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042709 CC Reg AgPCITY OF SHO WOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 27, 2009 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Liz6e _ Bailey Turgeon Woodruff _ Zerby 5755 COUNTRY CLUB ROAD COUNCIL CHAMABERS 7000 P.M. Attachments B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, 4/6/09 Minutes B. City Council Regular Meeting Minutes, 4/13/09 Minutes 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda A. Approval of the Verified Claims List Claims List B. Staffing: Authorization to Advertise Public Director of Works Position Public Works memorandum C. Accept Quote and Award Contract for Eddy Park Secretary Station Facility Rehab at Freeman Park memorandum D. Accept Change Order No. 1 for Silverwood Park Park Secretary and Cathcart Park Recreation Courts resurfacing memorandum E. Custodial Services for City Hall and Public Deputy Clerk Works buildings memorandum F. Accept Improvements and Authorize Final Director of Payment for Lift Station No. 16, Public Works City Project 08-05 memorandum, Resolution Estimated Estimated Time in Start Time Minutes (Clock Time) 7:00 p.m. 5 minutes 7:00 p.m. 5 minutes 7:05 p.m. CITE' COUNCIL, i .--',MEETING AGENDA -APRIL 27, 2009 Page 2 of 3 Attachments Estimated Estimated Time in Start Time Minutes (Clock Time) G. Performance Evaluation Training Administrator memorandum H. LMA Funding Request Administrator memorandumn 1. Accept Plans and Specifications and Authorize Engineer Advertisement for Bids for 2009 Sealcoating of memorandum, Streets, City Project 09-05 Resolution 4. MATTERS FROM THE FLOOR 10 minutes 7:10 p.m. (No Council action will be taken) 5. REPORTS AND PRESENTATIONS A. Planning Commissioner Scott Schmitt 5 minutes 7:20 p.m. Recognition of Service 6. PUBLIC HEARING 7. PARKS - Report by Representative 5 minutes 7:25 p.m. A. Update on TKDA Park Consultant Services CRR 5 minutes 7:30 p.m. memorandum 8. PLANNING - Report by Representative 5 minutes 7:35 p.m. A. Administrative Enforcement Planning 5 minutes 7:40 p.m. Director memorandum 9. ENGINEERING/PUBLIC WORKS 1.0. GENERAL/NEW BUSINESS A. Linda Murrell, Director of the South Lake Administrator 10 minutes 7:45 p.m. Excelsior Chamber of Commerce, Request for memorandum Funding for the Lake Minnetonka 4`' of July Celebration B. Southshore Center Administrator 15 minutes 7:55 p.m. memorandum II. STAFF AND COUNCIL REPORTS A. Administrator and Staff 5 minutes 8:10 P.M. 1. City Hall Construction Update CITY COUNCIL REGULAR MEETING AGENDA - APRIL 27, 2009 Page 3 of 3 2. Information Item: Wells Fargo Half Marathon - Sunday, May 3, 2009 B. Mayor and City Council 12. RECESS TO EXECUTIVE SESSION A. Matt Phillippi Litigation 13. RECONVENE REGULAR COUNCIL MEETING 14. ADJOURN Attachments Deputy Clerk memorandum Estimated Estimated Time in Start Time Minutes (Clack Time) 5 minutes 8:15 p.m. 20 minutes 8:20 p.m. 8:40 p.m. I minute 8:40 p.m. n~ 7 5755 COUNTRY CLUB ROAD ~ SHOI.®WOC 3, MIWESOTA 55331-3927 ® (952) 4743236 FAX (952) 474-0128 - www.ci.shorewood.mn.us ® cityhail@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 27 April, 2009 Agenda Item 93A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: This item authorizes staff to advertise a vacant Public Works position. The Director of Public Works will transmit this item electronically to Council prior to Monday's meeting. Agenda Item #3C: At the February 23 City Council meeting, Council awarded the bid for the Eddy Station Facility Rehab; however, the contractor has since gone out of business and the Park Commission moved to re-bid the project and to include in the bid Freeman Picnic Shelter. Staff recommends approval of a motion that accepts the proposal provided by Eclipse Painting, Inc. for $3,800 for the Eddy Station Facility and Freeman Picnic Shelter maintenance. Agenda Item #3D: This item accepts Change Order No. 1 to resurface the recreation courts at Cathcart and Silverwood Parks. Agenda Item #3E: This item authorizes the Janitorial Services contract for Shorewood City Hall and Public Works buildings. Agenda Item #3F: The Lift Station 16 Rehabilitation Project has been completed and the final bonds and withholding certifications have been filed. This resolution accepts the Lift Station 16 Rehabilitation Project and authorizes final payment in the amount of $4,279.70 to CCS Contracting, Inc. Agenda Item #3G: The Council instituted a new method of compensation based on performance three years ago. Last year the council authorized modifying the system to by a purely performance based system. Staff have not received training in this type of system, this item requests authorization to hire a consultant to provide the training. Agenda Item #3H: The Lake Minnetonka Association (LMA) requested funding for treatment of Aquatics Invasive Species (AIS) and the Council indicated funding the request on two conditions 1) DNR Grant receipt and 2) presentation of LMA financial information as it relates to AIS activities. The DNR grant was awarded and the financials are attached. ffs~ PRINTED ON RECYCLED PAPER Executive u r -city C' setin of V _ _ ~ _ 09 Page 2 of 2 Agenda Item 43I: The City of Shorewood encumbered $204,000 of the 2009 operating budget for the sealcoat maintenance of roadways within the City. This resolution approves the plans and specifications for sealcoating maintenance and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, May 20, 2009. Agenda Item #5A: Planning Commissioner Scott Schmitt has submitted his resignation from the Planning Commission. He will be present this evening to receive a recognition of service plaque. Agenda Item #7A: After a report by Park Commissioner Jeremy Norman, an update on the Park Consultant Services will be provided by Ki•isti Anderson. Agenda Item #8A: At our last meeting, the Council reviewed the proposed ordinance establishing the administrative enforcement process. This draft was recommended by the Planning Commission. The draft contained herein is in ordinance amendment format. Staff will publish the amendment in mid-May in conjunction with the selection of hearing officers. Agenda Item #10A: Linda Murrell, Director of the South Lake Excelsior Chamber of Commerce, will be present this evening to request support for the Lake Minnetonka 4t' of July Celebration. Agenda Item #IOB: Administrator and Mayor will provide an update on progress related to the SouthShore community center and the RFP process. Agenda Item #12A: Recess to Executive Session to discuss Matt Phillippi litigation. CITY OF SHO WOOD CITY COUNCIL SPECIAL MEETING MONDAY, APRIL 6, 2009 MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING 5755 COUNTRY C__U_~ COUNCIL CHAT k 5:30 P.M. Mayor Lizee called the meeting to order at 5:32 P.M. A. Roll Call Present. Mayor Lizee; Councihnembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; Administrator Heck; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Zerby moved, Turgeon seconded, approving the agenda as presented. i'vlotion passed 5/0. 2. MATTERS FROM THE FLOOR Andrew Waldo, 5679 Harding Lane, stated his coilimcnts were related to items on the agenda. He asked Mayor Lizee if she would be recognising speakers du ing the agenda this evening, to which Lizee responded she would. George Noren, 5760 Christmas Lake Road, stated he was not an extemporaneous speaker, and he asked Council not to discount his sincerity hMIUSC of that. He then stated he graduated from Excelsior High School in 1949 and his wile Kathleen did so in 1950. He explained that after thoughtful consideration they decided to purchase property in Shorewood in 1962; that is where they wanted to raise their four children. They live on the same property today. After retirement they carefully assessed several areas in which they could spend their retirement years. He and his wife concluded they wanted to remain in Shorewood because it was a community for all age groups. Over the last few weeks he has not met one person who is not outraged by Council's direction to sell the Southshore Center. Previous mayors and council members as well as members of the conununity set the standard for the type of environment he and his wife thought they wanted to continue to reside in. For the past 40 years the City has had mayors, council members, and community leaders who listened to all Shorewood residents, who conducted open meetings, who had environmental impact studies conducted and found ways to implement goals. If one takes a look around at the community they should appreciate those individuals and their responsiveness to all citizens. He told Council shame on them for the manner in which it has handled this important part of our local society. It is with sadness that he says there truly appears to be a lack of empathy and understanding for the need of a community center and its significant contribution to the community's senior citizens. Council's haste to judgment is wrong and unconscionable. Councihnembers are the residents' representatives, and it is their responsibility to heed the constituents' wishes. Marianne Miller, Orono, stated she wanted to speak from a non-emotional perspective. She explained she does local programming in the lake communities. She stated one of her favorite venues is the Southshore Center, and it breaks her heart that it will no longer be available. If the Center were to remain open she #aa CITE' OF SPIN WOOD COUNCIL SPECIAL MEETING April 6, 2009 Page 2 of 20 was confident it could be sustainable. She thought if the financials for the Center were to again be reviewed she was sure Council would see that revenue can be produced to support community activities. Nancy Middleton, 203 Mill Street, Excelsior, stated she has lived at this location since 2005 and prior to that she was a resident in Deephaven since 1969. She served on the Deephaven City Council for 8 years and on the Deephaven Planning Commission for 14 years. There were a number of controversial issues in Deephaven when she served as a councilmember, and one of the things the council members tried to do was to communicate with their constituents about what was going on. What concerns her most with the Shorewood Council's actions is the rush to do something. She explained there was a room at the Southshore Center filled with community residents who are confused about what is happening, and they want to know why Council has chosen to take the action that it has. She suggested many more meetings be held to discuss the pros and cons about selling the Center. She stated she doesn't know all the details leading up to Council's decision, but she would like to know a lot more. Ann Leland, 5825 Strawberry Lane, stated she was dismayed at the process with which the decision was made. A public hearing was not held, there was no chance for the residents to voice their opinions, and there was no notice that the sale of the Southshore Center was goirng to be discussed. Mayor Lizee noted that Ms. Leland had sent a letter to the City voicing her concerns and her letter is on file. Chris Polson 5720 Echo Road, stated it appears to him and others that the Shorewood Council is rushing into things. He felt powerless in this situation. He told Councilmember Bailey that he was shocked by Bailey's actions based on discussions he had with him when Bailey came to visit him while was campaigning for a council seat. He stated he did not thirnl< Council's actions were appropriate. The Southshore Center is an incredible resource, and he thought there must be a management resource in the cone unity that could successfully mana-c the facility if given the chance to do so. He is appalled at Council's actions. Alina Kasbolnn, 5570 HardiTlg_Lane stated when she and her family moved to Shorewood from Eden Prairie they did so because they thought this community was nicer and had more of a hometown feel. Eden Prairie has an excellent senior center. and the Southshore Center is also a wonderful center. She noted they hosted a birthday party for her daughter at the Center; the rental cost was very reasonable. They received excellent service at the Center. She recormnended the Center remain a functional amenity for the community. Councilmember Turgeon stated that normally matters from the floor are for items that are not on the agenda. If Mayor Lizee wants to change that protocol that is her option. She noted the other Councilmembers were not asked about that change. She requested members of the audience elect one spokesperson to say what the attendees wanted to convey so Council can move on and answer some of the questions that have already asked. She requested any comments made deal with the subject matter and that no personal continents be made about any Councilmember seated in the Chambers or anyone else. She wanted comments to be civil and free from name calling. Mayor Lizee stated there was a large group in attendance this evening. She explained this special Council meeting was scheduled to start at 5:30 P.M. Prior to that occurring she had personally rented the Southshore Center for a Community Meeting to be held from 5:00 P.M. - 7:00 P.M. knowing if a special meeting were to be held this evening it would be held at 7:00 P.M., the regular start time for Council meetings. It would have been held at the Southshore Center because at that time the Council Chambers was not supposed to be ready for use. She stated a number of residents have already come to the Chambers from the Center. She explained the meeting room at the Center was fully occupied, and it was CITE' 0- n -SWOOD COUNCIL SPECIAL MEETING April 6, : X) Page 3 of 20 configured to allow for Council to conduct its special meeting there and to have the meeting recorded. She requested Council recess the meeting, move to the Southshore Center and reconvene the meeting there. Councilmember Zerby stated he could support moving this meeting, and he also requested all attendees behave in a civil manner. He wanted everyone who wants to speak this evening to have the opportunity to do so. Mayor Lizee asked if there was Council consensus to move to the Southshore Center. Councilmembers Bailey and Turgeon stated they wanted to remain in the Council Chambers. Councilmember Turgeon stated she requested this special meeting start at 5:30 P.M. on March 25, 2009; prior to making the request she was not notified of any other meeting. She stated when Council discussed holding a special meeting during its March 23"d meeting it did not discuss a start time. Councilmember Woodruff thanked the audience for coming this ev cinng, and he stated he was happy about the interest community residents have expressed regarding the Southshore Center. He stated the purpose of this meeting is not to sell the Center. Council has a number of issues it must address relative to the Center, not the least of which is determining how to l>eup the Ccnter operational through at least April 30"'. Council has not voted to sell the Center, and if' there are residents who believe that he recommended that, they watch the recording of the March 2')" Council meeting. He explained the motion which passed at that meeting had multiple parts to it: 1) it authorized Staff to exercise the Shorewood Option [a provision of the Cooperative Agreement] which; would result in the City acquiring the facility; 2) it directed Staff to open negotiations with the Lal:c 'v[innetonka Communications Commission (LMCC) for the potential sale of the Center to the LMCC ; and 3) it directed Staff to notify the other cities (i.e.; Deephaven, Excelsior, Greenwood and 'honlca Ray) of Council's direction to acquire the Center. Woodruff went on to state that this evening C'oLiucil planned to discuss revisions to a Memorandum of Understanding (MOU) between the live cities (the Cities) about how the Center will operate in March and April. The Shorewood Council agreed it would operate the Center through the end of April on the basis there would be a good faith effort by tit Cities to come together and develop a long-range plan for the operation of the Center. Council discussed the original MOU during its March 23'd meeting and identified a number of issues it \%,anted Staff to resolve. During the March 23rd meeting Council also discussed an interim agreement between the Cities and the SouthShore Senior Partners (SSSP) regarding SSSP's interim operation of the Center. Council also identified issues with that agreement and asked Staff to resolve the issues. The revised MOU and interim agreement are to be discussed this evening. This special meeting is not a public hearing. He agreed it would be important to have a public hearing if Council were to consider selling the Center. He stated there is no plan to sell the Center because there is no deal this Council is entertaining. The LMCC has submitted a tern sheet about an offer for the purchase of the Center; but it has not been accepted, negotiated or finalized. Excelsior Fire District (EFD) Assistant Chief Dana George stated something needed to be done about not being able to get to building exits due to the large number of people in attendance, because safety reasons there needs to be accessible exits. Mayor Lizee stated she also was concerned about the safety of the attendees. Lizee noted there is standing room only in the Council Chambers and the lobby is full, and there are fire exits which are blocked. She also noted she had asked the Council if it would re-consider recessing the meeting, moving the location to the Southshore Center where there is more room and cameras were set up for recording the meeting, and then reconvening the meeting. =Y P a . -VOOD COUNCIL SPECI ~ MEETING Page 4 of 20 Mayor Lizee again asked if Council would reconsider relocating the meeting for the safety of the public and to ensure all interested parties can be heard in a civic and civil manner. Councilmembers Bailey and Zerby agreed with Mayor Lizee to relocate the meeting. Mayor Lizee recessed the meeting at 5:56 P.M. Mayor Lizee reconvened the meeting at the Southshore Center at 6:07 P.M. Mayor Lizee stated Council agreed to relocate its special Council meeting to the Southshore Center this evening. She explained EFD Assistant Chief George requested the exits and aisles remain clear for safety reasons. She stated all meeting attendees must act with respect and civility toward all present. She reiterated that members of the audience with questions or cominents will be recognized as Council works through the meeting agenda. She stated it is her understanding that there is one individual that wants to speak before Council moves on to Item 3 on the agenda which is a discussion of the MOU, the interim agreement with SSSP, and the Shorewood Option and LMCC offer. Mayor Lizee recognized Reverend Andrew Waldo. Andrew Waldo, 5679 Harding Lane, Shorewood, stated he was the Director of the Trinity Episcopal Church in Excelsior. He submitted, for the record, the statements and signatures of approximately 850 citizens. On behalf of signers of the petition and many of "those in the audience this evening he was requesting Council reconsider the direction set by a 3-to-l v,otc taken during its March 23`d meeting, and that Council initiate an open, public process with the stated intent of maintaining the Southshore Center as a community asset and resource for our senior population. He stated those who have come in such numbers tonight to support reconsld-cration and an open, public process are especially eager to communicate to Council how deeply «c t'cel that the Southshore Center represents a core value in our communities. Providing the means and place for our aging citizens to gather speaks volumes about who we are. We are a people who honor the «visdom and heritage that has been given us by our community elders, and we consider it both a pri\ilegc and necessity to maintain a public place of gathering and fellowship for them. He then stated the bclie%~es he speaks for the majority of residents in saying that we are willing to explore all possible means to continue to make available this physical community asset to one of our most priceless assets «hich is our elders. Hence, our request for reconsideration of the vote of the direction taken at the March 23" meeting, and the initiation of an open, public process with the stated intent of maintaining the Southshore Center as a conmlunity asset and resource. He thanked Council for allowing him the opportunity to speak. Bob Newman, 5230 Meadville Street, Deephaven, thanked Council for relocating its special meeting to the Southshore Center and allowing him the opportunity to address Council. He stated there have been a lot of hands on this issue for quite some time. It has been a frustrating experience for many because it has taken a lot of time and involved more challenges than were anticipated. The resolution of this issue has run beyond a self-determined deadline set by representatives of the Cities. The issue is complex and he stated if it takes more time to solve the issue, then it takes more time. The community's seniors, as well as the others that use the Center deserve that. No one ever said governing was going to be easy. He doubted many of our constituents voted for us anticipating we would betray them and their interests. When malting decisions in government it's appropriate to consider using our calculators, but only with a mix of employing our hearts and minds compassionately. Walking away from our responsibility to do public good is an abdication of our basic responsibility and the trust reposed in us to create the greatest public good. Dumping the Center is not in the public's best interest as evidenced by the attendance this evening and the hundreds of petitioners. If the process stops the Lake Minnetonka Communications CITE' OF S-x,--7-01) COUNCIL SPECIAL MEETING April 6, 200 Page 5 of 20 Commission (LMCC) won't cease to exist; it can find another building. But, if it goes through, the Center will cease and so will all the programs people participate in at the Center. The Cities' will loose the opportunity to resolve the issues with the Center. Mr. Newman then stated if the Cooperative Agreement between the Cities has flaws and weaknesses of ambiguity that this situation has uncovered, then we should learn and cure them but not use them as a device to betray its intent. The fact that there are a number of people with polarity positions regarding the interpretation of the Agreement is reason enough to call for forbearance, caution and patience. No one person is at fault for the situation that we are in; we all are. It isn't the seniors would didn't find a solution for the issue. We're the ones that didn't get it done. Why make them pay for our failure to succeed in solving these problems and challenges. We owe them "a fight to the finish" to make this right. He doubted any of the residents put us in office to quit on them; to pull the rug out from under their interests. They want us to put forth whatever energy is required to make this work. They want us to do their will, not ours. They want the Center to remain, and they want us to do our job to make that happen. Mr. Newman went on to state he came this evening to reach out to the Shorewood Council; to suggest we put our differences and histories aside for a con-unon good. He also suggested decision makers sit down at the same table side by side in partnership to rise as high as necessary to achieve a successful resolution; we should not sit across from each others as advc;-sarics. llc :stated those in attendance as well as the petitioners represent a very strong community sentiment that is shouting, "Help!". Heroes come to the rescue of those in need. Those who use the Center arc asking us to be their heroes. They will remember how we respond. He asked the Shorewood Council to join him in saving the Center not destroy it. Mayor Lizee stated she wanted to move forward with this meeting's agenda, noting she will recognize people who may want to speak during upcoming discussions. She requested the audience minimize noise; there is no need to cheer, clap, stomp, ctc. She also requested everyone remain civil and kind. 3. SOUTHSHORE CENTER A. Memorandum of understanding Administrator Heck explained that during its March 23, 2009, meeting Council directed him to revise the interim agreement for operating the Southshore Center between the Cities and the SouthShore Senior Partners (SSSP) per discussions during the meeting, noting the agreement would be in effect until April 30, 2009. He was also directed to revise the Memorandum of Understanding (MOE) between the five Cities to include the items discussed during that meeting. He noted Attorney Tietjen helped with the revisions, and that the MOU would be a temporary amendment to the Cooperative Agreement. Councilmember Woodruff stated he had not received a copy of the revised MOU in his meeting packet. Mayor Lizee stated Administrator Heck had distributed it via email earlier in the day. Councilmember Woodruff stated he not received it by 3:00 P.M. Councilmember Bailey stated he did not receive the revised MOU either. Administrator Heck recapped the changes to the MOU. The specific operating costs the Cities' would be responsible for paying during the interim period were identified. An option to extend the MOU past April 30, 2009, by written agreement of two-thirds of the member Cities was added. The responsibilities of the Cities were outlined. Councilmember Woodruff stated that because neither he nor Councilmember Bailey has seen the revised MOU he asked Administrator Heck to review the specific changes that were made. CITY OF'-- -E"'- COUNCIL SPECIAL MEETING April 6, 2 Page 6 of 20 Administrator Heck reviewed the specific changes to the provisions in the MOU, noting the changes were per the direction of the Shorewood Council at its March 23rd meeting. v~ Tenn (Item 1) - was changed to "unless extended or renewed by written agreement of 2/3rds of the Cities"; of 2/3rds was added. Costs of Operation (Item 3) - "Such costs included any item related to the maintenance and operation of the Center not covered by rental income received through April 30, 2009." was replaced with "Operational costs shall include: city utilities, natural gas, garbage, electricity, recycling, and custodial services. All other costs shall be the responsibility of the SSSP. " was added. Rental Contracts (Item 4) - This item was added. "Effective March 15, 2009, no additional rental contracts shall be made for the use of the Center. Current rental agreements through April 30, 2009 shall be honored." ➢ Management Agreement (Item 5) - This item was added. "Should the Cities fail to arrange for a new management agreement for the operation and programming of the Center by April 30, 2009, the Cities agree to close the Center and begin the search for a viable purchaser for the Center." Councilmember Zerby stated he disagreed with the way the rncvv Management Agreement provision (Item 5) was written. He did not think there was a need to add that item. Councilmember Turgeon stated there needs to be something included about what happens if the Cities do not reach an agreement by April 30"'; there won't be anvonc to manage the Center after that unless a management partner is found. There needs to be a deadline; attcr 18 months the Cities are not any closer to reaching an agreement then they were at the start. Councilmember Zerby stated that rather than fool: for a purchaser of the facility if a new management agreement is not arranged, he suggested the Cities could start discussing the possibility of closing the Center. Mayor Lizee stated she had an issue with the Management Agreement (Item 5) addition. She thought it was in the Cities' best interest to continue looking for a management partner to manage the Center. The Cities have agreed to do that. She explained there have been three responders to the request for proposals (RFPs) for management services for the Center. There is a meeting of the Southshore Center working group (which includes one elected official and one other representative from each member city) scheduled for April 7°i and during that meeting the group will discuss the RFPs. The wording of Item 5 is limiting; the April 30r" deadline is very tight and will likely result in the Center being shutdown. Some of the Cities' Councils meet monthly and will not have the opportunity to consider a new management agreement by April 30`x'. If the Center is closed on April 30t", there will a loss of rental revenue and there will be a loss of goodwill. There are a number of individuals and groups who have contracted to rent the facility between now and the end of December. She cited a number of examples of events that were scheduled to be held at the Center. She suggested Item 5 be replaced with the following wording - "The Cities shall arrange for a new management agreement for the operation and programming of the Center by April 30, 2009, or as soon as possible.", clarifying "the Cities agree to close the Center and begin the search for a viable purchaser for the Center" would be deleted from Item 5. Councilmember Turgeon stated she could support deleting "and begin the search for a viable purchaser for the Center" from Item 5. She questioned what would happen after April 30`"; there is no manager for the Center. She agreed there are a number of rental contacts for after April 30"'. Mayor Lizee stated she hoped the Cities could extend the proposed interim management agreement with SSSP past April 30`" -7-7-1- - -.7-OD COUNCIL SPECIAL MEETING F -v7of2Q Turgeon stated she would prefer to stop operations after April 30"' if a management partner can not be found. Mayor Lizee recapped the Management Agreement item would be changed to say "The Cities shall arrange for a new management agreement for the operation and progranuning of the Center by April 30, 2009." There was Council consensus to change the wording of Item 5, Management Agreement as stated above Councilmember Woodruff stated the Shorewood Council is very interested in finding a solution for the Center. He thought Bob Newman, from Greenwood, made some good comments earlier in the meeting. He stated there has to be some urgency on the part of the five Cities to reach an agreement. During his tenure on the Council (which is a little more than two years) he has never thought there was a sense of urgency. In fact, over the last few months he thought there has been a fair degree of squabbling about what he perceived to be some fairly minor issues. He