audit) and would take longer. City Shorewood Objective Outline Page I of 1 DEPARTMENT: Finance PROJECT/OBJECTIVE NAME: Phase III Water Meters and ROI RESPONSIBLE PARTY: Finance/Public Works What is the purpose? Council requested an ROI (Return-On-Investment) analysis for the Phase III water meter installation. How/what will you measure? Time savings gained from Public Works not having to read water meters manually (estimated at 2 persons for 3 weeks) and finance not having to input readings manually (estimated at 1 person for 32 hours.) There are also gains in accuracy and internal control that would be desirable to try to quantify. What do you hope to accomplish? Justification for the radio read water meter project. What are the steps (strategies)? 1. Installation of the radio read meters. 2. Measure (or estimate) time savings for public works and finance staff. 3. Quantify same on a cost basis. What resources are necessary? Staff time. What is the time line for completion? When Phase III installation is completed. City of Shorewood Objective e Page 1 of 1 DEPARTMENT: Finance PROJECT/OBJECTIVE NAME: Additional On-Line Payment Options RESPONSIBLE PART': Finance/Webmaster What is the purpose? To provide additional payment options for Shorewood customers to purchase permits and pay utility bills on-line. How/what will you measure? Increased customer service options to enhance the `user-friendly' feel of the City's website and City operations in general. When implemented, we can measure frequency of use. What do you hope to accomplish? Convenience for Shorewood residents. What are the steps (strategies)? 1. Research the available options for on-line payments. 2. Consult with Incode, the City's financial software vendor, to learn what capabilities are available for implementation. 3. Analyze the financial feasibility and related costs of providing additional options. 4. Council review and authorization of options. 5. Implementation. What resources are necessary? Staff time to review options. Quite possibly the City will not be able to recover all costs of providing on-line options, so some funding (to be determined) may be required from various sources (General fund and utility funds). What is the time line for completion? Third quarter 2009. City of Shorewood Objective Outline Page I of I DEPARTMENT: Parks / Public Works PROJECT/OBJECTIVE NAME: Park and recreation program and infrastructure improvements and expansion RESPONSIBLE PARTY: CRR What is the purpose? To implement park improvements to facilities and expand programming available at the parks. To create and improve partnerships to provide a greater wealth of recreational opportunities for residents and which pay for themselves. How/what will you measure? We can measure the number of participants in programs and positive and negative comments received from park users and program participants. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) We hope to provide a greater level of service to the public in a manner that does not cost the city additional dollars. What are the steps (strategies)? • Revise the Community Rec. Resources agreement to include park liaison and coordination activities. • Revise the hours allocated to clerical park support. • CRR to work with Park Commission to establish recommend work program for the year. • CRR and staff to collaborate on organizing existing programs and preparing for new programs. • Establish survey tool to obtain participant feedback. • CRR and staff to implement CIP for parks and monitor to ensure work is completed. What resources are necessary? Additional staff time and contract time to implement and ensure the CIP and programming are completed. What is the time line for completion? For most items listed, completion is end of summer and for reviewing survey results, ongoing. City Shorewood Objective Outline Page I of 1 DEPARTMENT: Planning PROJECT/OBJECTIVE NAME: Finalize Comprehensive Plan Update RESPONSIBLE PARTY: Brad Nielsen What is the purpose? To provide a guide for the future development and redevelopment of the community. How/what will you measure? Compare past plans and programs with existing development to monitor consistency. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) Provide for the orderly growth of the community by establishing a decision-making framework to address issues of development and redevelopment What are the steps (strategies)? • Complete Council review of Planning Commission's draft of Comp Plan Update • Publicize and conduct informal open house meeting prior to formal public hearing • Conduct formal public hearing • Make necessary revisions to Update, based on Met Council and neighboring jurisdictions' review and comment • Publicize and hold neighborhood meetings for each Planning District • Revise Update based on resident input What resources are necessary? Staff time, Planning Commission time and City Council time. We will request some assistance from the Cable Commission for video taping, production and broadcasting of Comp Plan Update. Meeting space will be available in the remodeled City Hall. What is the time line for completion? • Council review - end of February • Informal open house - end of April • Public hearing - May • Submit to Met Council - end of May • Update Area Plans; hold neighborhood meetings - end of year • Revise Update -Jan. 10 City of Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Administration / Planning PROJECT/OBJECTIVE NAME: Implement Administrative Enforcement Process RESPONSIBLE PARTY: Brad Nielsen / Brian Heck What is the purpose? To augment the current code enforcement program by creating and implementing a means for handling code violations through an administrative process rather than through the criminal courts. How/what will you measure? We will monitor the number of times the process is used versus the number of times complaints go to the court system. We will measure the time to resolution of the code violation, cost to gain compliance, and revenue generated. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) Through the implementation of the Administrative enforcement process we hope to gain efficiencies in resolving compliance issues and potential savings in over all costs (for both the City and the property owner). Presently compliance issues are resolved exclusively via the courts. This is a lengthy process and the city incurs legal and court costs associated. What are the steps (strategies)? • Draft the ordinance amendments allowing the use of Administrative fines and penalties for code violations and present to Council for approval. • Develop policy and procedures for implementing and conducting administrative hearings. • Develop and amend the fee schedule to include the fines for various code violations. • Implement the process by 1 May (see also Planning Commission Work Program - 2009) What resources are necessary? Legal resources and staff resources are needed for the initial drafting and development of the ordinance amendments and policy and procedures. We need space to conduct the administrative hearing and funds to cover the cost of an independent hearing officer i.e. administrative law judge or arbitrator. Staff and legal resources are provided for in the budget and we anticipate using space at city hall for the hearings. Fees for the hearing officer were not provided for in the budget. It is expected that fines will cover the cost of the administrative law judge and support staff. What is the time line for completion? Our timeline is below. Bullet one March 2009 Bullet two May 2009 Bullet three April 2009 Bullet four May 2009 City Objective Outline Page 1 of 1 DEPARTMENT: Planning PROJECT/OBJECTIVE NAME: Zoning - Provide Administrative Procedures Online RESPONSIBLE PARTY: Brad Nielsen/Pamela Helling What is the purpose? To assist property owners, developers and builders involved in any type of zoning or subdivision application process. The convenience of obtaining the information online will better enable them to prepare for the necessary consultation with City staff. Checklists of required information should result in more complete applications. How/what will you measure? We will track the number of meetings necessary to lead users through the development process. We may be able to determine if staff consultations are shorter and more efficient. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) By providing information online, users can eliminate at least one trip to City Hall. Their applications should be more complete, making for more productive consultations with City staff. What are the steps (strategies)? • Draft outlines of procedures for various zoning applications • Design checklists of submission requirements • Convert outlines and checklists for publication on website What resources are necessary? Staff time and minimal space on the website. What is the time line for completion? • Zoning procedures - April • Subdivision procedures - May i o Shorewood Objective Outline Page 1 of 1 DEPARTMENT: Planning PROJECT/OBJECTIVE NAME: Provide Planning Staff Reports Online RESPONSIBLE PARTY: Brad Nielsen/Pamela Helling What is the purpose? To provide a more convenient method for those with internet access to obtain and review staff reports and recommendations for zoning and development requests. How/what will you measure? Resident feedback. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) Give residents a better idea of what goes into the review of development requests and make them more informed when they core to public meetings: What are the steps (strategies)? • Draft introduction and feedback solicitation • Convert scanned documents for use on website What resources are necessary? Staff time and some space on the website. There is some additional cost for measuring hits on the website. What is the time line for completion? Complete by end of February. City of Shorewood Objective Outline Page I of I DEPARTMENT: Planning PROJECT/OBJECTIVE NAME: Update Zoning Ordinance - Parking Requirements RESPONSIBLE PARTY: Brad Nielsen What is the purpose? To update parking requirements to be consistent with revised commercial zoning districts. How/what will you measure? Compare list of allowable uses in Zoning Code to list of parking requirements. Each use should have a corresponding parking requirement. