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060809 CC REG AGPCITY OF : a- G - - CITY COUN 2IL REG JLA MEETING ON AY9 NE 8, 2009 AGENDA 5755 COU T'a ' CLUB ROAD COUNCI;~ C__A .x3E S 7:00 P.M. Attachments 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Liz6e _ Bailey Turgeon _ Woodruff _ Zerby _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, 5/26/09 Minutes B. City Council Regular Meeting Minutes, 5/26/09 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. Excelsior Firefighters Relief Association (EFRA) Deputy Clerk's Fundraising Event (Dance) Temporary 3.2 memorandum, Percent Malt Liquor License and Special Event Resolution Permit C. Approval of an Agreement with Minnetonka Administrator's Community Education for Lifeguard Services for memorandum Crescent Beach D. Accept bids and award contract for 2009 Mill & Engineer's Overlay, City Project 09-04 memorandum, Resolution E. Authorize Staff to Notify Veolia of Intent to Administrator's request RFP's for Recycling Services memorandum 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. CITY COUNCIL REGUI E LGENDA JUNE Page 2 of 2 Attachments 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. REPORTS AND PRESENTATIONS A. 2008 Audit Presentation by Andrew Berg, CPA, Finance Abdo, Eick and Meyers, LLP Director's memorandum B. Tad Shaw report on Minnetonka Community Education (MCE) activities C. Dick Woodruff report on Lake Minnetonka Conservation District (LMCD) activities 6. PUBLIC HEARING 7. PARKS 8. PLANNING - Report by Representative 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Council Procedures and Policies B. Art on the Walls Program C. Southshore Center 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff B. Mayor and City Council 12. ADJOURN 10 minutes 7:10 p.m. 10 minutes 7:20 p.m. 10 minutes 7:30 p.m. 10 minutes 7:40 p.m. 5 minutes Administrator's 10 minutes memorandum Park 10 minutes Coordinator's memorandum Administrator's 10 minutes memorandum 5 minutes 5 minutes I minute 7:50 p.m. 7:55 p.m. 8:05 p.m. 8:15 p.m. 8:25 p.m. 8:30 p.m. 8:35 p.m. 5755 COUN E RY CLUB nOmD ® 3H0nL_W0,jD, Iv11NtJESOTA 55331-8927 - (952) 474-3236 FAX (952) 474-0128 - www.d.shorewood.mn.us - cityhall@d.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 8 June, 2009 A 6:00 pm Work Session is scheduled this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: The Excelsior Firefighters Relief Association (EFRA) has submitted applications for its 25th annual fundraising event to be held at EFD Sta. #1, located at 24100 Smithtown Road, on Friday, July 17, 2009. The event will take place between the hours of 5:00 P.M. and midnight. It is the EFRA's only fundraising event, and has historically been profitable. The EFRA is requesting: a. A temporary license to sell 3.2 Percent Malt Liquor; and b. A Special Event Permit, as required in the CUP for the South Lake Minnetonka Public Safety Facility-West Staff recommends approval of the requested permits, contingent upon receipt of the appropriate Certificate of Liability Insurance documents, which the EFRA is in the process of securing. Agenda Item #3C: The City jointly operates Crescent Beach with the City of Tonka Bay. Expenses for lifeguard services are shared by the cities. Minnetonka Community Education (MCE) has provided these services in the past, and has submitted a proposal for the summer of 2008. The beach will be staffed from June 12 - August 16, seven days per week. One lifeguard will be on duty from 12:00 noon to 6:00 p.m. The City of Shorewood's fee for services for 2009 will be $3,872. This is slightly higher than the 2008 fee of $3,701.70._ Sufficient funding is included in the 2009 Park Operating budget to meet the proposed fee. Staff recommends approval of the agreement. Agenda Item #31): Bids were received, opened, and tabulated on June 3rd for the bituminous mill, overlays and appurtenant work for Beverly Drive, Cajed Lane, Forest Drive, Ferncroft Drive and Stratford Place. Midwest Asphalt Corp. is the lowest bidder with a total bid of $145,531.20. There is $163,500.00 budgeted for the mill and overlay portion of the 2009 road maintenance. Staff recommends approval of a resolution that awards a contract of $145,531.20to Midwest Asphalt Corp. Agenda Item #3E: The City contracts for recycling services and the contract expire December 31, 2009. Staff is recommending issuing an RFP for services. 41% PRINTED ON RECYCLED PAPER 41 .06 --y m City Council Meeting of June 1 Agenda Item #5A: Mr. Andrew Berg, CPA, a partner with the independent audit firm of Abdo, Eick & Meyers, LLP, will make a presentation about the annual financial audit for the period ending December 31, 2008. The Council is requested to accept the 2008 Certified Annual Financial Report (CAFR) by simple motion. Agenda Item #513: Tad Shaw, Minnetonka Community Education (MCE) board representative, will provide a report on NICE board activities. Agenda Item #5C: Dick Woodruff, Lake Minnetonka Conservation District (LMCD) representative, will provide a report on LMCD activities. Agenda Item #10A: Review and discussion regarding the possible adoption of council policies and procedures. Agenda Item #IOB: Staff asks the City Council to support the "Art on the Walls" program for City Hall, which would feature local artisans on a rotating basis. Staff recommends the creation of an "Art Committee", and requests the Council direct the Art Committee to begin the process of selecting artwork for display at City Hall. It is hoped to have artwork in place by the July 15 open house. Agenda Item #IOC: Review, discussion and potential adoption of a lease agreement for the operation of the Southshore Center. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. MINUTES 1. CONVENE CITE' COUNCIL WORD SESSION Mayor Liz6e called the meeting to order at 6:01 P.M. A. Roll Call Present. Mayor Liz6e; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Administrator Heck; Finance Director Burton; Planning Director- Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Turgeon moved, Woodruff seconded, approving the agenda as presented. Motion passed 510. 2. 2010 Goals Administrator Heck stated this year Council is going to establish broad goals rather than wait until the first quarter of the next year to idcnti f what in reality would be, a work plan for Staff. The goal setting process will be done in concert with the 2010 budget process. Once the goals have been established, Staff will identify objectives and tasks for the goals. He commented that per Councilmember Turgeon's request he prepared and distributed a project progress report on 2009 second quarter results. Heck suggested Council First review the °City's Mission Statement which was adopted by the City Council on October 23, 2006. The City's Mission Statement is "The City's mission is to provide a value in municipal services, to assure compiiance with community laws and standards, and to keep residents informed of those services, laws, and standards." He explained goals should tie directly to the City's mission / vision; therefore, Council needs to first determine if the current Mission Statement reflects Council's mission / vision for the City. If it does not, Council needs to first define the mission / vision for the City. Goals can be identified once there is an agreed upon mission statement. Mayor Liz6e asked the Councilmembers if they wanted to change the current Mission Statement. Councilmember Turgeon stated she was comfortable with the wording of the current Mission Statement. Mayor Liz6e stated the August 2008 issue of the Minnesota Cities magazine contains an article on collaborating and maximizing resources and working together with different entities. She then stated the Scott County Association for Leadership and Efficiency (SCALE) was formed to encourage greater efficiencies and leadership in cities, townships and other public entities in Scott County through collaboration of services, sharing of resources, etc. She suggested the current Mission Statement be expanded to say "The City's mission is to encourage greater efficiencies and leadership in public service through enhanced communication, collaboration of services and sharing of resources; to assume #2A CITY C ✓I ,ETINC ME May 26, 2E Page 2 of 4 compliance with community laws and standard; and to keep residents informed of those services, laws, and standards." Adding those few words to the beginning of the Mission Statement shows the City is looking to collaborate with other entities and looking at innovative ways of providing services. Councilmember Woodruff stated he thought Mayor Lizee's comments were useful. He explained that he randomly went to a number of cities' websites to view their mission statements. He found a wide array of statements and sometimes cities didn't have, or at least did not include, its mission statement on its website. He commented that some cities also had a vision statement. He read the City of Eagan's mission statement which is "The City of Eagan exists to serve the needs and interests of its present and future citizens by providing quality public services, personal and property protection, a healthy environment, a stable tax base, attractive amenities, a sense of community and ethical representation. The City will endeavor to reflect community values in an effective, responsible, efficient and visionary manner." He thought Eagan's mission statement contained some good things, and components of it and Mayor Lizee's suggestions about collaboration and efficiencies could be included in a revised City Mission Statement. Woodruff then stated in early 2007 the City Council started to discuss the City's mission statement and at that time he did not think it necessary to do so. He does think it's appropriate to revisit the City's Mission Statement now because of Council's quest to identify broad goals for 2010 and the goals are tied to the Mission Statement. Woodruff explained the Lake Minnetonka Conservation District (LMCD) has recently been identifying its goals and objectives as part of its strategic planning initiative. The LMCD has a vision statement in addition to a mission statement, noting the vision statement is at a higher level then the mission statement. He paraphrased the LMCD's vision statenient which is "to protect and preserve Lake Minnetonka". The LMCD's mission statement is: "The LMCD provides leadership to protecting, improving and managing Lake Minnetonka. This is accomplished through administration and regulation; promoting cooperation and partnerships; through innovation, education, sound leadership; and effective stewardship of public and private f ands." Councilmember Zerby agreed that the current Mission Statement should be expanded to include some of Mayor Lizee's and Councilmember Woodruff's comments. Councilmember Woodruff agreed, but suggested it still be succinct. Councilmember Woodruff suggested sometime down the road Council consider defining a vision statement for the City. Woodruff read the City of Arden Hills vision statement which is "A strong community that values our unique environment, our fiscal soundness, and our tradition as a desirable city in which to live, work, and play." Councilmember Tuugeon stated in 2006 Council considered defining a vision statement, but chose to focus on a mission statement instead. She questioned how someone would be able to explain how personal and property protection would be accomplished, as stated in Eagan's mission statement. She suggested the mission statement should only contain things which the City will be able to explain how they can be accomplished. Administrator Heck explained the "how" will be determined through identification of objectives and tasks. In Turgeon's example of personal and property protection it would be accomplished by having an effective and efficient police department; that is achieved through things such as training, retention, patrol standards, etc. The specific measures are identified as part of the specific task. There was Council consensus to have Administrator Heck and Staff to revise the City's Mission Statement as discussed above. IT O - =-ING MINUTES May 2 . 2, Page 3 of, Mayor Lizee suggested Council now discuss broad goals. Administrator Heck stated when doing so Council should consider its earlier discussion about mission; the goals should tie back to the City's mission. He stated there will be costs associated with accomplishing the objectives and tasks; therefore, the objectives and tasks will have to be prioritized as part of the budget process. Councilmember Woodruff suggested Council identify goals for each department. For example, for Parks the goal could be to maintain and improve the City's park system. How and when it will be achieved will be identified in the future. He commented some goals will take more than one year to achieve. Administrator Heck commented that some goals will be multi-year goals. Councilmember Woodruff suggested one goal could be to increase communication to the community. Administrator Heck suggested the department heads should determine how that should be accomplished. Councilmember Zerby stated he would like to have an environmental goal; one where the City reduces its impact on the environment. Mayor Lizee suggested maybe the goal could be to build a comprehensive green strategy. Councilmember Turgeon expressed concern that items on the 2,009 N~ork plan could get forgotten in this process. She wanted to be assured that those items that will not be completed in 2009 be carried forward to 2010; and if it's determined they should not be carried forward then she requested Council be provided with an explanation for why they aren't. Councilmember Lerb_v stated those items are more like tasks; Council was discussing broad goals at this time. Mayor Lizee stated that although she appreciated Turgeon's concern, this discussion was about broad goals not objectives and tasks. In response to a comment from Councilmember 'I'urgcon, Administrator Heck stated during previous discussions Council stated it was not interested in having the City assess for roadway improvements and stated it would consider discussing bonding for those types of improvements. Councilmember Turgeon suggested there be a broad category in which to place things such as Federal and State mandates. Administrator Heck stated there were a number of items that could fall under the goal of reducing the environmental impact. For example, it could include clean and safe drinking water, protection of the City's ground water, control of sanitary sewer including inflow and infiltration, and a program to manage solid waste to reduce the impact on land fill. Mayor Lizee stated another goal could be to pursue collaboration and partnership opportunities to provide cost effective, energy efficient and innovative services to the public. This lends itself to working with the City's sister cities, the Watershed Districts, the LMCD, and other groups in the area to come up good ideas. In response to a question from Administrator Heck, Lizee stated this goal would also include the management and mitigation of aquatic invasive species. Councilmember Bailey suggested taking a silo approach and identify goals by department to make this easier, and he recommended Council start with the easiest department. There was ensuing discussion about how to improve this discussion process, noting the need for either a white board or flip charts to write ideas down for viewing. Administrator Heck suggested Staff enhance the City's Mission Statement based on discussions this evening and identify other goals in addition to those Council identified. Staff could then put the results in a matrix format for Council to discuss; the matrix would include components of the Mission Statement across the top and goals listed underneath them. There would be some method to record ideas for viewing during the next discussion of this topic. Woodruff moved, Zerby seconded, Adjourning the City Council Work Session Meeting of May 26, 2009, at 6:41 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. 