thought the current situation needed to be fixed quickly with some end date in mind so people understand that this ncelds to be done. The April 30th end date was picked to motivate the Shorewood Council and the other Cities to reach an agreement. Woodruff moved, Turgeon Seconded, approving the Me.norand. n-. of Un-derstan-Ifing Regarding the Interim Operations of the Southshore Communitz, Center as amended in Item 5, Management Agreement to say "The Cities shall arrange for a new management:agreement for the operation and programming of the Southshore Center by April 30, 2009." Councilmember Zerby stated Item 4, Rental Contracts states "Current rental agreements through April 30, 2009, shall be honored." He did not think the Citics would want to give up any potential rental income after that; he thought it unlikely that an_y nc\y, owner could move into the Center by May 1st. He suggested Item 4 be amended to possibly say the end-date would be when a purchase agreement was executed. Councilmember Turgeon stated there was no one in place to manage the Center after April 30th, and there needed to be a cutoff cute lot- closing the Center if a management partner cannot be found. The Southshore Center worl:ing group is scheduled to meet the next day and it can discuss the RFPs. The Cities' Councils can then determine if one of the RFP responders will make a viable management partner. Mayor Lizee stated the fact that there are current rental contracts through December 2009 is a tenuous issue, and she finds it difficult to renege on those contracts. The SSSP is currently volunteering to operate the Center, noting the next item on the agenda is to discuss the interim management agreement with SSSP. She stated that although she would be extremely pleased if an agreement could be reached with a new management partner for the Center by April 30th, she did not think that was very likely. She suggested Item 4, Rental Contracts be modified to say "All rental agreements shall be honored." This would allow the Cities to work with a new management partner to help satisfy those contract commitments. Councilmember Turgeon stated she disagreed with Mayor Lizee's suggestion. She thought the April 30th date would serve as a motivator for the Cites to find a management partner. The MOU indicates with a written two-thirds approval of the Cities the MOU could be amended to extend that date. Councilmember Woodruff stated he assumed every person present was confused. He commented that he had told a resident that to give a broad-brush explanation of what is going on and the issues that have to be resolved would take 1.5 hours. There is no document, with the exception of the proposed MOU currently being discussed, that addresses how the Cities must work together to keep the Center -7-'-'-F SHO WOOD COUNCIL SPECIAL MEETING _,_2009 Rage 8 of 20 operational and who is responsible for what. The Cooperative Agreement between the Cities only addresses the construction of the facility. There needs to be some type of agreement between the Cities. The Shorewood Council agreed Shorewood staff could provide the needed administrative support in the interim. To-date the other Cities have not yet agreed to compensate Shorewood for the bills it is paying for Center operations. He thought April 30"' is an arbitrary date, but there needs to be some end date. Mayor Liz6e stated because there has not been any recommendation for a date other than April 30t", she suggested all April 30"' dates in the MOU be changed to June 30"'. That should give all of the Cities' councils time to address this issue, and get public opinion on this issue. Mayor Liz6e asked the Shorewood Couneilmembers to agree to change the April 30, 2009, dates to June 30, 2009, in the MOU. Paula Callies, 20465 Radisson Road, stated the MOU and the entire Southshore Center issue is an opportunity for the City of Shorewood to demonstrate leadership in building community resources together, rather than be an example of how to dismantle community institutions. The Shorewood Council is demonstrating an isolationist approach by potentially exercising the Shorewood Option. She referenced former Greenwood Mayor Bob Newman's earlier statement about the necessity for the Cities to work together to solve this issue. She cited an article published in the Star Tribune newspaper the previous week which discussed the need for counties to work together to share resources. She stated the Cities need to work together more, and a shared community center is one way of doing that. She thought Councilmember Woodruff's comments about having deadlines and Councilmember Turgeon's requirement for setting an April 30t" deadline as a way to strongly motivate the other four Cities to reach some agreement is applying behavioral management techniques that are not applicable to the situation involving local government, not training a new puppy or t\vo-year-old child. She thought the Shorewood Council's approach of imposing artificial deadlines is disrespectful to the other four Cities and to the citizens. If the direction of the Shorewood Council was to be to one of getting together with the other Cities to find a way to make this \,vorl:, she thought that people could make that happen. Instead, she hears the Shorewood Council's direction to staid to be ceasing the operations of the Center on April 30"' if the issues cannot be resoh-cd. I1 1C April 30"' date is unrealistic; it does not allow for enough time to accomplish what needs to be done. From a scheduling perspective alone it would be difficult. The residents are expecting their leaders to show leadership in a positive direction in how to build the community and maintain the institutions which have been in existence for many years. They should not be giving direction in how to tear down the relationships that have been built over decades, which is what she sees happening. She questioned the behavior exhibited this evening by some of the Shorewood Couneilmembers resisting to relocate this meeting. It didn't matter when they heard about the community meeting [scheduled for 5:00 P.M. this evening]. There was no reason not to move. They expected the attendees at the conununity meeting in the Southshore Center to come to the Council Chambers if they wanted to hear Council's discussions. Their "we're in charge" attitude is not what she is looking for from her elected officials. There needs to be creative problem solving demonstrated. Council needs to work on building upon the structures that exist. Councilmember Woodruff stated this was not a public hearing. Although former Councilmember Paula Callies made some excellent points, Council was in the process of discussing the MOU. Woody Love, 5390 Barrington Way, asked to be recognized in a point of order. Mayor Lize'e recognized Mr. Love. Mr. Love stated earlier in the meeting a spokesperson for those in attendance and the petitioners asked Council to reconsider its March 23`d vote and to set a direction of a new process which was public. Those individuals want this addressed during this meeting. He thanked Council. CITE' OF SHO WOOD COUNCIL SPECIAL, MEETING April 6, 2009 Page 9 of 20 Mayor Lizee stated she will ask for that reconsideration after Council has discussed the next two items on the agenda. Councilmember Turgeon reminded the audience that the MOU between the Cities would be in effect from March 1, 2009, through April 30, 2009. She stated Shorewood assumed a leadership role by taking on the responsibility to serve as the fiscal agent for the Center during this interim period. She stated the MOU is for an interim arrangement until the Cities can agree to a long-term arrangement. Mayor Lizee asked the Councilmembers if they would be willing to change the April 30, 2009, dates in the MOU to June 30, 2009. Although things could be resolved before June 30"', it does give the Cities more time to work together to find a management group. Councilmember Turgeon asked who would be responsible for Center operations if there is no management group. Administrator Heck stated he had suggested to Mayor Lizee that the April 30, 2009, dates in the MOU and in the interim agreement with SSSP be changed to June 30, 2009. Thereby, SSSP would manage the Center until June 30"'. He explained Council had requested a business plan for Center operations be prepared. Two of the RnPs are complete business plans for op: rating the Center. The Cities' councils need to have the time to effectively evaluate those business plans and the new models for operating the Center. He did not think the aggressive timeline of April 30`'' can be achieved. He strongly recommended the timeline be extended to June 30t" to give the councils adequate time to evaluate the plans. He stated that after evaluating the plans the Cities' councils can decide if they want to continue to participate in the Center. Without objection from the seconder, the maker of the motion amended the motion to change all the April 30, 2009, dates in the Meinorandum of Understanding to June 30, 2009. Councilmember Woodruff stated it is incumbent on the other Cities to take this seriously. The MOU will not go into effect until three of the other tour Cities agree to it. He encouraged residents from the other four Cities to ask their councils to approN-c the MOU. Motion passed 5/0. B. SouthShore Senior Partners Interim Agreement Administrator Heck noted the revised interim agreement between the five cities (the Cities) and SouthShore Senior Partners (SSSP) for management services to operate the Southshore Center had been emailed to Council earlier in the day. Administrator Heck reviewed the specific changes to the provisions in the interim agreement, noting the changes were per the direction of the Shorewood Council at its March 23"d meeting. ➢ Scope of Services, Item 2.a - was changed to say "In-kind services including opening the Center at 8:00 a.m. for activities and closing the building at 4:30 p.m." ➢ Scope of Services, Item 2.b - was changed to say "Allow renters to use and access the Center's kitchen and equipment, tables, and chairs." ➢ Scope of Services, Item 2.d - this item was added and states "Provide a list of individuals and organizations who have keys or knowledge of key lockbox codes." CITY 0 ` W00D COUNCIL SPECIAL MEETING Apri Page 10 . '20 Use of Center by SSSP, Item 3 - this statement was added at the end "Furthermore, the Cities shall have the right to schedule other activities and programs during the day time hours so long as these activities and programs do not conflict with SSSP programs." Payment to Cities, Item 5 - these two items were added: "c) provide payment to the City of Shorewood as stipulated in (a) above before execution of this agreement; d) should the agreement extend beyond April 30, 2009, provide to the City of Shorewood, rent in the amount of $600.00 by the first day of each month that the agreement is extended." Heck noted that based on the previous discussion the statement in Item 5 "SSSP shall pay to the City of Shorewood (as agent for the Cities) the following: a) $1,200.00 for use of the Center during the term of this agreement" will have to be technically amended to indicate SSSP must pay $600 in rent by the first day of each month. Mayor Lizee asked Attorney Tietjen if the addition to Item 3 "Further more, the Cities shall have the right to schedule other activities and programs during the day time hours so long as these activities and programs do not conflict with SSSP programs." conflicts with Item 4, Rental Contracts in the MOU which states "Effective March 15, 2009, no additional rental contracts shall be made for the use of the Center." Administrator Heck stated it does, but he can make a technical change (which would not require another motion) such that Item 4 in the MOU would allow the Cities to rent the Center though June 30, 2009. Zerby moved, Woodruff seconded, approving the agreement for the operation of the Southshore Center between the Cities of Shorewood, Deephaven, Fxcelsior, Greenwood and Tonka Bay and the SouthShore Senior Partners subject to all April 30, 2009, dates in the agreement being changed to June 30, 2009, and anything relating to the April 30"' dates being changed accordingly. In response to a question from Councilnnembcr Woodruff, Administrator Heck explained that he had sent the original agreement to SSSP, noting no oinc other than the Shorewood Councilmembers have seen the revised agreement being discussed. Tom Anderson, 4640 Oak Kcrni Road, DeepliLi en, stated he was on the SSSP Board. The chair of SSSP was not able to attend this mccting: therefore, he was going to speak on SSSP's behalf. He noted the SSSP Board was going to meet on Ahrll 13`x' and should be able to act quickly on this issue. He stated SSSP thought the original interim agreement was fine, and SSSP proposed making that a long-term agreement. Baring any significant changes to the original agreement there should not be an issue. He asked Council to consider one thing. He explained because of the turmoil that has occurred with regard to the future of the Center, it is been very difficult to get potential renters to commit to renting. The Church that was renting the Center has rented somewhere else because it was informed the Cities were not going to renew its contract. The Excelsior-Lake Minnetonka Historical Society is looking for a new space to rent because they were told its lease arrangement would be terminated. Those two losses amount to an approximate $12,000 loss in revenue per year. He recommended that if a rental is made there be guaranteed a 90-day notice of cancellation; it would be unlikely that if the Center were sold that someone would assume possession within less than 90 days. Administrator Heck clarified he spoke with representatives of the Church and the Historical Society, but he did not direct them that they had to find new space. What he did say was he did not know what was going to happen to the Center as of April 30'1. This evening Council has decided to extend the date to June 30t", and he is fairly confident there will be a plan before that time. He did tell them that because he was unsure they may want to consider alternative space. Mayor Lizee stated she hoped they could be contacted and the issue clarified. CITY r"- WOOD COUNCIL SPECIAL MEETING Aprie 6, - _ Page 11 of 20 Kristen Dowell 644 Third Avenue Excelsior, stated she is the President of the Excelsior-Lake Minnetonka Historical Society. The Society supports the Southshore Center and it really wants to make it work. At Administrator Heck's suggestions and based on the Society's concern it is looking for other space, but no decisions have been made. She noted the Society's archives are stored in the Center. Motion passed 5/0. C. Shorewood Option and Lake Minnetonka Communications Commission Offer Administrator Heck stated in a memorandum to Council dated April 2, 2009, he identified a few items Council must discuss if Council chooses to move forward with exercising the Shorewood Option. The most important question Council must address is does it want the City to be the sole proprietor of the Southshore Center should the offer by the Lake Minnetonka Communications Conunission (LMCC) to purchase the Center not come to fruition. If the answer to that question is "no" then discussions with the LMCC must end; Shorewood is not the sole owner of the building and negotiations with the LMCC should proceed with the five Cities owning the facility. The arnswcr to the question will direct what further discussions should occur during this meeting. Mayor Lizee asked if Administrator Heck and Attorney Tietjen ii, they would consider that a reconsideration of the direction Council set during its t\4arch 23, 2009, meeting. Heck stated it could end that way. Mayor Lizee stated Council was asked earlier by a member of the audience if it was willing to reconsider the motion that was passed during Council's March 23" meeting. That motion included exercising the Shorewood Option and entering into negotiations with the 1_MCC regarding its offer to purchase the facility. She explained there are three Councilmcrnbers who voted on the prevailing side of the motion who can open that up for reconsideration, and slhc asked if one of them would reconsider the March 23`d motion. Zerby moved to reconsider the Mareh 23, 2009, motion. Councilmember Zerby noted he was not in attendance at the March 23`d meeting. He stated he was not in favor of exercising the Shorewood Option for a number of reasons. One of the reasons is the cost to Shorewood to acquire the Center. He explained the meeting packet contained a memorandum from the City's Finance Director, and her conclusion states "A sale as proposed would result in a cumulative loss to the cities of about $282,000 That would be on Shorewood's shoulder. Shorewood has already paid for more than one-half of the cost for the facility. Shorewood's total actual contribution amount was $448,136. Council is considering writing checks totaling $311,000 to acquire the facility, and then potentially selling it for an estimated $340,000 not including interest. He stated that is ridiculous. That would end up costing the Shorewood taxpayers approximately $300,000 at a minimum. He cannot imagine the City taking on that burden. If Council wants to sell the facility, he asked why Council would not want to spread the loss among the Cities. Councilmember Bailey stated at this point he was not in favor of reconsidering the motion. Councilmember Woodruff reiterated a statement he made earlier in the meeting. The motion that was made and approved during the March 23`d meeting had multiple parts to it. A number of people, including Councilmember Zerby, seem to want to put all of the parts of the motion together to make it one continuous whole. From his perspective that was not the intent of the motion, and it is not a requirement that all parts happen at once. During the March 9th Council meeting he made a motion to exercise the CITE' OF Sr- )---r' 0II COUNCIL SPECIAL MEETING April 6, 200' Page 12 of 20 Shorewood Option, and that motion failed. Over the last two plus years the Cities and the Friends have struggled to agree on almost anything related to the Center. From his vantage point he believes that the Shorewood Council acting by itself and representing the City of Shorewood and the interests of the other Cities can expeditiously get this done. His March 9`1' motion was made on that basis. Currently there are 25 council members that have input into decisions, and two-thirds of the Cities have to agree to any changes regarding the Center. From his vantage point that is an untenable position. His March 9"' motion was designed to deal with that by getting it to the point where Shorewood could make decisions about what should happen to the Center for the benefit of the community. He believes Council can agree to have the City acquire the Center, and he is still strongly in favor of exercising the Shorewood Option. He is not in favor of reconsidering the March 23rd motion. Woodruff stated the potential sale of the Center to the LMCC is another topic. Council has not entertained an offer from the LMCC, and it has not had any negotiation with the LMCC of any magnitude. Council has not made a decision to sell the Center to anyone. As a Councilmember, he is perfectly willing to have Shorewood take on the responsibility of owning and managing the Center as a community resource. He has had input from residents recently stating they wanted the Center to remain operational. The audience and the petitioners have expressed a strorng interest in making that happen. He has had a number of people tell him they are willing to pay the cost for that. From his vantage point the decision the Shorewood Council ought to be making is should Shore,,vood become the sole proprietor of the Center and be responsible for it in its entirety, noting he thought that could work. He suggested the potential sale to the LMCC be taken off of the table as part of this discussion as it is clouding the discussion about Shorewood buying the Center. Mayor Lizee challenged Councilmember Woodruff -s commcats because Woodruff talked about accepting the LMCC's offer during the last Council meeting. Since that meeting the LMCC has further clarified its terms sheet. There is no legal purchase a_,-ecwcnt from the LMCC; the LMCC purchase agreement is contingent on two-thirds of its 17 member cities agreeing to acquire the facility. Shorewood does not own the facility and therefore cannot negotiate a sale of the facility. Mayor Lizee asked if there is a motion to reconsider the March 23rd motion. Councilmember Zerby stated he made that motion. Councilmember Turgeon stated Councilmember Zerby can't make that motion. Councilmember Woodruff stated as a point of order Councilmember Zerby can't make that emotion. Mayor Lizee stated it depends on if Council follows Roberts Rules of Order or not, noting sometimes Council does and sometimes it doesn't. She stated earlier she had asked if one of the three Councilmembers who voted on the prevailing side of the motion would make a motion to reconsider the March 23rd motion because according to Roberts Rules of Order only a Councilmember who was on the prevailing side of the motion could do so. She asked Councilmember Turgeon if she was willing to make that motion, to which Turgeon responded no. Mayor Lizee stated discussions should now move on to discussing Administrator Heck's memorandum about "Decision / Action: follow through with the Shorewood Option or not?". Councilmember Turgeon explained the reason she was not willing to reconsider the March 23rd motion is because she agrees with a lot of what Councilmember Woodruff had said. It would be a lot easier for Shorewood to run the Center on its own. In order for Shorewood to do that it would have to exercise the CITE' 0- E " -]WOOD COUNCIL SPECIAL MEETING April 6, : I Page 13 of 2 Shorewood Option, and there are a number of things that must be done prior to acquiring the Center. Her goal is to have Shorewood be the sole proprietor of the Center and run it. Administrator Heck stated it appears Council wants to move forward with exercising the Shorewood Option. He reviewed the actions Staff recommends be taken based on that direction. Shorewood must obtain a written affirmation from Greenwood that Shorewood can exercise the Option; Deephaven and Tonka Bay have already agreed to it and Excelsior disagreed with it. The City Attorney must be authorized to conduct the necessary title work for an approximate cost of $400. It's anticipated it will take two weeks to complete that task. Council needs to authorize payments to the other four Cities. There are two options for doing that. One is to make installment payments to the Cities over 10 years at an 8 percent interest rate. Staff does not recommend that option. Staff recomrnends the City make hump sum cash payments to the other Cities in amounts indicated in the cooperative agreement, totaling $311,000. Council needs to decide which fund to take the dollars from to make the payments. Council needs to direct Staff to prepare a contingency plan for the Center should the deal with the LMCC fall through. This plan should outline use and access, rentals, review of rentals, programming partnerships, covering operational costs, etc. Council needs to take action on the last four of those items in order to continue moving forward with executing of the Shorewood Option. Mayor Lizee stated she was not sure it was necessary to trig rcr the Shorewood Option. The facility is owned by the five Cities and she hoped they could work out some arrangement. If the other Cities wish to terminate their participation in the Cooperative Agreement tlhcv can do so \v;ithout having Shorewood buy the Center. If they all withdrew Shorewood would run the Ccnter, without having to pay them anything until the facility is sold or liquidated. Administrator Heck stated if a City decides to withdraw from the Agreement it would no longer have a voice in decisions relating to the Agreement and it would not have to pay any of the costs incurred. Should the facility be sold or liquidated a withdrawing City would receive the amount of its original contribution less its share of the operational costs during the period they were no longer an active participant. Mayor Lizee stated it seemed it would not be prudent for Shorewood to purchase the facility; it would cost the City $311,000. The other Cities could terminate their participation and Shorewood could run the Center. She questioned how good of an idea it would be to take dollars out of any City find (e.g.; the Sewer Fund, the Liquor fund) to purchase the facility during these economic times. Nickie Cram, 731 2"d Avenue, 1`cclsior, stated she serves on Excelsior's Planning Commission, she has been on the visioning committee which worked cooperatively with Shorewood, and she has worked with the Historic Preservation Society. She is well aware that it takes time to move things along when working with large groups or groups comprised of individuals with varying interests and perspectives. But that system provides a much needed system of checks and balances. She expressed concern with Councilmember Woodruff's comment about his thinking it was reasonable to exercise the Shorewood Option because trying to get 25 people to agree is difficult. It is difficult to get large groups of people to work together to reach consensus, but that is what leaders are supposed to do. Kindergartners are taught how to work together. If people don't work together, then people tend to become a little dictatorial and too radical. She would hate to see the Shorewood Council take everyone else out of the equation just because it's a little difficult to get along. The Shorewood Council seems to think it can run the Center better by itself, maybe it can and maybe it can't. There are people who don't agree with that and do want to be involved with Center. If the Cities make a decision to withdraw that would be a very different and more reasonable scenario. But to say you don't want to be very cooperative and you don't want to take the time is not the right approach. The issue of the Center is a complicated one with long-term consequences. This issue warrants taking the time and having the patience to work through it. CITY OF S°° O COUNCIL SPECIAL MEETING April 6, 2009 Rage 14 of 20 Councilmember Bailey stated he agreed with Councilmember Woodruff. The important implications of the Shorewood Option are if we want to keep the Shorewood Center operational with a new business model, he thought it would be important to have largely one management organization (which would basically be the City of Shorewood) running the Center. Tonight Council has been discussing some ways to make the operation of the Center viable going forward. In practice we have found having five Cities running the Center doesn't work well. Recently the Cities have had difficulty agreeing on how to nm the Center for one month, let alone for multiple years. Shorewood has been the largest contributor to the Center; it has contributed well over 50 percent of the cost. Yet, Shorewood has one vote out of five in terms of running the Center. The way things are structured today, if the roof needed to be replaced Shorewood would have to pay 50 percent of the cost to do so. The Cooperative Agreement is not well structured in terms of trying to keep the Center functioning well. For those individuals who are strongly interested in keeping the Center a viable, functioning operation then it is incumbent upon Shorewood to take the responsibility to acquire the Center from the other four Cities and to try and develop a management plan that will make the Center function. From a financial perspective the Center is in a lot of trouble. The only way he sees to get out of the bind is for Shorewood to exercise the Shorewood Option and move forward. Councilmember Zerby stated the way Councilmembers Bailey and Woodruff talk about exercising the Shorewood Option sounds very noble. They indicated Shore,,, ood will Kidd solvency to the operation of Southshore Center and it will stream line the operation of the Center. It sounds very nice. But, what is on the table is more tangled than that The LMCC has presented an offer, Council has discussed the offer and the LMCC has discussed the need for a conditional use permit from Shorewood to allow it to make the changes the LMCC thinks are necessary to the building.; and garage near the building. There has been discussion about the need for a title search; there is lack of clarity of who owns what property. There is a lot more going on than simply members of the Shorc%y;ood Council recognizing the need to purchase the Center and make it "float". Resolving the issue of the long-term future of the Center takes time. During his first tenure on the Council he was involved %rith the creation of the joint powers agreements for public safety services. During that time the Cities bccaine involved in legal proceedings about how costs for public safety services should be split. It's been necessary for the South Lake Cities to work together cooperatively on a variety of issues. T}hc Shorcy% ood Council can try and force reaching consensus within 60 - 90 days, but it's foolish to think the Cities can agree to a new Cooperative Agreement in that short amount of time. Councilmember Woodruff stated be wanted to make a few comments based on reactions he was observing from the audience with regard statements made about payments to the other Cities and the Shorewood Option. When the Cities entered into the Cooperative Agreement in 1996 to build the Southshore Center, the Agreement included a provision which has come to be referred to as the Shorewood Option. The Shorewood Option specifically states conditions under which Shorewood has the option to acquire the facility. From his vantage point more than a few of those conditions have been satisfied by things that have transpired over the last two months. Shorewood is not usurping anything, stepping out of line nor doing anything "under the table". The Agreement clearly specifies what Shorewood would have to pay the other Cities if it chose to acquire the facility from the other Cities. The Agreement also states should Shorewood acquire the facility and sell it within ten years, Shorewood would have to proportionately share any proceeds in excess of what it took to construct the