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) Service improvement - avoid delays in reviewing development requests while parking requirement is determined. Developers reduce costs by knowing in advance how to prepare their plans. What are the steps (strategies)? • Staff research • Presentation to Planning Commission • Public hearing to consider revisions/recommendation to Council • City Council adoption of proposed Zoning Code text amendments • Publish in official newspapers What resources are necessary? Staff time. Will likely require off-site meeting space - already arranged for scheduled Planning Commission and Council meetings. Cost of publication - included in 09 budget. What is the time line for completion? • Presentation/Planning Commission discussion - February • Public hearing/recommendation to Council - March • Council adoption/publication - end of March City Shorewood Objective Outline Page I o I DEPARTMENT: Planning PROJECT/OBJECTIVE NAME: Implement Segment of County Road 19 Trail RESPONSIBLE PARTY: Brad Nielsen What is the purpose? Improve safety for pedestrians and cyclists on segment of County Road 19 between Smithtown Crossing and LRT Trail. How/what will you measure? Number pedestrians and bicyclists using the trail. What do you hope to accomplish? (efficiencies, service improvements, cost savings, etc.) Elaborate on adopted concept plan from County Road 19 Corridor Study. Develop preliminary plans for presentation to Hennepin County Transportation Department. Incorporation of project into Hennepin County Capital Improvements Program. What are the steps (strategies)? • Meet with Hennepin County staff to explore feasibility of project • Develop preliminary plans • Continue work with Tonka Bay and Orono on larger County Road 19 trail project • Beg Hennepin County for funding What resources are necessary? Staff time initially. County may require some sort of cooperative arrangement (i.e. we design/build - they fund). If that becomes the case some survey work may be necessary (not budgeted for 09) What is the time line for completion? Planning efforts could be completed by end of July. Design and construction could occur in 10', depending on availability of funding and County's willingness to incorporate into their CIP. City of Shorewood Objective Outline Page I of I DEPARTMENT: ADMINISTRATION/ WEBSITE PROJECT/OBJECTIVE NAME: Website Enhancements RESPONSIBLE PARTY: Pamela Helling, Webmaster Jean Panchyshyn, Deputy Clerk What is the purpose? To provide customer service improvements on the city's website How/what will you measure? 1) Number of people who use "Contact Us" email links to departments 2) Increased use of on-line forms for licenses and permits 3) Number of people who sign up for list-serves (on-line subscriptions) 4) Number of people who use on-line payment service (if we do this) 5) Number of people who use on-line reservations (if we do this) What do you hope to accomplish? (efficiencies, service improvements, cost savings) 1) To add a "Contact Us" email service for community needs/concerns 2) To provide subscription list-serves for topics such as Council Agendas, E-Newsletter, Park and Recreation Programs, Volunteer/job openings, others as identified. 3) Add Resident friendly information for various Building/Zoning items 4) Research the addition of interactive license/permit forms; scheduling facilities (such as picnic shelter reservations), and on-line payment for permits What are the steps (strategies)? 1) Identify enhancements that can be accomplished by Webmaster (staff time); and enhancements that will require outside service and/or software/hardware upgrades and any additional fees associated with this 2) Encourage residents/customers to use the website by adding a "featured website topic" to each City newsletter and encourage customers in city hall to use the Kiosk for completing permits forms and other city business on-line. What resources are necessary? 1) Staff time 2) Fees for subscription management service 3) Fees for on-line payments 4) Fees for any Software / Hardware Enhancements What is the time line for completion? Jan-March - Add "Contact Us" email service on Home Page Jan-March - Addition of Building/Zoning information handouts April-Sept - Email Subscription service; E-Newsletter format July - December - Research possible addition of interactive forms; on-line payments; and on- line reservations 2009 Work Program ADMINISTRATION Southshore Center Lease and Cooperative Agreement Administrative Enforcement Infrastructure Financing - finance lead Establish 2010 Goals Recycling Public safety budget process improvements Community survey IT Disaster Plan Laserfsche -Additional folders I documents to make public Laserfische - determine what to scan Cleaning Services contract Reorganization "deliverables" INSPECTIONS Improve/Enhance Building Inspection Process Reduce time to process permits Offer same day inspections as work loads alloy Offer evening inspections (one night per week) Provide additional information on website Increase participation in code development acti Research paperless inspection notices Explore electronic payment of permit fees FINANCE Infrastructure Financing Utility Rate Study Financial Reporting (see note) Phase III water meter and RO1 Additional On-line payment ophons PARKS 2009 CIP Park Plan "refresh" Park Administration Increase programs at freeman Park Review Tennis Court Reservation Policy Ccmcrene svePtan Administrative E-brceasrt Zz,dmg process 0- sine Zon -o sag reeorls on-'i-e Par+:i^o Reau.r-emer*.s PUBLIC WORKS Road Program Assessment Policy Phase III water meter and RO1 2009 CIP Storm Water Plan Sign inventory Vine Hill Road and Highway 7 Study WEB Zoning staff reports on-line Contact us drop down menu Zoning process on-line Subscription Service E-Newsletter/ newsletter archive Interactive forms Payment for services Scheduling facilities Engineering Note: north intersection reconfiguration to reduce left turn congestion. Need a study (at least) to determine if this can be done Finance Note: monthly budgets with actual by department and enterprise fund, along with at least a quarterly forecast of what the year-end result will be for both revenues and expenses (by department, enterprise). Project Rank First Quarter Second Quarter Third OuartPr Fmirth Ouartar 1.2 1.3 1.4 1.5 1.6 .7 2.1 2.2 2.3 2.4 2.5 11 2 3 S 2.1 2.2 2.3 2.4 F-1.1 F-1.2 F-1.3 F-1.4 F-1 5 . 1.1 1.2 1.3 1.4 3 1.1 12 2.1 2.2 2.3 2.4 16 2 Aim 11 12 13 21 22 23 2.4 25 MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: February 19, 2009 SUBJECT: Recycling One of the items on the task list for 2009 pertains to recycling. This was an issue mentioned and brought forth by Council member Zerby during the first meeting of the year. Council member Zerby was interested in looking at the current program to see if enhancements and improvements could be made. As the current contract is up for renewal, now is a good time to review the existing program and evaluate alternatives. Attached to this memorandum are the following items. 1) The existing contract with Veolia. This contract expires at the end of the year. 2) A listing of the materials currently collected at the curb 3) Executive summary for a study completed by the City of Roseville in 2006. This item is for general discussion and direction to staff for further activity. CONTRACT FOR RESIDENTIAL RECYCLING SERVICES 1. CONTRACT PREAMBLE This Residential Recycling Services Contract (hereinafter the "Contract") is made this 26th day of February, 2007, between the City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331-8926 (hereinafter the "City") and Veolia ES Solid Waste Midwest, LLC, a Wisconsin limited liability company, authorized to do business in the State of Minnesota, with its current local place of business at 1375 Seventh Avenue, Newport, MN 55055, (hereinafter the "Contractor"). WITNESSETH: WHEREAS, the City supports a comprehensive residential recycling program and desires that high-quality recycling services be available to all its residents; WHEREAS, the City supports Curbside recycling as part of an overall landfill abatement program; WHEREAS, the City intends to maximize the fullest recovery possible of Recyclable Materials from all residents in the City; WHEREAS, the City intends to contract for a full service recycling program that provides the most cost-effective and best value recycling services possible to all City residents; WHEREAS, Hennepin County has funding available for such residential recycling services; and WHEREAS, the Contractor submitted a proposal for such recycling services to the City in response to the larger Lake Minnetonka Recycling Group (LMRG) request for proposals (RFP) for residential recycling services. NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein. 2. DEFINITIONS 2.1 Aluminum Cans Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. 2.2 Contractor Veolia ES Solid Waste Midwest, LLC, which shall provide the services contemplated in this Contract. 2. Curbside The area of public right-of-way between the property line and the curb or edge of the street, but not on the street. 2.4 Curbside Recycling Container Any container (bin, box, bag) used by a Residential Unit to place Recyclable Materials for Curbside Recycling Services. All Recyclable Materials subject to collection by Contractor must be contained and must be easily and readily identifiable by Contractor as Recyclable Materials. 2.5 Curbside Recycling Service The recycling collection service, together with related public education and other customer services, specified within this Contract utilizing Curbside Recycling Service. 2.6 Fiber As part of a dual-stream collection program, Fiber includes the following paper items: Old Newspapers including inserts (ONP); Household Office Paper and Mail; Old Boxboard (ORB), Old Cuirugated Cardboard (OCC); phone books, paper back books, and notebooks; brown paper bags; Old Magazines (OMG); and catalogs. 2.7 Glass Jars and Bottles Unbroken glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 2.8 Household Office Paper and Mail (HOPM) Mail, advertisements, office paper, school papers, envelopes, etc. 2.9 Household Units Household Units shall mean single family, two family, three family and four family residential dwellings located within the legal boundary limits of the City. For purposes of this Contract, a two family dwelling shall equal two Household Units, a three family dwelling shall equal three Household Units and a four family dwelling shall equal four Household Units. 2.10 Markets Any person or company that buys (or charges) for recycling of Recyclables and may include, but are not limited to: end-markets, intermediate processors, brokers and other Recyclable Material reclaimers. 2.11 Materials Recovery Facility (MRF) A recycling facility in which Recyclable Materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 2.12 Multi-Family Dwellings (MFD) Multi-Family Dwellings (MFD) shall be defined herein as residential dwellings having five or more units per building. Multi-Family Dwellings are not included in this Contract and shall not receive Curbside Recycling Services under this Contract. Condominiums 2 and townhouses that contain less than five units per building are not included in the definition of MFD and are considered part of this Contract and shall receive Curbside Recycling Services hereunder. 2.13 Non-Targeted Materials Non-recyclable materials that are not included in the City's recycling program and are not subject to Curbside Recycling Service. Examples of typical Non-Targeted Materials include (but are not limited to): pumps on Plastic Bottles, ceramic material in glass streams, frozen pizza boxes in paper streams, plastic tubs in the plastic streams, etc. 2.14 Old Boxboard (OBB) Boxes including cereal, cake, chip, and cracker boxes. 2.15 Old Corrugated Cardboard (OCC) Cardboard material with double-wall construction and corrugated separation between walls. Does not include plastic, wax or other coated cardboard. 2.16 Old Magazines (OMG) Glossy and non-glossy magazines and catalogs. 2.17 Old Newspaper (ONP) Newspapers including inserts. 2.18 Plastic Bottles Plastic bottles shaped with a neck. Plastic lids, caps, rings and pumps are not included in this definition. Recyclable Plastic Bottles shall be identified on the bottom with the Society of the Plastics Industry (SPI) plastic codes #1 (PET) and #2 (HDPE) including bottles containing: liquor, milk, juice, soft drinks, water, certain foods, soap and cosmetics. 