1. CONVENE CITE' 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; Attorney Tietjen; City Administrator Heck; Finance Director Burton; Nanning Director Nielsen; Director of Public Works Brown; and Engineer Land Iiii Absent: None. B. Revre.,, Agenda Administrator Heck requested that Item 3.1-1, "Tobacco License for 25365 Smithtown Road (Oasis Market) be added to the agenda. Turgeon moved, Woodruff seconded, approving the agenda amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 11, 2009 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of May 11, 2009, as amended in Item 8.A, Page 7, Paragraph 6, Sentence 1 change "Without objection by the seconder, the make or' to "Without objection by the seconded, the maker of', and in Item 10.A, Page 9, Paragraph 6, Sentence 2, change "Ms. Scanlon explained" to "Mr. Scanlon explained". Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List approving payables and payroll checks #48388 - 48449 in the amount of $197,202.79. B. Authorize Expenditure of Funds for Seal Coat Aggregate (This was moved to Item 9.1) under Engineering/Public Works.) C. Authorization to Hire Seasonal Employee #ZB CITY nn` 'J-AR COUNCIL MEETING MINUTES May 2 Page 2 of Mayor Lizee stated the hourly rate for the Public Works temporar} position is $11.50. The $10.50 stated in the Staff memorandum is a typographical error. Mayor Lizee requested the hours of the City Hall open house be changed to 4:00 P.M. - 7:00 P.M. to accommodate those individuals who may not get liome from work until close to 6:00 P.M. Councilmember Bailey suggested the time period bc. 5:00 P.M. - 7:00 P.M. There was consensus to change the hours of the City Hall Open House to 5:00 P.M. 7:00 P.M. Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. George Hoff to Report on Matthew Phillippi Mediation Attorney George Hofh stated Council approved the settlement on the case with Matthew Phillippi during its May 11, 2009, meeting. hhe settlement o17'er was reached after approximately 4 - 5 hours of mediation. "Those representing the City during that mediation included Administrator Heck, Director Nielsen, himself and Mark Rosso h-om the League of Minnesota Cities Insurance Trust (LMCIS) who was the adjustor in charge of the file. As part of the settlement Mr. Phillippi was paid $5,000; $3,500 of that came from the LMCIS and the City and $1,500 came from the other parties in the case. He explained prior to entering into mediation he had provided Council with an analysis of the case in a closed door session. His analysis of the case did not change during mediation to any substantial degree. The settlement was driven by economics. The reason Heck and Nielsen thought the settlement offer was appropriate to bring to the Council was in the end it would save the City and the LMCIS a good deal of money. A summary motion was set and drafted; the financial settlement was much less than what that would have cost. As part of the settlement Mr. Phillippi released all claims he may have against the City up to the date he executes the settlement agreement and cashes the settlement check. This is different then the results the City would have gotten had it gone through with and been successful in litigation; it would have related to any claims related to the flooding issue raised in this complaint. The other thing the City obtained in the settlement is the lease settlement is recorded against the property and binds the current and fixture owners of the property. In response to a comment from Councilmember Turgeon, Mr. Hoff stated based on Mr. Phillippi's posture at the start of the mediation to where the mediation ended up was astounding. The City got CITY WOOD REGULAR COUNCIL MEETING MINUTES May 2 Page 3 of ' something extra out of the settlement even if it had went through a successful litigation. He thanked Administrator Heck and Director Nielsen for their efforts during mediation. In response to a question from Councilmember Woodruff, Mr. Hoff stated the City had to act on the settlement offer by May 11, 2009, and he did recollect if Mr. Phillippi had to cash the check by any certain date. Mr. Hoff explained if Mr. Phillippi does not execute the document within a reasonable period of time (e.g., 30 days) the City could go to court and ask that the settlement be executed. The documents are written such that they are binding on all parties but the City. PUBLIC HEARING None. 7. PARKS Commissioner Norman reported on matters considered and actions taken at the May 12, 2009, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Turgeon asked if Public Works had addressed the graffiti issue in ;=rcernan Park, to which the response was it had been done. In response to another question from Turgeon, Brown stated he had not checked on whether or not Xcel Energy had repaired the two lights in Freeman Park. 8. PLANNING Director Nielsen stated that after waiting 12 minutes the Planning Commission meeting of May 19, 2009, was cancelled due to the lack of a quorum. A. Administrative Enforcement Director Nielsen stated cluring its April 27, 2009, meeting Council approved an ordinance amending the City Code establishing administrative enforcement of Code regulations. He explained the law allows a city to publish a summary of the ordinance. 'Elie resolution before Council this evening is to approve that publication. He stated he assumed Council will want to interview the applicants for the hearing officer positions. Council indicated his assumption is correct. Turgeon moved, Woodruff' seconded, Adopting RESOLUTION NO. 09-028, "A Resolution Approving Publication of Ordinance No. 458 by Title and Summary." Motion passed 510. 9. ENGINEERING/PUBLIC WORKS A. Accept Feasibility Study and Order Preparation of Plans, Specifications and Estimates for Harding Lane and Harding Avenue Engineer Landini stated the meeting packet for this evening included the feasibility report for road reconstruction of Harding Avenue and Harding Lane. The feasibility report was ordered by Council during its March 23, 2009, meeting. The reconstruction of Harding Avenue and Harding Lane are included in the 2009 Capital Improvement Program (CIP) and the 20-Year Pavement Management Plan (PMP), and they are rated as in need of improvements. The feasibility report evaluates: if the roadway reconstruction is feasible; sanitary sewer improvements; storm water management improvements and watermain improvements. The report indicates the items are feasible and cost effective. Should Council CITY OF SHORE O REGULAR COUNCIL, MEETING MINUTES May 26, 2049 Rage 4 of 19 choose to move forward with the project, a resolution approving the report and setting the public hearing for the project was included in the meeting packet for Council's consideration. Landini explained that there is a cul-de-sac on both ends of Harding Lane. There is a dry pond to the north near the railroad trail. The project includes replacing the outlet structure with a new one to restore it to its original condition. The roadways will have a 24-foot-wide driving surface with edge control outside of the driving surface. The feasibility study includes expansion of watermain down the road. The sanitary sewer was televised and few issues were found. Soil borings were taken and the soils are in very poor condition; therefore, two feet of sand sub-cut base and six inches of rock will have to be placed under the roadways. Drain the will be installed along the edge of the roadways. Landini stated at a previous meeting, Council asked that he break out the results from the resident survey conducted in January 2009. He stated 12 residents on Harding Avenue and Harding Lane responded to the survey. Ten indicated they did not want the roadways to be reconstructed and two did. Seven did not want watermain extended, one did and four were neutral depending on the cost. Five did not want a 24-foot- wide roadway, three did, and four wanted other. Five did not want on-street parking allowed and seven did. Eleven did not want the streets to be posted as no harking. The current roadways are bituminous streets which are approximately 28-30 feet wide. Harding Lane has bituminous edge control and Harding Avenue does not. The project proposes extending the storunu e..ver on Harding Lane which exists on the lower potion of Harding Lane only. Councilmember Turgeon stated she hoped that once the pond was restored, the storm water issues for properties to the north which abut the trail would subside. She asked that those'residents be notified of the public hearing. Engineer Landini clarified the pond was originally designed as a dry pond and it was never intended to have standing water in it for long periods of tirne. the pond will be a detention facility where it will hold the water for a certain amount of timc. Director Brown explained there is currently a weir structure that in effect does zero detention; the intent is to incorporate a control structure that will detain the storm water. "There isn't sufficient room to construct a NURP pond where it would have a permanent pool. Over the years residents have dumped grass and other material into the pond which resulted in a loss of volume in the pond. Councilmember Woodruff asked if the storm y\,'ater issues would be resolved if a pavement reclamation process was used to repair the roadways, noting the feasibility report recommends reconstructing them. Engineer Landini explained drain the WOUld be installed but storm sewer could not be extended. Director Brown stated there is significant grade around the north cul-de-sac and there is no edge control; roadway water cannot be contained. Councilmember Zerby asked Engineer Landini to walk Council through the decision flowchart used to determine if a roadway was a candidate for reclamation or reconstruction. Engineer Landini explained the roadways have a PASFIZ rating less than five, there is adequate right of way but the foundation soils are poor; based on the decision flowchart the roadways should be reconstructed. Zerby stated the results of the feasibility report are consistent with the outcome of the decision flowchart. Councilmember Turgeon questioned if Council was being asked to decide on a pavement reclamation or reconstruction approach, or is it only being asked to accept the feasibility report. Engineer Landini stated to stay on schedule with this project Council needs to decide if watermain installation will be included as part of the project so he can schedule the necessary public hearing, advertise the public hearing for approximately three weeks and notify residents. Council can decide after the public hearing that it no longer wants to include watermain as part of the project. CITE' -00D REGULAR CC-. d I..u s a..~ MINUTES May 2 Rage 5 of' Councilmember Turgeon expressed concern that there may not be sufficient time to complete this project before late fall of 2009, and based on past experience with Wedgewood Drive improvements it is problematic to complete a road project if the weather temperatures get to cold and winter like or if there is a substantial amount of rain. Dale Sonnichsen, 5695 Harding Lane, stated he was an original long-time resident on Harding Lane and he looked forward to having the streets redone. He explained the water table in the area is currently going down. He has spent 80 percent of the cost of a new well to date and lie doesn't have much deeper to go other than boring a new hole to a deeper aquifer. He would prefer not to spend $10,000 on an assessment in addition to the $8,000 he has already spent on a well. He stated if there is a public hearing for the project he will make sure to knock on his neighbors doors to make sure they are aware of it. He was confident that based on the survey more than 50 percent of the affected residents do not want to be assessed for watermain. Of the twelve survey respondents, seven did not want watermain installed and four were unsure until they knew the cost. He was one of the four vaho were unsure, and now he would not prefer to have watermain installed. He commented there are approximately eighteen property owners in the project area, and only twelve completed the survey. Councilmember Turgeon stated the assessment cost is $8,025 per property. Director Brown explained per the City's Ordinance the connection charge to "lie propci-t`.' line $10,000 minus any assessment previously paid. The property owner has to pay all cost to bring water from the property line to the house. Andrew Waldo, 5679 Harding Lane, stated he installed a new 210-foot-deep well two years ago. It would be a real financial struggle for him to pay the assessment for watermain. He explained lie was one of the four survey respondents who were neutral on w°mennain installation until they knew the costs. After hearing what the cost will be he is not in support of watermain installation, but he is in favor of repairing the street as it is in pretty bad shape. Dean Corder, 5685 WedgeNvood_Drive, stated lie lives right behind Mr. Sonnichsen. He explained that in 2008 watermain was installed in his street. He has not hooked up to City water- yet because it would make more sense for him to hoot: up to City water on Harding Lane if it were to be installed because it would be closer to his house. He understands if the residents don't want watermain installed because of the assessment. He did not think lie had much of' a choice when watermain was installed as part of the Wedgewood Drive roadway project. Now that the project is complete he is glad that he can choose to hook up to City water based on the changing water table. He expressed concern about storm water drainage. 