facility with the other Cities. Council has voted to move forward with exercising the Shorewood Option. From his vantage point there is no question about what the City can do under the Cooperative Agreement. Councilmember Turgeon stated part of moving forward with the Shorewood Option is not a bad thing because there is some confusion about the deed and title to the building. If a City were to terminate their participation it would be worthwhile to know how the deed and title to the building are actually registered, and who owns the land under the building. That task will take about six weeks. She CITE' OF SHO 1WOOD COUNCIL SPECIAL MEETING April 6, 2009 Page 15 of 20 commented the LMCC cannot apply for a conditional use permit (C.U.P) because it does not own the building. Mayor Lizee agreed the LMCC cannot apply for a C.U.P. to modify the building because it does not own it; but it tried to. She stated LMCC representatives came to the City to make an application for a C.U.P. She commented Shorewood could not apply for a C.U.P. to remodel the facility because it is not the sole proprietor; all five Cities would have to apply for it. Lizee stated she did not think it was prudent for Shorewood to exercise the Shorewood Option because it would result in Shorewood paying the other four Cities a total of $311,000 to acquire the Southshore Center from them. If the other Cities want to terminate their participation in the Agreement they can do so; Shorewood does not need to pay them to do that. She thought it would be a bad idea to use City funds which could potentially be used for other purposes to purchase the facility. She noted she has a copy of the original Cooperative Agreement and lease agreement between the Cities and the Friends. She explained the Agreement included the following statement which is located just before the provision on the Shorewood Option: "At the termination of the lease term or termination by action and approval of the Cities the Center may be sold subject to the following:". She stated Shorewood needs action and approval by three of the other Cities. She emphasized the Agreement said "may be sold" and not "shall be sold" and it does not require the City not terminating their participation to buy out those that are. Mayor Lizee asked the other Councilmembers if they intend''ed to follow through with exercising the Shorewood Option. Woodruff moved, Bailey seconded, authorizing the Cite Attorney to conduct the necessary title work. Mr. Tom Anderson stated he, along ~yith many oi' the people in the audience, is confused. The dialogue by some of the Councilmembers this c%~cning has been if Shorewood exercises the Shorewood Option to acquire the facility, its intent is to continue to operate it as a community center. He asked Council if that meant the LMCC's offer is no longer being considered by Council. The Councilmembers did not respond to his question. Reverend Andrew Waldo stated he is pciplexed. He then stated he had not yet heard a single comment from any citizen in support of Slhorc;wood exercising the Shorewood Option. He has only heard three of the Councilmembers express their support of doing that. He questioned whose interests were being represented if Council takes that action. The audience and the petitioners have spoken in a relatively unified voice that they oppose this. Scott Keen 5665 Echo Road, asked Council if people should understand the offer from the LMCC is completely off the table. Councilmember Zerby stated that although the discussions of other Councilmembers have sounded noble, if their intent is to sell the Center then their comments are nothing more than a hollow promise. Mayor Lizee asked the Councilmembers whose interests would be served by exercising the Shorewood Option. She also asked if they were intent on encouraging a purchase offer from the LMCC. Mr. Keen stated he would like to apologize for his behavior earlier in the meeting, but he can't. He stated he did not understand why Shorewood can't manage the Southshore Center for a while when it is still owned by all five Cities. It doesn't make sense to him from either a fiscal perspective or management perspective for Shorewood to bully its way to acquire the Center and manage it. That seems like a lot to CITE' OF SHE WOOD COUNCIL SPECIAL MEETING April 6, 2009 Rage 16 of 20 take on for one city. He explained that when the Shorewood Council managed its liquor stores it didn't work out very well and Council decided to sell them. That experience does not give him a lot of hope for the Southshore Center if Shorewood acquires the Center. He stated the process by which the decision was made in general reflects a disdain for public interest and a relative true ignorance for fiscal responsibility. That really disappoints him. He noted when Councilmembers Bailey, Turgeon and Woodruff campaigned for Council seats last fall they ran on platforins of fiscal responsibility; doing what is best for the citizens of Shorewood and investing the residents' tax dollars wisely. He stated they repeatedly have shown a true lack of perspicaciousness in making these decisions. Mr. Keen went on to state the people in the audience are not idiots, yet some Councilmembers are speaking to us as if we are. Everything they have spoken sounds like a parent talking to a child. When the earlier part of this meeting was being conducted in Council Chambers and Council was asked to relocate the meeting to the Southshore Center, Councilmembers spoke to the audience like idiots and like children. When the meeting start time was discussed, Councilmember Turgeon stated she had made the decision to start this meeting at 5:30 P.M. two days after the March 23rd Council meeting and that's fine; but one of the Councilmembers was quoted in a newspaper published on either April 3`d or April 4"' as having said "you didn't want to be here until midnight". He thou-ht that comment was very disrespectful and full of disdain. The statement shows how you feel about yoln" constituents. He explained that Council's March 23'd vote did not inherently approve the sale of the Center, but it in no uncertain terms set the wheels in motion for a sale. From the beginning this issue was approached from a cynical and pessimistic perspective with little regard for input from Shorewood residents. If no decisions have been made and no deals are being considered as Councilmembers have said there is a considerable amount of conflicting information in the meeting packet for this mectin,-,. He noted Councilmember Bailey stated earlier that if the roof on the building caved in ShorCvaood va ould be on the hook for 50 percent of the cost to fix it. If Shorewood becomes the sole proprietor (hen It will be on the hook for all of it. He then stated he appreciates Council's time and everyone else's in attendance this evening. He stated he genuinely respects the Councilmembers.. and noted it a hard job to serve in that capacity. But, he did not think the Councilmembers were doing a very good job. Mayor Lizee called for a vote on the motion on the table which is to authorize the City Attorney to conduct the necessary title work. Motion passed 4/1 with Like dissenting. Bridget Donahue Borgenson, 5485 Grant Lorenz Road, stated she still wants to know if Council intends to sell the Southshore Center to the LMCC. The decision to not rent the Center after June 30, 2009, will result in a loss of income for the Center and hurt its financial stability. If Council was truly interested in having Shorewood manage the Center and if it was truly interested in fiscal responsibility, than why would Shorewood need to buy it? She expressed concern about the statement that there is nothing going on under the table because one of the Councilmembers who is making many of the motions is on the Board of the LMCC. She considers that a conflict of interest. She thought that in the spirit of fair play that Councilmember would recuse himself from any discussion about selling the Center to the LMCC. Mr. Bob Newman clarified he is the fonner Mayor of Greenwood; he not representing the City of Greenwood. This evening he has been addressing Council as a concerned citizen. He noted he has been asked to participate on the Southshore Senior Partners (SSSP) organization. He stated earlier he had made a point about the many differing opinions and polarity positions about the Cooperative Agreement, in particular about the right for Shorewood to unilaterally exercise the Shorewood Option. There are three Councilmembers in this room that believe Shorewood has the authority to exercise the Option unilaterally. Their rationale is based on the Friends of the Southshore Center dissolving. Whether or not the Friends action gives Shorewood the unilateral authority is very much open to interpretation and CITY 0- 7 - 7WOOD COUNCIL SPECIAL, MEETING April 6,'- _ Page 17 of 20 differences of opinion. There are many, many people in this room and in this community who disagree with those three Councilmembers interpretation; they believe four of the five Cities have to approve Shorewood exercising the Shorewood Option. Mayor Lizee stated she earlier asked Council if it would reconsider the motion it passed during its March 23 d Council meeting, noting the motion included Shorewood exercising the Shorewood Option. The three Councilmembers on the prevailing side of the motion have refused to reconsider it. Therefore, it appears the majority of the Shorewood Council is still interested in following through on Shorewood exercising the Shorewood Option to acquire the Southshore Center and become the sole proprietor. John Anderson, 200 George Street, Excelsior, stated his signature [as Mayor of Excelsior] is on the bottom of the original Cooperative Agreement. He was proud to be a member of the five Cities that signed a document to put together the Southshore Center. The Center has been in place for a long time and has been very successfiul. It would take just a very careless act on the part of one City to destroy it. It would be a shame. This evening there has been discussion about various options and trying to work issues related to the Center out with the other Cities; he thinks that is the way it should be done. This is not an easy process for anyone and he applauded all people who have been involved in that process for their time and effort. When the Cities originally prepared the Agreement to build a Center where all members of the community would like to go, the participal is sty Ugg!cd: it was not an easy process. He understood it's not easy for the Cities now. But, it's important to do what is right and fair for everyone, especially the seniors. He commented he was not a senior citizen at the time lie signed the Agreement but he is now and he is very proud of that. He is also proud of hat the Cities did in 1996 when they entered into the Agreement to build the Center. He stated to be part of the process to continue to make the Center work, rather then do things that would create stumbling blocks and-build walls, should make people feel proud. You will be able to tell your constituents that you made it work. It can work. We know it's important. We know it's not the dollars. It's a political process. Sometimes Councilmembers have to say they don't agree with something but vote in Cavor because it would be best for the larger community and a larger number of people. Someday the Councilmembers will become senior citizens, and he hopes there is a conununity center for them to go to lilac so many in this community have done. Mayor Lizee thanked Mr. Andersonn for his comments and for seeing the big picture more than 13 years ago. Lizee asked Administrator Heck w l:at he recommends should happen next. Administrator Heck stated his memorandum to Council dated April 2, 2009, identified a number of recommended action steps. He explained there is a meeting of the Southshore Center working group scheduled for April 7`" and during that meeting the Cities' representatives can evaluate the three proposals that were submitted for providing services to operate the facility and coordinate programming at the Center. The LMCC submitted a revised offer on March 18 to Shorewood in the form of a terms sheet to purchase the Center. The motion made during the March 23'd Council meeting included directing Staff to enter into final negotiations with the LMCC for the sale of the building to the LMCC. That direction was taken. He has met with the LMCC and he has told the LMCC that it is difficult to negotiate because Shorewood does not own the facility. The City Attorney has been directed by Council this evening to do the necessary title work, but Shorewood still will not solely own the building. Staff recommends Council request the LMCC receive approval from two-thirds of its member cities to acquire the facility prior to having any further negotiations with the LMCC. Shorewood would be taking a financial risk to acquire the facility for the possible sale of the facility to the LMCC if the LMCC does not have a guarantee that the purchase of the Center is a viable opportunity. He also recommends the process continue for having a commercial appraisal done for the facility. The meeting packet includes a memorandum from the City's Finance Director which states, that for insurance purposes, the facility is CITE' 0r -WOOD COUNCIL SPECIA-L MEETING April 6,21-1 Page 18 of 2" valued at approximately $1.19 million. The commercial appraisal may be less than that amount; he has no idea what it may be. It is very important for due diligence and fiscal responsibility to find out what the fair market value of the facility is. Councilmember Turgeon stated she did not have a problem with Administrator Heck's recommendations. Mayor Lizee stated she did not have a problem with Administrator Heck's recommendations. She stated she wanted the LMCC to withdraw its offer and follow the correct channels of obtaining approval of two- thirds of the 17 LMCC member cities to purchase a building, and then the LMCC can submit an offer to purchase the Southshore Center. She then stated she is not comfortable just tabling the LMCC's offer; she wants the offer withdrawn before there is any further work done on the commercial appraisal of the property. It has to be part of this agreement. Laurel Day, 25 Pleasant Avenue, Tonka BaY, stated he wondered how it could go so wrong in 12 years. He then stated he truly believed Councilmember Woodruff owed the audience a big apology because Administrator Heck just contradicted Woodruff's earlier statement that Shorewood did not have an offer with the LMCC. Mayor Lizee stated she did thine there was a lot of confusio:: thi-; evening and she was distressed to hear Councilmember Woodruff's comments because what he said was not absoIutejy correct. Mr. Day asked if the LMCC has the right to purchase the facility before any else. He also asked if there was any publicizing of the fact the facility was for sale. utayor Lizee stated there was not; it was never advertised for sale. He asked why not. He stated there are good community action oriented people in the community. He commented that he volunteers at the American Legion; he is the Con-unander there. He stated maybe someone else, such as the American legion, wants to purchase the facility, noting the Legion has approached Shorewood bciore about wanting to redevelop the northwest corner of County Road 19 and Smithtown Road. He stated mavbc the Legion could move into the Center, and the seniors could still use the facility. He explained all five of the member Cities have a park system which caters to the youth and young adults. He questioned if Shorewood spent more on its park system than it does on its roadways. He asked if the Cities are going to fund its park system for the youth, young adults and even adults then why can't they fiord something for the seniors. Mayor Lizee stated the building was never listed for sale, and Shorewood did receive an offer from the LMCC. She was not sure what uses ~tiere allowable by the Shorewood Zoning Code for the property. She cited a statement Councilmember Zerby made about one month ago which was the Southshore Center provides life-cycle recreation for the community. She stated for juniors, seniors, adults and kids. Ms. Nickie Craig stated she had a procedural question. This evening she learned that the Shorewood Council passed a motion at its March 23rd meeting on a 3-to-1 vote, noting Councilmember Zerby did not attend that meeting, and one of the three Councilmembers on the prevailing side of that motion is a member of the LMCC Board. She asked who that Councilmember was, and the response was Councilmember Woodruff. She explained she is an appointed member of the Excelsior Planning Commission and the Commission has by-laws which talk about the need for Commissioners to recuse themselves from discussions and voting when it could be perceived they could have a conflict of interest with or receive benefit from a consideration. She asked Attorney Tietjen if there was a conflict of interest for Woodruff. She explained if Woodruff had recused himself from that vote, it would not have passed because there was no majority vote. Attorney Tietjen stated it is her opinion that Councilmember Woodruff's membership on the LMCC does not create a legal conflict of interest for him; he does not have a personal financial interest in the CITE' OF SHO WOOD COUNCIL SPECIAL, MEETING April 6, 2009 Page 19 of 20 outcome of any potential sale by Shorewood to the LMCC. Woodruff does not legally have to recuse himself from the discussion or proceedings. Ms. Craig stated it would be a big issue if he should have had to recuse himself in the vote because there would not have been a majority vote. It could easily appear that Woodruff was someone who could push along the LMCC's interest even though he does not have a financial interest in the LMCC. She thought it should be addressed. Councilmember Woodruff explained this Council appointed him as one of the two representatives to the LMCC. The other representative is a private citizen and is a member of the LMCC Executive Connnittee (the equivalent of a board). He is not a member of LMCC's Executive Connnittee. He stated he had made it very clear to the LMCC Executive Committee that he would not participate in any discussions the LMCC Executive Connnittee has had relatively to crafting any offer to Shorewood or in any negotiations with Shorewood about acquiring the facility. He is aware of what the LMCC is doing. He has also told that Committee he would recuse himself should this come to a vote, noting Shorewood's other representative did the same. He is here representing the City. Mr. Scott Keen agreed the LMCC should withdraw its offer- for the Center. He stated earlier in the meeting Councilmember Woodruff stated to clear things up For all. of those in the audience that can't understand it, let's get the LMCC's offer off of the table. llc thought Council needed to go back to that issue of should the offer be taken off the completely. As lone as the offer is there he does not trust anything that some of the Councilmembers are saying. Mr. Woody Love stated he has spoken with the i?xccutlvc Dircetor of the LMCC and she was very specific that the LMCC was solicited by a eounci member for this purchase. The LMCC did not approach the Shorewood Council. He does not know which council member it was. This was quote by the Executive Director of the LMCC. Lizee moved, Zerby seconded, directing Staff to have a commercial appraisal done for the Southshore Center, requiring the 1,N~ICC to follow the appropriate channels to obtain approval from two-thirds of its member cities to purchase a building, and requiring the LMCC to withdraw its offer to purchase the Southsliore Center from Shorewood. Councilmember Turgeon stated she could support the first two parts of the motion. She did not think it was necessary for the LMCC to take the offer off the table because the LMCC terms sheet states a purchase agreement is contingent on the LMCC obtaining approval of two-thirds of its member cities. Administrator Heck stated the LMCC term sheet specifies the purchase agreement has to be executed by April 15, 2009. Turgeon stated another one of the LMCC's requirements was four of the five Cities had to approve Shorewood's exercising of the Shorewood Option. Turgeon based on those two requirements the LMCC's offer is basically off the table. Mayor Lizee stated if the offer is gone it should be out of there. The City of Shorewood doesn't own the building and can't take an offer on it from the LMCC. Councilmember Zerby stated the LMCC's offer is not valid, with which Mayor Lizee concurred. Councilmember Bailey stated he would support the motion. It is incumbent on the LMCC to get majority approval of it member cities to purchase the facility. He thought that was quite reasonable. Councilmember Woodruff stated lie can somewhat share Councilmember Turgeon's option that there is no need to require the LMCC to withdraw its offer as it is somewhat of a moot point. He can support CITY OF SHO WOOD COUNCIL SPECIAL MEETING April 6, 2009 Page 20 of 20 getting a commercial appraisal as that would be a prudent thing to do for insurance purposes. He thought the LIVMCC has to decide what it wants to do. The LMCC submitted a "deal sheet". Shorewood cannot require the LMCC to rescind it. The LMCC can do that if it wants. He then stated he will go along with the motion. Motion passed 510. 4. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Special Meeting of April 6, 2009, at 8:10 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk 5755 COUNTRY CLUB ROAD COUNCIL Cl- ° °°`--,S 7:00 P.M. 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Assistant Attorney Sonsalla; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None B. Review Agenda Mayor Lizee requested item l I.A.2 be moved to Item 5.B on the agenda. Turgeon moved, Zerby seconded, approving the agenda amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, March 23, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of March 23, 2009, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Councilmember Woodruff stated with regard to verified claims check # 48226 to League of Minnesota Cities Insurance Trust for an amount of $31,954.77, he did not recollect the item was specifically accommodated for in the 2009 budget. He questioned what impact that one claim would have on the City's 2009 budget for legal services. Director Burton stated it was likely the budget for legal services would be exceeded in 2009. Woodruff asked Burton to prepare a brief comparison of the 2009 legal expenses to date, the amount budgeted and the projected 2009 expenditure. Administrator Heck explained the claim was for the League's cost in the defense of the City's litigation with Ron Johnson. Woodruff moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. City Hall Duct Cleaning C. Approving ORDINANCE NO. 457, "An Ordinance Titled `License, Permit, Service Charges and Miscellaneous Fees'." D. Authorize Sanitary Sewer Televising Repairs Motion passed 510. CIT'E' O- s '--WOOD REGULAR COUNCIL 1 ° 'T JTES April 13,'_ - Page 2 of 13 4. MATTERS FROM THE FLOOR Bob Newman 5230 Meadville Street Greenwood, stated he had one item relating to the Southshore Center and he asked if it was appropriate he discuss it now. Mayor Lizee explained the Southshore Center item on the agenda was an update only so it was appropriate for Mr. Newman to address his topic now. Mr. Newman stated he is the Chairman of and the spokesperson for a newly formed committee called the Southshore Advising, Directing, Honoring Our Community (ADHOC) Committee. The Committee is a completely independent and temporary community-wide volunteer group of citizens who seek to act as a clearing house of accurate information and provide assistance for the five cities' council members and the public, and to facilitate the transition from current status of undetermined managerial responsibility, funding and programming to long-term stability for the Southshore Center. The Committee Members have a long and deep knowledge of the origin and operations of the Center and, therefore, offer a unique historical perspective on what has worked well and what has not. The Committee's goal is to facilitate and assist in securing the permanence and perpetuation of an efficiently managed and optimally utilized Community Center as an invaluable asset to multiple user groups and individuals within our greater community. Mr. Newman then stated the Committee is taking a very positive approach to achieving its goal. It's continuing its efforts based on the phenomenal support exhibited one week ago during the April Gt" Shorewood City Council special meeting. There clearly was a great deal of support for keeping the Center operational. The community acknowledged there have been difficulties over time, but it clearly sent a message that it wants people to work through those issues and find a solution that allows for the long-tern operation of the Center as a community asset. The Connnittee will be performing a number of tasks. The Connrnittee wants to make it self available to each of the five councils as an interchange. It wants to release information to the newspapers regarding progress and significant occurrences. The Cornnnittee will be a source of information so the community can stay informed about what is happening. The Conunittee will be visiting all five cities' council meetings to make Committee Members available in person at the meetings, as well as be available any other time. Mr. Newman went on to state the Committee hopes that given the phenomenal community support and momentum that has been generated that the councils would now see the benefit of pursuing the course of successful resolution and creating something very special. There has been a lot of adversity. The Committee wants to move forward in a positive iight; it wants to leave what has happened behind and start with a clean slate. The Committee wants to create an opportunity for the five cities to work together. From adversity people often come up with something stronger and better than it was before. He cited a comment Councilmember Turgeon had made a few weeks ago about given all of the activity around this issue recently if the only thing that comes of it is the testing of the waters to see what the Community's sentiment is about the Center then that was a good thing. The community has spoken. Maybe the exercise was a good one to go through because it brought the community together in a single voice of "Save the Center". The Committee hopes the cities' 25 council members can find a way to rally around the cause and the energy created to work with the Committee Members, each other, the other individuals that have been involved with the Center and anyone else who wants to be involved to create something stronger, better and more effective than what exists. Mr. Newman also stated the Committee would like the Shorewood Council to work with the Committee. The momentum and interest created can be considered somewhat like a freight train; a train that is gaining speed. The tankers are full of energy, the box cars are full of information and the passenger cars are full of people all riding on the same track toward a very positive destination. It will be each of the five cities' choice and each individual council member's choice if they want to climb on the train and ride it to the end of the track with everyone else, or take and alternate route or even stay at the station. The Committee hopes no one will lay down on the tracks in front of the train. There is an opportunity for everyone to recognize there was a real call from the community. In the Committee's communications to the local newspapers and the Star Tribune, the CITE' OF SHORE WOOD ` -JL," R COUNCIL MEETING MINUTES April 13, 2009 Page 3 of 13 Committee will be reporting activities related to the issue of the Center. The cominunications will acknowledge both those who help in achieving a positive outcome and those who don't. The councils have an opportunity to present as strong a voice as the public did on April 6`' Mr. Newman concluded his remarks by saying the Committee hopes the Shorewood Council and the other four councils will join in on this pursuit. He stated that because the ADHOC Committee is newly forned he can serve as the contact for the five cities' councils and then he and the Committee Members can disseminate information or do anything the councils think would be helpful. The Committee is committed and determined to succeed in creating something more special than the community has had before. He thanked Council for its time. Councilmember Turgeon thanked Mr. Newman for his comments, and she requested if there is any information the Committee wants from the Shorewood Council that he channel that request through the Shorewood City Administrator. Mayor Lizee thanked Mr. Newman for the Committee's efforts to move this forward to a positive solution. There are a lot of members in the community as well as a lot of council members who are very concerned about this issue and it would be fantastic if we can keep on track to finding a positive solution to it. 5. REPORTS AND PRESENTATIONS A. Boy Scout Troup # 424 Citizenship in the Coinmmtity Recognition Mayor Lizee stated this evening Boy Scout Troup # 424 is present this evening for "Citizenship in the Community Recognition". She noted Diana Eckerberg is present with the scouts this evening. Ms. Eckerberg stated she is the Citizenship for the Community Nlerit Badge Councilor for the Troop. Hayden Troy stated he is the Senior Patrol Leader of Troop # 424 which is based out of Excelsior. He explained the Boy Scouts are required to compictc scv,cral badges in order to achieve the rank of Eagle Scout. One of the badges is the Citizenship in the Community hadge. To complete this Badge the boy scouts must learn about their community's unique culture. Some of the requirements for attaining the Badge are: giving a presentation about our community; volunteering at a community enrichment service project (the Troop has chosen the Kids Against Hunger charity organization), and aucnding a city council meeting (which is why they are present this evening). Mayor Lizee called each of the 15 Boy Scouts individually to the podium and presented each of them with a "Certificate of Achievement". In response to a question from Mayor Lizee, Ms. Eckerberg stated the