2.19 Process Residuals The normal amount of material that can not be economically recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. and must be disposed as mixed municipal solid waste. Process Residuals include subcategories of Process Residuals including but not limited to bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g., materials cleaned from screens, etc). Process Residuals does not include clean, separated products that are normally processed and prepared for shipment to Markets as commodities but are of relatively low-value because of depressed market demand conditions. 2.20 Processing The sorting, volume reduction, baling, containment or other preparation of Recyclable Materials delivered to the Processing Center for transportation or marketing purposes. 2.21 Processing Center A recycling facility in which Recyclable Materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 3 2.22 Recyclable Materials or ecyclables For purposes of this Contract, the following Recyclable Materials are subject to Curbside Recycling Service: Aluminum Cans; Steel Cans; Glass Jars and Bottles; Plastic Bottles with a neck; newspapers; magazines; boxboard; phone books; paper back books; notebooks; Household Office Paper and Mail; and Old Corrugated Cardboard. Materials may be added to this definition of Recyclable Materials or Recyclables from time to time upon mutual agreement of the parties. 2.23 Recycled Content Products Products or goods, including roadbed or other aggregate products, that are openly marketed and have positive value. Recycled Content Products do not include use of any commodity as landfill cover. 2.24 Request for Proposals (RFP) The Lake Minnetonka Recycling Group's (LMRG's) request for proposals (RFP) as released on October 27, 2006, and subsequently amended by answers to Proposers questions on November 20, 2006. 2.25 Steel Cans Disposable containers fabricated primarily of steel or tin used for food or beverages. 2.26 Waste Any Recyclable Material determined by the Processing Center not to be marketable as a Recycled Content Product. Typical "Waste" in this context includes pumps on Plastic Bottles, ceramic material in glass streams, frozen pizza boxes in paper stream, etc. Waste is specifically excluded from the definition of Recyclables and shall not be subject to Curbside Recycling Service. 3. GENERAL REQUIREMENTS FOR RESIDENTIAL COLLECTIONS 3.1 Contractor Service Requirements For the term of this Contract, Contractor agrees and the City hereby grants to Contractor the exclusive right and obligation to provide Curbside Recycling Service to all Household Units in the City and selected municipal facilities as defined in Section 3.21 of this Contract. 3.2 Contractor Licensing Requirements Contractor must have a license issued by the City to haul Recyclable Materials as governed by Chapter 503 of the City Code. 3.3 Collection Vehicle Equipment Requirements All collection vehicles used in performance of this Contract by Contractor shall be duly licensed and inspected by the State of Minnesota and shall operate within the weight allowed by Minnesota Statutes. Per the City's Code (Sec. 503.07), there is no distinction made between vehicles used in collecting Recyclables and vehicles used for collecting refuse or garbage. All vehicles shall be used that are in proper working condition and that prevent loss in transit of 4 liquid or solid cargo. All vehicles shall be kept clean and as free from offensive odors as reasonably possible. Each collection vehicle shall be equipped with the following: a. Two-way communications device. b. First aid kit. An approved 2A1OBC Dry Chemical Fire Extinguisher. d. Warning flashers. Warning alarms to indicate movement in reverse. Signs on the rear of the vehicle which states "This Vehicle Makes Frequent Stops". g. A broom and shovel for cleaning up spills. All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free from odors as possible. All vehicles must be clearly identified on both sides with Contractor's name and telephone number. 3.4 Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of the services described in this Contract and further described in the LMRG Request for Proposals dated October 24, 2006 (the "LMRG UP"). The Contractor will provide a Route Supervisor to oversee the recycling route drivers servicing the City under this Contract. The Route Supervisor will be available to address customer complaints each day. The Contractor shall have on duty Monday through Friday from 7:00 a.m. to 5:00 p.m. a dispatch customer service representative to receive customer calls and route issues. The Contractor shall provide a 24-hour answering service line or device to receive customer calls. The Route Supervisor and all collection vehicles must be equipped with 2-way communication devices. Contractor's personnel will be trained both in program operations and in customer service and insure that all personnel maintain a positive attitude with the public and in the work place and shall: a) Conduct themselves at all times in a courteous mariner and use no abusive or foul language. b) Perform their duties in accordance with all existing laws and ordinances and future amendments thereto of the Federal, State of Minnesota, and local governing boards, c) Be clean and presentable in appearance, as so far as possible. d) Wear a uniform and employee identification badge or name tag. e) Drive in a safe and considerate mamer. f) Manage containers in a careful manner, by picking them up, emptying their contents into the collection vehicle, and placing - not throwing or sliding - the container back in its Curbside location so as to avoid spillage and littering or damage to the container. g) Monitor for any spillage and be responsible for cleaning up any litter or breakage. h) Avoid damage to property. i) Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. j) Be in possession of a valid Minnesota Commercial Driver's License (CDL). 3.5 Point of Collection Except as specified by the City for collection from the municipal facilities, all Recyclable Materials collection service will occur at the Curbside. 3.6 Recycling Containers The City has made Curbside Recycling Container available for use by Household Units in the dual-stream curbside recycling program. Curbisde Recycling Containers shall not be a prerequisite to participate in the Curbside Recycling Service. Other container types such as brown paper grocery bags, boxes, and bins are acceptable to the extent that route drivers readily recognize them as containing Recyclable Materials. For the municipal facilities to be served hereunder, the Contractor will provide two standard carts whose size shall be approximately 60-gallons. The carts shall be uniform and consistent in color and design and have a recycling symbol, so as to be easily identified by those persons in the municipal facilities and the Contractor's driver as the container for Recyclable Materials collection. 3.7 Collection Recyclable Materials shall be placed at Curbside by each Household Unit in Curbside Recycling Containers, or any other container that can be reasonably identified as containing Recyclable Materials, by 7:00 a.m. on the designated collection day. On the designated collection day, Contractor shall empty all Recyclable Materials from the Curbside Recycling Containers or other container used by the Household Unit, and shall replace the Curbside Recycling Cotnainer at Curbside. Contractor shall provide Curbside Recycling Service once every week. 3.8 City Retains Right to Specify Resident Preparation Instructions It shall be the City's sole right and obligation to clearly specify the Household Unit's sorting and setout requirements consistent with this Contract. Such information shall be included in the City's public education flyers and web pages as well as any public education pieces distributed by the Contractor(s) as detailed in Section 3.23.2 of this Contract. 3.9 Procedure for Unacceptable Recyclable Materials If Contractor determines that a Household Unit has set out unacceptable or Non-Ttargeted Recyclable Materials, the driver shall use the following procedures: 3.9.1 Driver Education TaQ 6 Contractor shall leave the Non-Targeted Materials in the Household Unit's Curbside Recycling Container and leave a City approved "education tag" indicating acceptable materials and the proper method of preparation. 3.9.2 Recording Addresses with /Unacceptable Materials Contractor's drivers shall record the address on forms acceptable to the City. Contractor shall report the address to the City at the end of each collection week. If this procedure for handling Non-Targeted Materials is not feasible for single-stream collection systems, the Contractor must so specify and explain alternative public education system to maintain and improve quality of Recyclable Materials set out by Household Units. 3.10 Collection Days The Contractor shall collect Recyclables on designated collection days once every week. As of the date of execution of this Contract, designated collection days are Wednesday for the "mainland" and Thursday on "The Islands". 3.11 Collection Hours Contractor shall maintain sufficient equipment and personnel to assure that all collection operations commence no earlier than 7:00 a.m. and are completed by 6:00 p.m. on the scheduled collection day. 3.12 Cleanup Responsibilities Contractor shall adequately clean up any materials spilled or blown during the course of collection and/or hauling operations. As stated in Sec. 3.3 of this Contract, all collection vehicles shall be equipped with a broom and shovel for use in cleaning up any spills. Any unacceptable materials left behind should be secured within the Household Unit's Curbside Recycling Container, if provided. The Contractor's driver shall take all precautions possible to prevent littering by Contractor of unacceptable Recyclable Materials. Contractor shall have no responsibility to remove any items that are not Recyclable Materials and may reject the collection of any Curbside Recycling Container containing unacceptable material. 7 3.13 Missed Collection Policy Procedures In the City's public education information, Household Units will be directed to call the Contractor for missed collections and other service issues. The Contractor shall designate a staff person as an account representative for the City. A direct phone number (e.g., cellular phone, etc.) shall be provided for City staff to use for proposes of communicating immediate service needs. The Contractor shall also designate a back-up contact person, including a corresponding second, direct phone number. These Contractor phone numbers will not be published in public education literature, but rather used by City administrative staff. The Contractor shall have a duty to pick up missed collections provided that the Household Unit has complied with all setout requirements. Contractor agrees to pick up all missed collections on the same day that the Contractor receives notice of a missed collection, provided notice is received by Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, Contractor agrees to pick up that missed collection before 6:00 p.m. on the business day immediately following. Contractor shall provide staffing of a telephone-equipped office to receive missed collectioil complaints between the hours of 7:00 a.m. and 5:00 p.m. on weekdays, except holidays. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after hours. Contractor shall keep a log of all calls, including the subject matter, the date and time received, the Contractor's response, and the date and time of response. This information shall be provided to the City in a monthly report. 3.14 Non-Completion of Collection and Extension of Collection Hours If Contractor determines that the collection of Recyclable Materials will not be completed by 6:00 p.m. on the scheduled collection day, Contractor shall notify the City contact person by 4:00 p.m., and request an extension of the collection hours. Contractor shall inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. 3.15 Severe Weather Curbside Recycling Service may be postponed due to severe weather at the sole discretion of the Contractor. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. 3.16 Holidays The City shall inform Household Units of alternate collection days for holidays. Holidays refers to any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other holidays mutually agreed to by the City and Contractor. In no instance will there be more than one holiday during a collection week. When the scheduled collection day falls on a holiday, collection for that day will be collected one day later. 3.17 Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip or electronic equivalent with the date, time, collection route, driver's identification, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed quarterly or semi-annually to obtain a tare weight. Paper or electronic versions of each weight ticket shall be maintained on file by the Contractor for at least three years in the event of an audit by the City. 3.18 Unauthorized Collection Contractor shall be the exclusive provider for the collection, removal and disposal of Recyclable Materials from Household Units within the City for the term of this Contract. . The Contractor's employees may not collect or scavenge through recycling in any manner that interferes with Curbside Recycling Services. The City shall take all necessary actions to enforce the Contractor's exclusive right to provide the services contemplated herein. The Contractor shall report to the City any instances of suspected scavenging or unauthorized removal of Recyclable Materials from any collection containers. 3.19 Utilities The Contractor shall be obligated to prevent damage by Contractor to all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations in performing its obligations hereunder, Contractor shall repair or replace the same or, failing to do so promptly, the City shall cause repairs or replacement to be made and the cost of doing so shall be deducted from payment to be made to the Contractor. 3.20 Damage to Property The Contractor shall take all necessary precautions to protect public and private property. Except for reasonable wear and tear, the Contractor shall repair or replace any private or public property, including, but not limited to sod, mailboxes, or Curbside Recycling Container, which are damaged by the Contractor. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within forty-eight (48) hours with property of the same or equivalent value at the time of the damage. If the Contractor fails to address the repair or replacement damaged property within forty-eight (48) hours, the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City for any of its reasonably incurred expenses. The Contractor shall reimburse the City for any such expenses within ten (10) days of receipt of the City's invoice. 3.21 Municipal Facilities The Contractor will provide free recycling dual-stream cart service, at least every week at each City municipal building as follows: City Hall 5755 Country Club Road Southshore Center 5735 Country Club Road 9 Public Works 24200 Smithtown Road Excelsior Fire District 24100 Smithtown Road South Lake Minnetonka Police Department 24150 Smithtown Road The Contractor will provide carts (wheeled carts with lids, with approximately 64-gallons capacity) or other mutually agreed upon containers to facilitate that service. The carts shall be labeled by the Contractor with appropriate stickers to identify the acceptable recyclable commodities. 3.22 Reports and Meetings 3.22.1 Materials Reports The Contractor will report, on a monthly and yearly basis, the following information regarding the City Recyclable Materials quantities (in tons): • Number of curbside recycling "stops" (i.e., number of households with recyclables set out at the curb) per collection (i.e., weekly stop count); • Gross amounts of Recyclable Materials collected, by type (per methods used in Sections 4.3 through 4.5 of this Contract); • Net amounts of Recyclable Materials marketed, by type; • Amounts of Recyclable Materials stored, by type, with any notes as to unusual conditions; • Amounts of Process Residuals disposed; and • Composition of Process Residuals disposed. Monthly reports shall be due to the City by the 15t" day of each month for material collected by the Contractor during the preceding calendar month. Annual reports to the City shall be due by the last day of January for Recyclable Materials collected by the Contractor during the preceding calendar year. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City's recycling programs (e.g., public education, reduction of Non-Targeted Materials, etc.). 3 22 2 Monthly Customer Relations Report Each month the Contractor shall provide the City with the following reports: • A list of all customer complaints, including a description of how each complaint was resolved. • A list of all addresses where education tags were left for Household Units and why the tags were left. • A list of all missed pick ups reported to the Contractor. The monthly reports shall be sent by mail, fax or e-mail to the City' contact person(s). 3 22 3 Annual Performance Review Meeting 10 Upon receipt of the Contractor's annual report, the City shall schedule an annual meeting with the Contractor. The objectives of this annual meting will include (but not be limited to): • Review Contractor's annual report, including trends in recovery rate and participation. • Efforts the Contractor has made to expand recyclable Markets. • Review Contractor's performance based on feedback from residents to City staff. • Review Contractor's recommendations for improvement in the City' recycling programs, including enhanced public education and other opportunities. • Review staff recommendations for improving Contractor's service. • Discuss other opportunities for improvement with the remaining years under the current Contract. 3.23 Publicity, Promotion, and Education 3 23 1 Citv - Provided Public Education The City shall prepare and distribute recycling information to Household Units during each year. For example, the City may produce brochures with the annual calendar of recycling collection dates, include articles in its newsletter, and/or include recycling instructions on its web sites. 3.23.2 Contractor - Provided Public Education The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified preparation instructions. At a minimum, this shall include distribution of education tags to be left by collection crews if any Non-Targeted Material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before distribution of any such literature. The Contractor shall distribute its own public education information, including at a minimum those items listed in its proposal responsive to the RFP. The City's recycling contact person(s) must first approve the educational materials. The Contractor is encouraged to work with the City in developing im-lovative financial incentives that will help residents, businesses and institutions increase their Recyclables and decrease their mixed solid waste. 4. MATERIALS PROCESSING AND MARKETING 4.1 Processing Facilities Must Be Specified It is intended that all Recyclable Materials collected by the Contractor will go to recycling Markets to be manufactured into Recycled Content Products. The Contractor shall assure the City that adequate Recyclable Material Processing capacity will be provided for Recyclables collected so long as there is a Market for such Recyclables. The 11 location of the Recyclable Materials Processing facility where material collected from the City will be delivered and/or processed shall be at 725 44"' Avenue North, Minneapolis, Minnesota 55412, which facility may be changed from time to time, at Contractor's sole discretion, during the term hereof. The Contractor shall provide written notice to the City at least 60 days in advance of any substantial change in these or subsequent plans for receiving and Processing Recyclable Materials collected from the City. Upon collection Contractor shall deliver Recyclable Materials to a Recyclable Materials Processing Center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a Processing Center or end market. Contractor shall not transport for disposal or to dispose of designated Recyclable Materials in a mixed municipal solid waste disposal facility (except to the extent such materials are Non-Targeted Materials, Process Residuals, Waste or to the extent such materials are contaminated or cannot be Marketed by the Contractor's designated Processing Center). Contractor shall assure that all Recyclable Materials collected in the City are not landfilled, composted or incinerated except as otherwise provided herein.. The Contractor shall dispose of no more than 7% of material (by weight) as Process Residuals as part of Recyclable Materials Processing operations. No Recyclable Materials will be landfilled, composted or incinerated by the Contractor without written authorization from the City and the Minnesota Pollution Control Agency / Office of Enviromnental Assistance, except as otherwise may be provided herein. 4.2 Lack of Adequate Market Demand In the event that the Market for a particular type of Recyclable Material ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, Processing and marketing of that particular material, the Contractor shall give written notice to the City. The notice shall include information demonstrating the effort the Contractor has made to find market sources, and the financial information justifying the conclusion that the Market is economically unfeasible. At such conclusion, the City and the Contractor will both agree in writing that such material shall be deemed a Non-Targeted Material and no longer subject to collection hereunder. Household Units shall be notified by the Contractor or City if such material is later determined to be a Non-Targeted Material and shall no longer dispose of such material in its Curbside Recycling Container. Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date to cease collection of the material in question. Contractor shall at all times be under a duty to minimize Recyclable Materials ending up in landfill or incineration. If such disposal becomes necessary, Contractor shall dispose of the materials at a facility mutually agreed upon by the parties. 4.3 Estimating Tonnage of Recyclables by City Contractor is not required to scale each City's load separately. Therefore, it is recognized that the Contractor will use some means of calculating estimated tonnage amounts allocated to each City (e.g., using standard rates per household served or per recycling set-out). The Contractor shall provide clear descriptions of the means used to calculate recycling tonnage by City. Assumed rates and calculation methods shall be included in the proposal. 