'T'here is a line of woods on his property that borders Harding Lane and it tends to fill up with water, especially when the snov-v melts in the spring. He believes the problem was created when Harding Lane was first put in. He requested that drainage issue be resolved as part of this project. In response to a question from Councilmember Bailey, Engineer Landini explained Council can choose to drop the watermain portion of the project at the public hearing or even up to the time when the contract is awarded for the project. Director Brown explained that at some point the City has to notify residents and inform them that Council is contemplating assessing them for watermain installation, but that doesn't commit Council to that until the project is ordered. Bailey recommended the notification to residents clearly communicate Council has not decided if watermain will be installed, but it is considering it. Councilmember Woodruff stated it was incumbent for Council to take this path. He noted he was not a proponent for or against installing City water. He suggested the project hove forward with the design to include watermain installation. Council can make a final decision on installing watermain after a public hearing. CIS ~T r~y` EWOOD REGULAR COUNCIL MEETING .2S M, d . _ , Rage 6 of 19 Woodruff moved, `I'urgeon seconded, Adopting RESOLITT _ NO. 09-029, "A Resolution Approving Feasibility Report on Proposed Improvements and Se g "ublic Hearing Bate for June 22, 2009, City Project 9-02 Harding Avenue and Harding Lane Road Reclamation Project" and ordering plans and specifications for the reconstruction project including `vatermain improvements. Councilmember Bailey requested Council be provided the opportunity to review the notification letter to the residents informing them of the June 22, 2009, public hearing before it's sent out and he also requested the residents be asked for their feedback in advance of the public hearing. Engineer Landini stated he could notify the residents next week and as part of that notification he could tell them about a survey on survey monkey and ask them to complete the survey. Council would receive the results of the survey in their meeting packet. Councilmember Zerby asked if finding for the roadway improvements only had been decided on. Director Brown explained that a few months ago Council discussed funding approaches for roadway improvements and at that time it decided it wanted to continue to fund the improvements out of the General Fund. The Local Roadway Fund will quickly deplete as the roadway projects are completed. Staff will have to present Council with the bonding funding-, approach for improvements in the not to distant future. The feasibility report does not specify that iii- thirlo other ,',-.an watermain v, it] be assessed. Administrator Heck stated Council directed Staff to move forward with this project in 2009 using the funds in the Local Roadway Fund, and bonding and transfer would be considered in 2010 and beyond. Councilmember Woodruff stated during the 2009 budget process funds were set aside to do this roadway improvement project, and he explained that when improvements are funded out of the General Fund all property taxpayers pay a portion of them. Councilmember Zerby asked if the $97,000 budgeted in 200$ for storm water management improvements to Harding Lane will be used to fund part of this project. Director Brown explained storm water improvements done as part of a roadway project are funded out of the Storm Water Fund, noting there are more storm water projects than funds available to do them. Motion passed 510. B. Accept Feasibility Study and Order Preparation of Plans, Specifications and Estimates for Smithtown Lane Engineer Landini stated the meeting packet for this evening included the feasibility report for road reconstruction of Smithtown Lane. Tile feasibility report was ordered by Council during its March 23, 2009, meeting. The reconstruction of Smithtown Lane is included in the 2009 CIP and the 20-Year PMP, and it is rated as in need of improvements. The feasibility report evaluates: if the roadway reconstruction is feasible; sanitary sewer improvements; storm water management improvements and watermain improvements. The report indicates the items are feasible and cost effective. Should Council choose to move forward with the project, a resolution approving the report and setting the public hearing for the project was included in the meeting packet for this meeting for Council's consideration. Landini explained the roadway will have a 22-foot-wide driving surface with edge control outside of the driving surface, noting the current width is 20 feet. There are issues relating to who owns the right-of- way. The City has prescriptive rights in the right-of-way. Director Brown explained there are poor soils under Smithtown Lane, there currently is no edge control, and there aren't as many of the drainage issues as there are on Harding Lane because there are fewer ground water issues and the grades are much less severe. Using the decision flowchart for street reconstruction versus pavement reclamation, Smithtown CITY -9 nDEWOOD REGULAR COUNCIL MEETING MINUTES May 21-, Page 7 of - ~ Lane has a PASER rating less than S therefore the adequate right-of-way is the next decision to determine if the roadway can be reconstructed. The owners and encumbrance report stated the right-of-way is not in place; it is not a platted right-of-way. The City will have to claim prescriptive rights; State law states the City has the right to what is required to operate and maintain a roadway. Prescriptive rights can include ditches and drains, and sometimes become controversial. Continuing on the flowchart, when there is not adequate right-of-way the flowchart moves to considering reclamation. If the decision is made to install watertnain then the roadway has to be reconstructed. He noted the residents have not requested City water be installed. He stated he thought Smithtown Lane may be a good candidate for using the pavement reclamation approach to improve the roadway. Mayor Lizee asked if the roadway were reclaimed would the City still warm to construct a cul-de-sac on the east end of Smithtown Lane. She noted that would require land acquisition. Director Brown explained there is a public safety reason to construct the cul-de-sac; it would allow vehicles to turn around safely. He stated the resident who would be impacted the most by having a cul-dc-sac constructed has expressed a willingness to have that done. The reclamation can be done without constructing the cul-de-sac, but Staff recommends a cul-de-sac be constructed as part of the project and at a minimum a hammer head turnaround should be considered. Councilmember Woodruff questioned if both a cul-de-sac or haiiiiiicr head turnaround could be included in the design, allowing a decision about what should be done to be made at a later date. Director Brown explained it is much easier to eliminate something from the design at a later date than it is to add something. Woodruff stated Smithtown Lane is a great candidate for reclamation. It is a small street with a low traffic level. There is a significant difference in cost as well as much less impact on the residents if the roadway is reclaimed. He expressed his support for the pavement reclamation approach for making improvements. Councilmember Turgeon stated it is her understanding that if the roadway is reclaimed, the width will remain 20 feet wide, drain tilt w111 be installed and edge control will not be installed. Councilmember Woodruff stated the feasibility report indicates the reclaimed roadway width will be 22 feet wide. Director Brown explained pavement reclamation usually involves trying to maintain the existing surface width; adding additional surface requires constructin(T it. From a statutory point of view engineers are to recommend a roadway be designed with two 11-foot-wide driving surfaces. Staff needs to protect itself from a professional and personal liability perspective. Council can direct the roadway to be designed differently. In response to a question from Councilmember Bailey, Director Brown explained if a cul-de-sac were to be constructed thereby requiring land acquisition the City would have an appraiser determine what the square-foot value of the land is. Staff can then negotiate an easement price with the property owner. If an agreement can be reached an casernent document would be prepared and executed based on direction from Council. He assumed there is no desire on anyone's part to enter into the eminent domain acquisition process. Councilmember Bailey stated he did not want the desire to have a preferable solution which includes construction of a cul-de-sac, necessitating land acquisition, affect the probability of completing the project in 2009. Director Brown stated he did not want to prolong this project any longer than is necessary. He did not want the Wedgewood Drive process repeated for the sake of everyone, even if it meant delaying the actual work on Smithtown Lane. He encouraged Council to, for future projects, consider a process of doing the planning and design work for a roadway project in one year and doing the actual work the following year. He thought the process would allow for more time to resolve issues and concerns. Councilmember Zerby concurred with having an 18 - 24 month timeline for these types of CITE' -)D REGULAR COUNCIL- :..,G M1N1JTES May 26,2 9 Page 8 of 19 projects. Councilmember Woodruff stated he thought the timeline for this project is very realistic because it does not take the same amount of time to do pavement reclamation as it does to reconstruct. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 09-030, 64A Resolution Approving Feasibility Report on Proposed Improvements and Setting Public Hearing Date, City Project 09-03 Smithtown Lane Road Reclamation Project" and ordering plans and specifications for the pavement reclamation of Smithtown Dane not to include watermain improvements. James Elder, 26115 Smithtown Lane, stated he was suspicious of the survey results. Only four properties responded and there are eight property owners on Smithtown Lane, notin one of the properties in not occupied. He asked Staff to explain what pavement reclamation involved. Director Brown explained the existing asphalt surface along with the underlying rock soil will be milled (i.e., ground), drain the will be installed along the edge of the pavement, and three inches of asphalt vyill be placed over the pavement. The pro is it happens quickly. The cons are underlying soil issues are not resolved and there isn't much of an opportunity to resolve drainage issues. Mr. Elder stated the drawing shown this evening was different than the drawing shown during the neighborhood meeting. Engineer Landini explained the drawing shown during the neighborhood meeting was his rendition which showed a reconstructedroadway would be placed in the middle of the 66-foot-wide right-of-way. The Hennepin County owners and encumbrances report showed something different. iii response to a question from Mr. Eider, Landim explained the reclaimed roadway surface would be two feet Nvider and would roughly be located in the same place. Mr. Elder stated when watermain was installed down Smithtown Road manyyears ago he requested the City install a connection point that he could connect to in the future. He noted a small portion of his property is adjacent to Smithtown Road. He is not sure if that ever happened, but if it did he could connect to the watermain on Smithtown Road. Alter talking to other residents, it may be that only 3 - 4 properties on Smithtown Lane would have to connect to a watermain on Smithtown Lane; the others can connect to watermain that ah-cadv exists. Director Brown stated lie would check into what properties were assessed as part of the Smithtown Road project and he thought any parcel of land adjacent to Smithtown Road was assessed. He will veriiw whether or not a connection point for Mr. Elder's property was installed. Mr. Elder clarified he ~,as not assessed. Brown clarified there are three properties on Smithtown Lane that would not he assessed for watermain because they had previously been assessed, and the $9,533 assessment amount accounts for that. Councilmember Woodruff stated the motion made was to make the improvements to Smithtown Lane using the pavement reclamation process, and that means watermain will not be installed. Mr. Elder stated he understood that. Woodruff stated if a connection point exists of the Smithtown Road watermain for Mr. Elder's property and if he was not already assessed for that, he would have to pay a $10,000 connection charge to bring City water to the property line. Mr. Elder asked if there will be public hearing for this project. Director Brown explained the City is not required to hold a public hearing for a pavement reclamation effort; Council can choose to do that. Mr. Elder stated he would endorse that because one-half of the residents on Smithtown Lane did not respond to the survey, and it is his understanding that at least one of the residents was not aware of the neighborhood meeting on the project. Councilmember Woodruff stated the reclamation effort would cost approximately $110,000 less than a reconstruction effort and would still result in having an adequate roadway that would last a long time. CITY _'_0013 REGULAR COUNCIL M--...,- " - ,-S May 2 Page 9 of 19 Joe Melton 26085 Smithtown Lane, stated he found the information about pavement reclamation versus reconstruction of Smithtown Lane on the City's web site to be helpful and he thanked Staff for putting it there. He is in support of reclaiming the roadway because of cost. The complete cost using this approach, including storm water management improvements and storm sewer improvements, is $124,800 which is paid for with taxpayer dollars. The complete cost to reconstruct, including storm water management improvements and storm sewer improvements and watermain improvements, is $295,000 and the property owners would be assessed approximately $10,000 for the watermain improvements. He commented he and his wife have lived on Smithtown Lane longer than anyone else. Katherine Krueger, 26065 Smithtown Lane, stated her property faces Smithtov ii Road. Her property is the drainage point for the entire road. The storm water