Boy Scouts will stay at this meeting until 8:30 P.M. B. Southshore Center This item had originally been Item 11.2.A on the agenda. Administrator Heck explained that the Southshore Center working group (the Group) met on April 7, 2009, and reviewed the three requests for proposals (RFPs) it received for management services for the Center. He explained the group consists of one elected official from each of the five member cities (the Cites) plus one other representative from each City. He stated RFPs were received from SouthShore Senior Partners (SSSP), Community Rec. Resources (CRR) and Charthouse Management. The Group decided to interview representatives from CRR and Charthouse Management on April 23, 2009, with CRR being interviewed at 7:30 A.M. and Charthouse Management being interviewed at 8:30 A.M. The Group elected not to interview SSSP as the proposal SSSP submitted was not in conformance to the RFP requirements. C-Y r C( 1~ REGULAR COUNCIL MEETI-" - ax°°JTES Par-~ 4 of 13 Administrator Heck then explained the Greenwood City Council met on April 7, 2009, and it decided it did not agree with the Shorewood Council's interpretation of Section 6(a) in the Cooperative Agreement regarding Shorewood's right to acquire the Southshore Center. The City received a letter from Greenwood's City Attorney stating Greenwood's position. The Greenwood Council did consider and approve the temporary operating agreement between the five member cities (the Cities) and SSSP without any changes. The Greenwood Council also considered the memorandum of understanding (MOU) between the Cities and approved it subject to Greenwood's liability being reduced from the 20 percent stated in the MOU to no more than 3.95 percent, which is the percent Greenwood contributed to the construction of the facility. He anticipated he would hear from the Deephaven, Excelsior and Tonka Bay City Councils over the next few weeks regarding the two documents. Councilmember Turgeon explained that with the dissolution of the Friends there is no agreement in place that requires the Cities to contribute anything to the operation of the Center. The Shorewood Council has asked each of the Cities to pay 20 percent of the costs (in excess of revenues earned) between March 1, 2009, and June 30, 2009. Administrator Heck has projected the amount the Cities would have to pay to be nominal. The Greenwood Council has stated Greenwood does not want to pay 20 percent, and it does not want to pay part of the cost of a commercial appraisal of the facility. Councilmember Zerby stated the Friends dissolving has nothing to do with whether or not the Cities are required to contribute anything toward the operational costs for the Center. The Cooperative Agreement between the Cities only addressed the construction of the facility; it did not address the ongoing operation of the facility. The cost to operate the Center has been an ongoing conversation hor quite some time. The Friends dissolving may have made it more pertinent. Councilmember Turgeon stated the Friends had been responsible for the operational costs the Center. In response to a question from Councilmember Zerby_ , Director 13urton stated she anticipated that within 2 3 weeks Council would have an appraisal. Councilmember Zerby questioned why Shore\o/ood would follow through with having an appraisal done when two-thirds of the Cities do not agree that Shorewood has the right to exercise the Shorewood Option. In response to a question from Councilmember Zcrby, Director Burton stated she received one quote that the cost of an appraisal would beS 1,500. Councilmember Turgeon stated she no longer thinks there is any value in having an appraisal done because there is not agreement between the majority of the Cities that Shorewood can exercise the Shorewood Option. There is no buyer for the Center. If anyone were to buy the Center it would likely be the City of Shorewood. The Cost for Shorewood to buy the facility is already known and that cost is $311,000. She questioned the need for an appraisal until there is agreement between at least four of the Cities to sell the facility. Turgeon moved, Zerby seconded, directing Staff to stop any further action related to having an appraisal conducted of the Southshore Center. Mayor Lizee agreed if the facility is not for sale there is no need for an appraisal. She noted for insurance purposes the League of Minnesota Cities has valued the facility at approximately $1.18 million; that amount is very different from the market value of the facility. Motion passed 510. Councilmember Woodruff stated he has not seen a copy of the RFP for management services for the Center and he would like to. Administrator Heck stated the Group put the RFP together and it did not distribute it to the Cities' councils. Heck stated he would forward it to Council. He stated copies of the RFP responses should have been included in the meeting packet for this meeting. CITE' OF SHOREWOOD REGULAR COUNC - " ,--aNG MINUTES April 13, 2009 Page 5 of 13 In response to a question from Councilmember Turgeon, Administrator Heck stated if Council has questions it would like the Group to ask during the interviews he would like to receive them by April 20t". 6. PUBLIC HEARING None. 7. PARIS No report was given because there had not been a Park Commission meeting since the last City Council regular meeting. Mayor Lizee stated the agenda for the April 14, 2009, Park Commission meeting contains an item titled "Accepting the Quote and Awarding the Contract for the Eddy Station Facility Rehab". She questioned if that meant the Park Commission would be accepting the quote and forwarding its recommendation to Council because the Commission does not award contracts. Councilmember Woodruff stated he is the liaison to the Park Commission, and the better choice of words would be to review the revised proposal and recommend if the contract should be awarded. The Commission had previously gone through a bid process and Council had accepted a quote for refinishing the Station, but by the time they did the recommended firm had gone out of business. 8. PLANNING Con-nnissioner Geng reported on matters considered and actions taken at the April 7, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). He noted that Chair Schmitt will be resigning from the Commission because he has moved to Buffalo. He stated the Commissioners arc disappointed about Schmitt's upcoming departure. Schmitt has done a terrific job as Chair and his knowledge and expertise about planning related matters have been invaluable. His departure will be a loss to the Planning Commission and to the City. Mayor Lizee stated Planning Commission Chair Schmitt's departure will be a loss, and she noted he did discuss the possibility of his moving earlier- in the year. She then stated the Council had interviewed a great pool of candidates for the Commission in February. She suggested Council meet before its April 27`r' regular meeting and review the list of candidates not selected loathe Commission in February to determine if one of them would be a viable candidate for the Commission. She also suggested Schmitt be asked for a recommendation on his replacement as Chair. She asked Commissioner Geng if he would stay through the discussion about the administrative enforcement policy. Councilmember Woodruff requested Administrator Heck contact the February Planning Commission candidates who were not selected to find out if they were still interested. A. Administrative Enforcement Director Nielsen stated over the last few months the Planning Commission and Staff have been working on an ordinance that would provide for administrative enforcement of a number of provisions in the City Code. The complaint process the City currently uses can be very expensive and time consuming if the City has to go to court. The administrative enforcement policy will allow the City to essentially write the violator a ticket. For sign violations and rental housing violations the City's only real remedy is often to take the violator to District Court. Nielsen explained the draft ordinance regulations provided to Council has been reviewed by the Planning Commission. The Commission held a public hearing for administrative enforcement during its 18 November 2008 meeting. The City Attorney has since reviewed the regulations and her connrnents are included in the draft provided to Council. The Commission reviewed the updated regulations and Staff's proposed fine schedule CITE' 07A ='=(WOOD REGULAR COUNCIL MEETING MINUTES April 139 r 9 Page 6 of K during its April 7"' meeting, and the Commission thought the proposed fines were too low. The schedule provided to Council has been revised based on the Commission's recommendations. The meeting packet also included a request for qualifications for hearing officers. Part of the administrative enforcement process includes the opportunity for a violator to come before a hearing officer to appeal a citation for a violation. Periodically a hearing officer will in effect hold City court to hear appeals. The statement of qualifications (SOQ) state an applicant must be licensed to practice law. The current thought is to establish a small pool of hearing officers to draw upon with the pool eventually being downsized to one or two officers. Nielsen stated the document provided to Council is not in ordinance format. It will be presented to Council in that format for Council consideration at its April 27, 2009, meeting. Staff hopes to have an administrative manual prepared by that meeting also. The manual will be used by Staff, the hearing officers and the people affected by the proposed code. Mayor Lizee stated there are three things that must be completed prior to the implementation of this process. They are the adoption of a fine schedule, the adoption of administrative enforcement procedures, and the advertisement for and the selection of hearing officers. Mayor Lizee asked Director Nielsen if anyone from the public spoke during the public hearing for administrative enforcement, to which Nielsen responded there may have been one person in the audience and he did not remember if they spoke. Lizee then asked if any of the other South Lake Cities are doing this. Nielsen stated not in the South Lake area, noting the City of Minnetonka uses this type of process and has done so quite successfully. The City of Bloomington has also had success ~witl-i this process. Mayor Lizee asked Council if it had any continents on the fine schedule. Councilmember Bailey stated Director Nielsen had explained the lines should be high enough to serve as a deterrent for potential violators, yet not so high as to encourage a violator to seek legal representation to challenge the citation. He asked Nielsen how the proposed fines were determined. Nielsen stated he had reviewed the fines proposed by some other cities, and the fines Staff proposed were on the low side. Staff thought if the proposed fines were not higt1 cnoMgh to cover the cost of the hearing officer, then the fines could be adjusted upward. All of the Planning Commissioners thought the fines were too low. He explained fines for subsequent violations increase on a graduated scale, and a number of cities double their fees the first time. Bailey stated he did not want pcoplc to think this is a cost of doing business. Nielsen stated the Commission expressed the same concern. Councilmember Woodruff stated the proposed fine for a Class A Offense is $100 and that won't cover the cost of a hearing officer. He questioned if the City would be better off with this system than going to court. Nielsen stated the goal is to come out better financially. Nielsen cited the situation in 2008 where the City spent nine months in court and over $8,000 to get someone to remove a zoning violation. He noted a person will still have the opportunity to appeal a violation in District Court. Individually the fine may not cover the cost of a hearing officer, but he anticipated many people will just pay the fine and not go to City court. In response to a question from Councilmember Bailey, Director Nielsen stated Staff has not yet determined the cost for a hearing officer. Mayor Lizee stated Hennepin County has encouraged local cities to consider administrative enforcement because the County Courts have such a heavy case load. Director Nielsen commented when cities first decided to consider administrative enforcement District Judges were not all that supported, but that has changed. Councilmember Turgeon stated she thought it would be beneficial to start this process, and she commented that the State Legislature is discussing expanding the list of violations cities can write tickets for (e.g., minor traffic violations). Director Nielsen stated Staff has been very careful not to include any violations related to traffic. CITY B"" ST----WOOD REGULAR COUNCIL MEETING MINUTES April 13,'---) Page 7 of 13 Councilmember Zerby stated he was the liaison to the Planning Commission at its April 7t" meeting, and he also thought the fines proposed by Staff were too low. He thought the $300 now being proposed for Class C Offenses, which includes wetland and tree preservation regulations violations, may still be too low and he questioned if it should be higher. Director Nielsen explained imposing a fine for those violations is optional. For example, if someone filled in part of a wetland it would be unlikely the City would use this tool; it would more likely be that the City would go directly to District Court and that would be a misdemeanor case with a fine of $1000. This administrative enforcement fine would be used for things such as someone dumping leaves in a wetland. The City's tree preservation ordinance provides for its own fine which would be in addition to the administrative enforcement fine. This tool may be used for when an excavator knocks over tree protection fencing and doesn't bother to put it back. In response to a continent from Councilmember Turgeon, Director Nielsen stated the fine schedule being considered by Council is consistent with what the Planning Commssion recommended. In response to another continent fi-om Turgeon, Nielsen stated if the SOQs indicate the fines are not high enough to cover the costs for hearing officers, he would discuss increasing the costs with the Planning Commission before he did so with Council. Mayor Lizee suggested Staff contact the other four South Lake Cities and encourage them to use this same process to work with a pool of hearing officers and have quarterly hearings. She stated she was not implying the City wait on them before unplementing this process. Administrator l leek stated he as spoken with the Tonka Bay City Administrator about this and she expressed interest. 1-Ie explained the City of Excelsior does issue administrative fines and it uses the City of Minnetonka's hearing- officer process for appeals. Councilmember Woodruff stated in the draft regulations docL1lnent, the definitions section states "civil penalty", yet in the regulations it refers to "criminal prosecution or civil litigation" and "bringing criminal charges". He questioned if there was a remnant of some criminal process that sliould have been removed. Director Nielsen stated the intent is to try and avoid the criminal process, not eliminate it. Councilmember Woodruff suggested the detirnition of "owner" be refined to cover situations where the property owner is not the violator. 9. ENGINEERING/PUBLI C W O R KS A. Engineering Consultant Pool Services Engineer Landini stated the City received 17 responses to the request for qualifications (RFQ) it issued to select firms for inclusion in a pool of firms to use for Engineering Services. The RFQ was published on the League of Minnesota Cities' website and in the local paper. Staff evaluated all 17 statements of qualifications. The firms were evaluated on: its ability to follow the directions; whether or not it had certain services in house; where the work would be perfonned; the experience of the inspection person; references; litigation experience; experience of the project manager; and software compatibilities. Council was provided with a tabulation of the scores. Based on the scoring Staff recommends the firms of WSB & Associates, TKDA, Bolten & Menk and HTPO be selected for inclusion in the pool. Mayor Lizee thanked Staff for preparing the scoring sheet as it made the evaluation easy to understand. Turgeon moved, Bailey seconded, establishing the firms of WSB & Associates, TKDA, Bolten & Menk, and HTPO as a pool of Qualified Engineering Service Consultants to implement the Capitol Improvement Program. In response to a question from Councilmember Woodruff, Engineer Landini explained the scoring sheet indicates a firm could receive a score of either zero or three for having survey services in house, with three being it did. The score of three indicated the importance of having that. In response to another question from CITY 0-1 S - -a-,WOOD REGULAR COUNCIL MEETING MINUTES April 13,'____1 Page 8 of 13 Woodruff, Landini explained Staff tried to weight the criteria by the scores. In response to a third question from Woodruff, Landini explained the hourly rate for the inspector was included in the evaluation because the inspector would be full time on the job and have the most financial impact on the cost. Landini noted all the firms that responded included a full rate sheet. Councilmember Woodruff stated he received input from one of the responders who stated the RFQ did not ask for references. That responder did not supply any references, and therefore received a score of zero for that criterion. Engineer Landini explained that all of the responders submitted names of cities the responder had done work for, and that is who he contacted. Landini stated he did not think he needed to have a list of references. In response to a question from Councilmember Bailey, Engineer Landini explained these four firms will be asked to bid on the various projects. Councilmember Bailey complemented Engineer Landini on the job he did. Motion passed 5/0. B. Radio Read Water Meter Replacement Project Return on Investment Administrator Heck stated Council had directed Staff to calculate .a rate of return for the City's investment in radio read water meters. Director Brown's memorandum dated April 9, 2009, describes how the rate of return was calculated. The Radio Read Water Meter Replacement I'roJect has 12.7 year payback period; this period is substantially less than the 25-year service life of the meters. Mayor Lizee stated the memorandum clearly demonstrates this was a good investment for the City. She stated these meters also have a positive impact on the personal safety of Public Works staff. Councilmember Woodruff thanked staff for the analysis. I le stated the analysis does not factor in the time value of money, and it also ignores the escalation in labor costs. Those two things probably offset each other. He hoped a projected return on investment would be calculated for tutUl-C projects prior to Council authorizing the work. Woodruff moved, Zerby Seconded, accepting the Radio Read Water Meter Replacement Project Return on Investment Report. Councilmember Turgeon asked if Council should just acknowledge the receipt of the report. Mayor Lizee she wanted Council to accept the report. Motion passed 510. Mayor Lizee thanked Director Brown for his efforts. 10. GENERAL/NEW BUSINESS A. City Hall Landscaping Report Director Nielsen stated he and Donna Woodruff (on behalf of the Southshore Gardeners) met with Steve Wadsworth of All Seasons Landscaping regarding landscaping for the City Hall property and the City-owned property next door. The three of them identified five areas that needed landscape work; the entry area to City Hall; the landscaped berm area on the west end of the parking lot; the west side of building along Country Club Road; the back of the building; and the rain garden proposed for the City-owned property. Mr. Wadsworth quoted a design fee of approximately $1,750, which he thought was reasonable. A very ballpark estimate for landscaping was a good case of sticker shock. He stated Mr. Wadsworth had a lot of good ideas. He related that CITY 0- S1-F-WOOD REGULAR COUNC®9,1 ",TTNG MIN[JTES April 13,2--'- Page 9 of 13 Mr. Wadsworth stated it was a "very plush" plan which could be pared back and/or phased in. He stated that based on the ballpark estimate he now thinks the City should get another quote for the design work as well as the landscaping itself. He requested Council provide him with a not-to-exceed amount for landscaping. He stated he had discussed this with Administrator Heck and they thought the limit should be $30,000 - $40,000. He explained part of the cost is to do some necessary soil correction work. The berm in the front is essentially old material from the parking lot, and nothing grows well there. There is some of that same type of material in front of the building. Mayor Lizee stated the landscaping will be part of the design of City Hall. Council had discussed efforts to go "green" and consider more native landscaping. She encouraged Staff go through the RFP process. There are a lot of local firms that do native design work. She commented there have been offers from the Minnehaha Creek Watershed District (MCWD) to help with the design, and there are also grants available if the City wants to partner with the MCWD in considering native plantings. Director Nielsen stated Staff met with the MCWD and the MCWD indicated it could contribute a small amount of money for native plants. Lizee stated the plan could be implemented in phases over 3 - 5 years. Director Nielsen stated he could get the list of firms who responded to the park planning RFP. Some of responders were landscape architecture fines or individuals and the City might be able to draw from that list. Mayor Lizee stated it is important for Staff to solicit bids to ensure the big picture is considered. Councilmember Turgeon stated she would find it difficult to establish the upper limit without having something to base it on. Director Nielsen stated Public Works staff may be able to help with soil correction efforts. Councilmember Woodruff stated 3 - 4 percent of a Sl million dollar project is a reasonable amount of money for landscaping. He noted TKDA is doing a concept plan for the City's parks with Badger Park being one of them. He suggested the landscaping plans for City Hal l be coordinated with Badger Park improvements. B. Financial Reporting Discussion Administrator Heck stated he, Director Burton. Councilmember Bailey and Councilmember Woodruff have been working on the design of a montlily financial reporting method to provide meaningful information about the City's current financial status and monthly/yearly comparisons. The report formmats have undergone changes of the last few months; therefore, Staff tliought it prudent to ask the other Couneilmembers to comment on the formats of the four draft reports included in their meeting packets. One of the requests Council had was for a calendarized reporting system. Because all the 2008 information is not available for the calendarized reports, Bailey had suggested 2008 be used as the base year and future years be built off of that. Mayor Lizee thanked Administrator Heck and Director Burton for their efforts. Councilmember Zerby asked what goal Council wanted to achieve from creating the reports. It the goal is just to monitor finances month to month to ensure things are on track, he thought the City's financial department can do that. Councilmember Bailey explained the Monthly Budget Report in the packet compares February 2008 actual to February 2009 actual; it shows revenues from licenses and permits in 2008 were $18,219 and in 2009 it was $2,784. Based on that he would ask what the reason was for that variance, and then decide if an adjustment should be made. The reports should serve as a basis for a no-more-than 10 minute discussion by Council and Staff during a meeting about what the issues are. Councilmember Zerby stated he thought looking at just one month was too short of a time period, with which Councilmember Bailey agreed. Bailey explained the second report shows year-to-date comparisons. It's CITY C" ` iOD REGULAR COUNC`- `"'--NG MINUTES April 13, 20 ! Page IO of l . important to know if revenue and expense year-to-date variances are significant; if so Council and Staff can decide whether or not some sort of action should be taken. Councilmember Zerby questioned if it would be worthwhile for Council to decide that for variances above a certain percent Staff should provide Council with a brief explanation of why. Council could review those variances on a quarterly basis. Councilmember Bailey stated he envisioned that both Staff and Council would use the reports to gain an understanding of what is happening with revenues and expenses. Council can use the reports to ask questions they may have about the information in advance of a meeting, and then they can be discussed at a meeting. Council can decide if corrective action should be taken, and it can assess if there should be any impact on the upcoming year's budget. The year-to-date report will be more useful as the year progresses. Couneilmember Zerby stated he was thought a rolling 12-month comparison would be better. Councilmember Bailey stated he had suggested that at the beginning; he also thought a rolling 12-month comparison would be better. Councilmember Turgeon stated the reports should help make sure there are no surprises at year-end. She stated she thought the reports were good. Councilmember Bailey stated the reports can be refined over time. !le thanked Administrator Heck and Director Burton for their efforts. In response to a question from Councilmember Zerby, Director Burton explained that once the formats are finalized, Staff hoped to create a customized report oft of the financial system. Once the reports are automated accuracy will increase. Administrator Heck stated the time consLrming part is the entering of actual data for 2008. Burton said the goal is to have a report that can pull information from the financial system. Councilmember Bailey stated after March 2009 in Formation is available it would be worth while to have a quarterly review of the 2009 budget. Councilmember Zerby agreed it could be beneficial for Council to have quarterly work sessions to discuss the current year's financial performance. Councilmember Woodruff stated he thought the new reports were a big improvement over the old reports. He suggested Staff provide Council with explanations for significant meaningful variances when the reports are distributed. Staff should also provide their recommendations for dealing with the variances that warrant corrective action being taken. Staff should decide when to initiate discussion with Council based on the amount of variance. Mayor Lizee stated she believed Council gave Staff direction to conduct quarterly updates. C. COPS Grant Administrator Heck stated South Lake Minnetonka Police Department (SLMPD) Chief Litsey had written a memorandum to the SLMPD Coordinating Committee about possibly applying for a grant from the COPS Hiring Recovery Program (CHRP). Council had been provided with a copy of the memorandum. He related that Mayor Lizee is seeking input from Council on this item. Based on various emails he thought Chief Litsey was encouraged to proceed with the process of applying for a grant, and the Coordinating Committee could decide at its next meeting if the SLMPD should continue with the process or withdraw its application. Heck explained if the SLMPD received a grant it would have money to pay for an officer for three years, but starting in year four, the SLMPD becomes responsible for those costs. Based on the most recent contract for the SLMPD labor union, he estimated the base wage for a fourth year office to be approximately $72,500 and benefits costs would be approximately $15,000. He thought this would be an agenda item for the next Coordinating Committee meeting. CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2009 Page 11 of 13 Mayor Lizee stated the next Coordinating Committee should be held this month and this topic will be discussed during the meeting. She explained that applications had to be made between March 16, 2009, and April 14, 2009. She thought it had been prudent to take a proactive approach, noting there are no guarantees the SLMPD will be awarded a grant. She stated if Council has any comments or questions she can bring them forward at the next Coordinating Committee meeting. Councilmember Turgeon stated she didn't mind going through the grant application process. She expressed concern that someone has known about this since March 9, 2009, yet this is the first time Council was asked about this. She stated Chief Litsey's memorandum states the grant funds would be used to hire an entry-level officer. During SLMPD strategic planning discussions in 2008 she thought the cost of the base salary for an entry-level officer was approximately $50,000. Administrator Heck's base-salary projection was at the Deputy Chief level. She explained Council had a lengthy discussion about the merits of adding an officer in 2008, and there was disagreement as to whether or not the need for one had been proven. She requested if the grant were approved that the SLMPD's four member cities' councils, not just the Coordinating Committee, discuss whether or not to accept the grant. She wanted Litsey to explain what the impact would be on the SLMPD budget starting in the fourth year. She stated Litsey's memorandum states the SLMPD needs close to $300,000 in grant monies to cover the cost of a new officer for three years. She commented that during 2009 budget discussions Council had indicated to Litsey that he could hire another officer as lon- as it could be funded within the 2009 budget increase of 6 percent over the 2008 adopted budget. She questioned what would happen if the grant was for less than $300,000. Mayor Lizee stated the `Coordinating Committee and the councils will get more information as things move along. She explained the grant would tentatively start on September 1, 2009, and go through August 31, 2012. Councilmember Turgeon asked if there could be a requirement that member cities' councils have an opportunity to weigh in on this. Councilmember Zerby stated Councilmember `I' tn,con referred to this Council's actions in 2008, and he clarified he was not a member of the Council then. E-lc then stated although he could somewhat appreciate Turgeon's desire to have the member cities' councils to weigh in on this because it would be nice to have the discussion about this before the bidet process begins; but, he did not think that one council (Shorewood) could impose that requirement. Councilmember Bailey stated Council can't demand anything, and he noted Mayor Lizee was asking for direction from Council. Councilmember Zerby agreed with Bailey. it. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Hall Construction Update Administrator Heck provided an update on the City Hall renovation project. The audio visual equipment for the Council Chambers should be installed the next week. There are a few electrical items that have to be done. The generator has to be tested. There is a construction project meeting scheduled for April 14, 2009, and one of the big "punch list" items for the project is the change order. The shadow box sign was installed on the building. Mayor Lizee stated that is a great design element. Lizee then stated she looked forward to receive an update on how things are progressing. 2. Southshore Center This was moved to Item 5.13 on the agenda. CITY O- r --WOOD REGULAR COUNCIL MEETING MINUTES April 13, Page 12 of 13 3. SE Area Water 'l'ower Administrator Heck stated trouble was encountered when filling the SE Area Water Tower. A hardhat had fallen into the Tower during the reconditioning of the Tower; it has since been removed. The reconditioning effort has resumed. The process of filling the Tower can be started and the chemical testing can be done. Councilmember Zerby asked when the cell phone towers will be placed back on to the Tower. He has received complaints about the noise generated from the mobile antenna. Administrator Heck stated he did not have an answer for that but he would find the answer. Other Staff' Reports Administrator Heck stated the City-owned house had been rented with a two year lease with an option to purchase. Staff has to remove the City-owned items from the garage. B. Mayor and City Council Mayor Lizee stated she had a coffee with the mayor session on April II and more than twelve people came to talk to her over an almost three-hour period. People expressed a lot of concern about the Southshore Center. There was also discussion about a Community Garden Project at one of the City's parks. People told her a group of Cornrnunity Gardeners (not the Southshore Gardeners) had submitted plans to the Park Commission and she would like to receive more information about that. Lizee then stated an Excelsior Library book sale is scheduled for April 18"' from 8:00 A.M. - 4:00 P.M. More than 130 boxes of books have been donated for the sale. The sale will be held at the Mount Calvary Lutheran Church. Councilmember Woodruff stated the Lake Minnetonka Conservation District's (LMCD) Exotics Task Force met on April 10"'. During that meeting there was a great deal of discussion about the aquatic invasive species (AIS) inspection program. The LMCD, the Lake klanagcmcnt Association (LMA), and the Minnesota Department of Natural Resources (MnDNR) have agreed to work more closely on the issue of AIS in Lake Minnetonka. There was agreement between the LMCD and the LMA to attempt to increase funding for inspections by 50 percent for 2009. The LMA agreed to match 50 percent of the LMCD's increased contribution. The MnDNR committed to increase its inspections by potentially more inspectors. Woodruff then stated zebra mussel shells have been found on the shore of Prior Lake. The MnDNR is going to conduct some sampling of the Lake to see if it can find live samples, and it will take some action to try and contain the problem. Mayor Lizee stated invasion of zebra mussels is a huge issue. She stated the Lake Minnetonka communities have had discussions about the ramifications of them entering the Lake. Lizee asked Councilmember Woodruff what the increase in inspections would entail. Woodruff explained inspections are conducted at all of the public launches, with the exception of one lightly used launch, but they are not conducted around the clock. The MnDNR hopes to increase the hours during which inspections are conducted. There will be approximately $21,000 added for inspections. Representatives from the LMCD, the LMA, the MnDNR, the Three Rivers Park District, and the Hennepin County Sheriffs Patrol attended the Exotic Species Task Force meetings. Representatives from the Army Corps of Engineers participated in the last meeting via phone. Mayor Lizee stated the Minnehaha Creek Watershed District (MCWD) has expressed interest in assisting with this issue. Councilmember Woodruff noted MCWD representatives were also in attendance at the last meeting. CITY 0n > a°_' -711 TLAR COtJNC-l : ±,-NG MINUTES April 13, Rage 13 of 1_ Mayor Lizee stated there are a number of private launches at marinas on Lake Minnetonka. She suggested something be published about the issue in the City's newsletter. Couneilmember Woodruff suggested the LMCD Executive Director be invited to the next Council meeting to discuss the LMCD's entire AIS program. Mayor Lizee suggested she and Woodruff get together to discuss some type of presentation. In response to a comment from Councilmember Turgeon, Mayor Lizee suggested it may be beneficial to have a mayors' roundtable discussion with the Lake Minnetonka communities' mayors and representatives of the various agencies to discuss this issue. Councilmember Bailey stated an Excelsior Fire District (EFD) Board budget work session is scheduled for April 22" d He noted he has asked EFD Chief Gerber to attend Council's May 11 meeting to discuss the preliminary EFD 2010 budget. He stated he was asked to and he agreed to serve as the EFD Board's representative on the Excelsior Firefighters Relief Association (EFRA) Board. The EFRA pension fund is significantly more under funded than was originally thought, noting is was not the fault of the EFRA Board. He stated the EFD's five member cities will have to address the funding problem. Bob Newman 5230 Meadville Street Greenwood, asked Cou»cihnember Woodruff if the agencies have considered reducing the number of access points to Lake Minnetonka to better utilize the resources dedicated to inspections. Woodruff responded no, noting there have been discussions about that in the past. The LMCD plans to revisit the Lake Minnetonka Management Plan during its strategic planning discussions; that Plan does discuss the number of access points. 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of April 13, 2009, at 8:56 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk AALE APPROVALS For 04/27/2009 Council Meeting s, Prepared by: Date: & - 12, -17 Michelle T. Nguyen, Sr. Accounting Clerk Reviewed by: _ Bonnie Burton, Finance Director Approved by: B,ian Hec 1C' Administrator Date: f Date: Check # Vendor Nawne Description Check Date Invoice # mount 48276 48277 48277 48278 48278 48278 48278 48278 48278 48278 48278 48278 48278 48280 48282 48283 48284 48285 48286 48287 48288 48289 48289 48291 48294 48295 48295 48295 48295 48295 48295 48296 48297 48298 48300 48300 48302 48302 48302 48302 48302 48303 48304 48305 48306 48309 48310 48311 48311 48311 48312 48313 $263.48 $1,609.60 $210.96 $2,953.58 $121.90 $250.05 $831.85 $188.84 $223.92 $405.01 $326.11 $426.20 $292.31 $305.00 $264.00 $357.00 $241.05 $230.00 $230.28 $1,012.54 $383.01 $45.94 $46.12 $54.85 $2,025.00 $0.00 $3,678.93 $0.00 $1,186.56 $452.18 $1,226.31 $88.20 $462.46 $40.00 $680.00 $125.00 $260.00 $74.82 $45.18 $98.45 $40.00 $80.00 $131.80 $12,609.96 $53.12 $2,650.00 $598.80 $159.95 $17.60 $55.03 $147.46 $207.40 fiutrsday, Aprii 23, 2009 Rage I of '3 AFSCME COUNCIL 5 ICMA RETIREMENT TRU ICMA RETIREMENT TRU PERA PERA PERA PERA PERA PERA PERA PERA PERA PERA WELLS FARGO HEALTH ADVANCED IMAGING SO AFSCME CO 5 MEMBER ANCHOR PAPER COMPA ANDERSON, KRISTI B. BARNES DISTRIBUTION BIFFS, INC. BOYER TRUCK PARTS D BROWN, LAWRENCE BROWN, LAWRENCE CENTERPOINT ENERGY COMMUNITY REC RESO DELL MARKETING L.P. DELL MARKETING L.P. DELL MARKETING L.P. DELL MARKETING L.P. DELL MARKETING L.P. DELL MARKETING L.P. EXCELSIOR ENGRAVING GRAND VIEW LODGE GROUT, TWILA HENN CTY TRES. HENN HENN CTY TRES. HENN LANDINI, JAMES LANDINI, JAMES LANDINI, JAMES LANDINI, JAMES LANDINI, JAMES LEAGUE OF MINNESOTA LOCAL LINK MEDICA MENARDS MISC. VENDOR MN DEPT OF LABOR & I MOORE, JULIE MOORE, JULIE MOORE, JULIE MTI DISTRIBUTING COM OFFICE DEPOT P/R DEDUCTS - UNION D P/R DEDUCTS-DEFERRE P/R DEDUCTS-DEFERRE P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-PERA P/R DEDUCTS-HSA 4/6/09 TO 5/6/09 MAY UNION DENTAL PRE COPIER PAPERS SHWD REG PARK MTG 4/ NUTS, BOLTS, SUPPLIES APR RENT MUFFLER PHONE CHARGER & COM PHONE CHARGER & COM 5795 CTRY CLUB RD-FIN PARK MTG 4/6-4/17 OPTIPLEX 760-JEAN/TWIL OPTIPLEX 760-JEAN/TWIL OFFICE STD2007-GEN G OFFICE STD2007-GEN G OFFICE PR02007-BONNI BONNIE-OPTIPLEX 760 D AWARD PLAQUE-ROGER MN CITY/CTY MGMT ASS MAR WELLNESS REIM 2009 M100 MAINT FEE AUTOMARK PROGRAM SEC 125 REIM CELL & MILEAGE & COM CELL & MILEAGE & COM CELL & MILEAGE & COM APR WELLNESS REIM '09 JOINT LEGISLATIVE C MAY WEB SVC MAY MEDICAL PREM LUMBER & POST MIDWEST FENCE & MFG.: 1ST QTR REPORT CLIP ART/LMCC & RECYC CLIP ART/LMCC & RECYC CLIP ART/LMCC & RECYC BRAKE CABLE ASMB GEN SUPPLIES 04/14/2009 01 200904 04/14/2009 02 200904 04/14/2009 02P20090 04/14/2009 P 200904 04/14/2009 P 200904 04/14/2009 P 200904 04/14/2009 P 200904 04/14/2009 P 200904 04114/2009 P 200904 04/14/2009 P 200904 04/14/2009 P 200904 04/14/2009 P 200904 04/14/2009 P 200904 04/14/2009 16 200904 04/28/2009 047176 04/28/2009 MAY 2009 04/28/2009 10198782- 04/28/2009 APR14/09 04/28/2009 065404000 04/28/2009 W377664- 04/28/2009 267970 04/28/2009 200904220 04/28/2009 200904220 04/28/2009 57708497- 04/28/2009 8-2009 04/28/2009 DX6474P8 04/28/2009 DX6474P8 04/28/2009 XD5RP43 04/2812009 XD5RP43 04/28/2009 XDSRPRC 04/28/2009 XD63RJ48 04/28/2009 1718 04/28/2009 MAY 6-8/2 04/28/2009 MAR-2009 04/28/2009 FEB 12/09 04/28/2009 FEB12/20 04/28/2009 200904200 04/28/2009 200904220 04/28/2009 200904220 04/28/2009 200904220 04/28/2009 APR 2009 04/28/2009 129584 04/28/2009 292146199 04/28/2009 00016888 04/28/2009 71206 04/28/2009 MIDWEST 04/28/2009 635205322 04/28/2009 200904200 04/28/2009 200904200 04/28/2009 200904200 04/28/2009 661709-00 04/28/2009 470569764 # 48313 OFFICE DEPu F GEN SUrPLi z~) 04/2ojz009 4,12613 , $59.53 48313 OFFICE DEPOT GEN SUPPLIL3 04/28/2009 471503365 ($7.60) 48314 PAZANDAK, JOSEPH MILEAGES 3/30-4/10 04/28/2009 200904200 $63.25 48315 SHOREWOOD TRUE VAL CLEANERS 04/28/2009 91279 $15.95 48316 SO LK MTKA POLICE DE 1ST QTR COURT OVERTI 04/28/2009 1ST-2009 $354.25 48316 SO LK MTKA POLICE DE 2ND QTR LEASE PYMT 04/28/2009 2ND2009- $58,235.00 48316 SO LK MTKA POLICE DE MAR HENN CTY PROCES 04/28/2009 MAR09-H $75.00 48316 SO LK MTKA POLICE DE MAR 800 MHZ 04/28/2009 MAR2009- $16.00 48316 SO LK MTKA POLICE DE MAY OPERATING BUDGE 04/28/2009 MAY2009- $78,246.00 48318 TECHIES LASERFICHE REPAIR 04/28/2009 226141 $164.00 48319 TKDA ENGINEERS ARCH PARK CIP 04/28/2009 000200900 $27.75 48320 TOLL GAS & WELDING WELDING SUPPLIES 04/28/2009 260433 $123.69 48322 UNUM LIFE INSURANCE MAY LIFE INS PREM 04/28/2009 0296876- $1,327.17 48323 VERIZON WIRELESS BRAD N. CELL SVC 3/11-4 04/28/2009 199840590 $110.85 TOTAL FOR 101 GEA"ERAL Fb'/VD $177,278.65 48325 XCEL ENERGY CTY RD 19 PROJECT-UN 04/28/2009 CTY RD19 $84,500.00 TOTAL FOR 405 AISA CAPITAL IM11ROVEMENT $84,500.00 48293 COLLABORATIVE DESIG MAR CITY HALL RENOVA 04/28/2009 090273 $652.59 48296 EXCELSIOR ENGRAVING ROBERT & DANA-SIGN 04/28/2009 1719 $16.04 48301 INNOVATIVE FURNITUR KEYBOARD TRAY 04/28/2009 990568 $194.19 48301 INNOVATIVE FURNITUR CORNER SLEEVE 04/28/2009 990569 $64.85 48324 WARNER CONNECT PHONES 04/28/2009 0077437 $804.36 TOTAL FOR 410 CITY BLDG PRO.IE CT $1,732.03 48273 MISC. VENDOR HUDLOW, WILBUR 04/28/2009 000200904 $1.05 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $141.40 48281 ACTIVAR INDUSTRIAL PL PLASTIC PLUMBING PAR 04/28/2009 818558 $39.99 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PRO 04/28/2009 2008PRO $105.00 48315 SHOREWOOD TRUE VAL ACID CLEANERS 04/28/2009 91061 $23.93 48315 SHOREWOOD TRUE VAL HARDWARE 04/28/2009 91095 $21.12 48315 SHOREWOOD TRUE VAL PAINT SUPPLIES 04/28/2009 91162 $10.67 48317 SPRINT SVC 3/13-4/12 04/28/2009 588283312 $87.01 48321 TONKA BAY-CITY OF 1ST WA & SW CONNECT 04/28/2009 1ST-2009 $345.00 TOTAL FOR 601 W 1TE'R (ITILITY $775.17 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $86.62 48290 CCS CONTRACTING PV #2-L.S. 16 04/28/2009 PV#2-FIN $4,279.70 48292 CLAREY'S SAFETY EQUI CALIBRATION GAS MONI 04/28/2009 125259 $42.60 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PRO 04/28/2009 2008PRO $105.00 48307 METRO COUNCIL ENV.(S 1ST QTR SAC REPORT 04/28/2009 1ST QTR- $1,980.00 48308 METRO COUNCIL ENVM MAY WASTEWATER SVC 04/28/2009 000089611 $48,017.98 48317 SPRINT SVC 3/13-4/12 04/28/2009 588283312 $87.00 48321 TONKA BAY-CITY OF 1ST WA & SW CONNECT 04/28/2009 1ST-2009 $1,519.18 TOTAL FOR 671 SANITAR)'SEHIER UTILITY $56,118.08 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $5.90 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PRO 04/28/2009 2008PRO $105.00 48311 MOORE, JULIE CLIP ART/LMCC & RECYC 04/28/2009 200904200 $53.35 TOTAL FOR 621 RECYCLING UTILI TY $164.25 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $22.69 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PRO 04/28/2009 2008PRO $105.00 TOTAL FOR 631 STORM11ATF_R:NA N'AGEt11F_NT L% TILIT $127.69 Thursday, .1 prit 23, 2009 Page 2 of'3 o _ $320,695.87 Thursday, ,-iyril ?3, 009 Page 3 of 3 City Of Sh C peek # 'erg C11-c'k i. g 48273 MISC. VENDOR HUDLOW, WILBUR 04/28/2009 000200904 $1.05 TOTAL FOR MSC. d ENDOR $1.05 48276 AFSCME COUNCIL 5 P/R DEDUCTS - UNION DUES 04/14/2009 01 200904 $263.48 TOTAL FOR AFSCME COI"A'CIL 5 $263.48 48277 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRED CO 04/14/2009 02 200904 $1,609.60 48277 ICMA RETIREMENT TRU P/R DEDUCTS-DEFERRED CO 04/14/2009 02P20090 $210.96 TOTAL FOR 101A RETIREA EN'T TRUST=302131-457 $1,820.56 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $188.84 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $22.69 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $5.90 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $86.62 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $141.40 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $121.90 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $831.85 48278 PERA P/R DEDUCTS-PERA 04/1412009 P 200904 $223.92 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $405.01 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $326.11 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $426.20 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $292.31 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $2,953.58 48278 PERA P/R DEDUCTS-PERA 04/14/2009 P 200904 $250.05 TOTAL FOR PERA $6,276.38 48280 WELLS FARGO HEALTH P/R DEDUCTS-HSA 04/14/2009 16 200904 $305.00 TOTAL FOR WELLS FARGO IIEALTII BENEFIT SEICS $305.00 48281 ACTIVAR INDUSTRIAL PL PLASTIC PLUMBING PARTS 04/28/2009 818558 $39.99 TOTAL FOR ACTIVAR LVDVSTRIAL PLASTICS GROU P $39.99 48282 ADVANCED IMAGING SO 4/6/09 TO 5/6/09 04/28/2009 047176 $264.00 TOTAL FOR ADVANCED IHAGING SOL UTIONS INC $264.00 48283 AFSCME CO 5 MEMBER MAY UNION DENTAL PREM - 04/28/2009 MAY 2009 $357.00 TOT,AL FOR AFSC:YIL' CO 5 ,YIB.YIBERS HEAL TH FUND $357.00 48284 ANCHOR PAPER COMPA COPIER PAPERS 04/28/2009 10198782- $241.05 TOTAL FOR ANCHOR PAPER COAPAN Y $241.05 48285 ANDERSON, KRISTI B. SHWD REG PARK MTG 4/14/09 04/28/2009 APR14/09 $230.00 TOTAL FOR ANDERSON, KRISTI B. $230.00 48286 BARNES DISTRIBUTION NUTS, BOLTS, SUPPLIES 04/28/2009 065404000 $230.28 TOTAL FOR BARNES DISTRIBUTION $230.28 48287 RIFFS, INC. APR RENT 04/28/2009 W377664- $1,012.54 TOTAL FOR BIFFS, INC. $1,012.54 48288 BOYER TRUCK PARTS D MUFFLER 04/28/2009 267970 $383.01 TOTAL FOR BOYER TRUCK PARTSDISTRIBUTION C TR. $383.01 48289 BROWN, LAWRENCE PHONE CHARGER & COMP CA 04/28/2009 200904220 $46.12 48289 BROWN, LAWRENCE PHONE CHARGER & COMP CA 04/28/2009 200904220 $45.94 TOTAL FOR BROWN, LAIVRE.A,CE $92.06 48290 CCS CONTRACTING PV #2-L.S. 16 04/28/2009 PV#2-FIN $4,279.70 TOTAL FOR CCS CONTRACTING $4,279.70 48291 CENTERPOINT ENERGY 5795 CTRY CLUB RD-FINAL BIL 04/28/2009 57708497- $54.85 TOTAL FOR CENTERPOINT E,'VERGY $54.85 48292 CLAREY'S SAFETY EQUI CALIBRATION GAS MONITOR 04/28/2009 125259 $42.60 TOTAL FOR (.'L AREY'SSAFF,T)-EQUIPAIENI', INC $42.60 Thtintfi{r, April 23, 2009 Page I of3 48293 COLLABOR TIVE I SIG MAR CIT -NOVATI rN 04/28/,' 09 090273 6 s TOTAL FOR Ct- ~77IIE DESIGN GROUP, LA" $652.59 48294 COMMUNITY REC PESO PARK MTG 4/6-4/17 04/28/2009 8-2009 $2,025.00 TOTAL FOR COiViM[%'tl'ITYRECRESOI;'RCES $2,025.00 48295 DELL MARKETING L.P. OPTIPLEX 760-JEAN/TWILA/PA 04/28/2009 DX6474P8 $0.00 48295 DELL MARKETING L.P. OPTIPLEX 760-JEAN/TWILA/PA 04/28/2009 DX6474P8 $3,678.93 48295 DELL MARKETING L.P. OFFICE STD2007-GEN GOVT 04/28/2009 XD5RP43 $0.00 48295 DELL MARKETING L.P. OFFICE STD2007-GEN GOVT 04/28/2009 XD5RP43 $1,186.56 48295 DELL MARKETING L.P. OFFICE PR02007-BONNIE BUR 04/28/2009 XD5RPRC $452.18 48295 DELL MARKETING L.P. BONNIE-OPTIPLEX 760 DESKT 04/28/2009 XD63RJ48 $1,226.31 TOTAL FOR BELL MARIiE77NG L.P. $6,543.98 48296 EXCELSIOR ENGRAVING AWARD PLAQUE-ROBERT & D 04/28/2009 1718 $88.20 48296 EXCELSIOR ENGRAVING ROBERT & DANA-SIGN 04/28/2009 1719 $16.04 TOTAL FOR EXCELSIOR E.YGRA €/1A"G $104.24 48297 GRAND VIEW LODGE MN CITY/CTY MGMT ASSN-BR 04/28/2009 MAY 6-8/2 $462.46 TOTAL FOR GR.4;i'D Y"IEW LODGF_ $462.46 48298 GROUT, TWILA MAR WELLNESS REIM 04/28/2009 MAR-2009 $40.00 - - TOTAL FOR GROI'T, T€€ _ILA $40.00 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PROCESS 04/28/2009 2008PRO $105.00 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PROCESS 04/28/2009 2008PRO $105.00 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PROCESS 04/28/2009 2008PRO $105.00 48299 HENN CTY TREAS.-TAXP ANNUAL SVC CHRG-PROCESS 04/28/2009 2008PRO $105.00 TOTAL FOR HENN CTY TREAS.-TAXPYER SVC:5 DIVISION $420.00 48300 HENN CTY TRES. HENN 2009 M100 MAINT FEE 04/28/2009 FEB 12/09 $680.00 48300 HENN CTY TRES. HENN AUTOMARK PROGRAM 04/28/2009 FEB12/20 $125.00 TOTAL FOR HE, NAl CTY TRES. HENN CTY ELECT10NS $805.00 48301 INNOVATIVE FURNITUR KEYBOARD TRAY 04/28/2009 990568 $194.19 48301 INNOVATIVE FURNITUR CORNER SLEEVE 04/28/2009 990569 $64.85 TOTAL FOR INNO€ ;ATI €1: FCiRNITURE SOLUTIONS $259.04 48302 LANDINI, JAMES SEC 125 REIM 04/28/2009 200904200 $260.00 48302 LANDINI, JAMES CELL & MILEAGE & COMP VID 04/28/2009 200904220 $98.45 48302 LANDINI, JAMES CELL & MILEAGE & COMP VID 04/28/2009 200904220 $45.18 48302 LANDINI, JAMES CELL & MILEAGE & COMP VID 04/28/2009 200904220 $74.82 48302 LANDINI, JAMES APR WELLNESS REIM 04/28/2009 APR 2009 $40.00 TOTAL FOR LANDINI, JAMES $518.45 48303 LEAGUE OF MINNESOTA '09 JOINT LEGISLATIVE CONF- 04/28/2009 129584 $80.00 TOTAL, FOR LFAGI/E OF MINNESOTA CITIES $80.00 48304 LOCAL LINK MAY WEB SVC 04/28/2009 292146199 $131.80 TOT4L FOR LOCAL LINK $131.80 48305 MEDICA MAY MEDICAL PREM 04/28/2009 00016888 $12,609.96 TOTAL FOR MEDICA $12,609.96 48306 MENARDS LUMBER & POST 04/28/2009 71206 $53.12 TOTAL FOR ME_-YARDS $53.12 48307 METRO COUNCIL ENV.(S 1ST QTR SAC REPORT 04/28/2009 1ST QTR- $1,980.00 TOTAL FOR METRO COUNCIL ENt _.(SAC) $1,980.00 48308 METRO COUNCIL ENVM MAY WASTEWATER SVC 04/28/2009 000089611 $48,017.98 TOTAL FOR METRO COUATCIL ENY"11 T(€€'ASTEW9TER) $48,017.98 48309 & MFG.:INV1 04/28/2009 MISC. VENDOR MIDWEST FENCE MIDWEST $2,650.00 - TOTAL FOR MISC € EADOR $2,650.00 48310 MN DEPT OF LABOR & I 1ST QTR REPORT 04/28/2009 635205322 $598.80 TOTAL FOR MN DEPT OF LABOR & INDUSTRY $598.80 48311 MOORE, JULIE CLIP ART/LMCC & RECYCLE MI 04/28/2009 200904200 $159.95 I u2rsdapv. April 23, 2009 Page 2 of 3 e # 'en 'w-,, 48311 MOOR, JULIE CLIP ART/LMCC & RECYCI MI 04/28/20(';' 200904200 $17.60 48311 MOORE, JULIE CLIP ART/LMCC & RECYCLE MI 04/28/2009 200904200 $53.35 48311 MOORE, JULIE CLIP ART/LMCC & RECYCLE MI 04/28/2009 200904200 $55.03 TOTAL FOR MOORE, JI,'LIE $285.93 48312 MTI DISTRIBUTING COM BRAKE CABLE ASMB 04/28/2009 661709-00 $147.46 TOTAL FOR ,TITI DISTRIBUTING COMPANY $147.46 48313 OFFICE DEPOT GEN SUPPLIES 04/28/2009 470569764 $207.40 48313 OFFICE DEPOT GEN SUPPLIES 04/28/2009 471261373 $59.53 48313 OFFICE DEPOT GEN SUPPLIES 04/28/2009 471503365 ($7.60) TOTAL FOR OFFICE DEPOT $259.33 48314 PAZANDAK, JOSEPH MILEAGES 3/30-4/10 04/28/2009 200904200 $63.25 TOTAL FOR PAZA,,VDAK, JOSEPH $63.25 48315 SHOREWOOD TRUE VAL ACID CLEANERS 04/28/2009 91061 $23.93 48315 SHOREWOOD TRUE VAL HARDWARE 04/28/2009 91095 $21.12 48315 SHOREWOOD TRUE VAL PAINT SUPPLIES 04/28/2009 91162 $10.67 48315 SHOREWOOD TRUE VAL CLEANERS 04/28/2009 91279 $15.95 TOTAL FOR SHOREt#OOD TRUE VALIJE $71.67 48316 SO LK MTKA POLICE DE 1ST QTR COURT OVERTIME 04/28/2009 1ST-2009 $354.25 48316 SO LK MTKA POLICE DE 2ND QTR LEASE PYMT 04/28/2009 2ND2009- $58,235.00 48316 SO LK MTKA POLICE DE MAR HENN CTY PROCESSING 04/28/2009 MAR09-H $75.00 48316 SO LK MTKA POLICE DE MAR 800 MHZ 04/28/2009 MAR2009- $16.00 48316 SO LK MTKA POLICE DE MAY OPERATING BUDGET EXP 04/28/2009 MAY2009- $78,246.00 TOTAL FOR SO L MTKA POLICE DEPT $136,926.25 48317 SPRINT SVC 3/13-4/12 04/28/2009 588283312 $87.00 48317 SPRINT SVC 3/13-4/12 04/28/2009 588283312 $87.01 TOTAL FOR SPRINT $174.01 48318 TECHIES LASERFICHE REPAIR 04/28/2009 226141 $164.00 TOTAL FOR TECHIES $164.00 48319 TKDA ENGINEERS ARCH PARK CIP 04/28/2009 000200900 $27.75 TOTAL FOR ThDA E:IVGIIVEERS.4RCHITECTSPLf1NNERS $27.75 48320 TOLL GAS & WELDING WELDING SUPPLIES 04/28/2009 260433 $123.69 TOTAL FOR TOLL GAS & WELDING $123.69 48321 TONKA BAY-CITY OF 1ST WA & SW CONNECT 04/28/2009 1ST-2009 $345.00 48321 TONKA BAY-CITY OF 1ST WA & SW CONNECT 04/28/2009 1ST-2009 $1,519.18 TOTAL FOR TO,,,N,Kff BAY-CITY OF $1,864.18 48322 UNUM LIFE INSURANCE MAY LIFE INS PREM 04/28/2009 - - 0296876- $1,327.17 TOTAL FOR UA'G'A1 LIFE INSUIRANCE CO $1,327.17 48323 VERIZON WIRELESS BRAD N. CELL SVC 3/11-4/10 04/28/2009 199840590 $110.85 TOTAL FOR FERIZON WIRELESS $110.85 48324 WARNER CONNECT PHONES 04/28/2009 0077437 $804.36 TOT 9L FOR WARNER CONNNECT $804.36 48325 XCEL ENERGY CTY RD 19 PROJECT-UNDERG 04/28/2009 CTY RD19 $84,500.00 TOTAL FOR XCEL E.,N RG3' $84,500.00 TOTAL CHECKS $320,695.87 Ihursth y, Aprii 23, 2009 Page 3 qj 3 PAYROLL APPROVALS For 04/27/2009 Council Meeting Check # Last Name first Nrar e Ali Cheek Anit heck rate 999999 BROWN LAWRENCE A $2,623.66 04/14/2009 999999 BURTON BONNIE M $2,590.34 04/14/2009 999999 DAVIS CHARLES S $1,235.19 04/14/2009 999999 DENNEN PATRICIA L $1,370.26 04/14/2009 999999 GROUT TWILA R $1,409.09 04/14/2009 999999 HECK BRIAN W $2,648.52 04/14/2009 48274 HELGESEN PATRICIA R $1,507.23 04/14/2009 999999 HELLING PAMELA J $1,335.98 04/14/2009 999999 LANDINI JAMES A $1,484.49 04/14/2009 999999 LUGOWSKI JOSEPH P $1,467.26 04/14/2009 999999 MASON BRADLEY J $1,431.57 04/14/2009 999999 MOORE JULIE K $601.18 04/14/2009 999999 NGUYEN MICHELLE T $1,747.38 04/14/2009 999999 NIELSEN BRADLEY J $1,930.76 04/14/2009 999999 PANCHYSITYN JEAN M $1,923.31 04/14/2009 999999 PAZANDAK JOSEPH E $1,870.81 04/14/2009 48275 POUNDER CHRISTOPHER J $1,520.83 04/14/2009 999999 RADCLIFFE-KAPUS MICHAEL L $144.76 04/14/2009 999999 RANDALL DANIEL J $1,849.14 04/14/2009 999999 STARK BRUCE H $1,271.98 04/14/2009 999999 TOWER TERRY R $1,408.51 04/1412009 Total of Checks $33,372.25 fhursd(av, April 23, 2009 Page 1 of'l MEMORANDUM To: Mayor and City Council Members Brian Heck, City Administrator From: Twila Grout - Park Secretary Kristi Anderson - CRR Date: April 22, 2009 Re: Accept Quote and Award Contract for Eddy Station Facility Rehab at Freeman Park At the February 23, 2009, City Council meeting, the council awarded the bid for the Eddy Station Facility Rehab; however, the contractor has since gone out of business and the Park Commission moved to re-bid the project and to include in the bid Freeman Picnic Shelter. Attached is the quote tabulation for the Eddy Station facility and picnic shelter maintenance at Freeman Park. At the Park Commission meeting of April 14, 2009, the Park Commission recommended approval of the contract for Eclipse Painting, Inc. in the amount of $3,800. Council Action: Staff recommends approval of a motion that accepts the proposal provided by Eclipse Painting, Inc. for $3,800 for the Eddy Station Facility and Freeman Picnic Shelter maintenance. e 1P.® PRINTED ON RECYCLED PAPER r 3C City o° vood Quot do Eddy City Projeci o. t-M . 1A Quotes Opened: April 1, 2009, 11:00 A.Me City of Shorewood Park Coordinator: Kristi Anderson No Quoter Quote 1 Eclipse Painting, Inc. $ 3,800.00 2 Vision Painting & Design, LLC $ 5,897.00 3 Boon Painting, $ 11,748.00 4 Lakeside Painting no submittal 5 Dennis Haggerty Painting no submittal 6 Morkrids Painting & Home Maintenance no submittal F8 7 8 9 10 i 11 12 13 14 15 y 5755 Cu- ,,Tl ~Y CLIJ_ ROAD SHOREWOOD, MINNESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 ® www.ci.shorewood.mn.us - cityha1I@ci.shorewood.mn.us MEMORANDUM To: Mayor and City Council Members Brian Heck, City Administrator From: Twila Grout, Park Secretary Kristi Anderson, CRR Date: April 21, 2009 Re: Accepting Change Order No. 1 for Silverwood Park and Cathcart Park Recreation Courts Resurfacing The City Council, at their Janaury 26, 2009 meeting, awarded the contract to Dermco-LaVine to resurface the tennis courts for Cathcart and Manor Parks. The quote for these two parks came in at $8,760. It was also stated at the meeting that if the quote for doing the recreation courts at Silverwood and Cathcart was reasonable, the Park Commission would bring back to Council for their approval to have these courts sealcoated. It was also determined that the total cost for these services should not exceed $13,000. The minutes from January 26 meeting are attached. Dermco-LaVine provided the city with an estimate to resurface the recreation courts at Cathcart and Silverwood Parks. The work would consist of- • Wash and clean as needed • Patch any low areas and fill all cracks • Apply a 4 coat color system (2 black; 2 color) • Re-stripe with 2" white lines • Clean up site The Cathcart Park estimate is $1,707.00 The Silverwood Park estimate is $1,368.00 The total cost to resurface the tennis courts at Manor and Cathcart and to resurface the recreation courts at Carthcart and Silverwood is $11,835. Council Action: Accept Change Order 1 to resurface the recreation courts at Cathcart and Silverwood Parks in the amount of $3,075. PRINTED ON RECYCLED PAPER SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 2 of 17 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 hill 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. 100D CITY COUNCIL REGULAR MEETING MINUTES Jai ry 264 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. Councihnember 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 Der►nco-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 Councilmember Bailey, Chair Norman stated if the quote for doing the two half-courts was reasonable the Park Commission would come 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 meeting). A. Wildwood Preliminary Plat Director Nielsen stated Brent Hislop, 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-IC, 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-1C 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 575.E C.d i~ r -Y U, UP i ~ SHG,,EWGJJ, CU'A,ESOTA 55331-3927 ® (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mn.us - cityhall@ci.shorewood.mn.us MEMORANDUM DATE: April 22, 2009 TO: Mayor and City Councilmembers FROM: Jean Panchyshyn, Deputy Clerk Larry Brown, Director of Public Works Brian Heck, City Administrator RE: Approving an Agreement for Cleaning Services at Shorewood City Hall and Public Works Facility The City has had its current custodial service since June 2007. Now that City Hall has been remodeled and the current cleaning agreements for City Hall and Public Works expire in June, staff requested proposals for cleaning service. Seven proposals were received and reviewed by staff. Proposals were evaluated on the following criteria: 1) the responsiveness and expertise presented by the bidders as they toured the buildings 2) references provided by current customers of the vendors 3) cost of service, taking into consideration the quality of service For the old City Hall, we were paying a monthly fee of $300 for cleaning two times per week. For Public Works, the current fee is $260 per month for cleaning one time per week. Quotes were requested for cleaning two times per week at Public Works, as one time per week cleaning has proven to be inadequate. The quotes received for cleaning City Hall ranged from $365 to $495, and the quotes for cleaning Public Works ranged from $107 to $327. Based on the criteria noted above, the prefer-red vendor is Classic Cleaning Company. This vendor was the most responsive and presented the greatest expertise in the field while touring our facilities. The Company Overview is attached. They have provided cleaning service for the City of Wayzata for 19 years, and the City of Buffalo for a little over two years, as well as many other businesses. In addition to the letters of reference from these two cities (see attached), staff also contacted these cities and received affirmation of their satisfaction with the service provided. Their fee for two times per week cleaning at Shorewood City Hall is $495 per month, and $295 per month for cleaning Public Works. I ? f~6 PRINTED ON RECYCLED PAPER - E April 22, 2009 Custodial Service Agreements Page Two Although this provider is not the low bidder, our experience over the past several years with selecting the low cost custodian service has not provided the level of service we would like to have for the City. Now that City Hall has been remodeled, it is important to present a clean and well-maintained facility to the public, and for the employees who work here. Staff believes that Classic Cleaning Company will provide the best service for the City. Budget $4000 is allocated in the Municipal Building-City Hall budget (Code 400) for Janitorial Service for City Hall, and $3000 is allocated in Public Works Service (Code 400) for cleaning that facility. There are enough funds in the Public Works budget to cover their cost of cleaning two times per week. An additional $870 is needed to pay for the remaining months of cleaning at City Hall. It is expected that the Municipal Building-City Hall Building Maintenance line (Code 223) could be used to cover this additional cost, as there is $5000 allocated in that budget line for unforeseen maintenance items for the City-owned house, and the majority of those funds are still available. Council Action A motion authorizing the Janitorial Contracts with Classic Cleaning Company for cleaning service at Shorewood City Hall at a monthly rate of $495.00, at the Public Works Facility at a monthly rate of $295.00, both for cleaning two times per week. ,C i r ~ _ d sd` t 600 RICE STREET, WAYZAI-A, MINN. 55391 PHONE 473-0234 61 ~ September 24, 1992 RE: Mr. Rick Brunskill Classic Cleaning Co. To Whom It May Concern: I am writing on behalf of Rick Brunskill, owner of Classic Cleaning Co. Classic Cleaning has been cleaning the Wayzata City Offices since the fall of 1990. They have been doing an excellent job of cleaning and are always reliable and on time. It is a pleasure working with Rick and his cleaning crew. I would highly recommend Classic Cleaning if you are looking for a cleaning service. Sincerely, David Dudinsky Director of Public Service a EI T) O F B L F f L O. M I N N F S 0 1 A March 25, 2003 Mr. Chris Kosek and Mr. Rick Brunskill Classic Cleaning Company 2992 Gabler Avenue Southeast Buffalo, Minnesota 55313 Dear Mr. Kosek and Mr. Brunskill: 212 CEN"IRAL AVENUE BUFFALO, MINNEsom 55313 763-682-1181 E-MAIL: gerteralcitypostoffice ai)ci.buffalo.mn.us WEBSITE: ci.buffalo.imi.us Upon your request I am happy to write this letter of recommendation for your company's cleaning services on behalf of the City of Buffalo. We have enjoyed Classic Cleaning's services in our City Center, Police Department and Community Center over the past year and more. These are rather large public facilities that have customer and employee traffic, meeting rooms and public spaces, so need good quality services to maintain our needs. Prior to your cleaning services we employed another vendor whose costs were slightly less, but found that the costs saved were not worth the difference provided in services. Since Classic Cleaning has been providing our usual cleaning services we have had no issues of areas poorly maintained and in fact, have seen much improvement. And, we are concerned not only about the cleaning of these facilities, but about maintaining the public's assets which they entrust to us, and therefore have an utmost concern about protecting these assets. We have confidence in the staff's integrity both in cleaning and protecting the public's property. With that I am pleased to extend a positive recommendation for Classic Cleaning, and wish you success in pursuing other contracts and endeavors. Feel free to contact me if you need additional information or feedback. Sincerely, XauAssi stant City Administrator TM 123j- HIGHWAY 25 NORTH #4o8,, LJFFALO, MINNESOTA 55313 F.1.D. No.: 41-1422146 Dal _ 2009 T CITY C 1. ' perform the following se s r ity hall: A. Two _ . -r week: 2 A . _ •ag E&bid stFt 0.