12 4.4 Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City's Recyclable Materials each year to estimate the relative amount by weight of each type of Recyclable Material by grade or offer a suitable alternative to a composition analysis. The results of this analysis shall include: (1) percent by weight of each type of Recyclable Material by grade as collected by Contractor from within the City; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City's route(s) used for sampling. The Contractor shall provide the City with a copy of each analysis. City staff will help coordinate the sampling and shall be invited by the Contractor to be present for the sorting. 4.5 Estimating Process Residuals The Contractor shall provide the City a written description of the means to estimate Process Residuals, as defined in 2. 18, derived from the City's Recyclable Materials. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the Processing facilities used by the Contractor. 4.6 Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this Contract. Substandard performance as determined by the City will constitute non-compliance. If action to correct such substandard performance is not taken by the Contractor within 60 days after writtin notice from the City, the City may initiate the Contract termination procedures described herein. 4.7 End Market Certification The Contractor shall provide written certification to the City that all Recyclable Materials will be recycled and not disposed. Upon request by the City, the Contractor shall provide the City with reasonable documentation that all Reyycable Materials have been recycled. 5. PAYMENT AND DAMAGES 5.1 Compensation for Services The City shall, pay the Contractor for services provided pursuant to this Contract on a monthly basis at the rates set forth herein. The rates payable by the City to Contractor shall be $2.50 per Household Unit per collection (the "Per Household Unit Rate"). The rates due and payable hereunder may not be increased without the written consent of the City, except for the following: rates shall be increased to reflect any increased costs actually incurred by Contractor due to (a) any change, interpretation or imposition of any law, rule or regulation; (b) increased costs of disposal; (c) the imposition of any governmental tax or surcharge on the cost of providing the services contemplated herein. Any such increase shall be evidenced by documentation provided by Contractor to the City, upon request of the City made at the time of the increase. Contractor may petition the City for any other rate adjustments from time to time. 13 On or about November 1st of each year of this Contract, the City will review the number of Household Units and notify Contractor of any changes. The current Household Unit count is 2,796. The parties shall use City records and a physical count of the number of Household Units to determine the total number of Household Units the Contractor shall provide Curbside Recycling Service. A physical house count shall be conclusive as to the official count of Household Units receiving collection service in the event the City's records and a physical house count are inconsistent (the "Official House Count"). The Official House Count may be adjusted monthly to reflect the actual number of Household Units being serviced hereunder. Contractor shall submit itemized bills for Curbside Recycling Services rendered to the City on a monthly basis and the City shall pay the Contractor no later than 30 days from the date of the invoice The Contractor shall submit the monthly documentation and reports as detailed in Section 4.22 with the monthly bill. Payment to the Contractor will not be released unless the required paperwork is included in the monthly bill or submitted separately according to the deadlines as specified in Section 4.22. 5.2 Liquidated Damages The Contractor shall agree, in addition to any other rernedies available to the City, that the City may withhold payment to the Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligations. It is understood by both parties that the City shall only withhold such liquidated damages as a last resort to resolve a repeated problem with the Contractor's service. As soon as it learns of a service problem, the City shall communicate both verbally via telephone and in writing. This communication shall itemize the known data about the problem and a proposed resolution. Notwithstanding the above communication procedures, the following acts or omissions shall be considered a breach of this Contract: a) Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional mamler - $50 per incident. b) Failure to collect properly notified missed collections (per Section 3.13 of this Contract) - $250 per incident. c) Failure to provide monthly and annual reports (per Section 3.22 of this Contract) - $100 per incident. d) Failure to complete the collections within the specified timeframes (per Sections 3.11 and 3.14 of this Contract) - $100 per incident e) Failure to clean up from spills during collection operations (per Section 3.12 of this Contract) - $250 per incident f) Failure to report on changes in location of Recyclable Materials Processing operations (per Section 4.1 of this Contract) - $250 per incident. g) Exceeding the maximum Process Residuals rate (per Section 4.1 of this Contract) - $1,000 per exceedence (defined as a percentage of total weight). 14 h) Failure to receive a City's written approval of changes to the recycling collection and Processing systems prior to implementing any such change (per Sections 3.6, 3.7, 3. 10, and 4.1 of this Contract) - $5,000. i) Failure to conduct annual composition analysis or agreed upon alternative (as specified in Section 4.4 of this Contract) - $5,000 per incident. j) Failure to provide written description of the means to estimate relative amount of Process Residuals derived from the City's Recyclable Materials (as per Section 4.5 of this Contract) - $100 per incident. k) Failure to attend annual review meetings - $500 per incident. The Contractor shall be liable for liquidated damages amount(s) upon determination of the City that performance has occurred that is not consistent with the provisions of the Contract. The City shall notify Contractor in writing or electronically of each act or omission discovered by the City. It shall be the duty of the Contractor to take whatever steps or action may be necessary to remedy the cause of the complaint. The City may deduct the full amount of any damages from any payment due to the Contractor. The remedy available to the City under this paragraph shall be in addition to all other remedies which the City may have under law or at equity. Exceptions: For the purposes of this Contract, the Contractor shall not be deemed to be liable for penalties where its inability to perform Curbside Recycling Services is the result of conditions beyond the control of the Contractor, including but not limited to civil disorder, acts of God, inclement weather severe enough that trucks cannot safely take collections, labor disputes, provided however, that the Contractor shall obtain the approval for the delay from the City's contact person(s) or its designee(s) prior to 4:00 p.m, of the scheduled collection day, which approval shall not be unreasonably withheld. 6. INSURANCE AND OTHER LEGAL REQUIREMENTS 6.1 Insurance insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of this Contract and shall remain continuously in force for the duration of this Contract. The Contractor must obtain the following insurance coverage with these minimum levels of coverage: Worker's Compensation Insurance: Contractor's Public Liability Insurance: Property Damage: Automotive Insurance: Statutory $500,000 each/person $1,000,000 each/occurrence $500,000 each/person $1,000,000 each/occurrence $1,000,000 aggregate 15 6.2 Worker's Compensation The Contractor shall provide evidence of Workers Compensation insurance covering all employees of the Contractor and subcontractors engaged in the performance of this Contract, in accordance with the Minnesota Workers Compensation Law. 6.3 Employee Working Conditions and Respondent's Safety Procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable federal, state and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. 6.4 Equal Opportunity During the performance of this Contract, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor Regulations 41 CFR, Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such prohibition against discrimination shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. In the event of noncompliance with the non-discrimination clauses of this Contract, this Contract may be terminated, or suspended, in whole or part, in addition to other remedies as provided by law. 6.5 Compliance with Laws & Regulations In providing services hereunder the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided by Contractor hereunder. Any material violation shall constitute a material breach of this Contract. 6.6 Governing Law The laws of the State of Minnesota shall govern all interpretations of this Contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 6.7 Waiver Any waiver by either party of a breach of any provisions of the executed Contract shall not affect, in any respect, the validity of the remainder of the executed Contract. 16 6. Termination The City may terminate this Contract if the Contractor fails to fulfill its obligations under this Contract in a proper and timely manner (except if Contractor is excused from performance as provided herein), or otherwise violates the terms of this Contract if the default has not been cured after 30 days written notice has been provided by the City or if a longer period of time is required to cure and Contractor has not commenced to cure such breach and diligently pursued to remedy such breach within 30 days of written notice from the City or such period of time which may be extended by the City. The City shall pay Contractor for services rendered on and prior to the date of termination less any reasonable damages and costs incurred by the City as a result of the breach by Contractor. If the Contract is terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor as specified in this Contract shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 6.9 Severability The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the same Contract. 6.10 Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract. 6.11 Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of three years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this Contract shall be retained for three years after final disposition of such property. 6.12 Data Practices The parties agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. A party must immediately report to the other party any requests from third parties for information relating to this Contract and the other party agrees to respond promptly to inquiries from the first party concerning data requests. 