flows onto her yard, over and under her driveway through a culvert and through a culvert under Smithtown Road to Mr. Elder's property and onto the creek. She questioned if some amount of curb could be installed to stop the tlow of water onto her property. She voted to have a curb installed because of that. The gravel from the driveways on other residents' properties washes down to her property. She did not want this project to exacerbate the problem, and hopefully it can fix it. In response to a question from Mayor Liz6e, Director Brown stated he is hesitant to piece-meal asphalt curb so that it's in front of one lot and not another. Brown e.,.plaincd asphalt curb doesn't resolve the storm water issue it just moves the water further downstream. He stated Staff will discuss if some other type of drainage facility can be constructed on the small parcel of land the City owns in the project area. If the roadway was reconstructed, part of the project included creating a detention facility on the City- owned property. Mr. Elder stated if the culvert under Smithtown Road were cleaned out, the storm water would drain away from Ms. Krueger's property much faster. Mr. Elder questioned if that could be considered as part of the project, to which Brown responded it could. Dick Whetston, 26040 SlnitlltmN ii Lane, stated he applauded Council's stated direction to reclaim the roadway because it's a low usage roadway and he did not think it was prudent to spend taxpayer dollars to reconstruct it. He did not think it is practical to install watermain based on survey results. He explained his property is located near the location of the proposed cul-de-sac. He commented that when watermain was installed along Smithtown Road he was erroneously assessed for it because his property was the closest buildable property yet lie did not own the property that was purportedly that close. He stated he did not care if a cul-de-sac was constructed. He had discussed with Staff the possibility of negotiating his property needed for the cul-de-sac in exchange for the City-owned parcel of land. He asked if consideration would be made for local traffic during the project because all properties on the south side of the street were land-locked. Director Brown explained the City will have to maintain access for emergency vehicles. Residents will be notified of when the roadway will have to be closed for some period of time. He noted that as soon as the roadway is milled it is back to a drivable, albeit dusty, surface. Motion passed 5/0. Director Brown asked if Council wanted to hold a public hearing. Councihnember Woodruff clarified that was not part of his motion. Administrator Heck explained that if the roadway was to be reconstructed and watermain installed the resolution indicated a public hearing would have been scheduled because property owners would have been assessed for watermain. Because watermain is not going to be installed, there is no requirement to schedule the public hearing. C. Consideration of Traffic Signing Policy Director Brown stated Staff was asked to consider some options for signing along Smithtown Road and Country Road 19. Staff and Council have received comments that it is difficult to determine what road someone is on. He explained the tradition has been to sign only cross streets for roadways and not both roadways. This tradition has been followed because of cost. Staff requested and received a quote for supplies only to resign and remount signs. The quote for the street sign blade is $28.50 and the cost for the street sign post bracket is $35.75. Staff calculated the cost to resign Smithtown Road for all of the intersections; the cost for the materials only would be $2,518.75. The 2009 Operating Budget for Traffic Control is $4,000 for all sign items and traffic signal repairs. Staff bel ieves Council needs to decide if this should be a uniform policy throughout the City, a policy for collector roads only, or continue with the past policy. All cities have a deadline in 2011 to meet the Federal Highway Administration mandate to comply with the reflectivity standards. Public Works has been selectively replacing faded signs over the last four years. Counciimernber Zerby stated he did sorne research online and found the State of Minnesota Department of Transportation has a Manual of Uniform Traffic Control Devices which talks about signage. A paragraph in the manual title 2D-20 stated that in a business district and on principal arteries street narne signs should be placed on diagonally opposite corners. In residential areas at least one street name sign should be mounted at each intersection. Signs naming both streets shall be installed at each intersection. He suggested the City comply with MnDOT's rcquircrncnt, and that principal artery be those roadways for which the City receives funding frorn the State or the City's collective streets. Mayor Lizee stated she agreed with Zerby, especially for Smithtown Road, which is also referred to as County Road 19, Manitou Lane and Shadywood Road. Councilmember Turgeon suggested the impact of making the signs compliant should be considered before additional signage oi,, Smithtown Road is considered. She thought there should be an overall plan, not just a plan for S1111tht0wn Road. Director Nielsen explained that the corridor study, which Council adopted, does call for specialized signage for the Country Road 19 and Srithtown Road area. That should be factored into the plan. Councilmember Woodruff suggested Staff prepare a plan between now and the end of the 2010 budget process to replace half of the signs in 2010 to position the City to become fully compliant in 2011 and to satisfy the requests for signs on Smithtown Road. He stated in his neighborhood there are no fishing on the bridge and no parking signs that are difficult to read. He questioned if they would be included as part of the 2011 mandate. Director Brown stated he thought the mandate included all regulatory signs, but he will confirm if those types of signs will be included. Councilmember Zerby stated it would be good to have a larger plan for sign replacements. He has heard residents convey they are confused about what constitutes Smithtown Road and he did not think it was necessary to wait to order signs for Smithtown Road. Zerby moved, Woodruff seconded, approving the purchase of materials to resign Smithtown Road for all of its intersections for an amount of $2,518.75. CITY OF SI- OREW OD REGULAR COUNCIL MEETING MINUTES May 26, 2009 Page 11 of 19 In response to a question from Councilmember Woodruff, Director Brown stated the signs quoted for resigning Smithtown Road will be 2011 compliant and it does not take into consideration the special signage identified for the Country Road 19 and Smithtown Road area specified in the corridor study. Brown noted that when the special signage is purchased and installed per the corridor study specifications, the removed signage can be put into the sign inventory for Smithtown Road. He noted there is a lag time from when the need for a sign is determined and when the sign arrives; therefore, the City maintains a small inventory of signs. Motion passed 510. D. Authorize Expenditure of Funds for Seal Coat Aggregate This was removed from the consent agenda at Councilmember WoodrUil`s request. Councilmember Woodruff explained lie asked that this item and Item 9.E be reinoved from the consent agenda because Council was being asked to authorize expenditures that would result in the total cost for the 2009 Sealcoat street maintenance project being in excess of the;2009 budgeted amount of $204,000. Staff is asking for authorization to purchase sealcoataggrebate for an amount of $26,000 plus tax and it is recommending the 2009 pavement markings be awarded for an amount $194,150. Those two items combined amount to $221,970. In its memorandum to Council Staff indicated it will decrease the oil application rate during construction to bring the project cost down. I-le questioned what that meant. Engineer Landini explained he used the highest oil application rate when he calculated the project cost; he wanted to provide Council with the maximum project cost as Council does not like when Staff has to ask for additional funds later. The actual oil application rate k three tenths of a gallon less per square foot than what was used in the calculation. He thought he could reduce the costs to what was in the 2009 budget by managing the oil application. Woodruff moved, Zerby seconded, authorizing Staff to purchase sealcoat aggregate for the 2009 Sealcoat project from Martin Marietta Materials, Inc., and Adopting RESOLUTION NO. 09-027, "A Resolution Accepting Bid and Awarding Contract for the 2009 Bituminous Seal Coating of Streets to Pearson Brothers Inc., City Project No. 09-05", subject to a combined total project cost not to exceed $204,000. Motion passed 5/0. E. Accept Bids and Award Contract for Sealcoat Project, City Project No. 09-05 This was removed from the consent agenda at Councilmember Woodruff's request and was discussed as part of Item 9.D. 10. GENERAL/NEW BUSINESS A. South Tonka Little League Agreement for Freeman Park Ball Field Signs Attorney Tietjen stated during its May 11, 2009, meeting, Council discussed a request from the South Tonka Little League (SILL) for amendments to the City's Zoning Code that would allow it to display commercial advertising signs on the ball-field fences of the two fields in Freeman Park used by STLL for little league games. Council decided to deny the request. Council instead decided to pursue an agreement with the STLL allowing it to display the signs; an agreement that would address Council's concerns for things such as maintaining control over the signage and the extensive nature of the proposed amendments. Staff has come up with an alternative which is for STLL to apply for a conditional use permit (C.U.P.) to CI'TE' Py,' nLW00D REGULAR COUNCIL MEETIN-- . ~ ES May 26, Rage 12 u 19 display commercial advertising signs. One of the conditions of the C.U.P. would be that SILL must enter into a license agreement with terms acceptable to the Council. This approach would allow the City to place time restrictions on the length of the C.U.P. and agreement. It would also allow the City to either revoke or rescind the C.U.P. and license agreement if the terms of the C.U.P. or license agreement are violated. This C.U.P. approach would not require extensive amendments to the City Code. It would require an amendment establishing the process; review and recommendation by the Planning Commission; a public hearing for the amendment and C.U.P.; and final approval of the amendment, the C.U.P. and the license agreement by Council. Should Council choose to pursue this approach, Staff suggests Council direct Staff to draft amendments to the City Code; this could be done concurrent with the crafting of the license agreement. Staff appreciates this will cause a delay for the STLL, but Staff believes this is the best approach. She noted her memorandum dated May 21 2009, (a copy of which is on file) identifies 15 conditions for Council to consider. Councilmember Woodruff stated Council recently discussed a C.t1.l'. for another matter and one of the items brought to his attention was the potential applicant did not have legal control of the property. He questioned how the STLL could apply for a C.U.P. and how the City could approve it when the STLL has no control over the ball-field properties. Director Nielsen noted the City issues C.U.P.s for companies to locate cellular antennas on the City's water towers; the authority is conveyed to the companies. Councilmember Woodruff asked if one of the conditions could be to I unit this to the ball fields located in Freeman Park. Attorney Tietjen stated the process would be open to everyone, but Council would be able to identify content neutral limitations in the license agreement. Councilmember Turgeon questioned if this could be open to the tennis courts in Freeman Park. Woodruff questioned if it would be applicable for other City parks. Woodruff expressed concern about the potential loss of City control over signage. He suggested it be limited to a particular purpose and area. Tictjcn explained those issues would be addressed through the license agreement. Director Nielsen explained the intent is to define the original Ordinance narrowly, and if some other organization wanted to place signs somewhere else it would have to request its own amendment. He did not think the Ordinance could be limited to the little league. Woodruff stated he wanted to restrict it to the two fields in Freeman Park being discussed. Nielsen stated that gets into the issue of all organizations being treated consistently. Niclsen explained the Ordinance would limit the location of the signs to the inside of the ball-field fences, Councilmember Turgeon stated she appreciated the STLL wanting to move this forward quickly, but the STLL requested the 60-day extension. She did not think it was necessary for the City to rush this process. Attorney Tietien clarified the STLI_.'s application was acted on; there is no required deadline that must be satisfied. Tietien stated theoreticatly another organization could make a similar request that Council would have to consider it; the restrictions can be tailored in the license agreement and the request. In response to a question from Councilmember Turgeon, Director Nielsen explained the administration of this would be covered in the amendment itself. He anticipated an applicant would apply for a C.U.P. and that only gives them the right to display signs. The application for signs would be treated similar to any application for a temporary sign and that would be a $20 permit. Either the applicant or the sponsor would pay for the permit. Staff expected there would be some type of fee schedule. The Code amendment would fall under the temporary sign amendment. Councilmember Bailey noted there are very few fenced in areas in City parks. Although he would not be in support of hanging signs in trees or littering the landscape in parks, he would not have a problem if other sports organizations with fenced in areas requested to display signs during their seasons. He thought this idea of displaying sponsorship signs could work using the C.U.P. process. Although this process may CITY W -I D REGULAR COUNCIL, M--', Z -11NUTLS May 2 Page 13 of not be completed in time for the summer baseball season, it should be in place for the fall baseball season and for future years. Councilmember Zerby stated there are situations where the City has crafted tight documents to control things, and he thought Staff could do so again. Bailey