+14aEP oAbA~ r w A eiL. VY AIer w, acidessBs e f Desks d. L 1 ° . Shelves e. G L lers c. C• r I " s f File Cabinets 2. Lt a. C. =_nter c. e. Appliances (outside) b. Simcs d. rs Spat clean cabinet fronts 3. inking fountain. 4. Clean and sanitize all bq°`,rr is. a. "Toilets C. ri s e. Fi s )erasers . Urinals d. " Lks f S wash alls stalls 5. C✓le i entryway ar_ _)artition ` 5.3. 6, oo(' :n -ence t. .-is, in C--- -'1 9)(-rs. 7. S-, nd mop fl ,x 's. a. Lunchroom c. Bathrooms e. Foyer area b. Cloy room .ball ay 8. Empty all was-, re ;e°otacles and repla^e rs. 9. Pick up t,--- -s;de of building ;~,a. including cleaning of tobacco urn. Replenisl° :_.s3ary. 10. Vacuum all ...;s a carpeted areas (including stairs to basement) and arrange fu it€Ire in neat a orderly fashion. . Meekly: 1. Sanitize doc a andles light sv 2. Spot clec 1 3. Spot cle~ n r a Delivering quality building aintencanc 763A77,4546 7 3A77.5015 C. A-+ Anne -`ten -S. ..-,;t if needed) F $r are additional fee. I. Classic Cleaning C- nary will furnish -1--rock III. rk and vorkm~ '3 C( _ J7 - <A Wd , V ry J 6A.nu IV. CITY CJ, avid secure stora for o R 1 47 i-f J v. eel -117 . P C( C A III, If occur (from n, for example) tl -'gall be re cacdCl area is ri®s ~c i°tr3ced. I. i xL_ be darts on the 251h day of each mo t3-. s vill be due by the I of th, [ ora All monthly " ° lls will be for i " Eras amount, regardless of number, _ ° t , > in the VIII. Classic .ese °ve total responsibility -ar supervision of our em plays. _ I I Cl S] -J3 rust refer all -F . requests or sp ec to `'l,rtt c C_ is Cleaning '~o J. Imo. 'his arc---c - --nay be can _ 5y c"er party with (3Q) day's written notice. A- _ ill pay for the above services 495.' eek. ,chard k . President, Date J r'*.- _ - ` Date Starting Date d 1231 HIGHWAY 25 NI3If`IH #4.o * Lj~PFALO, MINNESOTA 55313 Delivering quality building ainten nce services for over 25 years, 763A77.4546 753A77.5015 issiccle nin co pa y®com II. ..a a. Rni cr q1-plies and quiprr--t. III. CITY _ r . F S g ; V )A $2,o-1u,uuC ai way`. IV. CITY C 'avid secure --'r os ° V. CITY C' al v Id3 P X a , G s C( M ~ I. If si o ccur - - -°r tl ;-'i ll b re W. & the IOt" 01 t, f r' regardless Vill. U. -,sic Ch - ire s r he total rest si ality fc ision our er loyee . i sur- dtion, CIT - O1 mus_ j a r c l in ly to the Preside ; Cleaning ~ ~ . a IX Ths~ a r r t may be c -1d by either party with (30) day's written notice. . If ac c- , 71Y ' T} I will pay for the ague se i ;s I C - 00 per or $295.00 per mot or two ct r. a ~ IE@II I dfl Authorized Signature, Date Sta. .'..1 Da c 5755 CGUNTR ( OLUu ROAD ® Sri0RL-vVOJD, MINNESOTA 55331-8927 9 (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mmus - cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: Larry Brown, Director of Public Works DATE: April 22, 2009 RE: Accept Improvement and Authorize Final Payment for Lift Station 16 Rehabilitation Project, located at 4915 Enchanted Lane, City Project 08-05 On May 27t", 2008, the Shorewood City Council entered into a contract with CCS Contracting, Inc., for the Lift Station 16 Rehabilitation Project, in the amount of $88,416. The project has been completed, inspected, and the final bonds and withholding certifications have been field with the City by CCS Contracting, Inc. Recommendations Staff is recommending approval of the resolution that accepts the Lift Station 16 Rehabilitation Project and authorizes final payment in the amount of $4,279.70 to CCS Contracting, Inc. es . 04 PRINTED ON RECYCLED PAPER ` CITY OF SII REWOO RESOLUTION NO ag- A RESOLUTION ACCEPTING THE LIFT STATION 16 REHABILITATION PROJECT, CITY PROJECT 08-05 WHEREAS, the City of Shorewood has entered into a contract with CCS Contracting, Inc. for City Project No. 08-05, for the Lift Station 16 Rehabilitation Project; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, subject to the following items: 1. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 2. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED by the City Council of the City of Shorewood this 27"' day of April, 2009. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk r 5755 COU. ]TRY CLLR IIOAD - SHOREWOOD, ..IINNESOTA 55331-8927 .(952) 474-3236 FAX (952) 474-0128 ® www.d.shorewood.mn.us ® cityha1I@ci.shorewood.mn.us MEMORANDUM TO: City Council ' FROM: Brian Heck, City Administratorr., DATE: April 17, 2009 SUBJECT: Performance Evaluation Training I received two responses to the proposal for providing training to non-union staff and department directors on performance evaluation. The Global Synergies Group proposal provides 27 hours of training and assessment. This firm will review our current evaluation system and process; work with staff and supervisors to put the process into practice, and hands on training of supervisors working one-on-one while they work out a development plan with each of their employees. The fee for this process is $4,050. The Midwest Government Advisors proposal offers 12 hours of training in four hour blocks: general session with all staff, supervisory session, and a session on document creation and/or amendment. The cost of this program is $2,200. Both firms have good reputations and knowledgeable trainers who are quite experienced in this area and would do an excellent job at the training. Recommendation In review of the proposals and services offered and given the level of training staff and department directors have in this area as well as the relative newness of our pay for performance system, I recommend the Council authorize contacting with Global Synergies Group to provide the training and evaluation form development services at a cost not to exceed $4,050.00. Funds for this training will come from the dollars set aside for merit increases. PRINTED ON RECYCLED PAPER 36 March 24, 2009 Brian Heck City Administrator City of Shorewood, MN 55331 RE: Performance Pay Training Dear Brian: Thank you for the opportunity to submit a proposal for training and modifications of the City's performance pay system. I am excited to respond to an effort that is challenging and cutting edge. The proposal identifies the need for client participation in the planning phase. I believe that the best results come when various approaches are discussed before a final action plan is put in place. I have included a brief overview of my qualifications and a list of recent projects that have some similar components. I have also invited Sherrie Le, a veteran Human Resource professional to provide some assistance. Please let me know if you have any questions, or would like to meet to discuss the proposal further. I look forward to hearing from you soon, All the best, Richard Fursman President Global Synergy Group r" f i I N1?i!c Lla/'woo,i. 11.` ((l4 (()J,11 f i ty OVO Shorewood Evaluation Form 25,2009 March Introdt The City of Shorewood is undergoing a significant transformation in the way pay and performance are linked. The City has moved all pay increases to a performance based system that evaluates work production and attitude. Evaluation Training and Services Requested: The City is seeking consulting Form services to: Development 1. Provide staff training for non-union employees as to their role in establishing expectation for performance: Assistance and 2. Supervisor training on holding evaluation sessions. negotiating expectations, and monitoring success and challenges; and. 3. Assist with the modification of the evaluation tool. Global Synergy Approach 1. 2. 3. Meet with client: It is essential that a kick-off meeting with Administrator Heck be scheduled to firm up expectations, review process points, establish keys to and description of success and flesh-out the program once the parameters are set. Review: Review current evaluation form, goals of the recent change (why did we change?), and history of pay and evaluations. Environmental Assessment: Determine if there is current buy-in of the change. What is being supported and what are the likely pitfalls if any? Is anyone blocking the change? Educate and Design: Work with the staff and supervisors in large and small groups to provide feedback on the environmental assessment. Discuss the case for the change and the importance of getting the process correct. Work with the staff to co-design changes/improvements to the evaluation form. 4. Using the evaluation form: Discuss and put into practice the evaluation process steps. Begin with a final review of the new evaluation form (tool). Work in a large group setting on how to set, monitor, and evaluate expectations. Individuals will learn to set expectations that are describable. measurable, and that fit into individual, department, and organization goals. 5. Training Methods: Work with each supervisor one-on-one while they develop a plan with and for each subordinate. They will discover how to set realistic expectations, and set check-in dates. They will understand that there should be absolutely no surprises at the end of the year when the final evaluation is completed. o City of Monticello, : Employee review and compensation plan o City of Crystal, MN: Evaluation and Teambuilding o City of Luverne, MN: Strategic Planning o City of Canton, SD: Executive Search, Strategic Planning, Onboarding and Governance o City of Eveleth, MN: Strategic Planning and Organization Restructure o City of Brooklyn Park: Organization Evaluation, Strategic Planning, Restructure o City of Eden Prairie, MN: Strategic Planning o City of Chaska: Strategic Planning o City of Oak Park Heights, Strategic Planning and Governance o City of Medina: Employee performance and teambuilding o City of St. Anthony, MN: Strategic Planning o City of Vasilkov, Ukraine: Organization Evaluation and Feedback o City of Northfiled, MN: Organization Evaluation and Planning o Barron County, Wisconsin: County-Wide Visioning o City of St. James, Economic Development Authority o City of Farmington, MN: Economic Development training/planning o Senior Community Services, Wayzata (non-profit): Executive Search, Governance o Forum on Racial Justice, Minneapolis Convention Center: Facilitated discussion on race o NAUKMA University, Kiev, Ukraine: Reorganization of Economics Department Fee Schedule: The fee will depend on the level of involvement desired and agreed to at the design meeting. An estimate with each activity is as follows with a billable rate of $150/hour for each consultant. Prep work and development is not charged. Kick-off meeting with Client: 2 hours No Charge 1. Review: Review current evaluation form, goals of the recent change and history of pay and evaluations. 13 hours $4501 2. Environmental Assessment: Determine if there is current buy-in of the change. What is being supported and what are the likely pitfalls if any? 14 hours $6oo] 3. Educate and Design: Work with the staff and supervisors in large and small groups to provide feedback on the environmental assessment. Etc. [8 hours $1,200] 4. Using the evaluation form: Discuss and put into practice the evaluation process steps. 14 hours: $6oo] 5. Training Methods: Work with each supervisor one-on-one while they develop a plan with and for each subordinate. [8 hours: $1,200] ,ita e ent i" I 1S as a_a M_ _ - • ~ _ Richard has over 25 years of senior management experience in local government, most recently as the City Manager of Maplewood, Minnesota and has been awarded. the title of Credentialed Manager by the International City Manager's Association. Richard. is President of Global Synergy Group, which provides Organization Development (OD) services to public and private organizations. He is also half owner and soon to be President of the Brimeyer Group, Executive Search Firm. Richard teaches as an Adjunct Faculty member at the University of St. Thomas, and with Government Training Services and PMI-Minnesota. Richard earned his Bachelor of Arts in Economics from the University of St. Thomas and his Master of Arts degree in Urban and Regional Affairs from Mankato State University. Ile is completing his Doctoral Dissertation on helping new hires become effective employees as quickly as possible. Richard has international consulting experience in Kiev, Ukaine at NaUKMA University (Economics Department Reorganization) and as an advisor to the City of Vasilkov, Ukraine. Sherrie Le: Sherrie has twenty-five years of human resource management experience in the public sector and has managed numerous search processes for all levels of positions in the public sector, including administrative and management positions. She developed the first Personnel Services Program for the League of Minnesota Cities, which provided human resource advice and professional assistance for member municipalities. Sherrie was responsible for developing and monitoring the pay-for-performance plan in Maplewood. Sherrie is also the president of her own consulting firm, specializing in human resource services for the public sector. Sherrie was the Human Resource Director for the City of Maplewood, MN for over twelve years just prior to starting her consulting firm. She was responsible for procurement of employee benefits, some of which were arranged through municipal pools. Ms. Le was also responsible for worker's compensation and some of the risk management functions for the City. MIDWEST GOVERNMENT AD- , )R'-' 10205 152"' STREHT NORTH, HuGO. MN 8 WILLIAM IOYNES 612.860.4950 RO ER'l SHELLU M 651.341.0370 City of Shorewood erfor ace Appraisal Project Components: General Session, 4 hours, elements of successful performance appraisal All non-union employees. (lecture and role play) Control vs. Development functions What effects performance Appropriate forms Feedback interviews Role of employee Role of Supervisor Supervisory Session, 4 hours, supervisory responsibilities (lecture and role play) Performance definitions Conducting the evaluation interview Documentation Negotiating expectations, support Rater bias traps Relationship of coaching counseling and performance appraisal Connection to discipline Appraisal Forms, Creation and or Amendment, 4 hours, with supervisory employees. (alternatives and discussion) Measurement limitations Forms and the EEOC Law Behaviors vs. Characteristics vs. Standards MIDWEs'r GOVERNMENT ADVISORS 10205 152'"' STREET NORTH, Hum. MN 55038 WILLr,En4JOYNLs 612.560.4950 ROBERT SHELEGM 651.341.0370 Project Fees Three four hour sessions @$1800 Materials and expenses @$400 Total not to exceed $2200. Qualifications: Bill Joynes I have taught Public Sector Human Resource Management at the graduate level at Hamline University for 24 years. In addition I have provided Performance Appraisal training for the University of Minnesota, Employer Education Service for over 10 years. I have provided specific Performance Appraisal Seminars for Goodhue County, the Association of Minnesota Counties, League of Minnesota Cities, the City of Rochester Fire Department and the Southern Minnesota Public Safety Institute. Prior to employment with Hamline University, I served in the city management profession in Minnesota for 35 years, the last 19 years with the City of Golden Valley. ~ s s 570 5 CCUNTh r' CLL,, ~ OAD ® SHOI1 :WC.:JD, MINNESOTA 53331 8927 ®(952) 474 3236 FAX (952) 474-0128 - www.ci.shorewood.mn.us ® cityha1I@c1.shorewood.mn.us MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: April 17, 2009 SUBJECT: LMA Funding Request Dick Osgood of the LMA appeared before the Council at the February 9, 2009 meeting and presented information on the treatment of exotic plants in three bays in Lake Minnetonka. At the time, Mr. Osgood requested funding assistance from the City of Shorewood in the amount of $6,000. The Council approved this request on the condition that 1) the LMA received the requested grant from the DNR and 2) the LMA provided financial information on the use of funds the previous year. The LMA received the DNR Grant for the project and provided their 2007 financial report and a report on the project revenue and expenses for the 2008 program - both are attached. Staff is recommending authorization to release the requested $6,000 for Phelps Bay treatment as outlined in the February 9, 2009 Council Action. PRINTED ON RECYCLED PAPER ASS0C!AT10- 3 Bay Project Costs and Management (2008) The LADE MINNETONi~cA ASSOCIATION was the project manager and administrator for the first years' treatments according to the Three Bay Lake Vegetation Management Plan. A breakdown of activities included in the project management expense is as follows: 42% Provide coordination and support for the lakeshore owners' participation. Support the Bay Captains in providing materials, analysis and attending numerous meetings to acquire signatures, funding and answer hundreds of phone calls and emails. 31% Ongoing review and coordination of the Lake Vegetation Management Plan. 10% Applicator management and oversight, including working with the applicators to coordinate the treatments, responding to technical questions, being on sight during the treatments to make decisions regarding field conditions and appropriate modifications to the treatments. 10% Monitoring, including designing, disseminating and preparing the user perception survey, providing training and equipment for the Secchi disk and water temperature monitoring, collecting the data and preparing reports. 4% Contract management, including preparing the contract request, receiving and summarizing the bids, calling the bidders with clarifying questions, and getting board authorization. 4% DNR grant application, submission and execution. INCOME Residents LMCD MN DNR 3 Cities Total EZPENSES Treatment Project Management Total Applied to 2009 treatments Carmans Grays Phelps $30,878 $54,200 $26,750 $10,000 $10,000 $10,000 $8,333 $8,333 $8,333 $24,000 $49,211 $72,533 $69,083 $40,755 $56,120 $51,256 $7,798 $10,437 $9,601 $48,553 $66,557 $60,857 $658 $5,976 $8,226 TOTAL $111,828 $30,000 $24,999 $24,000 $190,827 $148,131 $27,836 $175,967 $14,860 LADE MINNETONKA ASSOCIATION ' I'. 0. Box 248, l xcelsior. SIN 55331 (952) 4700449 57,;5 C;oUNI,,Y CLUB ,OAD ~ SHOE EWC-D, ki„.iJESOTA 55331-8927 ~ (952) 474-3236 FAX (952) 474-0128 ® www.d.shorewood.mn.us ® cityhail@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landini, City Engineer(` DATE: April 23, 2009 RE: Resolution Accepting Plans, Specifications and Authorizing Advertisement for Bids for Bituminous Seal coating of Streets in 2009. As part of the Operating Budget, funds are set aside each year for Bituminous Seal Coating of Streets. The 2009 budget has $204,200 earmarked for sealcoating. Staff recommends seal coating with the upgraded bituminous oil. The upgraded bituminous oil was used last year (2008) and appears to be working nicely. The sealcoat aggregate expenditure will be presented to City Council at a future meeting. Streets scheduled for 2009 seal coating are shown on the attached map and are: Wedgewood, Woodside, Virginia, Teal, Strawberry, Smithtown Way, Smithtown Circle, Pine Bend, Peach Circle, Oak Ridge Circle, Noble, Marsh Points, Maple Ridge, Maple Ave, Manitou, Mallard, Lake Virginia, Kelsey, Kathleen, Howards Point, Grant Lorenz, Glen, Eureka, Elmridge, Edgewood, Church, Cathcart, Brynmawr, Brentridge, Blue Ridge, Arbor Creek, Amlee, Afton, 62nd st, City Hall parking lot, Public Works parking lot. This schedule may need to change due to budgetary constraints. Therefore the attached resolution approves the plans and specifications for such services and authorizes the advertisement for bids. If approved, the bid opening for this project is scheduled for 10:00 a.m., Wednesday, May 20, 2009. Recommendation Staff recommends approval of the attached resolution that approves the plans and specifications for the Bituminous Seal coating of Streets for 2009, and authorizes advertisement for bids. PRINTED ON RECYCLED PAPERl CITY F K-777001) SOLUTION NO.09- A RESOLUTION APPROVING SPECIFICATIONS AN ESTIMATE AN AUTHORIZING ADVERTISEMENTS FOR BIDS FOR BITUMINOUS SEAL COAT PROJECT 2009 WHEREAS, the City of Shorewood designates $204,200 for seal coating; and WHEREAS, the Director of Public Works has identified streets within the City that need bituminous seal coating; and WHEREAS, the Director of Public Works has prepared Specifications and Estimate dated April 24, 2009 for a project within the City of Shorewood for the 2009 Bituminous Seal Coating of Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: The Specifications and Estimate was prepared by the Director of Public Works for such improvement. Said Specifications and Estimate are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. (CST), on May 20, 2009, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of April, 2009. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk 2009 Bituminous Seal Coating of Streets For the Cities of Shorewood and Tona ay, Minnesota NOTICE IS HEREBY GIVEN that sealed proposals will be received at the City Clerk's Office in the City of Shorewood, Hennepin County, Minnesota at the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota 55331, until 10:00 A.M. on Wed., the 20th day of May, 2009 and will be publicly opened at said time and place by two or more designated officers or agents of the City of Shorewood. Said proposal to be for the furnishing and placement of Bituminous Material and all labor for the placement of owner furnished Seal coat Aggregate. 1800 TON Placement of Owner Furnished FA- 2 Grey Granite Seal Coat Aggregate 51,000 GAL Contractor Furnished CRS - 2P Bituminous Material for Seal Coat 11,273 GAL Contractor Furnished CRS - 2 Bituminous Material for Seal Coat Proposals arriving after the designated time will be returned unopened. The bids must be submitted on the proposal form provided in accordance with the contract documents, plans and specifications as prepared by the City of Shorewood, 5755 Country Club Road, Shorewood, Minnesota 55331, which are on file with the City Clerk of the City of Shorewood. Copies of Proposal Form Specifications for use by the contractors submitting a bid may be obtained from City Hall, City of Shorewood, 5755 Country Club Rd, Shorewood, Minnesota 55331, upon a deposit (non-refundable) of Twenty Five Dollars and No Cents 25.00 ) per set or a PDF file for free by email. No Bids will be considered unless sealed and endorsed upon the outside wrapper, "BID FOR 2009 BITUMINOUS SEAL COATING OF STREETS" and filed with the City Clerk of the City of Shorewood and accompanied by a cashier's check, payable to the City of Shorewood for 5% of the amount of the bid to be forfeited as liquidated damages in the event the bid is accepted and the bidder should fail to enter promptly into a written contract and furnish the required bonds. The City of Shorewood reserves the right to reject any and all bids. No bids may be withdrawn for a period of (30) days from the date of opening the bids. Date: April 24, 2009 BY: ORDER OF THE CITY COUNCIL Brian Heck, City Administrator PUBLISHED IN: The "Construction Bulletin" May 6"' & May 13t", 2009 The "Sun Sailor" May 7t" & May 14th, 2009 2009 Bituminous Seal Coating AFB j C, z .Q 1 IDIaiN3Ie - - ~ F L T I r o z o do )A's-: ~ D .11n o _ \ O C - 7 J - t - LA O ~ o 0 I n l O 1 'LE L T 2A+.i ' LOrREDZ r~i I1 ^\s ~ 1 \ RD d~ Ci - I T ED ST p m \ ~T IT ~ 1~ > I De 11 - ' - In JRCOD S c OF %~EUREKA _ aD R~ 1 C v 7 Y ~ m o uRE~n .r ~ - R - ~ / ^m z m ~WEDL oR m m z Z ,"C's FF DR c / I m m z Dnaas FAIR:,:.. JR z m s.^tvo) < I / J. CLUB Fa, c ~oP ER - _ z j 0 O rn r m m 3 8 7 te . , L 1 ~ o L I f G r - n Z Z 0 0 > J, - CUDTBY- ~ s RDA ~ I z 5 J r. yl" ` i. O spu z `vF D 0 z > P ) D -TI o~i€ s$e a SEAL COAT PROJECT xu~6M ~AR6 pp BASE ASAP 09-05 SHOREWOOD MINNESOTA on a r , - a or Chair Norman convened the meeting at 6:00 p.m. A. Roll Call Present: Chair Norman; Commissioners Davis, DeMers, Trent. Quinlan. Robb and Edmondson; City Council liaison Woodruff, Public Works Director Brown; and Park Coordinator Anderson B. Review Agenda Davis moved, Quinlan seconded, approving the Agenda as submitted- Motion passed 7/0. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of March 10, 2009 Davis moved, DeMers seconded, approving the Nlinntes of March 10, 2009, as presented. Motion passed 7/0. 3. MATTERS FROM THE FLOOR There were none. 4. REPORTS A. Report on City Council Meetings of March 23 and April 13, 2009 Woodruff reported that on March 23rd the City Council directed staff to investigate acquiring the Southshore Center under the Shorewood option and to engage in negotiations with the LMCC to explore a possible sale. The Council also approved an interim operating agreement. Woodruff added that the Council delayed discussions regarding the Zoning text amendment for fence advertising until a later May meeting. Woodruff stated that the Council held a Special Meeting on April 6"' to discuss the future of the Southshore Center. He acknowledged that there was a huge public turnout for this meeting and that a revised memorandum of understanding was approved changing the deadline to June 30`" At the 13`x' meeting, Woodruff stated that the Counci I approved the tennis court fee schedule, received an update on the Southshore Center noting that three management proposals are under consideration, and that Director Nielsen is working on the City Hall landscape design. Davis interjected that she would be happy to lend her knowledge to the landscape design process for the City Hall campus. PARK COMMISSION MINUTES TUESDAY, APRIL, 14, ' 009 PAGE 2 OF 9 Woodruff stated that it would be useful to have TKDA meet with the City as well. Woodruff further reported that the City leased the home behind City hall on a two year lease with an option to buy. As a member of the LMCD, Woodruff reported that zebra mussel shells have been found in Prior Lake; therefore, the LMCD has committed an additional $210,000 to help the DNR with their exotic species investigation. Chair Norman questioned the status of the shed on Shorewood Park property shotild the sale of the Southshore Center go thru. Woodruff stated that the title of the shed belongs to the City and what happens to it is up to the City. B. Update on Garden Proposal Anderson reported that she would be meeting with the harden group Wednesday at 4pm to discuss their options this year. She pointed out that, as directed by_staff and the Park Commission, she had informed the group that the only two options available to pursue at this time are !I,e Skate Park or southern tip of Freeman Park for a demonstration garden only. Trent acknowledged that, though difficult, he felt it critical they stay the course. The original intent has evolved so far from its inception, that he found it difficult without more investigation to offer alternatives this year. Edmondson stated that he looked forward to finding the garden people a good site long term, as the `going green' initiative is a good thing. Chris Liz6e, 5705 Brentwood Drive, stated that she was proud of our City stepping forward this year with an option for the commun ity garden. In speaking to neighbors, the consensus is that it is a good thing, and many supported Manor as a premier location, as it is safe, has adequate parking, and access to water. She encouraged the Park Commission to continue working with the group thru its park redesign process in order to find the proper space. She noted that this is a highly motivated, well organized, and active group of volunteers who would like to sec their efforts rewarded this year. C. Update on Online Survey/Newsletter Insert/Public Input Anderson presented the findings from the first three weeks of the online survey, noting that the initial survey was included in the April newsletter as well. Based on 17 respondents, she reviewed their comments and explained that their feedback will be beneficial as the Commission evaluates its redesign process. Anderson stated that feedback from the surveys will become part of the regular meeting reports. The Commissioners commented that it appeared people missed teeter-totters in the parks. In addition, they noted that, online the ranking question, #5, allows only 5 buttons for ranking as opposed to the 1-6 rank requested. Chair Norman pointed out that this will continue to be a living breathing document that can be revised quarterly if need be. Trent questioned whether the survey should remain online indefinitely or be removed and posted on an as needed basis. PARK COMMISSION MINUTES TUESDAY, APRIL 14, 2009 PAGE 3 OF 9 Robb questioned whether the results could be published. Quinlan complimented staff on the survey and noted that the changes that are integrated into our design process should be acknowledged within the newsletter. For instance, `improvements to these parks are in part due to our community wide survey results'. D. Update on Summer Activities Anderson provided an update on some of the summer activities. She stated that 13 Grizzley's will be the sponsor for the Safety Camp, providing lunch for 40 youth attending the camp free of charge, in exchange they will be the sole warm food provider for the Garage Band Jane, setting up a table to sell their food products on July 24`x'. In addition, Anderson pointed out that she had obtained a $250 -grant from AAA for the safety Camp program to purchase bike helmets, t-shirts, etc. She asked if someone could provide an update with regard to participation by the Park Foundation. Davis stated that the Park_ Foundation had committed to a$500 donation for Garage Band .lam and agreed to collect the fees collected from the participants. Anderson indicated that she had attempted to reach past Commissioner Hensley on numerous occasions to no avail with regard to his loaning the City their sound equipment for the Garage Band Jam. Davis urged her to continue to try to reach Hensley, as he }hacl indicated at his last meeting that not only did he have equipment we could use, but he was sure his kids would v~ant to participate. 