6.13 Inspection of Records and Disclosure All Contractor records with respect to any matters as specified in this Contract shall be made available to the City or its duly authorized agents at any time during normal business hours, as often as the City deem necessary to audit, examine and make excerpts or transcripts of all relevant data. 17 6.14 Independent Contractor Nothing contained herein is intended to, nor shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. 6.15 Transfer of Interest The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in this Contract either by assignment or novation, without the prior written approval of the City. The Contractor shall not subcontract any services under this Contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate termination hereof. 6.16 Non-Assignability The parties hereby agree that, except by operation of law, Contractor shall have no right to assign or transfer its rights and obligations without written approval from the City, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, a sale of 51% or more of Contractor's business shall require consent from the City. 6.17 Bankruptcy In the event the Contractor, its successors or assigns files for Bankruptcy as provided by federal law, this Contract shall be inmmediately terminated relieving all parties of their Contract rights and obligations. 6.18 Indemnification The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this Contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Contract. 6.19 Performance & Payment Bond Contractor shall execute and deliver to the City a Performance and Payment Bond with the corporate surety in the sum of $25,000 or equal ("equal" may include a Letter of Credit from a banking institute approved by each City). This Contract shall not become effective until such a bond, in a form acceptable to the City, has been delivered to the City and approved by its City Attorney. 18 This Contract shall be subject to termination by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of this Contract. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. 6.20 Conflict of Interest Contractor agrees that no member, officer, or employee of the City shall have any interest, direct or indirect, in the execution of this Contractor or the proceeds thereof. Violation of this provision shall cause this Contract to be terminated by the City. 6.21 Entire Contract This Contract, the Contractor's proposal in response to the RFP and the RFP constitutes the entire agreement of the parties and supersedes all verbal agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. If any provision of the Contract, the RFP or Contractor's proposal is in conflict, they shall take precedence in the following order: 1) this Contract; 2) Contractor's proposal; 3) RFP. 6.22 Contract Conditions The Bond and Certificate of Insurance shall be provided upon execution hereof. 7. TERM OF CONTRACT 7.1 Original Term of This Contract The initial term of this Contract shall be for a period of thirty-three (33) months commencing April 1, 2007 and ending December 31, 2009. 7.2 Contract Extension This Contract may be extended by mutual agreement of the parties. The term of any extension shall be for twenty-four (24) months from January 1, 2010 through December 31, 2011. The City shall notify the Contractor in writing of the City's intent to extend this Contract by June 30, 2009. The Contractor shall reply in writing of the Contractor's intent to accept the Contract extension by July 31, 2009. The Contract extension shall be executed in writing no later than September 30, 2009. 8. CONTRACT AMENDMENTS This Contract including the Contractor's proposal in response to the LMRG RFP and any written clarifications or modifications to the contents thereof submitted by the Contractor, forms the full 19 and complete agreement of the parties of the matters contemplated herein. Any amendments to this Contract shall be valid only when reduced to writing, and duly signed by the parties. 9. SIGNATURES TO EXECUTE THIS CONTRACT IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. The Contractor: Veolia ES Solid Waste Midwest, LLC By By City of Shorewood: B3N kc )-(W.. Christine Lizee, Mayor By APPROVED TO FORM By c=- Timothy J. Kean,-, City Attorney 20 Table of Contents 1. CONTRACT PREAMBLE 1 2. DEFINITIONS 1 2.1 Aluminum Cans 1 2.2 Contractor (new) 1 2.3 Curbside 1 2.4 Curbside Recycling Container 2 2.5 Curbside Recycling Service 2 2.6 Fiber ....................................................................................................................2 2.7 Glass Jars and Bottles 2 2.8 Household Office Paper and Mail (HOPM) 2 2.9 Markets 2 2.10 Materials Recovery Facility (MRF) 2 2.11 Multi-Family Dwellings (MFD) 2 2.12 Non-Targeted Materials 2 2.13 Old Boxboard (OBB) 2 2.14 Old Currugated Cardboard (OCC) 3 2.15 Old Magazines (OMG) 3 2.16 Old Newspaper (ONP) 3 2.17 Plastic Bottles 3 2.18 Process Residuals 3 2.19 Processing 3 2.20 Processing Center 3 2.21 Recyclable Materials or Recyclables 3 2.22 Recycled Content Products 3 2.23 Request for Proposals (RFP) 4 2.23 Revenue Sharing 4 2.24 Steel Cans 4 2.25 Waste 4 3. GENERAL REQUIREMENTS FOR ALL COLLECTIONS 4 3.1 Contractor Service Requirements 4 3.2 Contractor Licensing Requirements 4 3.3 Collection Vehicle Equipment Requirements 4 3.4 Personnel Requirements 5 3.5 Point of Collection 5 3.6 Recycling Containers 5 3.7 Collection ...........................................................................................................6 3.8 City Retain Right to Specify Resident Preparation Instructions 6 3.9 Procedure for Unacceptable Recyclable Materials 6 3.9.1 Driver Education Tag 6 3.9.2 Recording Addresses with Unacceptable Materials 6 3.10 Collection Days 7 3.11 Collection Hours 7 21 4. 5. 6. 3.12 Cleanup Responsibilities 7 3.13 Missed Collection Policy & Procedures . 7 3.14 Non-Completion of Collection and Extension of Collection Hours . 8 3.15 Severe Weather . 8 3.16 Holidays . 8 3.17 Weighing of Loads . 3.18 Unauthorized Collection . 8 3.19 Utilities . 8 3.20 Damage to Property . . 9 3.21 Municipal Facilities . 9 3.22 Reports and Meetings . 9 3.22.1 Materials Reports . 9 3.22.2 Monthly Customer Relations Report 10 3.22.3 Annual Performance Review Meeting 10 3.23 Publicity, Promotion, and Education 10 3.23.1 City - Provided Public Education 10 3.23.2 Contractor - Provided Public Education 10 MATERIALS PROCESSING AND MARKETING 11 4.1 Processing Facilities Must Be Specified 11 4.2 Lack of Adequate Market Demand 11 4.3 Estimating Tonnage of Recyclablesby City 12 4.4 Estimating Materials Composition as Collected 12 4.5 Estimating Process Residuals 12 4.6 Performance Monitoring 12 4.7 End Market Certification 12 PAYMENT AND DAMAGES 13 5.1 Compensation for Services 13 5.2 Revenue Sharing 13 5.3 Liquidated Damages 13 INSURANCE AND OTHER LEGAL REQUIREMENTS 14 6.1 Insurance 14 6.2 Worker's Compensation 15 6.3 Employee Working Conditions and Respondent's Safety Procedures 15 6.4 Equal Opportunity 15 6.5 Compliance with Laws & Regulations 15 6.6 Governing Law 15 6.7 Waiver 16 6.8 Termination 16 6.9 Severability 16 6.10 Accounting Standards 16 6.11 Retention of Records 16 6.12 Data Practices 16 6.13 Inspection of Records and Disclosure 16 6.14 Independent Contractor 17 6.15 Transfer of Interest 17 22 6.16 Non-Assignability 17 6.17 Bankruptcy 17 6.18 Indemnification... 17 6.19 Performance & Payment Bond 18 6.20 Conflict of Interest 18 6.21 Entire Contract 18 6.22 Contract Conditions 18 7. TERM OF CONTRACT 18 7.1 Original Term of This Contract 18 7.2 Contract Extension 18 8. RFP AND CONTRACTOR'S PROPOSAL SHALL BECOME PART OF THIS CONTRACT BY REFERENCE 19 9. PAYMENT TERMS 19 9.1 Per Household Collection Fee 19 9.2 Household Count 19 9.3 Other 19 10. CONTRACT AMENDMENTS 19 11. SIGNATURES TO EXECUTE THIS CONTRACT 20 23 City Shorewood CURRENT PROGRAM The City of Shorewood currently collects recycling curbside weekly using Veoila Environmental Services as the recycling contractor. Collection occurs for mainland properties on each Wednesday; Island properties each Thursday. The following items are collected curbside in a dual sort collection system: Bin #1 • Mixed cans, glass, and plastic bottles with a neck. Bin #2 or other container • Mixed paper including newsprint, magazines, advertising, junk mail, telephone books, and scrap paper. • Boxboard, such as cereal boxes, shoe boxes, and gift boxes. Bundled separately: • Corrugated cardboard flattened and bundled no larger than 3 feet X 3 feet. Cities around Shorewood, including Mound, Excelsior, Greenwood and Deephaven all use a single sort recycling system with an every-other-week collection. The City of Mimletonka currently uses a dual collection system like Shorewood. The cities of Chanhassen and Victoria have residents contract with their garbage hauler for recycling services. Tonka Bay has been dual sort, but they are currently in negotiations for a new contract and do not yet know the final decision on single or dual sort. The other cities listed collect the same items as Shorewood. Organics Recycling The main item we could begin to collect curbside is organics. Organics recycling has become popular and is being offered by several cities around Shorewood, and is being evaluated by most others. Organics recycling increases the waste being diverted from landfills considerably. In Hennepin County, the following items are part of the organics recycling program: • All Food Waste (including meat and bones) • All Soiled Paper Products including the following: o Paper cups and plates; Paper towels, placemats, and napkins; Milk and juice cartons; Parchment paper; Paper bags; Pizza boxes and other paper food containers; Coffee filters; Teabags; Waxed cardboard boxes • Other Compostable Items o Floral trimmings; Plants; Paper vacuum bags • Certified Compostable Plastic Foodservice items Organics recycling is generally handled by the garbage haulers, although Veolia did comment that they would be willing to offer such a service in Shorewood. We do run into a problem in Shorewood with our current ordinance. It allows for garbage and recycling pick-up on only one day. Haulers generally need to pick-up organics on a separate day. Report City of Roseville Recycling Pilot Program Summary Ramsey County, Minnesota December 2005 City of Roseville Recycling Pilot Program Executive Summary Overview The City of Roseville, Minnesota (City) conducted a pilot study in 2004 to help refine its curbside recycling program to capture more recyclable material. The pilot analyzed the impacts that various collection methods have on the quantity and quality of residential recyclable materials collected curbside, as well as impacts on customer participation. The project team of R. W. Beck, Inc. and Dan Krivit and Associates (Project Team) was retained by Ramsey County (County) to assist the City with this pilot project to: ■ Assist with the design of the pilot; ■ Conduct a recyclable materials composition assessment; ■ Analyze the results of the field evaluation; and ■ Produce a final recycling pilot project summary based on all available data and project reports produced by City staff, County staff, and the Project Team. Directed by City staff, the pilot study included field tests of different strategies for providing curbside recycling collection services, analysis of data gathered from recyclable material composition sorts, a survey of residents before and after the pilot, gathering of set-out and participation data, and an examination of contamination issues. Waste Management, Inc., the existing City recycling contractor, conducted the collection