moved, Zerby seconded, directing Staff to draft an amendment to the City Code establishing a conditional use permit provision to display signs in City parks, to draft a license agreement between the City and the South Tonka Little League, to schedule a public hearing for the Code amendment and another hearing to consider the conditional use permit application from South Tonka Little League for this purpose. Councilmember Turgeon stated from her vantage point this was not about hall' fields, it is about Freeman Park and she is not in favor of displaying signs in parks. Motion passed 4/1 with Turgeon dissenting. B. City Hall Landscaping Director Nielsen stated Staff had requested and received a third quote for landscaping City Hall, noting it had already received two quotes which Staff was not satisfied with. Tlic third quote is from Lan-De-Con. Mark Labaree, one of the owners of Lan-De-Con, is a former Shorewood resident and Park Commission member and has consulted with the City in the past. The other two quotes were from TKDA and All Seasons Landscape and Design. The Lan-De-Con proposal seems to be the most realistic; the proposal fits the City's needs the best and the price is realistic. Staff recommends the~City use Lan-De-Con to perform the landscaping working. Councilmember Woodruff stated he has not received a copy of the Lan-De-Con proposal. Director Nielsen stated he will get that to Council. Nielsen explained the cost is $2,400 for design work including sign sketches. It addresses the fiivc areas identified as needing 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. He commented the City may consider using ivtetro Rlooni for some of the rain garden activities. There was Council consensus to continue this item to its next meeting. Councilmember Zerby asked if the City Hall address will be on the sign, to which Director Nielsen responded it will. Mayor Lizee recessed the meeting at 9:00 P.M. Mayor Lizee reconvened the meeting at 9:05 P.M. C. Proposal for a Comprehensive Utility Rate Study Director Burton stated a comprehensive utility system rate analysis in on the City's 2009 goal list. Staff has obtained quotes for this service from Abdo Eick and Meyers, LLP (the City's Auditor) and from Paul Donna, of Northland Securities, Inc. (the City's bond consultant). Each firm brings a different perspective to their analysis. She explained the Abdo Eick and Meyer's analysis would emphasize cash flows for December 31, 2008, through December 31, 2011. It would also provide comparisons with other cities. CITY _ p 1 II _ . EGULAR COUNCIL MEETING MINUTES May 2 3 2 Page 14 of "5 Northland Securities would develop up to four alternatives for sanitary sewer, water, and storm water rates and evaluate these alternatives for changes in operating expenses, system usage, customers, capital improvements and funding options. Its analysis would cover the five-year CIP period and could go out as far as 10 - 12 years. Its familiarity with debt funding options could be useful when discussing funding options for water system and storm water management improvements. For an additional fee, Northland Securities would conduct a public workshop to explain its findings and recommendations to the public. She noted funding for the analysis would come out of the Sewer, Water and Stormwater enterprise funds. Burton stated Staff recommends the appointment of Paul Donna and Rusty Fifield, with Northland Securities, to provide the utility system rate analysis services for an amount not to exceed $8,900. Councilmember Woodruff stated former Councilmember Wellens had requested a lower-usage base rate for water consumption be added to the City's rate structures. Director Burton stated Northland Securities will be informed that is of primary importance, as are the needs for the enterprise funds to be able to support operations and the need to have rates that encourage water conservation. Woodruff moved, Zerby seconded, appointing Paul Donna and Rusty Fifield, Nvith Northland Securities, to provide the comprehensive utility system rate analysis services as per their proposal for an amount to exCce-including i.^vns i i~ ration a c water base ` not < <v e~ .~i,~nvn v, and -including of n lower-consumption v~a~c rate. Councilmember Bailey commented that when the rate analysis was discussed during a February 2, 2009, Council work session the timeline for completion of the analysis by outside resources was anticipated that it may be possible to complete the analysis by the end of the first quarter of 2009 to the middle of the second quarter of 2009. Director Burton duly noted 13ailey's comment, and stated the Northland representatives have indicated their report should he completed in August. Councilmember Zerby asked if the proposal includes any discussion about expanding the City's water system and how that would be paid for. Director Burton stated Northland representatives will consider the City's City water connection charge as well as rates. Ze.rby stated the $10,000 connection charge can be a burden to residents, and he questioned if other alternatives would be considered. In response to a question from Councilmember Bailey, Director Burton explained there would be an additional fee for Northland Securities to conduct a public workshop to explain its findings and recommendations to the public. Northland personnel would review their findings with Council as part of the overall cost. Administrator Heclc commented that the City of Excelsior is doing a rate review as well, and because some of the City's residents get their water from Excelsior it would be prudent to coordinate the timing of the two studies and any rate adjustments. Motion passed 510. D. Southshore Center Administrator Heck stated the meeting packet for this evening contained a memorandum from him regarding future operations of the Southshore Center (the Center). After the packet was distributed he came to the conclusion that future Center operations could be made to be much simpler than those identified in the memorandum. He explained the operation of the Center became an issue after the Friends of the Southshore Center (the Friends) dissolved; there was no longer any person or organization running CITY OF SI-IOREWOOD REGULAR COUNCIL MEETING MINUTES May 26, 2009 Page 15 of 19 the day-to-day operations of the Center. When the Friends ran the Center the member cities (the Cities) were not involved in the day-to-day operation; the Friends were entirely responsible for the Center. Each individual City could decide if it wanted to voluntarily contribute to funding the Center's operations. After the Friends dissolved in early 2009 the Cities started discussing how the Center should be run. One of the benefits of the discussions is it became apparent that the Cities may not be able to reach consensus on some of the issues. Heck explained that during its May 11, 2009, meeting Councilmembers Woodruff and Bailey discussed the option of having Shorewood lease the Center and, in effect, run the Center operations similar to the way the Friends did. Shorewood would be solely responsible for the runnim, the Center. After discussing the lease option with Attorney Tietjen, he thought it was an intriguing option although it may cause some issues from a tactical perspective. He has discussed the possibility of drafting an operating agreement; in essence, everything would remain the same with the exception that Shorewood, if it so desired, would operate the Center in the same fashion that the Friends operated the Center. "I'here would either be a lease agreement, similar to the one the Friends had with the Cities, or some =other document between the Cities that gives Shorewood the sole authority and responsibility to operate and maintain the Center as a community center. The other four Cities could voluntarily decide if they want to contribute financially to that. He has discussed this concept with representatives from the other four Cities and they seem to be receptive to it. Heck asked Attorney Tietjen to comment on a lease agreement versus some other type of document such as an operational agreement. Attorney Tietjen explained that legally Shorewood could lease the Venter, but it would be somewhat awkward because Shorewood is a partial owner of the Center and it would be both a lessor and lessee. She is not aware of anything legally that would prohibit Shorewood fi'om being both a lessor and lessee. Modifying the lease agreement that existed between the Friends and the Cities would not just be a simple matter of replacing the word Friends in the lease agreement that had existed between the Cities and the Friends. Because Shorewood would be both a lessee and lessor there would have to be some agreement with the other four Cities about how dispute resolution v~,ould occur; Shorewood, as a property owner, would not vote against Shorewood, as a tenant, if a dispute arose. The other option would be some type of operational agreement similar in nature to a joint powers agreement, even though it's not a formal joint powers entity the Cities collectively oNvn the Center and are designating an entity to operate and manage the Center. She did not think it N-vould make a significant amount of difference as to what the form of the agreement is, both are probably possible. But, given some of the issues with dispute resolution and how decisions will be made any agreement has to include something all Cities are in agreement with to address such issues. Councilmember Turgeon stated with the lease approach the City would basically have the same arrangement as the Friends had. When the Friends were responsible for the Center the Cities were not required to make any financial contribution and there was no vote as to how the Center was operated. Using the lease approach should eliminate any hesitancy the other four Cities had about amending the Cooperative Agreement. Administrator Heck explained the real issue with the Cooperative Agreement, if it gets to that point, has to do with the division of the Center as an asset should the asset go away. The Cooperative Agreement doesn't need to change using either approach. He agreed with Attorney Tietjen's assessment that modifying the lease agreement between the Friends and the Cities to have Shorewood be the lessee is not as simple as just changing Friends as the tenant to the City of Shorewood as the tenant; it would have to be modified to reflect the current situation. Using either approach Shorewood would have the sole CITY OL ` DE O D REGULAR COUNCIL, MEETING MINUTES May 2 , Page 16 u authority to make all the decisions regarding the management, operations and maintenance of the Center. The Cooperative Agreement will remain in effect; therefore, Shorewood cannot act unilaterally to dispose of the building or close the building. That would still require at least four of the five Cities approval to do so. The existing lease agreement has a 25-year term. He suggested either type of agreement have a five- year term; it would demonstrate Shorewood's good faith commitment to keeping the Center operational as a community center. A three-year commitment, which is what three of the Councilmembers prefer, does not seem long enough. The other Cities would prefer a five-year term, but may consider a three-year term. He thought either approach is a good way to solve the issue, noting the fast approaching deadline of June 30, 2009, to have some operating arrangement in place. He stated the City continues to receive calls from potential rentals who want to rent the Center after the June 30`i' date. Councilmember Turgeon stated she preferred to keep the term of the agreement three years which she thought was the same as the term in Community Rec Resources' (CRIZ) proposal [CRR's proposal is for a 42-month term]. Doing so would make it easier should CRR decide they did not want to manage the Center at the end of a to-be-agreed upon contract. Councilmember Bailey stated he would prefer a three-year term. If the process is successful, he hoped the Center can be functional as a community center long beyond Five years. He did not anticipate there would have to be any major capital improvements made within the i% t three years. At some point there has to be discussion about capital improvements. If Shorewood is going to make major capital improvements to the building than the cost basis for the bui=lding would have to be adjusted. Three years should provide ample time for the Cities to address how capital improvements should he handled. He thought after three years Shorewood should have a relatively good idea if keeping the Center operational as a community Center will work, and he indicated he hoped it would. Councilmember Zerby stated lie could support a three-year term it' that's what everyone wanted, but he wanted to have the agreement include an automatic renewal clause that can be terminated with advance written notice. The agreement should self perpetuate until Shorewood says stop. Councilmember Turgeon stated the lease with the Friends contained similar clauses. Zerby suggested maybe the renewals could be for up to four successful renewals of five years in length. Administrator Heck stated those were components of the draft operational agreement he and Attorney Tietjen had been working on; it included automatic renewal, positive action has to he taken to terminate the agreement, and sufficient advance notice would be required. Mayor Lizee stated she has spoken with three of the other Cities' mayors and Administrator Heck about scheduling a joint ineeting of the Cities' councils for 8:00 A.M. on June 3rd to discuss these options. The meeting would be held at the Southshore Center. The Tonka Bay Council was going to discuss the special meeting this evening; she thought it was in agreement. The Excelsior and Greenwood Mayors were in agreement with the meeting and indicated they thought they would have a quorum of council members present. She expressed hope that at least a quorum of the Shorewood Council would be in attendance; that they would make an effort to adjust their schedules to be there. She noted she had contracted Deephaven Mayor Skrede but has not heard back from him (Skrede was present in the audience this evening). She stated she anticipated the meeting could last up to two hours. The purpose of the meeting is to have the Cities agree on some type of lease or operational agreement as the June 30`i' deadline is approaching quickly. Hopefully, the Cities could collectively reach an agreement, and then CRR can be hired to manage and operate the Center prior to July 1 s`. Councilmember Bailey asked if a draft lease or operational agreement would be available to discuss during