5. REPORT ON MEETING WITH SOUTH TONKA LITTLE LEAGUE REGARDING MAINTENANCE OF FREFMAN BASEBALL FIELDS Anderson welcomed Leum of South Tonka Little League (SILL) , as well as representatives Jenzer and Heitkamp, and asked him to share his comments from the joint first annual maintenance/project meeting. Grant Leuin, Field Project/Safety Manager for STLL, gave a presentation from STLL's perspective regarding the meeting held between representatives of STLL and the City of Shorewood and proposed improvements they wished to see made in the parks. Leum distributed a project list for the Commission to review stating that it was their intent, with the cities help, to get the best facilities possible for their group. As Leum presented the project list, he pointed out that the fencing repairs had already taken place over the previous weekend daring their kick-off clean-up campaign. As discussed during the staff meeting, this was a real safety concern and in need of immediate attention. While Brown had acknowledged that this should be something the City pays for, Leum stated that while a reimbursement would be great, he would prefer to review some of the other details in need of attention, for instance, `pad' options that would prolong the life of the fences. He indicated the league had money to cover this repair if need be, and would focus on other areas to work with the City. Brown stated that his public works park lead spends a lot of time retying fences; therefore, from a cost standpoint, the fence repair and addition of `pads' is a worthwhile expenditure. He stated that the fence issue is an item that the city should take ownership of due to safety concerns; therefore, he had allowed PARK COMMIS [ON MINUTES TUESDAY, Al J 14, 2009 PAGE 4 OF 9 the little league to address it over the previous weekend before they began full use of the facility despite the timing being before the Commission meeting. Leum stated that the league would also like to add three more batting cages to the park and asphalt surfaces within those. In addition, he pointed out that the concession stand roof was in need of re- shingling. Brown stated that the construction of the concession stand was before his time and that he wasn't sure when it had been shingled last as the City had not been involved in its maintenance, nor does it even have a key. Edmondson suggested they contact the insurance company to see if they could get some replacement costs covered from previous hail damage. Brown stated that city could file a claim. DeMers pointed out that the shingles on the Freeman smaller picnic shelter should be replaced as well. L eum stated that they would be happy to look at improvements on a case by case basis. Quinlan asked what budget the improvements come from. Brown stated that, procedurally, the STLL or its vendor would need to be reimbursed and treated as the contractor. Chair Norman stated that the Commission should reimburse the STLL for their fencing improvements, in addition, the Commission should endorse the re-shingling of the roof and consider the mats as an added measure. Woodruff commended staff for opening the lines of communication up between the organization and the city. He urged the two to continue to meet 1-2 tines annually, at the outset and end of the season to look at what should be done for the next year and make sure maintenance items are accounted for on upcoming budgets. Woodruff suggested that, of course, the STLL group contact the City before making any improvements. Davis stated that she would like to see a long-term maintenance plan to budget for in coming years, and felt an end of season meeting could be meaningful. Leum asked to join the Part: Commission on its next Park Tour to walk the site with them. He asked whether they could proceed with adding the matting and asphalting the batting cages. Brown thanked the representatives for their- efforts. He indicated that the City would need to investigate with the watershed what conditions they might have on asphalting the batting cages before proceeding with that measure. Brown stated that City Engineer Landini would be providing that information for the Commission at a future meeting. Davis stated that she believed the installation of the mats was the responsibility of the little league, whereas, the fencing repairs were that of the City. Brown concurred stating that aesthetics should be the responsibility of the little league and infrastructure maintenance should be retained by the city. . .•I MIN T ES TUESDAY, A- L 14, 2009 PAGE 5 OF 9 Woodruff pointed out that the matting should not contain any commercial advertising at this time. He also stated that the re-roofing of the concession stand should fall within the operations budget for the city. Quinlan suggested the City and STLL plan to meet again in the first half of July after their season and before budget negotiations. Trent asked if this collaboration effort will help mitigate the need for their added advertising on the fences request. Heitkamp stated that it would take some of the pressure off but more improvements are necessary. Leum stated that the shed near field 3 was ready to be removed, but asked if publ is works staff could help remove it from its current location near the utility boxes etc. He further recommended the City do something to house the boxes from a safety standpoint. Brown stated that public works would remove the shed from its current location and examine options as to how to shield the utility boxes and other items. Quinlan moved, Trent seconded, approving the reimbursement of funds for the fencing repairs in the amount of $2,650., contingent upon the city Administrator and City Attorney's approvals. Motion passed 7/0. Edmondson moved, DeMers seconded, allowing the installation of the protective matting be added to the fences at Freeman Park. Motion passed 7/0. 6. REVIEW REVISED DONATION PROCESS / ACCEPT IMPROVEMENT AGREEMENT AND MEMO AGREEMENT In the interest of time, to be carried over to the May meeting. 7. ACCEPTING QUOTE AND AWARDING CONTRACT FOR EDDY STATION FACILITY REHAB AT FREEMAN PARK Anderson presented the quotes for the Eddy Station Facility and Freeman picnic shelter painting projects. Edmondson stated that lie had spoken to customers of Eclipse Painting and that they were very pleased with their work. DeMers questioned whether the roof of the picnic shelter should be repaired first. Chair Norman asked staff to evaluate the shape of the roof at the picnic shelter and, if necessary, repair it before painting begins. Brown stated that staff would perform the clean-up in the dugouts or ask the painting contractor to remove the paint if staff cannot. Edmondson moved, Davis seconded, recommending the contract for the 2009 Eddy Station and Freeman Park Picnic Shelter painting project be awarded to Eclipse Painting in the amount of $3,800. Motion passed 7/0. PARK COT - - I MINUTES TUESDAY, A. B° L, 14, 2009 PAGE 6 OF 9 S. REVIEW QUOTE FROM DERMCO-LaVINE FOR RESURFACING SILVERWOOD A CAT CART COURTS Anderson presented the numbers provided by DermCo LaVine for the added surfaces at Silverwood and Cathcart for approval. Chair Norman pointed out that the numbers did not exceed the previously approved amount of $13,000 and therefore required no action. 9. CONSULTANTS TKDA PRESENTATION Sherri Buss and Rich Gray, representatives of TKDA, explained that, as a fol low-up to the park tour and kick-off meeting in April, they would be presenting their draft drawings for five parks this evening for comment and then returning in May with final proposals. Gray stated that it was their directive to provide the Park Commission with elements and designs for their parks that provide focal points, gathering spaces, and Lill ity/unifibrnuty to the parks. Gray proceeded to present the drawings for each park and collect feedback, beginning with: Freeman Park: Gray explained that the design incorporates trees which create `divisions' of use. He pointed out that the design reflects a hockey rink and free skate which was designed to take advantage of the premier Eddy Station facility built to be transformed into a warmin<_, house. - In addition, the softball field was removed to rn,ake room for tennis courts Various theme plantings were incorporated and a sliding hill Trent admired the curt away and entry arch from the trail. Buss suggested a similar entry he duplicated at the other entrances. Anderson suggested the signage reflect a similar character as to the one just placed outside City Hall, using a natural stone monument and `steel' beam sign form. DeMers stated that he was unsure whether an additional tennis court or hockey rink was necessary, though basketball courts would be a nice addition. Brown interjected that the public works folks could not handle the volume of maintenance generated by an additional rink. Not to mention the reception the removal of the softball field might generate. Chair Norman pointed out that if the City does not get the partnership it proposes with Chanhassen with regard to Cathcart Park, the Commission may wish to focus its efforts on improving Freeman instead. Badger Park - Concept "A" Gray pointed out that the design is somewhat the same but contained a few more defined spaces. A larger warming house shelter flip flopped with the playground equipment. Badger Park - Concept "B" PARK C . TLION MINUTES TUESDAY, PRIL 14, 2409 IMAGE 7 0. 9 Gray explained that the removal of the hockey rink was warranted if they chose to transplant a rink in Freeman instead. He showed that the tennis courts would be moved and a `Village Green' space would be created near the new City Hall building to create more of a campus feel. With an added shelter warming house available for classes etc. Anderson pointed out that a warming house shelter design would not be warranted if they removed the hockey rink and free skate area and suggested a smaller picnic shelter with restrooms would be adequate, especially in light of the fact that the Southshore Center may also provide adequate classroom space. She questioned moving tennis courts and removing the rink. DeMers stated that he would not support removing the rink from Badger. as it is highly used and provides a central skating area in Shorewood. Manor Park Gray stated that they had attempted to create a central space for gathering in the park on the central lawn. He suggested turning the single court into a double court by raising the overall elevation of them both. He proposed a new building with restrooms, a mini amphitheater off the central lawn, and a gazebo feature overlooking the pond. Brown stated that he wasn't sure whether they could place gazebos out over the water, depending on the functional wetland classification. But he agreed an overlook and a fountain might be interesting features. Woodruff questioned where a community garden might be placed at N/lanor Gray pointed out that either along the rear north western property line or up front along Manor Road as two possibilities for community gardens. He pointed out that did not move the little league field but revised the overall parking" Davis questioned a community garden near the road where some neighbors have planted trees and small flower gardens to beautify the park. She liked the emphasis on the gathering spaces and parking. Anderson interjected that. having N-walked several parks with a playground contractor, Manor Park was the best candidate for new updated equipment. Chair Norman liked the idea of giving Manor a plaza central gathering place of its own, similar to Freeman. He reminded the Commission to look at all of the proposed changes to all of the parks as phased in designs over a long period of time. In an effort to provide more programming to east Shorewood, Norman lilted the improvements to the facility and park amenities. Quinlan commented that he liked the parking design and thought the neighbor's might also like the efforts made to screen the parking lot. Cathcart Park - Concept "A" Expanding the parking lot a bit west and sliding the hockey, tennis and court games to the west loosens up some the area to the east. In addition, Gray proposed a warming house and a separate picnic shelter, as well as, a potential community garden and picnic site to the rear of the park. Trent questioned the court games. PARK C®MM-SF , J7ES TUESDAY, APRII }09 PAGE 8 Cat' 9 Anderson pointed out that, to her knowledge, she has never seen anyone on the old swings and using the court games at Cathcart. She suggested they be removed altogether and consideration be given to enlarging the playground area. In that case, Davis suggested enlarging the parking area and making it more aesthetically pleasing, like the one proposed at Manor. Cathcart Park - Concept "B" Gray shared the views of a much larger parking area and combined shelter Nanning house building. DeMers stated that he disliked the location of the proposed picnic shelter/hvarming house in this plan and the Freeman plan, as they are located so far away from the skating areas. Silverwood Park Gray presented the design including trails looping around the park with some handicapped accessible ramps, a wetland overlook, and shelter. Anderson complimented Gray on the trail thru the woods and benches placed at the top of the sliding hill overlooking the lake across the road. She stated that on her last visit to the park, she followed a rustic trail snaking thru the woods ending at the top of the hill where she noticed the beautiful views. Brown suggested the picnic shelter be slipped further to the cast out of the way of the sliding hill. Chair Norman liked the nice touch of the scenic overlook. Picnic Shelter Design Concept "A" Gray described the shelters as rustic, low maintenance, timeless, solid construction with a rough or rock surface type concrete block three quarters of the way up, with a smooth surface concrete the rest of the way. The distinctive roofline would be made yN ith wood on the ceiling of the canopy to give an open feel to the building. He pointed out the design flexibility based on the size of each structure. Woodruff suggested consideration be given to using molds on the concrete which is then painted or stained to resemble real stone. He wasn't sure of the cost but thought it worth investigating. Trent stated that lie liked the consistency the shelters could provide across the board in all of the parks. Chair Norman suggested thought be given to making the picnic spaces more user friendly, providing power outlets and serving areas. Buss asked if there were signature colors the Commission preferred. Chair Norman stated that more of the earth tones were preferred with a bit of the forest green. The Commission preferred the picnic designs posed in Concept `A' as opposed to Concept B'. Conclusion 10. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON MAY 26, 2009 Chair Norman volunteered to liaison the May 26"' meeting. 11. NEW BUSINESS April 30`x', Thursday, 4:45pm meet at City Hall, Depart it 5:00 p.m. for park tour folloti~ed by a few housekeeping items on the agenda. May 12"', TKDA's final presentations to the Commission with Council as guests. 12. ADJOURN Chair Norman moved, Davis seconded, adjourning the Park Commission Meeting of April 14, 2009, at 9:30 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recorder 5755 COUNTRY CLUB ROAD - SmOREWOOtj, Mitt-wiESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 ® www.d.shorewood.mn.us ® dtyhali@d.shorewood.mn.us MEMORANDUM TO: City Council Brian Heck, City Administrator FROM: Kristi Anderson, CRR DATE: April 21, 2009 RE: Update on TKDA Park Consultant Services As the City Council will recall, the Park Commission and staff have been working with Park Consultant Services provided by TKDA over the past two months. During that time, staff has provided TKDA with the existing Master Plans, surveys, and park inventory. In addition, representatives joined members of staff, the Park Chair and Vice-Chair for a kick-off meeting and tour of our five major parks, (Badger, Cathcart, Freeman, Silverwood, and Manor) to evaluate facilities, identify needs and issues in the overall park system. On April 10', representatives of TKDA met with the Park Commission to present their draft Park renderings and recommendations based on previous input. It was their intent to identify revisions and options that the Commission would like to include in the Master Plan Updates, as well as, discuss a park building template for their final meeting in May. The Commission will be hosting TKDA representatives at their May 12t" Park Meeting and invite the City Council to join them for their final presentation. At this meeting TKDA will be providing illustrative color Updated Master Plans for the five major parks, summary text describing the updates including planning level cost-estimates and phasing strategy for the updated plans, a visual catalog of options, and building templates. To review, TKDA will also provide the City with electronic formats of these concept plans to be inserted into the Master Plan at its conclusion. Recommendation Staff and Park Commission requests the City Council's presence at it's Regular May 12t" Park Commission Meeting to view TKDA's final presentation. In addition, staff would recommend the illustrative Updated Master Plans, report, building templates, as well as, equipment options that staff has been assembling, be featured at the upcoming proposed City Hall Open House this spring for public comment. fl 0 PRINTED ON RECYCLED PAPER CITY OF 11 _ 'OOD PLANNING CC _ -AUSSION MEETING TUESDAY, 7 APRIL 2009 MINUTES CALL TOO ER Chair Schmitt called the meeting to order at 7:17 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Schmitt; Conunissioners Arnst, Gagne, Geng, Hutchins, Ruoff and Vilett; Planning Director Nielsen; and Council Liaison Zerby Absent: None APPROVAL OF MINUTES 3 March 2009 Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 3 March 2009 as presented. Motion passed 5/0/2 with Gagne and Geng abstaining due to their absence at the meeting. Commissioner Gagne stated he read in the minutes that he was appointed to the position of Vice-Chair of the Planning Commission at the last meeting. He is okay with that appointment as long as there is not expectation that he would ever assume the Chair position should the Chair position become vacant. Chair Schmitt stated he would have to step down from the Planning Commission because he has relocated to another City. Director Nielsen stated Schmitt has to give a written notice to the City. He asked Schmitt if he could attend the April 21st meeting, noting he planned on fixing brats for the Commissioners. Chair Schmitt asked Director Nielsen what the timetable is for completing the Comprehensive Plan; he wasn't sure if he should attend any of those discussions. Director Nielsen explained the Planning Commission has completed its review of more than half of the twelve Planning District Area Plans. The public hearing for the updated Comp Plan is scheduled for May. Four neighborhood meetings will be held once the review and update of the Area Plans is complete; the Comp Plan and three Area Plans will be discussed at each meeting. Any changes resulting from this process would be incorporated by the end of 2009. STUDY SESSION 1. ADMINISTRATIVE ENFORCEMENT PROCEDURES Director Nielsen distributed a copy of a draft text amendment to the City Code Chapter 103.02 and Chapter 104.03 regarding administrative enforcement for certain City Code violations. He explained that during its 18 November 2008 meeting the Planning Commission held a public hearing to consider an ordinance for certain City Code violations. A number of cities have implemented such a policy. The /Ct _ 't~ NNtNC VIE' 11 I1.~G ! a x - . ~ a v Commission recommended approval of the draft ordinance subject to its review and approval by the new City Attorney. Attorney Tietjen has reviewed the proposed code amendment and her comments are included in the draft ordinance distributed this evening, noting all of the Attorney's recommended changes were technical and not substantive. He stated the code amendment will be reviewed by the City Council at its 13 April meeting. Nielsen cited a situation during 2008 where a property owner was cited for a zoning violation for bringing a very large shipping container on to his property. When the violator ignored the violation letter a complaint was signed and executed at Hennepin County District Court. The City eventually won the case, but only after it spent over $8,000 on attorney fees. It took over nine months to resolve the case. Nielsen explained the initial steps of the administrative code enforcement process will be the same as those of the current process used to handle smaller violations. That is, the City receives a complaint, the complaint is verified, and the City issues a citation to the violator. In a situation such as the one in 2008 the City's only recourse was to take the violator to court. Under an administrative code enforcement process the City would write a citation for certain levels of offenses and impose a local fine. A violator could appeal the citation in what would be the equivalent of a city court where a city-appointed hearing officer would preside. This process greatly minimizes the need for lawyers by either the violator or the City, especially for minor violations. if the violator does not like the ruling of the hearing officer, the violator could appeal the citation to the Council. If the violator did not like the Council's ruling, the violator could appeal it in District Court. This process would not prohibit the City from pursuing violations through District Court. Nielsen stated it is his hope that this process of citations and fines will reduce the occurrence of chronic violations such as sign violations. The fine should be enough of a deterrent to keep people from displaying the small signs. He did not think the process of appealing to a hearing officer would occur very often. In response to a continent from Chair Schmitt, Director Nielsen explained only one hearing officer will hear an appeal. Nielsen stated the decision has not been made on how many hearing officers the City will have. Commissioner Arnst questioned what "each day" in the statement "Each day the violation exists constitutes a Separate Code Offense." meant. Director Nielsen explained each time the City conducts an inspection and the same violation is in existence the City can issue a subsequent citation for the same Code Offense. He stated chances are the inspections will be done every few days, unless a violator completely ignores the City and then an inspection could be done daily. The City's intent is to have the violator correct the situation. Arnst suggested the statement be clarified; for example, each day after the original citation was issued. In response to a comment from Commissioner Vilett, Director Nielsen explained the fines for subsequent citations for the same violation will increase for each subsequent citation issued per the rates specified in the City Code. He commented that the proposed fines are not as high as in they are for some other cities. In response to a question from Chair Schmitt, Director Nielsen explained if a violator does not pay the fine then the fine may be assessed against their property, if the violator is the property owner, and collected in the same manor as property taxes. For unpaid fines that cannot be assessed to a property the City can use any means at law to collect the fine with the hope that the City Attorney would not have to become involved. 7 Apr2 Page 3 ~m In response to a question from Commissioner Arnst, Director Nielsen stated when the policy is first implemented the Planning Director, the Building Inspector, the City Engineer, the Director of Public Works and the police will be authorized to write citations. Nielsen explained this process is primarily set up to address zoning and nuisance violations. He stated he has asked other City Staff to consider if there are areas under their jurisdiction in the City Code where this process be used. For example, it may be possible to use this process for illicit discharge violations, noting they would have to have higher fines than currently proposed. He explained it's illegal for someone to rent out a dwelling if they do not have a rental permit. The current remedy for that violation is either a rental permit is obtained or the tenant moves out. If a tenant files some type of complaint, the property owner either fixes the problem or the tenant has to move out. Under the administrative enforcement process the property owner either corrects the problem or they receive a citation. In response to another question from Commissioner Arnst, Director Nielsen explained that for example this could possibly be used for issues with dogs. Director Nielsen explained the fines which range from $50 to $1.50 for the first offense are well under the fine for a misdemeanor; that was by design. Adjustments can be made to the fee/fine schedule as the City gains experience with this process. The City's primary expense will be for the hearing officer. Council Liaison Zerby asked if there are any statistics available on the number of citations that could have been issued in 2008 under this process, to which Director Nielsen responded there aren't. Nielsen stated there were 2 - 3 rental situations in 2008 where this process could have been beneficial to the tenant. This process should help address the issue of signage. Some larger cities which use a similar process issued a fair number of citations when they first implemented the administrative enforcement process, and after a while the number issued was reduced substantially. He noted those cities that use this process are pleased with the results. Council Liaison Zerby asked if the City would still have the ability to clean up a property (e.g., when the City removed a junk car from a property) if it implements this process. Director Nielsen explained the City used to have an ordinance that permitted it to resolve a violation by doing the work and billing the violator, until it was told the City couldn't go on private property to do that anymore. Over they last few years the City has found out there are cities that will do the work and charge the cost back. It was unlikely the City would remove a junk car from a property again; but it could clean up ayard and charge the cost back. There are differing opinions about whether or not cities have that authority. Commissioner Vilett commented the City of Chanhassen will cut the grass on properties if the violator will not do so and charge the cost back. Nielsen stated the most effective way to get rid of violations like that is to say if the violator doesn't correct the violation then the City will do so at a much higher cost than the violator would have paid to do it. In response to a question from Commissioner Hutchins, Director Nielsen explained the City does not have a grass length ordinance but that situation can be gotten around through the City's weed ordinance; there is likely to be some weeds in a long lawn. In response to a question from Commissioner Ruoff, Director Nielsen explained this process could be used to address motor boat violations at the Upper Minnetonka Yacht Club Director Nielsen asked the Planning Commissioners for their input on the proposed fee/fine schedule, noting he thought they were on the low end. He stated this process will help with building code violations; the biggest violation being not obtaining a construction perinit. The penalty today is the cost of the permit is doubled. The administrative enforcement fine would be in addition to the penalty already in Director Nielsen stated Council will be provided with copies of the following for its consideration during its April 13 meeting: the ordinance that includes the City Attorney's revisions; the fee/fine schedule; and the request for qualifications for hearing officers. He hoped, but was not promising, to have a small manual for the process for them also. In response to a comment from Chair Schmitt, Director Nielsen explained the $50 fine for first-time public health violations is basically for a violation