operations of the pilot project. Pilot Study Methodology It was determined that key program parameters could be tested in a pilot collection project by comparing different collection approaches in different neighborhoods within the City. The collection approaches that were tested are summarized below in Table ES-1. B1605 Roseville Recycling Pilot Program Summary Table ES-1 Pilot Study Components Monday Monday Tuesday Wednesday Thursday Friday Single- Single- Increased Increased Larger Bin Control Stream Stream Frequency Education Capacity (Current Contrast System) Frequency of Every other Every other Weekly Every other Every other Every other Collection week week week week week Bins/Carts 64-gallon 64-gallon 18-gallon bin 18-gallon bin Two 22- 18-gallon bin cart cart gallon bins with wheels Added Only Only Only Extra Only None Education pertaining to pertaining to pertaining to educational pertaining to new sorting new sorting new materials new bin system system frequency of capacity collection Demographics Similar Newer Similar Similar Similar Slightly homes & higher more average affluent than income than other pilot other pilot areas areas except Contrast Results of Pilot Program Material Composition Assessment To compare the types and quantities of recyclable and non-targeted materials collected in each of the various pilot study areas, the pilot program included detailed material composition sorts and analysis. For each pilot route (including the Control route), one field sort was conducted in the two-month "Before" period (June-July 2004) and two field sorts were conducted in the four-month "During" period (August-November 2004). The statistical analysis measured if there was a statistically significant change in the percentages of the various recyclable materials, and/or the actual weight of certain materials in the pilot areas. The overall results from the analysis reflect that the composition of materials collected for recycling changed significantly with single-stream but did not change significantly with any of the dual-stream variations (increased frequency, increased capacity, increased education). ES-2 Bros Executive Summary The percentage of non-targeted materials (at the curb) in the single-stream routes were higher than the percentage of non-targeted materials found on the same routes collected as dual-stream routes in the "Before" period. The percentages of non- targeted materials in the single-stream routes were higher than the percentages of non- targeted materials found in the combined "During" dual-stream pilot routes. Tonnages of Material Collected Average gross weights (all tonnages, including non-targeted materials) collected per route for each week of the study for which data was collected (three weeks in the "Before" period, and five weeks in the "During" period for the dual-stream routes, nine weeks for the Weekly route) were calculated. These gross weights were then converted to an average gross weight collected per household per route. Weights of non-targeted materials included by residents with their recyclables were calculated for each pilot area. Overall, non-targeted materials in the "During" single- stream areas were found to be statistically significantly higher than the dual-stream "Before" areas. Using this contamination data from the composition study, the gross weights per household were then adjusted by subtracting the non-targeted materials to determine the net pounds of targeted recyclable materials per household collected per route in the "Before" and "During" periods for each pilot area, as shown below in Table ES-2. si605 ES-3 0 O. d r C 'O C A m O v., N O CL N W } y U C-)0 S S L d C. cn C O O CL d Z O C N O.. E O V ~ U U U ~ C 0.1 cn N N ~ N ~ rn rr rn co GC. ca o co r` co ri d = co m N M M m O S` d ~ ~ d i 7 R L C) N D7 M M O c- N CO N O CO C J M N D'N N N O O ( C ) C V N y Z ~ O N a c0 d Q c/) 70 N C J 2 Q N U co m CO c) CO r- 07 CO M = m - 6) F O N ~ N N Z O Q N U E N U N m L U Q O CS C M O M CO M N O a y.+ f/Y 'C Q N c6 r: N rn +U+ = N N N N N CE O cu Q y O) d 0 O r: N r d' co N 0 C37 O = p rn ~ ~ t-, m J N Z O U ) CO Vf .7 > < U) 6 (1) C ID Q L) M M r- M M r M O -,:j- R = - O CO O N 0 Z Q N N N U (6 ~ C L LU m O CO cn p U a O = Cn a Q C 0 U Cn I i ~ I I d .c a 0 n 0 m t E 0 R E a 21 m O E 0 3 m 3 0 m m U "O m ~ a Q N C N N ~ U L N m E y ~ .c rn ` m ~ C N O T C _p m ~ NO U ~ U Q ~ m m z, o m ~ c ro ~ Q ~ Comparing the tonnages collected before and during the pilot: ■ The single-stream routes resulted in statistically significant increases in total tonnages recovered, even when their relatively high portions of non-targeted materials were subtracted out, as compared to the same areas collected as dual- stream routes in the "Before" period. ■ The Larger Bin Capacity route resulted in a statistically significant increase in total tonnage recovered, net of non-targeted materials, as compared to the same area collected in the "Before" period. Table ES-2 compared the pilot routes in which the recyclable materials were collected every other week. Because the Tuesday pilot route was collected weekly, the pounds collected per household were not comparable to those collected every other week, so a comparison of the weekly routes was conducted separately. During the pilot, the average gross pounds of recyclable material collected per household on the weekly route was 14.95 pounds. The average pounds of non- targeted materials per household was .55 pounds per week, resulting in the net pounds per household per week of 14.40 pounds. The effects of weekly collection of recyclable materials can be compared to every other week collection on an annual basis. Table ES-3 below shows the projected annual pounds per household for each route, based on the average pounds collected per collection event during the pilot, net non-targeted materials. Table ES-3 Comparison of Projected Pounds Per HH Per Year Average Pounds Collected Per Estimated Collection Event Pounds Per During Pilot' HH Per Year Mon. SS 28.16 732.16 Mon. - SS Contrast 34.39 894.14 Tues - Weekly 14.40 748.80 Wed. - Addt'I Educ 25.30 657.80 Thurs. - Larger Bins 26.87 698.62 Fri. - Control 26.86 698.36 I Net non-targeted materials As reflected above, weekly collection resulted in annual quantities collected that are comparable to the single-stream pilot route. 81605 Roseville Recycling Pilot Program Summary Set-out and Participation es City staff conducted field audits of each pilot route, each collection week in order to collect accurate set-out data by identifying households that had curbside recycling bins or carts set out for collection. The results of the set-out data analysis showed that the routes with the largest increase in the number of set-outs were the single-strearn route and the Larger Bin Capacity route. Participation was defined as a household that set out recyclable materials at least once during the six collection events of the pilot routes collected every other week, and at least once during the first six collection events and once during the second six collection events of the pilot route collected weekly. The pilot route with the largest increase in participation was the Larger Bin Capacity route. Customer Attitudes The City conducted two mail surveys, before and after the pilot study. About one-half of pilot program participants responded to each of the mail surveys. In the pre-survey, 39 percent of respondents stated that a financial rebate would motivate them to recycle more. In the post-survey, when asked if they would be willing to pay more for the cart system, 49 percent in the single-stream pilot stated yes, and 64 percent in the single- stream contrast pilot stated yes. Of the weekly route respondents, 45 percent stated they would be willing to pay more for increased collection frequency. The survey results are summarized in detail in Table 11 of the report. Conclusions The Project Team has summarized the results of the City's recycling pilot program as follows: ■ The largest increase in the number of set-outs occurred in the single-stream and larger bin capacity routes. ■ The largest increase in participation occurred in the larger bin capacity routes. ■ The largest increase in quantities of material collected per household occurred in the single-stream and larger bin capacity routes. ■ Based on the tonnages collected during the pilot routes, it is estimated that on an annual basis, the amount of recyclable materials collected weekly would be comparable to the quantities collected on a single-stream route. ■ The composition of the single-stream routes showed increased percentages of paper collected, decreased percentages of metals, glass and plastic, and an increase in the percentages of non-targeted materials. However, the net quantities collected in the single-stream routes were greater than the dual-stream routes. ■ The pilot route that was provided increased public education materials did not result in a statistically significant increase in the quantity of materials set out at the curb. ES-6 Bros Executive Summa Opportunities for improving curbside recycling in any given municipality are truly program-specific. The City of Roseville has a very mature program and its pilot program results may differ if compared to other programs. Cities need to decide the optimal curbside recyclable materials collection program based on a range of issues including cost, materials recovery levels, participation, and customer preference. Recommendations The Roseville pilot project can provide lessons for other recycling program managers looking for opportunities to improve program performance. I. The implementation of single-stream recycling is a significant, visible change in residential recycling. Ramsey County municipalities should closely examine the available results from this Roseville pilot and other research projects referenced when evaluating alternative collection options such as single-stream. Single-stream collection, larger bin capacity, and/or increased frequency may foster an increase in quantities collected. 2. Ramsey County staff should continue policy discussions with the MPCA about the definition of "recycling" as it relates to glass. Glass is presently not considered recycling when used as landfill cover. 