the June 30"' special meeting. Attorney Tietjen stated she thought a draft or outline of an agreement could be available by then. CITY --EWOO1 T `21 AR COUNCIL MEETING MINUTE May 2 , Page 17 ® 19 Councilmember Zerby stated he thought the timing was great. The Southshore Center working group has been working on this for a number of months. Administrator Heck has been working hard at coordinating those discussions and preparing materials for the meetings. The Cities' Councils have been discussing different options. It's time to resolve how the Center will be managed and operated. Mayor Lizee explained that during the meeting each City's Council would open their own special meeting and each meeting would have the same agenda. All participants will hear the same presentation about an agreement. The goal is to have each City vote on approving an agreement during the meeting. Councilmember Woodruff stated he thought the lease agreement was the one that had the best opportunity to be taken care of in a short amount of time. All the Cities and their legal counsels are familiar with the lease. He identified six places where minor changes would need to be made to the Friends' lease. He was pleased to hear the other Cities have some interest in this approach. I Ic noted he can't attend the special meeting; he has a previous commitment that starts early in the morning and continues into the evening. Councilmember Bailey stated he cannot guarantee he can attend the special meeting until he checks his calendar. Councilmember Zerby stated he will attend the special meeting. Administrator Heck stated she had hoped Council was ready to express its willingness to operate the Center on behalf of the Cities and to move forward in that direction. HC's not sure if that would involve a motion stating so. He had hoped he could communicate Shorewood's willingness to do so to the other Cities and indicate a formal lease agreement will be forthcoming. He had hoped this would be resolved this evening. Councilmember Turgeon stated she is hung up on the June 3~d special meeting. The timing is not the best. She wants to see the agreement f<rst and have it distributed to the Cities' Councilmembers. She does not anticipate the other Cities will object to lease agreement, as it will be extremely similar to the Friends' lease; therefore, she questioned what would be discussed for two hours on June 3`d. From her vantage point it was not important to meet on June 3"I; a meeting a week or two later may be more appropriate provided one is needed. Councilmember/,erby stated this is such an important issue. The five Cities rarely get together as a whole. "phis is one subject that is worthy of a joint meeting. Turgeon stated it may be more appropriate for the Cities' C'ounCls to first discuss the lease agreement among themselves. Mayor Lizee stated Shorewood needs buy-in from the other Cities. The Cities' Councils have discussed the issue of keeping the Center operational at various times. New questions come up which delays coming to any agreement. Having all the Councils in the same room on June 3`d should allow for everyone's questions to be answered at that time with each Council hearing the same answers and concerns. She again expressed hope that the Shorewood Council would have a quorum at the meeting. Woodruff moved, directing Staff to prepare a modified 3-year term auto-renew lease agreement with Shorewood as the lessee and have the agreement available to Council by June 1, 2009. Councilmember Woodruff stated there had been mention of approving an arrangement with CRR for operating and management services for the Center. He is not objecting to entering into a contract with CRR, but he wants to see a contract first. He thinks it's more appropriate to do the contract work after the Cities agree to the lease agreement. Shorewood can draft the contract and the Shorewood Council can consider the contract during its first meeting in June. CITE''_`4 '_`EW00D REGULAR COUNCIL MEETING MINUTES May 2 , Page 18 of Administrator Heck stated he and Attorney Tietjen will work on modifying the Friends' lease and have a copy to Council on June I" per Council's direction. It is his understanding that Council would like them to start working on drafting a contract for purchasing CRR management services. He recommended the motion be amended to direct Staff to negotiate a contract with CRR on behalf of Shorewood and the other Cities. Woodruff amended his motion to include authorizing Staff to enter into contract negotiations with Community Rec Resources and to draft a contract the Shorewood Mayor can sign and to bring it before Council for consideration. Councilmember Bailey agreed with Mayor Lizee's concern that the back-and-forth cycle will never end if there isn't a multi-Council special meeting. He expressed his reluctance to vote on the lease agreement during the June 3`d special meeting, noting the Shorewood Council meets on June 8"'. Mayor Lizee explained that some of the Council's only meet once a month. She wanted all the discussion to occur during the June 3`d meeting so all the Cities' Councils were very clear about what they were voting on. She wanted to move the resolution of the Center's operations along. Bailey clarified he was not opposing the meeting. He was uncomfortable having the Shorewood Council vote on the lease agreement during a joint meeting. He suggested the Shorewood Council vote c4iriliig its June 8t" meetim,. Other Cities' Councils can vote during the meeting if that's their preference. Ile indicated he would not be proposing any changes during the June 8th meeting if Council has had the opportunity to review the lease agreement prior to the June 3`d special meeting and provicle those comments to Administrator Heck in advance of the June 3rd meeting. Councilmember Turgeon stated she would prefer the Shorewood Council vote during its June 8th meeting. In response to a comment from Councilmember Turgeon, Mayor Lizee clarified that the Tonka Bay Council was discussing the special June 3`d ineeting this evening and the lease approach was not on the agenda for Greenwood's .lunc 2009, Council meeting, Bailey seconded. Motion passed 510. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated he hoped to have a final accounting of the City Hall renovation project available for the next meeting, noting he was not promising that as he was still waiting for the final change order. There is a little interior work that has to be completed. The punch list for the exterior will be done in the near future. The contractor will replace the sidewalk at the front of City Hall the latter part of the week. Director Brown stated work is progressing on getting the cellular antenna remounted on the SE Area Water Tower and the temporary cellular antenna is still at the site. Councilmember Bailey asked if Staff planned on preparing a post project review of the SE Area Water Tower rehabilitation project including issues and delays encountered. Brown explained paint samples were taken from the interior of the bowl of the tower, and they ware sent out to an independent lab for an infrared spectrometry test. The test results will provide information on what happened to the paint, and what the expected life of the paint is. It will help the City determine if a reduction in payment to the contractor is appropriate. Bailey stated the prairie grass around the base of the Tower looks very bad. Brown explained that based on feedback from a Public Works employee who is very knowledgeable about prairie grass, it's his understanding that prairie CITY O$' ' ` y"EWOOD REGULAR COUNCIL, MEETING MINUTES May 2 , Rage 19 of grass will get green later than turf grass. Brown noted the prairie grass has been watered by Public Works staff. He stated he has discussed publishing something about prairie grass on the City's website and in its newsletter with the City's prairie grass expert, Joe Pazandak. Director Nielsen noted the residents' calls about the grass are being routed to Mr. Pazandak. In response to a question from Councilmember Zerby, Director Brown stated Hennepin County was working on resolving the problem with activating the warning sirens when using an alternative test method. Hennepin County has stated the City's sirens are functional. B. Mayor and City Council Councilmember Woodruff stated at the Lake Minnetonka Communications Commission full commission meeting last week Executive Committee members were nominated and elected. Patrick Hodapp, the City's representative, was elected to serve as Vice Chair. 12. ADJOURN Zerby moved, Turgeon seconded, Adjourning the City Council Regular Meeting of May 26, 2009, at 9:52 P.M. Motion sassed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk PAAE APPROVALS For 06/08/2009 Council Meeting Prepared by. ° Date:6_ ~j Michelle T. Nguyen, 8/r. Xccounting Clerk - Reviewed by: Date: Bonnie Burton, Finance Director 6/04/2009 1.:07 PM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON B ANK DATE RANGE: 5/28/2009 THRU 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOU NT 16275 AMERICAN MESSAGING I-D2059963JF JUN PAGER R 6/09/2009 17. 87 048459 17. 87 03745 BURTON, BONNIE I-MAY-JUN-2009 MAY & JUN WELLNESS/OFFICE SURF R 6/09/2009 175. 10 048460 175. 10 04081 CARQUEST AUTO PARTS I-93754 BALL JOINTS R 6/09/2009 179. 20 048461 I-93793 U-POINT R 6/09/2009 53. 02 048461 232 .22 17300 CENTERPOINT ENERGY I-79456885-052109 5735 CTRY CLUB RD-S.S.CTR R 6/09/2009 66. 68 048462 I-80000150112-052809 GAS SVC R 6/09/2009 310. 88 048462 377 .56 05305 COMMUNITY REC RESOURCES I-11-2009 MAY 18-29 SVC R 6/09/2009 1,710. 00 048463 1,710 .00 05875 CUB FOODS I-JUN 1-09 DENNIS JOHNSON RETIREMENT R 6/09/2009 59. 51 048464 I-JUN 1-2009 DENNIS JOHNSON RETIREMENT R 6/09/2009 36. 16 048464 I-MAY 16-09 SPRING CLEAN UP FOODS R 6/09/2009 36. 47 048464 I-MAY 29-09 DENNIS JOHNSON RETIREMENT R 6/09/2009 62. 39 048464 194 .53 29276 DELANO RENTAL, INC. I-59763 RENTAL R 6/09/2009 175. 25 048465 175 .25 1 DOLLAR TREE STORES INC. 43688 I-DOLLAR TREE STORES DOLLAR TREE STORES INC. #3688: R 6/09/2009 100. 00 048466 100 .00 29271 DREW KRIESEL I-696898 S.S. CENTER-CLEAN SVCS R 6/09/2009 480. 00 048467 480 .00 07229 EGAN-MCKAY ELECTRICAL I-MNT0000004192 2ND QTR PREVENTIVE MAINT R 6/09/2009 498. 00 048468 498 .00 07383 ELECTRICAL INSTALLATION & MAIN I-0010572-IN SIGNAL RELAMP R 6/09/2009 247. 49 048469 247 .49 08712 G & K SERVICES I-APR-2009-2 APR-CH & PW ADDT'L R 6/09/2009 213. 13 048470 I-MAY-2009 MAY-CH & PW SVC R 6/09/2009 759 .61 048470 972 .74 09400 GOPHER STATE ONE-CALL, IN I-9050835 MAY SVCS R 6/09/2009 302 .05 048471 302 .05 6/04/2009 1.:07 PM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01. City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 5/28/2009 THRU 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOU NT 09501 GOVT FINANCE OFFICERS ASSOCIAT I-196323003-2009 2009 GFOA CERT OF ACHIEVEMENT R 6/09/2009 350. 00 048472 350. 00 1 GRAPHIC SPECIALTIES INC I-GSI-INV#17314.01 SIGN R 6/09/2009 93. 55 048473 93. 55 1 GRAPHIC SPECIALTIES INC I-GSI-INV#17334.01 SIGN R 6/09/2009 95. 91 048474 95. 91 29232 HECK, BRIAN I-200906030252 CELL PHONE R 6/09/2009 79. 99 048475 I-200906030253 MCMA CONFE NISSWA-MILEAGE R 6/09/2009 138. 05 048475 218. 04 10575 HENN CO-OPERATIVE I-196715 HERBICIDE PARKS R 6/09/2009 341 .17 048476 341. 17 29277 INDUSTRIAL CHEM. LABS & SERVIC I-53955 DEGREASER FOR L.S. R 6/09/2009 240 .4'0 048477 2_0. 46 11520 JANI-KING OF MINNESOTA, INC. I-MIN06090564 JUN SVC-FINAL R 6/09/2009 149 .81 048478 I-MIN06090565 JUN SVC-FINAL R 6/09/2009 130 .40 048478 280. 21 13320 LEE PEST CONTROL INC I-PCO20018333 S.S. CTR- SVC R 6/09/2009 70 .00 048479 70. 00 13550 LIZEE, CHRISTINE I-200906030251 MISC EXPENSES REIM R 6/09/2009 82 .31 048480 82. 31 12900 LK MTKA CONSERVATION DIST I-2ND QTR-2009 2ND QTR LEVY PYMT R 6/09/2009 7,870 .19 048481 7,870. 19 21340 LOCAL LINK I-2921461996-JUN2009 JUN WEB LINK SVC R 6/09/2009 131 .80 048482 131. 80 13750 LUGOWSKI, JOSEPH I-200906030248 SEC 125 REIM R 6/09/2009 357 .58 048483 I-200906030249 SEC 125 REIM R 6/09/2009 222 .10 048483 579. 68 15176 MENARDS 1-91902 LUMBER RINK R 6/09/2009 38 .29 048484 38. 29 15885 MIDWEST MAILING SYSTEMS INC I-68201 JUN POSTAGE-ADDITIONAL R 6/09/2009 17 .88 048485 I-68205 JUN NEWSLETTERS SVC R 6/09/2009 346 .12 048485 I-JULY-2009 JULY POSTAGE R 6/09/2009 500 .00 048485 864. 00 6/04/2009 1:07 PM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 5/28/2009 THRU 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOU NT 16425 MN ASSOC. OF GOVT COMMUNICAT I-AW09SHO WORKSHOP-PAMELA & JULIE R 6/09/2009 40. 00 048486 40 .00 14050 MTI DISTRIBUTING COMPANY I-669499-00 IRRIGATION REP. R 6/09/2009 128. 02 048487 128 .02 19445 NGUYEN, MICHELLE I-MAY-2009 MAY MILEAGES & D JOHNSON GIFT R 6/09/2009 243. 20 048488 243 .20 15900 OFFICE DEPOT I-474559161.001 GEN OFFICE R 6/09/2009 46. 81 048489 46 .81 20230 PACE ANALYTICAL SERVICES, INC. I-091106293 WATER TOWER PROJECT R 6/09/2009 1,140. 00 048490 I-091107584 SPRING STREET SWEEP R 6/09/2009 180. 00 048490 1,320 .00 20268 PANCHYSITYN, JEAN I-200906030250 DENNIS JOHNSON RETIREMENT R 6/09/2009 187. 97 048491 I-APR-SUN 2009 APR - JUN WELLNESS REIM R 6/09/2009 120. 00 048491 307 .97 1 PAUL MARTINSON I-PAUL MARTINSON DAMAGE VERIFIED R 6/09/2009 85. 00 048492 85. 00 20950 POTTS, KENNETH N. I-MAY-2009 MAY PROSECUTIONS R 6/09/2009 2,291. 66 048493 2,291 .66 26100 QWEST I-9524706340-052509 MAY 25-JUN 24 SVC R 6/09/2009 111. 48 048494 I-9524709605-052509 MAY 25- JUN 24 SVC R 6/09/2009 58. 98 048494 I-9524709606-052509 MAY 25- JUN 24 SVC R 6/09/2009 58. 98 048494 229. 44 21550 RANDALL, DANIEL I-200906040255 FUEL REIM R 6/09/2009 15. 00 048495 15. 00 21610 REED BUSINESS INFORMATION I-4174839 2009 BITUMINOUS-05/18/09 R 6/09/2009 191. 88 048496 191. 88 22347 RUMPCA CO INC I-4610 BRUSH DISPOSAL R 6/09/2009 117. 00 048497 117. 00 22476 SAFETY SIGNS I-090619 TRAFFIC CONTROL R 6/09/2009 192. 00 048498 192. 00 6/04/2009 =:07 PM A/P HISTORY CHECK REPORT PAGE: VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 5/28/2009 THRU 99/99/9999 CHECK CHECK CHECK CHE CK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOU NT 22950 SHOREWOOD TRUE VALUE I-182836 STARTER CHORD R 6/09/2009 36. 21 048499 1-90739 ELETRICAL ADAPTER-CH R 6/09/2009 23. 39 048499 1-91156 RAKES R 6/09/2009 27. 67 048499 I-91388 HARDWARES R 6/09/2009 17. 11 048499 I-91400 CONDUIT R 6/09/2009 6. 91 048499 I-91463 TREE FENCE R 6/09/2009 40. 45 048499 151. 74 07651 SO LAKE-EXCELSIOR CHAMBER OF C I-2009-JULY4 JULY 4TH FIREWORK DONATION R 6/09/2009 2,500. 00 048500 2,500. 00 23500 SO LK MTKA POLICE DEPT I-JUN 2009-OBE JUN OPERATING BUDGET EXP R 6/09/2009 78,246. 00 048501 78,246. 