of the nuisance ordinance. In response to a question from Commissioner Ruoff, Director Nielsen stated the City reviews its fees/fines annually. Commissioner Geng stated he thought the fines were low and could be raised without encouraging the violator to consider hiring an attorney to help them fight the citation. Chair Schmitt stated he thought the $150 tine for first-time wetland violations and tree preservations violations was too low. A developer would easily pay that fine if they could clear off more of a property. Director Nielsen stated $150 probably wasn't much of a deterrent. Sclmnitt suggested the fine for removing trees could potentially be based the size of the tree(s) removed. Nielsen stated he will review the City's tree preservation ordinance in conjunction with the administrative fines and determine how that should end up. He then stated depending on the scope of a violation another process may be used to penalize the offender. Director Nielsen stated he was hesitant to charge to high of fines when this process if first implemented. Chair Schmitt stated he thought the intent should be to stop violations before they happen and for sure after the first violation. In response to a question from Commissioner Hutchins, Director Nielsen stated a rental permit is $60 per dwelling unit. In response to another question, Nielsen stated the $100 assessment fine would be the same for single or multi-family dwelling units. Hutchins questioned why it would not be per unit. Council Liaison Zerby stated he also thought the proposed fines were too low. It will cost the City more than the lowest fine of $50 to issue and process a citation. He thought the $50 fine for Class A Offences should be doubled. Director Nielsen agreed that the business owner known for frequently violating the sign ordinance had to pay a $100 fine that could be an incentive for them to change their behavior. In response to a question from Commissionner Vilett, Director Nielsen explained today if the City receives a complaint from a tenant the property owner either has to fix the situation or the rental permit is revoked and the tenant is out. He stated often times the complaints received from the tenant are attempts by the tenant to use it as an excuse to break their lease arrangement. Director Nielsen stated Staff is unsure if it there has to be a public hearing held for the fees/fines schedule because the fine schedule relates to land use ordinances and the fee schedule relates to zoning ordinances. He commented the City is considering an increase to its text amendment fee and a public hearing would have to be held for that. The public hearing for administrative enforcement fee/fine schedule could be held during that same meeting. CITY ` -OF )MMISSR r 7 April 20 Page 5 of 2. COWREHENSUVE PLAIN 0 Discuss Planning District 3 Director Nielsen stated the Planning Commission had preliminary discussions about the Planning District 3 Area Plan during its 17 February meeting. He distributed an updated copy of the Area Plan based on the Commissions discussion. He commented four of the Commissioners reside in that district, and that District 3 is relatively stable. Nielsen reviewed the more significant changes to the Area Plan. Nielsen stated a reference to there being "paper streets" in District 3 was added; "paper- streets" are platted rights-of-way that have never been improved as City streets. Also added was a statement that all "paper streets" will be addressed in an overall study of undeveloped rights-of-way throughout the City. He explained the Planning Commission will review all the City's paper streets in 2009 and make a recd mniendation on what should happen with them; should they be vacated or should they be held on to because they could evenhrally be further developed. Nielsen stated the Plan was updated to indicate the Gideon Glen project is complete, although there is some cleanup work that will likely be done this spring. The discussion in the Area Plan about redevelopment of the northwest quadrant of the Smithtown Crossing (i.e., the intersection of County Road 19 and Smithtown Road) was revised significantly. A statement was added saying this quadrant, including all of the land currently zoned for commercial use, is prime for redevelopment. Outdated language about the redevelopment of the quadrant was deleted. The City expressed interests regarding the potential redevelopment of that quadrant were added: 1) it would like it to be a unified and coordinated development; 2) it could be redeveloped as a planned unit development (PUD) which is more flexible; 3) it could possibly be redeveloped as mixed use (i.e., a mix of commercial and residential uses) as part of the PUD process with the mixed use being either horizontal or vertical; 4) it could possibly be redeveloped with an opportunity for senior housing: 5) it prefers it be predominately retail and office uses rather than service commercial; and 6) there is a possibility the City would be willing to consider some type of public financial assistance for the redevelopment such as tax increment financing (this needs to be added to the Plan). Chair Sclnnitt stated caution should be exercised about any reference to tax increment financing; he suggested any type of assistance be made more general. Director Nielsen stated reference to the County Road 19/Smithtown Road/Country Club Road intersection redevelopment in the Plan was updated to reflect the project was completed. A statement was added about the Corridor Study completed in 2004. It explains the study addressed commercial development, vehicular traffic, pedestrian circulation and the preservation and reforestation of the Gideon Glen site. It also states the study also sets forth a concept plan that provides the guidelines for commercial landscaping along the corridor. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY P _ . r 7t Page b _ n F.. 4g ±XT MEETING Director Nielsen stated that the 21 April 2009 Planning Commission meeting will be a study session and it would be devoted to continued discussion of the Planning District 3 Area Plan with the hope of finalizing it, review of the follow-up drafts of the Area Plans for Districts 1 - 4 and 10 - 12, and initial discussions about parking regulations. Nielsen stated he would grill brats for the Planning Commissioners at its next meeting and he suggested people come a little early. There was discussion about the $1 charge that residents will see on their- Xcel Energy bill. 5. REPORTS 0 Liaison to Council Commissioner Hutchins reported on matters considered and actions taken at the 9 March 2009 and the 23 March 2009 Regular City Council meetings (as detailed in the minutes of those meetings). Hutchins asked Council Liaison Zerby to elaborate on discussions about the Southshore Center, which Zerby did. Director Nielsen had a short discussion about the South Tonka Little Leagues' request to continue its request to allow signage on the ball field fences on the two ball fields it uses in Freeman Park to a May I l b Council meeting. ® SLUC Commissioner Vilett reported on the Sensible Land Use Coalition program titled Foreclosures Part 1 she attended on March 25, 2009 (this was done after the meeting was adjourned). Other None. 6. ADJOURNMENT Gagne moved, Hutchins seconded, Adjourning the Planning Commission Meeting of 7 April 2009 at 8:22 P.M. Motion passed 5/0 RESPECTFULLY SUBMITTED Christine Freeman, Recorder o/55 CCOUi i RY CLUD F1 1 7 S, IC iEVv) L), MINNESOTA 55331-8927* (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mmus - cityha1I@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 23 April 2009 RE: Administrative Enforcement - Draft Ordinance FILE NO. City Code (Chapter 104) Attached is the draft amendment establishing the Administrative Enforcement process. Pursuant to the discussion at the last meeting, staff reviewed the definition of "owner in the context of the amendment and we find no issue with it. We are currently in the process of sending out RFQs for the Administrative Hearing Officer. Since those will not have been received until the middle of May, staff will not publish the amendment until then. We continue to work on the administrative manual, which should be available for your review prior to publishing the amendment. Cc: Brian Heck Mary Tietjen Joe Pazandak Patti Helgesen Pamela Helling r , jt PRINTED ON RECYCLED PAPER CITY OF S O WOO ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 103 AND 104 OF THE S O EWOOD CITY CODE, ESTABLISHING ADMINIS'T'RATIVE ENFORCEMENT OF CODE REGULATIONS Section 1. Chapter 103.02 of the Shorewood City Code is hereby amended to add the following definitions: "CODE COMPLIANCE OFFICER. Any officer of the South Lake Minnetonka Police Department, any employee of the City of Shorewood, or any person or company contracted to provide code-enforcement services who has authority to enforce the Shorewood City Code. There may be more than one person designated as Code Compliance Officer at any given time. CODE OFFENSE. A violation of any section, subdivision, paragraph or provision of the Shorewood City Code that is subject to a civil penalty. Each day the violation exists constitutes a separate Code Offense. OWNER. An individual, association, syndicate, partnership, corporation, limited liability company, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property." Section 2. Chapter 104 of the Shorewood City Code is hereby amended to add: "104.03 ADMINISTRATIVE ENFORCEMENT OF CODE REGULATIONS. Subd. 1. Purpose. The administrative enforcement procedures established within this Section are intended to provide the City of Shorewood with an inforinal, cost- effective and more efficient alternative to criminal prosecution or civil litigation for certain violations of the City Code. The City of Shorewood retains the right, at its sole discretion, to enforce provisions of this Code by bringing criminal charges or commencing civil litigation in any case where the City determines it is appropriate or necessary, but finds that an administrative process is beneficial to the residents of the City and further funds that that such a process is a legitimate and necessary alternative method of enforcing Code violations. Subd.2. Procedure. a. Administrative Notice. A Code Compliance Officer may issue, either in person or by United States first class mail, an Administrative Notice to a person suspected or known to have committed a Code Offense or to be the owner of property upon which a Code Offense is being committed. The Administrative Notice shall identify the Code Offense, the location upon which the Code Offense occurred or is occurring, and the recommended corrective action for the Code Offense. The Administrative Notice may also state that the alleged violator has, at the discretion of the Code Compliance Officer, up to ten (10) days after the issuance of the Administrative Notice to correct or abate the Code Offense. If the alleged violator or owner of property upon which a Code Offense is being committed is unable to correct or abate the Code Offense within the prescribed time, that person may request in writing an extension of no more than thirty (30) additional days from the City Council. Any extension granted by the City Council shall be in writing and shall specifically state the date of expiration. If the Code Offense is not corrected or abated within the prescribed time or any extension thereto, the Code Compliance Officer may issue a citation, as provided below. b. Citation. A Code Compliance Officer is authorized to issue a citation upon the belief that a Code Offense has occurred, whether or not an Administrative Notice has first been issued in regard to said Code Offense. The citation shall be given to the person responsible for the violation or to the owner of the property upon which the violation has occurred, either in person or by United States first class mail. The citation shall state: i) the nature of the Code Offense; ii) the time and date said Code Offense occurred; iii) the civil penalty applicable to that Code Offense; and, iv) the mamler for paying the civil penalty or requesting a hearing before a Hearing Officer to contest the citation. C. Responding to a Citation / Payment. The alleged violator or the owner of the property upon which the violation has occurred shall, within ten(10) days of the issuance of the citation either request a hearing in writing according to the procedure set forth in this Section or, within fifteen (15) days of the issuance of the citation, pay the civil penalty set forth in the citation. The civil penalty may be paid either in person at City Hall, or by United States first class mail, postage prepaid and postmarked within the prescribed fifteen (15) days. Payment of the civil penalty shall be deemed to be an admission of the Code Offense. Subd. 3. Appeal to Hearing Officer. a. Requesting a Hearing. Any person contesting a citation issued pursuant to this Section may, within ten (10) days of the issuance of the citation, request a hearing before a Hearing Officer. Any request for a hearing shall be made in writing on a form provided by the City and either delivered personally to the City at City Hall or mailed to the City by United States first class mail, postage prepaid and postmarked within the prescribed ten (10) days. The hearing shall be held at City Hall within thirty (30) days of the date the City receives a timely hearing request. Failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. The Hearing Officer shall determine good cause, which shall not include forgetfulness or intentional delay. -2- b. Hearing Officer. The City Council shall by Resolution from time to time appoint a list of persons authorized to act as a Hearing Officer. The Hearing Officer is authorized to conduct an informal hearing to determine if a Code Offense has occurred. The Hearing Officer shall have the authority to uphold or dismiss the citation or reduce, stay or waive the civil penalty imposed upon such terms and conditions as the Hearing Officer shall determine. The Hearing Officer's decision shall be made in writing on a forth provided by the City for such purpose. A copy of the Hearing Officer's decision shall be served either in person or by United States first class mail upon the person requesting the hearing. The Hearing Officer's decision is final, except for appeal in limited cases to the City Council, as set forth below, or as allowed under state law. C. Conduct of Hearing. At the hearing, the parties will have the opportunity to present testimony, documents and exhibits and question witnesses. The Hearing Officer shall tape record the proceedings and receive testimony and exhibits. Strict rules of evidence will not apply. The Hearing Officer must receive and give weight to evidence, including hearsay evidence that possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. Subd. 4. Appeal of Hearing Officer's Decision. a. The Hearing Officer's decision shall be appealable to the City Council only for the following matters: (1) an alleged failure to obtain a required permit, license, or other approval from the City Council as required by the City Code; (2) an alleged violation of a permit, license, or other approval, or the conditions attached to the pennit, license or approval, that was issued by the City Council; or (3) an alleged violation of regulations governing a person or entity who has received a license issued by the City Council. b. An appeal to the City Council of the Hearing Officer's decision must be made in writing on a form provided by the city and must be served on the City Clerk either in person or by United States first class mail, postage prepaid, within ten (10) days of the Hearing Officer's decision. The City Council will hear all timely appeals. The City will serve a notice of hearing upon the appellant in person or by United States first class mail at least ten (10) days in advance of the date of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Officer's decision. -3- e. The failure of the appellant to appear in front of the City Council or participate in the appeal constitutes a waiver of the violator's right of appeal and an admission of the violation. The Council may waive the result upon good cause shown. The determination of a showing of good cause shown shall be made solely at the discretion of the City Council but does not include forgetfulness and intentional delay. Subd. 5. Failure to Pay. a. In the event a person charged with a Code Offense fails to pay the civil penalty and correct or abate the Code Offense for which a citation was issued within the prescribed time, a late charge of fifteen percent (15%) shall be imposed thereon for each seven (7) days the civil penalty remains unpaid and the Code Offense remains uncorrected or unabated beyond the due date. b. An unpaid civil penalty and accrued late charges will constitute a personal obligation of the person(s) to whom the citation was issued and the City shall have the right to collect such unpaid civil penalty and accrued late charges, together with the City's costs and reasonable attorney's fees, in criminal or civil proceedings. C. Pursuant to Minn. Stat. section 429.101., Mirm. Stat. section 514.67 and other applicable law, a lien in the amount of the civil penalty and any accrued late charges may be assessed against the property where the Code Offense occurred and collected in the same manner as taxes. Any such assessment shall not preclude the City from issuing additional citations for a continuing Code Offense, nor shall it preclude the City from making additional assessments against the same property resulting from a continuing or new Code Offense. d. The City may suspend or revoke a license or permit or other approval associated with the Code Offense if the civil penalty and accrued late charges are not timely paid. Subd. 6. Subsequent Violations. If a second citation for a Code Offense is issued by the City to the alleged violator or owner of the property upon which the violation has occurred within twenty four (24) months of the issuance of a previous citation for the same Code Offense, the civil penalty shall increase by twenty-five percent (25%) over the scheduled civil penalty amount. If a third citation for a Code Offense is issued by the City to the alleged violator or the owner of the property -4- upon which the violation has occurred within twenty four (24) months of the issuance of a previous citation for the same Code Offense, the civil penalty shall increase by 50% over the scheduled civil penalty amount. If a fourth citation for a Code Offense is issued by the City to the alleged violator or the owner of the property upon which the violation has occurred within twenty-four (24) months of the issuance of a previous citation for the same Code Offense, the civil penalty shall increase by one hundred percent (100%) over the scheduled civil penalty amount." Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of April 2009. ATTEST: CHRISTINE LIZEE, MAYOR BRIAN HECK, CITY ADMINISTRATORICLERK -5- a' 5755 COUIR I r= Y CL6 ROAD ~ SHCR WGGD, N1t<«EdESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 ® www.ci.shorewood.mn.us ® cityhall@6,shorewood.mn.us MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: April 17, 2009 SUBJECT: Fourth of July Request The South Lake - Excelsior Chamber of Commerce sponsors the annual Fourth of July celebration and fireworks display. Each year they request support from the City of Shorewood to hold this event. The funds requested by the Chamber are not used toward the fireworks or the Minnesota Orchestra; the funds are used to offset the costs associated with public safety. In past years, Shorewood has contributed toward this event and the Council included $2,200 in the 2009 budget for this purpose. Recommendation Staff recommends authorizing the allocation of $2,200 to the South Lake - Excelsior Chamber of Commerce for the annual Fourth of July celebration. S PRINTED ON RECYCLED PAPER fr- ID SOUTH LAEE-EXCELSIOR "Y C* We see.it in the eyes of young and old spectators-the magic and joy gleaned from watching and listening to 75 masterful musicians playing in unison against a July sunset in Excelsior Commons! As we enter our loth year in partnership with the world class Minnesota Orchestra, it is gratifying to realize that we have launched and sustained a magnificent tradition that will be remembered and cherished by generations to come. We invite your company to become part of the magic in 2oog, by adding your name to the list of select sponsors who make it possible for the Minnesota Orchestra and the fireworks to be seen, heard and experienced by thousands on the shores and bays of Lake Minnetonka. If you would like to put City of c 7 's good name in front of a well- educated, culturally diverse and demographically upscale audience... If you are looking for an opportunity to associate City of Shorewood with a patriotic, tasteful family-centered celebration... Then we invite you to turn the nacre to view our menu of Snonsorshin Ouuortunities and select the level that works for vour comnanv. The Minnesota Orchestra Concert. file the X1:1, € f 1 festivities have been field at Excelsior Commons for 115+ years, the Minnesota Orchestra became part of the event i 2000. The hour-long concert, which immediately precedes the fireworks, has become as popular the fireworks themselves, and i now cherished part of the k Minnetonka 4th of July tradition. 3 1. Listing on Diamond Sponsors banner near Main Stage on July 4th. 2. Prominent billing (after Platinum Plus and Platinum) in the official Lake Minnetonka 4th of July Program in Lakeshore Weekly News, published June 30. Circ: 25,000. 3. Prominent mention in all Chamber-controlled publicity regarding the event May 19-July 7, 2009. 4. Prominent display under 4th of July banner on Chamber's website including your logo, May 2o-August 31 5. Table display space reserved for your company at the event for giveaways, promotions (as long as they don't compete directly with food vendors). 6. Reserve seating, if requested, for concert/fireworks. 7. Space for your corporate banner along fence line by stage all day. 8. "Proud Sponsor of the Lake Minnetonka 4th of July Celebration" banner provided for display at your office location. 9. Reserved seating, if requested, at the 4th of July concert/Fireworks show. 10. "Proud Sponsor of the Lake Minnetonka 4th of July Celebration" banner provided for display at your office location. 4 1. Listing in Lake Minnetonka 4th of July Celebration Program in Lakeshore Weekly News distributed June 3o around Lake Minnetonka and western Twin Cities suburbs. Circulation: 25,000 2. Listing on banner at event. 3. Inclusion in Lake Minnetonka 4th of July Sponsors Listing on Chamber's website through Labor Day. 4. Space reserved for your company banner) at Commons during event (banners are removed prior to fireworks for security). 5. "Proud Sponsor of the Lake Minnetonka 4th of July Celebration" banner provided for display at your office location. a 1. Listing in Lake Minnetonka 4th of July Celebration Program in Lakeshore Weekly News distributed June 3o around Lake Minnetonka and western Twin Cities suburbs. July ist. Circulation: 25,000 2. Listing on BRONZE SPONSORS banner displayed at the event. 3. Inclusion in Lake Minnetonka 4th of July Sponsors Listing on Chamber's website through Labor Day and on all press releases. 4. Space reserved for your company banner at Commons during event (banners are removed prior to fireworks for security). 5. "Proud Sponsor of the Lake Minnetonka 4th of July Celebration" banner provided for display at your office location. Name listed oa Stii ZY 1 a. y , at Excelsior Commons throughout U e event at Excelsior Commons, July 4, 2009. Name listed in official Lake Minnetonka 4th of July program, akesh 7e Weekly News, June 30. NEW! 4- L as a µ than' -z. Perfect for Families: Name listed on Stars Banner at Excelsior Commons throughout the event at Excelsior Commons, July 4, 2009. Name listed in official Lake Minnetonka 4th of July program, Lakeshore Weekly News. Donation must be received by June 10, 2009. Individual donors only. Name listed on Stripes Banner at Excelsior Commons throughout the event at Excelsior Commons, July 4, 2oo9. Name listed in official Lake Minnetonka 4th of July program Lakeshore Weekly News. Donation must be received by June 10, 2009. Individual donors only. Name listed in official Lake Minnetonka 4th of July program, Lakeshore Weekly News. Donation must be received by June io, 2oo9 if you wish to be listed in the program. All non-cash contributions will be acknowledged by a receipt. LAKE TT 717 JU---A-7" 2009 CELEBRATIOIQ 4 7 we need 3 -a ° . so,C 'r coordinate category y vrR selected E l: ° $5,000 $39500 $39000 $29000 $1'6 :s below: (a ite to 6) VISA, Mastercard or check accepted. t t Lake-Excelsior er, - A, 952.474,3139 Company: Contact Person: Phone Signature: Date: Again, thank you for your time and consideration. If you have any questions, please contact Linda Murrell, July 4th Fundraising Coordinator, 952.474.6461. We'll be in touch. Opportunlities for Minii-Sponsorshlip Funding Email: 8 EVENT - Castle Building Contest Excc ®D Kids' Patriotic Parade Fun Runners & Kids Patriotic Popsicle Party Kids Face Painting 11 a.m.-1 p.m. Kids' Fishing Contest Kids' Post Parade Concert Veen Band Showcase 1-3 P.M. Independence Day Concert at the Bandshell 3:30-7:30 P.M. Orchestra Hospitality Sound System for Bandshell Golf Carts for Event Staff Knewtsc ,,.Ith Group Seeking Sponsor: $500 Seeking sponsor: $2oo, Lifetime Chiropractic Seeking sponsor - $500 $300 Seeking sponsors $Soo - seeking sponsors Byerly's of Chanhassen $1000 Seeking sponsors $150 per cart. Your name and ad message on signage. Please call the Chamber for details. 952.474.6461 9 Believed to be the only 1oK held on July 4th in Minnesota, the race is recognized by the Minnesota Distance Runners Association and has been included on MDRA's Grand Prix listing. The race will be computer chip-timed. The USTAC-certified 1oK course is considered one of the prettiest and most challenging around. Firecracker Race Sponsorship is limited to six (6) and is awarded on a first right of refusal basis. Three of the race sponsors- Maynard's, Excelsior Family Dental and Lake Minnetonka Orthodontics- have been sponsoring the event for more than a decade. Sponsorship Race • Name and logo on race shirts distributed to all 1oK participants (approximately 1,200). • Name/logo on all race registration forms (mailed to previous year's participants; distributed to public at local city halls). • Name/logo on Race Banner, displayed at race finish line. • Opportunity to distribute free promotional items, coupons, brochures as long as the sponsor can provide a means of distribution (staff or volunteers). To select this category for sponsorship, please refer back to Page 8 in this packet. 10 MEMORANDUM 4 TO: City Council FROM: Brian Neck, City Administrator CC: DATE: April 17, 2009 SUBJECT: SouthShore Community Center Proposal Review and Results The SouthShore Committee met on April 23, 2009 where Community Rec. Resources and Charthouse Management presented their proposals on the management, operation and programming for the Center. The Committee asked several questions regarding the proposals and discussed the various options regarding the long-term options for the Center. The Committee decided to ask the two companies for additional information regarding the proposals. This information was sent to the Companies Thursday afternoon with a deadline of Monday afternoon to respond. Information will be forwarded to the committee for consideration and determination if another meeting is necessary to formulate a recommendation for the Councils. MOU and SSSP Agreement Status All five cities have taken action on the two agreements. The interim SSSP agreement was approved by all five cities as presented. The MOU was approved by three cities as it was presented and two of the cities will accept the agreement if the financial contribution remains at the level currently specified in the existing Cooperative Agreement. 5755 CGJNT,Y CLUu ROAD ~OREWO,)D, MINNESOTA 55331-8927 -(952) 4743236 FAX (952) 474-0128 e www.d.shorewood.mn.us - dtyhall@ci.shorewood.mn.us MEMORANDUM DATE: April 22, 2009 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk CC: Brian Heck, City Administrator RE: INFORMATION ITEM: WELLS FARGO HALF MARATHON - SUNDAY, MAY 3, 2009 Adam Kocinski, the Race Director for the annual Wells Fargo Half Marathon, has provided notice to the City of this year's half marathon event, scheduled for Sunday, May 3. The same marathon route will be used as in past years. A copy of the route map is attached. The South Lake Minnetonka Police Department and Excelsior Fire Department is aware of this event. The runners will remain on Cty. Rd. 19 until they enter the LRT in Excelsior near Beehrle Street. The runners are on the LRT for just a short time until they finish the race in Excelsior at the Wells Fargo Bank. The race begins at 8:00 a.m., the first runners finish around 9:15 a.m., and the last of the runners enter Excelsior around 11:00 a.m. A portion of the race proceeds will be contributed to lake area community organizations. C: Bryan Litsey, Police Chief Scott Gerber, Fire Chief Larry Brown, Director of Public Works IV21 PRINTED ON RECYCLED PAPER ..1 f d ° a April 9, 2009 Mayor Christine Lizee City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Lake Minnetonka Wells Fargo Half Marathon Dear Mayor Lizee: The 29`x' annual Wells Fargo Lake Minnetonka Half Marathon between Wayzata and Excelsior is scheduled for May 3`d. We will begin in Wayzata at 8:00 am using the same route as last year. Once again, we will be contributing a protion of the race proceeds to lake area community organizations. Please send any permit applications your ordinances may require. I will complete and return them upon receipt. Should you have any questions, please call me at 651.23 8.265 1. SincereI , Adam Kocinski Podium Sports Marketing Race Director t _ = J _ PAI p b , ,mo - r I=r •L 1: v Y - I I'J _ P L~ t_ f a Al C t ti p,y II! ui,,, ,7 _ _ r T ~ t~ om. _ 11 f'.i 61 ~ 5Y Q I - LL L L l~ G,. F 6~.. T ~ 2 ~ It 71 rj c n Irl 1- - A c 4 Sl7lJ'1~ S'~1 ~ ~ 11 D n 1 1 - i) R r. Y V C -i = C' er. r ti h.? rrx Rv K":~ ;c,na cw S o m o,, -o-o w 7 v FIJA c) PIC C ~ T T i r i ~ _ F d dyFl' L L~ 17 ELI N - ra cLl Lt r t y C A E-;{aJfl~ ^ W p s c., _ a