3. Municipalities should consider including RFP/bid and contract provisions for contractors to measure the various types of contamination. If a municipality elects to include such requirements, the municipality should also consider how to monitor and enforce such provisions for measurement of contamination. B1605 ES-7 5 5755 COUNTRY CLU_ -O/,J -NOREwOOD, M1-,ESOTA 55331-8927 (952) 474-3236 FAX (952) 474-0128 ® www.d.shorewood.mn.us s cityhall@d.shorewood.mn.us MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: February 18, 2009 SUBJECT: Technology Committee Report / Recommendations The Technology Committee met Thursday, February 5 and reviewed and discussed the proposals for telephone and data services. There were three vendors and all were comparable in terms of systems provided and total monthly costs for telephones and data. The vendors provided different approaches in providing the services from completely hosted telephone and data to on-site telephone and data. The committee suggested getting additional information from Warner Connect with the idea of using this company to provide services for the city. This company worked with the City of Plymouth in revamping their entire telephone and data infrastructure and reports from Plymouth were of high praise. Warner will develop a communications system using internet protocol telephones (VOIP). The system will interconnect City Hall and Public Works using two T 1 lines - one to City Hall and one to Public Works. Warner will provide our internet as well as host our website. The telephones will provide staff with Direct Dial lines, voice mail, unified messaging, call forwarding, and many other features we currently do not possess. On the data side, Warner will host our data back-up off site, provide regular user support and provide monthly on-site support in a manner similar to our previous agreement with Techies. Over time there is the possibility to migrate our servers off site to a hosted system with Warner. The implementation cost - all equipment, design work, installation, etc. is estimated at approximately $17,000. Ongoing monthly fees are estimated at $2,800. Our current output for phones, internet, data support is approximately $2,000 per month. I L0 PRINTED ON RECYCLED PAPER 2 - February 18, 2009 Recommendation - Phones / Data: the committee recommends working with Warner Connect to provide the telephone infrastructure for City Hall and Public Works in accordance with their proposal. We further recommend using Warner Connect to provide off-site data storage and disaster recovery for our data systems. The committee also discussed the issue of cell phones, smart-phones, and other mobile device usage and what employees should have such a device and if there is a policy. There is not a current policy on the use or reimbursement for use of a personal cell phone or other such device and no indication of who should be required or encouraged to carry one. We researched several other communities policies regarding providing these devices or providing reimbursement for use of personal devices for business use. Many communities provide a cell phone or PDA to specific personnel and allow other personnel to request reimbursement for business calls made on personal device. The committee put together a short policy on the use and reimbursement for cell phones and PDA's which is attached. The policy basically outlines the process for reimbursement as well as usage parameters for those devices provided by the City. As Shorewood is a small city, the committee felt the number of staff who should be required to have a PDA is limited. We felt that, based on the nature of the position and the general requirement of "24/7" access, the Public Works Director and City Administrator be required to carry a PDA or similar device and cover the cost for the plan. The Public Works Director is already on such a plan and I have acquired one as well. Recommendation - Mobile Communications: the committee recommends the Council adopt the attached "Mobile Communications Policy". CITE' OF SHO WOOD MOBILE COMMUNICATIONS POLICE' Purpose Mobile Communications such as cellular telephones, personal digital assistants (PDA's), smart phones, etc., provide employees with the tools necessary to communicate faster, access information while away from the office, become more productive, and provide greater services to the public. It is also understood such devices add to operating expenses and present possible security risk to the City. This policy is intended to manage costs and maximize security while ensuring necessary employees have the tools to be the most productive. Applicability The City of Shorewood will consider providing a cellular telephone or other mobile communications device to employees, or reimbursing employees for using their personal device for business purposes. The determination as to who shall be eligible shall be left to the employee's supervisor. The supervisor shall take in to consideration improvements to productivity, customer service, increased efficiency, and performance in making this determination. Acceptable Use Mobile communications devices provided by the City of Shorewood shall be used for business related purposes only (de minimus personal use exempted). Personal use of said device beyond "de minimus" shall be reimbursed by the employee at the per minute rate charged by the carrier. Employees using a City provided device shall review the monthly invoice and mark all activity of a personal nature and provide reimbursement for such activity within 10 days to the Finance Department. An employee issued a device by the City of Shorewood shall keep the device on and charged and on their person when away from the office. The employee is expected to provide the number for this device as the alternate contact number. Reimbursement for Use of Personal Device An authorized employee may use their personal device for business purposes and receive reimbursement for business use by the City based on the per minute rate charged by the carrier up to sixty (60%) percent of the total monthly contract amount. Misuse or Abuse An employee issued a City owned device that uses it for excessive personal business and does not reimburse the City for said use is subject to disciplinary action under the personnel policies. An employee who fraudulently claims reimbursement for business use on a personal device is subject to disciplinary action under the personnel policies. MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: February 18, 2009 SUBJECT: Southshore Center I advised the Council in the Friday update of the situation surrounding the changes at the Southshore Senior Community Center. As of March 1, 2009, the Friends of the Southshore Senior Center will no longer be managing the facility as they have in the past; in fact the group has dissolved. All assets were transferred to a new group, the South Shore Senior Partners. This group signed a five year agreement for space at the Center and will continue to provide programming under this new organization. It is my understanding the South Shore Senior Partners are not interested in entering into a lease agreement with the Cities to manage and run the facility. I spoke to Julie Hostetter who is the rental agent for the facility and she is going to stay on in this capacity until the end of March. She informed me there are two long term rental clients at present; the Excelsior Historical Society and the South Shore Senior Partners. The Church rents in six month increments and their existing agreement expires at the end of March. Julie further indicated there are several rentals booked through the end of the year. Drew Kriesel is the custodian/maintenance person for the facility. I have not spoken to him yet regarding the situation. He opens the building for renters, provides information to them regarding the care of the building and then come to clean when the event is completed. I also talked to the other city administrators about interim operations. The most critical at this point is establishing a fiscal agent to collect the checks and pay the ongoing operational bills for the center. Other issues include notification of existing renters and users of the center, contacting those who have booked the facility for future events, deciding the future of the building, establishing an operational structure and budget, etc. The Ad-hoc group working on the lease and cooperative agreement met on February 20 to discuss these issues. Attached is a document I prepared outlining a proposal for interim operations. MEMORANDUM TO: Jessica Loftus, Tonka Bay Administrator Kristi Luger, Excelsior Manager Dana Young, Deephaven Administrator Roberta Whipple, Greenwood Administrator FROM: Brian Heck, Shorewood Administrator DATE: February 18, 2009 SUBJECT: Southshore Senior Community Center Tom Anderson, President of the Board - Friends of the Southshore Senior Community Center - delivered a letter notifying all member cities to the Southshore Senior Community Center that the Friends have dissolved and are not going to be managing the operations of the Center effective March 1, 2009. Under the lease agreement with the Friends, the dissolution of the Tenant (Friends) terminates the lease. Beginning March 1, 2009, the member communities are responsible for the ongoing management and maintenance of the facility. We are not going to be responsible for any programming; we are going to be responsible for collecting the rent, paying the bills, marketing and securing rentals (in addition to the long term rentals), and day to day general care and maintenance of the facility. There are at least three long term renters as well as regular programming going on at the Center. There are a few immediate needs to workout to ensure these services and programs continue uninterrupted while a long term operational plan can be worked out. Below are my thoughts / suggestions to keep the facility going while we hammer out a long term solution. 1. There needs to be a fiscal agent to hold the rent and issue payment or arrange for payment of expenses related to the operations. I suggest Shorewood act in this capacity and continue to utilize the staff person at Beacon Bank to process the bills. 2. The South Shore Senior Partners indicated they are willing to continue to open and close the building during the week. We do need a contact person who can be contacted should a problem arise with the facility e.g. clogged toilet, burned out lights, etc, who can respond to the issue. As we are closest to the facility, we can handle this as well. -2- February 18, 2009 3. It is my understanding that the rental agent, Julie Hostetter, indicated she is not going to continue to provide this service. I have sent a note to Julie asking for a meeting to discuss this and see if she is willing to continue in this capacity for the short term. I have also briefly discussed the potential for our contracted park coordinator/administrator and park facility scheduler about the possibility of working out an agreement such that they would provide this "management" service. 4. We need to contact the existing renters and users of the facility to let them know what is going on and that for the time being, there will not be any change or disruption to their continued use of the facility except perhaps for whom they will pay. A volunteer for this would be nice. 5. We need to contact MCE to discuss their involvement and use of the facility. 6. We need to evaluate the operational expenses compared to the regular rental to see if additional dollars are necessary and determine in the short run how these additional costs, if any, will be distributed. I sent a note to Tom Anderson requesting a meeting to go over these costs. After meeting with Tom and Julie, I should be able to toss together a rough spreadsheet. As we go through this process, I think it wise to review and if necessary adjust the rental fees and continue in the preparation of a CIP for the building. February I11h 2009 Cities of Greenwood, Shorewood, Ueephaven, Excelsior, and Tonka Bay To whom it may concern: The original lease agreement worked fine when there was sufficient sources of revenue, but as "block grants", "United way" and City funding disappeared, it made it almost impossible to raise enough money to support the building and at the same time provide the services the senior community needs so desperately. We wish the cities all of the best as they take on this new project. 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