00 23725 SPEEDWAY SUPERAMERICA LLC I-0646996033-061909 GAS R 6/09/2009 1,823 .38 048502 1,823. 38 29101 SUN NEWSPAPERS I-1183219 DBID 09-04 BIT OVERLAY - 05/21 R 6/09/2009 112 .61 048503 112. 61 17200 SUN PATRIOT NEWSPAPERS I-921395 THEMIG HRG NOTICE - 05/23 R 6/09/2009 33 .08 048504 33. 08 23738 T-MOBILE 1-392432578-052109 JOE P. CELL --04/21-05/20 R 6/09/2009 35 .77 048505 35. 77 23772 THE GARDEN PATCH I-09915 FERTILIZER-COMM GARDEN R 6/09/2009 13 .57 048506 I-09916 FERTILIZER-COMM GARDEN R 6/09/2009 13 .57 048506 27. 14 25000 TOTAL PRINTING SERVICES I-7186 JUN NEWSLETTER SVC R 6/09/2009 1,089 .15 048507 I-7199 BUSINESS CARDS R 6/09/2009 426 .00 048507 1,515. 15 25540 UNITED LABORATORIES I-14657 PARK SUPPLIES R 6/09/2009 1,290 .19 048508 1,290. 19 70200 VERIZON WIRELESS I-2016583803 L.S. SVC - 04/22-05/21 R 6/09/2009 212 .02 048509 212. 02 26500 VESSCO, INC. I-45357 WATER REP. R 6/09/2009 390 .21 048510 I-45402 WATER REP. R 6/09/2009 90 .44 048510 I-45408 WATER REP. R 6/09/2009 177 .09 048510 657. 74 6/04/2009 _:07 PM VENDOR SET: 01 City of Shorewood BANK: - BEACON BANK DATE RANGE: 5/28/2009 THRU 99/99/9999 VENDOR I.D. NAME 27190 WACONIA FARM SUPPLY I-315196 CHAIN SAW SUPPLIES I-316578 CHAIN SAW SUPPLIES 29269 WARNER CONNECT I-0022977 JUN-COMP MAINT I-0077461 COMP SERVER DRIVE I-0077470 COMP P.W. CABLING I-0077478 COMP MEMORY UPGRADE I-0077485 COMP MEMORY UPGRADE 83900 WASTE MANAGEMENT-TC WEST I-4995446-1593-7 S.S.CTR-JUN SVC I-4995447-1593-5 JUN P.W. SVC 18500 WM. MUELLER & SONS, INC. I-MAY-2009 MAY TICKETS-ROADS 28451 WSB AND ASSOCIATES I-01459-330-2 APR-SMITHTOWN LN REHAB I-01459-340-1 APR-HARDING LN/AVE REHAB 19800 XCEL ENERGY 1-273900289 24253 SMITHTOWN RD I-273933535 5735 CTRY CLUB RD-S.S.CTR 1-5145317119-052009 STMT 4196791529 A/P HISTORY CHECK REPORT PAGE: 6 CHECK CHECK CHECK CHECK STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT R 6/09/2009 121. 10 048511 R 6/09/2009 50. 09 048511 171 .19 R 6/09/2009 2,800. 00 048512 R 6/09/2009 1,886. 36 048512 R 6/09/2009 1,095. 60 048512 R 6/09/2009 909. 55 048512 R 6/09/2009 47. 73 048512 6,739 .24 R 6/09/2009 146. 87 048513 R 6/09/2009 264. 56 048513 411 .43 R 6/09/2009 3,326 .24 048514 3,326 .24 R 6/09/2009 8,920 .25 048515 R 6/09/2009 8,511 .00 048515 17,431 .25 R 6/09/2009 1,003 .09 048516 R 6/09/2009 1,117 .66 048516 R 6/09/2009 8,500 .39 048516 10,621 .14 * * T 0 T A L S * * NO CHECK AMOUNT DISCOUNTS TOTAL APPLIED REGULAR CHECKS: 58 147,251.71 0.00 147,251.71 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 EFT: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 VOID DEBITS VOID DISCOUNTS VOID CREDITS VOID CHECKS: 0 0.00 0.00 0.00 TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTAL 58 147,251.71 0.00 147,251.71 BANK: 1 TOTALS: 58 147,251.71 0.00 147,251.71 REPORT TOTALS: 59 147,251.71 0.00 147,251.71 06-04-2009 12:53 AM C O U N C I L R E P O R T- JUNE. 8, 2009 PAGE: 1 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMOUNT AMERICAN MESSAGING 6/09/09 JUN PAGER General Fund Public Works 8. 93 6/09/09 JUN PAGER Water Utility Water 4. 47 6/09/09 JUN PAGER Sanitary Sewer Uti Sewer 4. 47 TOTAL: 17. 87 BURTON, BONNIE 6/09/09 AUDIT DOCS-OFFICE SUPPLIES General Fund General Government 95. 10 6/09/09 MAY & JUN WELLNESS/OFFICE General Fund Finance - 80. 00. TOTAL: 175. 10 CARQUEST AUTO PARTS 6/09/09 BALL JOINTS General Fund Public Works 179. 20 6/09/09 U-POINT General Fund Public Works 53. 02 TOTAL: 232. 22 CENTERPOINT ENERGY 6/09/09 GAS SVC General Fund Municipal Buildings 44. 96 6/09/09 GAS SVC General Fund Public Works 96. 74 6/09/09 GAS SVC General Fund Parks & Recreation 73. 07 6/09/09 5735 CTRY CLUB RD-S.S.CTR Public Facility Fu Public Facility/Off Eq 66. 68 6/09/09 GAS SVC Water Utility Water 29. 68 6/09/09 GAS SVC Water Utility Water 66. 43 TOTAL: 377. 56 COMMUNITY REC RESOURCES 6/09/09 MAY 18-29 SVC General Fund Parks & Recreation. 1,710. 00 TOTAL: 1,710. 00 CUB FOODS 6/09/09 DENNIS JOHNSON RETIREMENT General Fund Council 41. 93 6/09/09 DENNIS JOHNSON RETIREMENT General Fund Council 36. 16 6/09/09 DENNIS JOHNSON RETIREMENT General Fund Council 62. 39 6/09/09 DENNIS JOHNSON RETIREMENT General Fund Municipal Buildings 17. 58 6/09/09 SPRING CLEAN UP FOODS Recycling Utility NON-DEPARTMENTAL 36. 47 TOTAL: 194. 53 DELANO RENTAL, INC. 6/09/09 RENTAL General Fund Parks & Recreation _ 175. 25 TOTAL: 175. 25 DREW KRIESEL 6/09/09 S.S. CENTER-CLEAN SVCS Public Facility Fu Public Facility/Off Eq 480. 00 TOTAL: 480. 00 EGAN-MCKAY ELECTRICAL 6/09/09 2ND QTR PREVENTIVE MAINT General Fund Parks & Recreation 498. 00 TOTAL: 498. 00 ELECTRICAL INSTALLATION & MAINTENANCE 6/09/09 SIGNAL RELAMP General Fund Traffic Control/Str Li 247. 49 TOTAL: 247. 49 G & K SERVICES 6/09/09 CH SVC General Fund Municipal Buildings 49. 82 6/09/09 CH SVC General Fund Municipal Buildings 94. 34 6/09/09 PW SVC General Fund Public Works 163. 31 6/09/09 PW SVC General Fund Public Works 665. 27 TOTAL: 972. 74 GOPHER STATE ONE-CALL, IN 6/09/09 MAY SVCS Water Utility Water 151. 03 6/09/09 MAY SVCS Sanitary Sewer Uti Sewer 151. 02 TOTAL: 302. 05 GOVT FINANCE OFFICERS ASSOCIATION 6/09/09 2009 GFOA CERT OF ACHIEVEM General Fund Finance 350. 00_ TOTAL: 350. 00 06-04-2009 12:53 AM C O U N C I L R E P O R T- JUNE 8, 2009 PAGE: 2 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMOUNT MISC. VENDOR DOLLAR TREE STORES INC 6/09/09 FIREWORK PRMT-23610 HIGHWA General Fund NON-DEPARTMENTAL 100 .00 GRAPHIC SPECIALTIES IN 6/09/09 GRAPHIC SPECIALTIES INC:SI City Bl dg Project Equipment Replacement 93 .55 GRAPHIC SPECIALTIES IN 6/09/09 SHOREWOOD SIGN City Bldg Project Equipment Replacement 95 .91 PAUL MARTINSON 6/09/09 DAMAGE DUE TO WELL REPL-AM Water U tility Water 85 .00 TOTAL: 374 .46 HECK, BRIAN 6/09/09 CELL PHONE & MILEAGES General Fund Administration 79 .99 6/09/09 MCMA CONFE NISSWA-MILEAGE General Fund Administration 138 .05 TOTAL: 218 .04 HENN CO-OPERATIVE 6/09/09 HERBICIDE PARKS General Fund Parks & Recreation 341 .17 TOTAL: 341 .17 INDUSTRIAL CHEM. LABS & SERVICES INC. 6/09/09 DEGREASER FOR L.S. Sanitary Sewer Uti Sewer 240 .46 TOTAL: 240 .46 JANI-KING OF MINNESOTA, INC. 6/09/09 JUN SVC-FINAL General Fund Municipal Buildings 149 .81 6/09/09 JUN SVC-FINAL General Fund Public Works 130 .40 TOTAL: 280 .21 LEE PEST CONTROL INC 6/09/09 S.S. CTR- SVC Public Facility Fu Public Facility/Off Eq 70 .00 TOTAL: 70 .00 LIZEE, CHRISTINE 6/09/09 MISC EXPENSES REIM General Fund Council 82 .31 TOTAL: 82. 31 LK MTKA CONSERVATION DIST 6/09/09 2ND QTR LEVY PYMT General Fund Council 7,870. 19 TOTAL: 7,870. 19 LOCAL LINK 6/09/09 JUN WEB LINK SVC General Fund Municipal Buildings 131. 80 TOTAL: 131. 80 LUGOWSKI, JOSEPH 6/09/09 SEC 125 REIM General Fund NON-DEPARTMENTAL 357. 58 6/09/09 SEC 125 REIM General Fund NON-DEPARTMENTAL 222. 10 TOTAL: 579. 68 MENARDS 6/09/09 LUMBER RINK General Fund Parks & Recreation 38. 29 TOTAL: 38. 29 MIDWEST MAILING SYSTEMS INC 6/09/09 JUN POSTAGE-ADDITIONAL General Fund General Government 17. 88 6/09/09 JUN NEWSLETTERS SVC General Fund General Government 346. 12 6/09/09 JULY POSTAGE General Fund General Government 500. 00 TOTAL: 864. 00 MN ASSOC. OF GOVT COMMUNICATORS 6/09/09 WORKSHOP-PAMELA & JULIE General Fund General Government 40. 00 TOTAL: 40. 00 MTI DISTRIBUTING COMPANY 6/09/09 IRRIGATION REP. General Fund Parks & Recreation 128. 02 TOTAL: 128. 02 NGUYEN, MICHELLE 6/09/09 DENNIS JOHNSON GIFT CARD General Fund Council 175. 00 6/09/09 MAY MILEAGES General Fund Finance 68. 20 TOTAL: 243. 20 OFFICE DEPOT 6/09/09 GEN OFFICE General Fund General Government 46. 81 TOTAL: 46. 81 06-04-2009 12:53 AM C O U N C= L R E P O R T- JUNE 8, 2009 PAGE: 3 VENDOR NAME DATE DESCRIPT ION FUND DEPARTMENT AMOUNT PACE ANALYTICAL SERVICES, INC. 6/09/09 WATER TOWER PROJECT Water Utility Water 1,140 .00 6/09/09 SPRING STREET SWEEP Stormwater Managem Stormwater Management 180 .00 TOTAL: 1,320 .00 PANCHYSITYN, JEAN 6/09/09 DENNIS JOHNSON RETIREMENT General Fund Council 187 .97 6/09/09 APR - JUN WELLNESS REIM General Fund General Government 120 .00 TOTAL: 307 .97 POTTS, KENNETH N. 6/09/09 MAY PROSECUTIONS General Fund Professional Svcs 2,291 .66 TOTAL: 2,291 .66 QWEST 6/09/09 MAY 25-JUN 24 SVC General Fund Municipal Buildings 111 .48 6/09/09 MAY 25- JUN 24 SVC Water Utility Water 58 .98 6/09/09 MAY 25- JUN 24 SVC Water Utility Water 58 .98 TOTAL: 229 .44 RANDALL, DANIEL 6/09/09 FUEL REIM General Fund Public Works _ 15 .00 TOTAL: 15 .00 REED BUSINESS INFORMATION 6/09/09 2009 BITUMINOUS-05/18/09 Street Capital Imp Street Capt Improvemen 191 .88 TOTAL: 191 .88 RUMPCA CO INC 6/09/09 BRUSH DISPOSAL General Fund Tree Maintenance 117 .00 TOTAL: 117 .00 SAFETY SIGNS 6/09/09 TRAFFIC CONTROL General Fund Public Works 192 .00 TOTAL: 192. 00 SHOREWOOD TRUE VALUE 6/09/09 ELETRICAL ADAPTER-CH General Fund Municipal Buildings 23. 39 6/09/09 STARTER CHORD General Fund Public Works 36. 21 6/09/09 RAKES General Fund Public Works 27. 67 6/09/09 HARDWARES General Fund Public Works 17. 11 6/09/09 CONDUIT General Fund Public Works 6. 91 6/09/09 TREE FENCE General Fund Tree Maintenance 40. 45 TOTAL: 151. 74 SO LAKE-EXCELSIOR CHAMBER OF COMMERCE 6/09/09 JULY 4TH FIREWORK DONATION General Fund Council 2,500. 00 TOTAL: 2,500. 00 SO LK MTKA POLICE DEPT 6/09/09 JUN OPERATING BUDGET EXP General Fund Police Protection 78,246. 00 TOTAL: 78,246. 00 SPEEDWAY SUPERAMERICA LLC 6/09/09 GAS General Fund Public Works 1,823. 38 TOTAL: 1,823. 38 SUN NEWSPAPERS 6/09/09 DBID 09-04 BIT OVERLAY - 0 Street Capital Imp Street Capt Improvemen 112. 61 TOTAL: 112. 61 SUN PATRIOT NEWSPAPERS 6/09/09 THEMIG HRG NOTICE - 05/23 General Fund Planning 33. 08 TOTAL: 33. 08 T-MOBILE 6/09/09 JOE P. CELL --04/21-05/20 General Fund Protective Inspections 35. 77 TOTAL: 35. 77 THE GARDEN PATCH 6/09/09 FERTILIZER-COMM GARDEN General Fund Parks & Recreation 13. 57 6/09/09 FERTILIZER-COMM GARDEN General Fund Parks & Recreation 13. 57 06-04-2009 12 :53 AM C O U N C I L R E P O R T- JUNE 8, 2009 PAGE: 4 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMOUNT TOTAL: 27 .14 TOTAL PRINTING SERVICES 6/09/09 JUN NEWSLETTER SVC General Fund General Government 1,089 .15 6/09/09 BUSINESS CARDS General Fund General Government 42 6 .00 TOTAL: 1,515 .15 UNITED LABORATORIES 6/09/09 PARK SUPPLIES General Fund Parks & Recreation 1,290 .19 TOTAL: 1,290 .19 VERIZON WIRELESS 6/09/09 L.S. SVC - 04/22-05/21 Sanitary Sewer Uti Sewer 212 .02 TOTAL: 212 .02 VESSCO, INC. 6/09/09 WATER REP. Water Utility Water 390 .21 6/09/09 WATER REP. Water Utility Water 90 .44 6/09/09 WATER REP. Water Utility Water 177 .09 TOTAL: 657 .74 WACONIA FARM SUPPLY 6/09/09 CHAIN SAW SUPPLIES General Fund Tree Maintenance 121 .10 6/09/09 CHAIN SAW SUPPLIES General Fund Tree Maintenance 50 .09 TOTAL: 171 .19 WARNER CONNECT 6/09/09 JUN-COMP MAINT General Fund Municipal Buildings 2;800 .00 6/09/09 COMP SERVER DRIVE City Bldg Project Equipment Replacement 1,886 .36 6/09/09 COMP P.W. CABLING City Bldg Project Equipment Replacement 1,095 .60 6/09/09 COMP MEMORY UPGRADE City Bldg Project Equipment Replacement 909 .55 6/09/09 COMP MEMORY UPGRADE City Bldg Project Equipment Replacement _47 .73 TOTAL: 6,739 .24 WASTE MANAGEMENT-TC WEST 6/09/09 JUN P.W. SVC General Fund Public Works 264 .56 6/09/09 S.S. CTR-JUN SVC Public Facility Fu Public Facility/Off Eq 146 .87 TOTAL: 411 .43 WM. MUELLER & SONS, INC. 6/09/09 MAY TICKETS-ROADS General Fund Streets & Roadways 3,326 .24_ TOTAL: 3,326 .24 WSB AND ASSOCIATES 6/09/09 APR-SMITHTOWN LN REHAB Street Capital Imp Street Capt Improvemen 8,920 .25 6/09/09 APR-HARDING LN/AVE REHAB Street Capital Imp Street Capt Improvemen 8,511 .00 TOTAL: 17,431 .25 XCEL ENERGY 6/09/09 STMT #196791529 General Fund Municipal Buildings 767 .70 6/09/09 STMT #196791529 General Fund Police Protection 3 .48 6/09/09 STMT 4196791529 General Fund Public Works 401 .68 6/09/09 STMT #196791529 General Fund Traffic Control/Str Li 22 .31 6/09/09 STMT #196791529 General Fund Traffic Control/Str Li 3,083 .68 6/09/09 STMT 4196791529 General Fund Parks & Recreation 317 .69 6/09/09 SS CENTER-ELEC-5735 CTRY C Public Facility Fu Public Facility/Off Eq 1,117. 66 6/09/09 24253 SMITHTOWN RD Water Utility Water 1,003. 09 6/09/09 STMT 4196791529 Water Utility Water 79. 64 6/09/09 STMT 4196791529 Water Utility Water 247. 16 6/09/09 STMT 4196791529 Water Utility Water 3,129. 13 6/09/09 STMT 4196791529 Sanitary Sewer Uti Sewer 447. 92 TOTAL: 10.621. 14 06-04-2009 12:53 AM C 0 U N C I L R E P O R T- JUNE 8, 2009 PAGE: 5 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMOUNT -PAYROLL EXPENSES 5/26/2009 - 99/99/9999 General Fund Council 1,239. 52 General Fund Administration 4,512. 32 General Fund General Government 6,613. 58 General Fund Finance 5,461. 73 General Fund Planning 5,951. 62 General Fund Protective Inspections 3,448. 53 General Fund City Engineer 2,797. 60 General Fund Public Works 9,702. 75 General Fund Streets & Roadways 565. 99 General Fund Sanitation/Weeds/Waste 772. 49 General Fund Tree Maintenance 549. 11 General Fund Parks & Recreation 4,120. 47 Water Utility Water 3,810. 29 Sanitary Sewer Uti Sewer 2,459. 54 Recycling Utility Recycling 505. 04 Stormwater Managem Stormwater Management 126. 09 TOTAL: 52,636. 67 FUND TOTALS 101 General Fund 161,258.08 401 Public Facility Fund 1,881.21 404 Street Capital Improvemen 17,735,74 410 City Bldg Project Svcs 4,128.70 601 Water Utility 10,521.62 611 Sanitary Sewer Utility 3,515.43 621 Recycling Utility 541.51 631 Stormwater ManagementUtil 306.09 GRAND TOTAL: 199,888.38 TOTAL PAGES: 5 06-04-2009 01:03 PM DEPARTMENT FUND NON-DEPARTMENTAL General Fund Council General Fund Administration General Fund General Government General Fund Finance General Fund Professional Svcs General Fund Planning General Fund Municipal Buildings General Fund C O U N C I L R E P O R T- JUNE 8, 2009 PAGE: 1 VENDOR NAM= DATE DESCRIPTION AMOUNT MISC. VENDOR DOLLAR TREE STORES INC 6/09/09 FIREWORK PRMT-236610 HTGHWA 100 .00 LUGOWSKI, JOSEPH 6/09/09 SEC 125 REIM 357 .58 6/09/09 SEC 125 REIM 222 .10 TOTAL: 679 .68 CUB FOODS 6/09/09 DENNIS JOHNSON RETIREMENT 41 .93 6/09/09 DENNIS JOHNSON RETIREMENT 36 .16 6/09/09 DENNIS JOHNSON RETIREMENT 62 .39 SO LAKE-EXCELSIOR CHAMBER OF COMMERCE 6/09/09 JULY 4TH FIREWORK DONATION 2,500 .00 LK MTKA CONSERVATION DIST 6/09/09 2ND QTR LEVY PYMT 7,870 .19 LIZEE, CHRISTINE 6/09/09 MISC EXPENSES REIM 82 .31 NGUYEN, MICHELLE 6/09/09 DENNIS JOHNSON GIFT CARD 175 .00 PANCHYSITYN, JEAN 6/09/09 DENNIS JOHNSON RETIREMENT 187 .97 —PAYROLL EXPENSES 5/26/2009 - 99/99/9999 1,239 .52 TOTAL: 12,195 .47 HECK, BRIAN 6/09/09 CELL PHONE & MILEAGES 79 .99 6/09/09 MCMA CONFE NISSWA-MILEAGE 138 .05 —PAYROLL EXPENSES 5/26/2009 - 99/99/9999 4,512 .32 TOTAL: 4,730 .36 BURTON, BONNIE 6/09/09 AUDIT DOGS-OFFICE SUPPLIES 95 .10 MIDWEST MAILING SYSTEMS INC 6/09/09 JUN POSTAGE-ADDITIONAL 17 .88 6/09/09 JUN NEWSLETTERS SVC 346 .12 6/09/09 JULY POSTAGE 500 .00 OFFICE DEPOT 6/09/09 GEN OFFICE 46 .81 FIN ASSOC. OF GOVT COMMUNICATORS 6/09/09 WORKSHOP-PAMELA & JULIE 40 .00 PANCHYSITYN, JEAN 6/09/09 APR - JUN WELLNESS REIM 120 .00 TOTAL PRINTING SERVICES 6/09/09 JUN NEWSLETTER SVC 1,089 .15 6/09/09 BUSINESS CARDS 426 .00 —PAYROLL EXPENSES 5/26/2009 - 99/99/9999 6,613 .58 TOTAL: 9,294 .64 BURTON, BONNIE 6/09/09 MAY & JUN WELLNESS/OFFICE 80 .00 GOVT FINANCE OFFICERS ASSOCIATION 6/09/09 2009 GFOA CERT OF ACHIEVEM 350 .00 NGUYEN, MICHELLE 6/09/09 MAY MILEAGES 68 .20 -PAYROLL EXPENSES 5/26/2009 - 99/99/9999 5,461 .73 TOTAL: 5,959 .93 POTTS, KENNETH N. 6/09/09 MAY PROSECUTIONS 2,291 .66 TOTAL: 2,291 .66 SUN PATRIOT NEWSPAPERS 6/09/09 THEMIG HRG NOTICE - 05/23 33 .08 —PAYROLL EXPENSES 5/26/2009 - 99/99/9999 5,951. 62 TOTAL: 5,984. 70 CUB FOODS 6/09/09 DENNIS JOHNSON RETIREMENT 17. 58 G & K SERVICES 6/09/09 CH SVC 49. 82 6/09/09 CH SVC 94. 34 JANI-KING OF MINNESOTA, INC. 6/09/09 JUN SVC-FINAL 149. 81 CENTERPOINT ENERGY 6/09/09 GAS SVC 44. 96 XCEL ENERGY 6/09/09 STMT 4196791529 767. 70 LOCAL LINK 6/09/09 JUN WEB LINK SVC 131. 80 SHOREWOOD TRUE VALUE 6/09/09 ELETRICAL ADAPTER-CH 23. 39 QWEST 6/09/09 MAY 25-JUN 24 SVC 111. 48 WARNER CONNECT 6/09/09 JUN-COMP MAINT 2,800. 00 06-04-2009 01:03 PM C O U N C I L R E P 0 R T: - JUNE 8, 2009 PAGE: 2 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION Police Protection General Fund Protective Inspections General Fund City Engineer General Fund XCEL ENERGY SO LK MTKA POLICE DEPT TOTAL: 4,190 .88 6/09/09 STMT 4196791529 3 .48 6/09/09 JUN OPERATING BUDGET EXP 78,246 .00 TOTAL: 78,249 .48 6/09/09 JOE P. CELL --04/21-05/20 35 .77 5/26/2009 - 99/99/9999 3,448 .53 5/26/2009 - 99/99/9999 2,797 .60 TOTAL: 6,281 .90 6/09/09 BALL JOINTS 179 .20 6/09/09 U-POINT 53 .02 6/09/09 PW SVC 163 .31 6/09/09 PW SVC 665 .27 6/09/09 JUN SVC-FINAL 130 .40 6/09/09 JUN PAGER 8 .93 6/09/09 GAS SVC 96 .74 6/09/09 STMT #196791529 401 .68 6/09/09 FUEL REIM 15 .00 6/09/09 TRAFFIC CONTROL 192 .00 6/09/09 STARTER CHORD 36 .21 6/09/09 RAKES 27. 67 6/09/09 HARDWARES 17. 11 6/09/09 CONDUIT 6. 91 6/09/09 GAS 1,823. 38 6/09/09 JUN P.W. SVC 264. 56 5/26/2009 - 99/99/9999 9,702. 75 TOTAL: 13,784. 14 6/09/09 MAY TICKETS-ROADS 3,326. 24 5/26/2009 - 99/99/9999 565. 99 TOTAL: 3,892. 23 T-MOBILE **PAYROLL EXPENSES **PAYROLL EXPENSES Public Works General Fund CARQUEST AUTO PARTS G & K SERVICES JANI-KING OF MINNESOTA, INC AMERICAN MESSAGING CENTERPOINT ENERGY XCEL ENERGY RANDALL, DANIEL SAFETY SIGNS SHOREWOOD TRUE VALUE SPEEDWAY SUPERAMERICA LLC WASTE MANAGEMENT-TC WEST **PAYROLL EXPENSES Streets & Roadways General Fund Traffic Control/Str Li General Fund Sanitation/Weeds/Waste General Fund Tree Maintenance General Fund Parks & Recreation General Fund WM. MUELLER & SONS, INC **PAYROLL EXPENSES ELECTRICAL INSTALLATION & MAINTENANCE 6/09/09 SIGNAL RELAMP 247 .49 XCEL ENERGY 6/09/09 STMT 4196791529 22 .31 6/09/09 STMT #196791529 3,083 .68 **PAYROLL EXPENSES 5/26/2009 - 99/99/9999 772 .49 TOTAL: 4,125 .97 RUMPCA CO INC 6/09/09 BRUSH DISPOSAL 117 .00 SHOREWOOD TRUE VALUE 6/09/09 TREE FENCE 40 .45 WACONIA FARM SUPPLY 6/09/09 CHAIN SAW SUPPLIES 121 .10 6/09/09 CHAIN SAW SUPPLIES 50 .09 **PAYROLL EXPENSES 5/26/2009 - 99/99/9999 549 .11 TOTAL: 877 .75 COMMUNITY REC RESOURCES 6/09/09 MAY 18-29 SVC 1,710 .00 EGAN-MCKAY ELECTRICAL 6/09/09 2ND QTR PREVENTIVE MAINT 498 .00 HENN CO-OPERATIVE 6/09/09 HERBICIDE PARKS 341 .17 MTI DISTRIBUTING COMPANY 6/09/09 IRRIGATION REP. 128 .02 MENARDS 6/09/09 LUMBER RINK 38 .29 CENTERPOINT ENERGY 6/09/09 GAS SVC 73 .07 XCEL ENERGY 6/09/09 STMT 4196791529 317 .69 THE GARDEN PATCH 6/09/09 FERTILIZER-COMM GARDEN 13 .57 6/09/09 FERTILIZER-COMM GARDEN 13 .57 06-04-2009 01:03 PM C O U N C I L R E P O R T- JUNE S, 2009 PAGE: DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT UNITED LABORATORIES 6/09/09 PARK SUPPLIES 1,290 .19 DELANO RENTAL, INC. 6/09/09 RENTAL 175 .25 **PAYROLL EXPENSES 5/26/2009 - 99/99/9999 4,120 .47 TOTAL: 8,719 .29 Public Facility/Off Eq Public Facility Fu LEE PEST CONTROL INC 6/09/09 S.S. CTR- SVC 70 .00 CENTERPOINT ENERGY 6/09/09 5735 CTRY CLUB RD-S.S.CTR 66 .68 XCEL ENERGY 6/09/09 SS CENTER-ELEC-5735 CTRY C 1,117 .66 DREW KRIEBEL 6/09/09 S.S. CENTER-CLEAN SVCS 480 .00 WASTE MANAGEMENT-TC WEST 6/09/09 S.S. CTR-SUN SVC 146 .87 TOTAL: 1,881 .21 Street Capt Improvemen Street Capital Imp REED BUSINESS INFORMATION 6/09/09 2009 BITUMINOUS-05/18/09 191 .88 WEB AND ASSOCIATES 6/09/09 APR-SMITHTOWN LN REHAB 8,920 .25 6/09/09 APR-HARDING LN/AVE REHAB 8,511 .00 SUN NEWSPAPERS 6/09/09 DBID 09-04 BIT OVERLAY - 0 112 .61 TOTAL: 17,735 .74 Equipment Replacement City Bldg Project MISC. VENDOR GRAPHIC SPECIALTIES IN 6/09/09 GRAPHIC SPECIALTIES INC:SI 93 .55 GRAPHIC SPECIALTIES IN 6/09/09 SHOREWOOD SIGN 95 .91 WARNER CONNECT 6/09/09 COMP SERVER DRIVE 1,886 .36 6/09/09 COMP P.W. CABLING 1,095 .60 6/09/09 COMP MEMORY UPGRADE 909 .55 6/09/09 COMP MEMORY UPGRADE 47 .73 TOTAL: 4,128 .70 Water Water Utility GOPHER STATE ONE-CALL, IN 6/09/09 MAY SVCS 151 .03 MISC. VENDOR PAUL MARTINSON 6/09/09 DAMAGE DUE TO WELL REPL-AM 85 .00 AMERICAN MESSAGING 6/09/09 JUN PAGER 4 .47 CENTERPOINT ENERGY 6/09/09 GAS SVC 29 .68 6/09/09 GAS SVC 66 .43 XCEL ENERGY 6/09/09 24253 SMITHTOWN RD 1,003 .09 6/09/09 STMT 4196791529 79 .64 6/09/09 STMT 4196791529 247 .16 6/09/09 STMT 4196791529 3,129 .13 PACE ANALYTICAL SERVICES, INC. 6/09/09 WATER TOWER PROJECT 1,140 .00 QWEST 6/09/09 MAY 25- JUN 24 SVC 58 .98 6/09/09 MAY 25- JUN 24 SVC 58 .98 VESSCO, INC. 6/09/09 WATER REP. 390 .21 6/09/09 WATER REP. 90. 44 6/09/09 WATER REP. 177. 09 **PAYROLL EXPENSES 5/26/2009 - 99/99/9999 3,810. 29 TOTAL: 10,521. 62 Sewer Sanitary Sewer Uti GOPHER STATE ONE-CALL, IN 6/09/09 MAY SVCS 151. 02 AMERICAN MESSAGING 6/09/09 JUN PAGER 4. 47 XCEL ENERGY 6/09/09 STMT 4196791529 447. 92 INDUSTRIAL CHEM. LABS & SERVICES INC. 6/09/09 DEGREASER FOR L.S. 240. 46 VERIZON WIRELESS 6/09/09 L.S. SVC - 04/22-05/21 212. 02 **PAYROLL EXPENSES 5/26/2009 - 99/99/9999 2,459. 54 TOTAL: 3,515. 43 NON-DEPARTMENTAL Recycling Utility CUB FOODS 6/09/09 SPRING CLEAN UP FOODS 36. 47 06-04-2009 01:03 PM C O U N C L R E P O R T- JUNE 8, 2009 PAGE: 4 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION Recycling Recycling Utility **PAYROLL EXPENSES 5/26/2009 - 99/99/9999 TOTAL: Stormwater Management Stormwater Managem PACE ANALYTICAL SERVICES, INC. 6/09/09 SPRING STREET SWEEP **PAYROLL EXPENSES 5/26/2009 - 99/99/9999 TOTAL: FUND TOTALS 101 General Fund 161,258. 08 401 Public Facility Fund 1,881. 21 404 Street Capital Improvemen 17,735. 74 410 City Bldg Project Svcs 4,128. 70 601 Water Utility 10,521. 62 611 Sanitary Sewer Utility 3,515. 43 621 Recycling Utility 541. 51 631 Stormwater ManagementUtil 306. 09 GRAND TOTAL: 199,888.38 505.04 180.00 306.09 TOTAL PAGES: 4 '7 d-°' DATE: June 2, 2009 TO: Mayor and City Council Members } FROM: Jean Panchyshyn, Deputy Clerk u Bradley J. Nielsen, Planning Director CC: Brian Heck, City Administrator RE: EXCELSIOR FIREFIGHTERS RELIEF ASSOCIATION FUNDRAISING EVENT ON FRIDAY, JULY 17, 2009 The Excelsior Firefighters Relief Association (EFRA) has submitted the following documents in support of its annual fundraising event (dance) at the Fire Station located at 24100 Smithtown Road on Friday, July 17, 2009. The event will take place between the hours of 5:00 P.M. and Midnight. This will be the 25th year that the EFRA has held this fundraising event. This will be the fifth year this event has been held at the Fire Station at 24100 Smithtown Road. It is the EFRA's only fundraising event, and has historically been profitable. 1) Temporary 3.2 Percent Malt Liquor License This is a temporary license to serve 3.2 percent malt liquor on the day of the event, July 17, 2009, between the hours of 5:00 P.M. and midnight. Prior to the event, the individuals serving alcohol will be attending an alcohol training session provided by the South Lake Minnetonka Police Department. Approval of the license is contingent upon receipt of appropriate Certificate of Liquor Liability Insurance, which the EFRA is in the process of securing. The EFRA is requesting the $25 license fee be waived, as in past years (as the City is a member of the Excelsior Fire District). A resolution is attached for Council consideration. 2) Special Event Permit. The applicant has submitted a Special Event Permit application. The applicant proposes to provide shuttle service to the site from downtown Excelsior municipal lots. Parking is also available at Shorewood City Hall and the Southshore Center parking lots. On-street parking will not be allowed on Echo Road, Shorewood Lane or Minnetonka Drive. The Special Event permit has been approved by the Zoning PRINTED ON RECYCLED PAPER -g-,36 Administrator, the EFD Fire Chief, and the SLMPD, As in past years, the EF will coordinate additional law enforcement needs with the SLMPD. A copy of the Special Event Permit application is attached. Approval of the permit is contingent upon receipt of the Certificate of Liability Insurance. Council Action Approval of the following permits in support of the Excelsior Firefighters Relief Association annual fundraising dance on July 17, 2009, from 5:00 P.M. to Midnight, at 24100 Smithtown Road: 1) Adopt a Resolution approving the Temporary 3.2 Percent Malt Liquor License, contingent upon receipt of the appropriate Certificate of Liquor Liability Insurance and to waive the $25 license fee (as the City is a member of the Excelsior Fire District); 2) Approval of the Special Event Permit, contingent upon receipt of the Certificate of Liability Insurance. CITY OF S O EW O RESOLUTION NO. 9- A RESOLUTION APPROVING A TEMPORARY 3.2 PERCENT "ON-SALE" MALT LIQUOR LICENSE WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale of 3.2 percent malt liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, and shall fulfill certain requirements concerning insurance coverage, and; WHEREAS, the applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a temporary license for the "on-sale" of 3.2 percent malt liquor: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a temporary license for the "on-sale" of 3.2 percent malt liquor be issued to the Excelsior Fire Fighters Relief Association, for its fundraising event on July 17, 2009 from 5:00 P.M. to Midnight, at 24100 Smithtown Road. BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the Temporary 3.2 Percent malt liquor license fee be waived. ADOPTED by the City Council of the City of Shorewood this 8th day of June, 2009. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk i "'IT F t SHOREWOOD 1_ LIQUOR LICENSE APPLICATION 5755 Country Club Road ® Shorewood, Minnesota 55331 ® (952) 474-3236 Office Ilse: New: Renewal: (*See Ordinance Section 402.09 for pro rata fees) License Period: 1 ',Z V Application Fee*: Receipt # Permit Application is for: 3.2 Percent Malt Liquor On-Sale ($300) Off-Sale ($50) I T Z-009 A - Type of Business: Individual Owner Partnership f Corporation Applicant Name: A6 , Date of Birth: (Individual, Partnership, Corporation) (Individual) Home Address Home Phone: Are you a U.S. Citizen? Yes No If No, Country of Citizenship License Location: ~Pf l ~r' 4 1(C Street N , C: T Y-` ! r J City State Zip Phone How long has Applicant been in business at license location: f C E Owner of Premise:- Home Address: Phone:_ F Manager of Premise: t-~ 1- Home Address: _ Phone: r 1 Name of Home Office:, 61t.t'g f Address: Phone: City, State & Zip: If Business is a Partnership or Corporation: (list name, title, home address and telephone number of each partner or officer - attach separate list, if needed): f ~ Description of Business: (be specific) k Has the Applicant, or any associates in this application, ever had an application for a liquor license (intoxi- cating or nonintoxic~ating) rejected by any municipality or State authority; if so, give date and details. Yes No Has the Applicant, or any associates of this application, during the past five years, ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? If yes, give date and details. Yes No Has the Applicant, any associates of this application, or employees while employed by the Applicant, been convicted of any liquor law violations in this state, or under Federal Laws, during the past five years? If Yes, give date(s) and details. Yes No Required Attachments: Bond, Insurance or Cash Requirement as noted in Ordinance Section 402.0 I certify that I have read the above questions and that the answers and facts set forth in the foregoing application are true and correct of my own knowledge. POLICE REVIEW: This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of the Laws of the State of Minnesota, or City of Shorewood relating to liquor sales ~Agach report, if necessary) Prol1ce Ch f or Designee CITY CLERK: \CAN Date Date CITY OF SHORE WOOD 5755 Country Club Rood, Shorewood, T 55331 SUPPLEMENT TO 3,2 PERCENT LT LIQUOR LICENSE APPLICATION Applicant Name: Excelsior Fire Fighters Relief Association Name of Responsible Person_ ~c~ r' fK It^ f i~ Address Phone 6101 C d Note: The Responsible person must be present at all times during the time of event, Date of Event: Time of Event: from l~0 to Number of people expected in attendance 1 Measures applicant proposes to take to ensure orderly conduct and control of attendees: ~ f i Measures applicant proposes to take to clean-up the area following conclusion of event: jJ G/rv-c. (?e_,Te l > y ' A Permit to serve 3.2 Percent Malt Liquor is subject to the following conditions: 1. No glass containers of any kind shall be permitted to be used or brought into the area for dispersion of food or beverages for any reason whatsoever, 2. Groups of 25 or more shall disperse non-intoxicating malt beverages from kegs only and shall provide plastic or paper cups for individual use. 3. No vehicles shall be allowed on the event site. Only those vehicles required for the transport and dispersing of food and beverages shall be allowed on site, 4. The applicant(s) has/have provided proof of aggregate liquor liability insurance as indicated in §402.07 of the Shorewood City Code, and agrees in writing to hold the City of Shorewood harmless for any personal injury claims resulting from use of the Public Safety Facility grounds, The Certificate of insurance must show the City of Shorewood as "also insured," As the representative for the above-named organization, I hereby agree to hold the City of Shorewood harmless for any personal injury claims resulting from the use of the Public Safety Facility property located at 24100 and 24150 Smithtown Road, as authorized by this permit. 31 Signature f Date APPROVALS: Police Chief A M-E-M-O-R-A-N-D-U-M TO: Jean Panchyshyn City of Shorewood FROM: Deputy Chief John >0~ DATE: May 6t", 2009 RE: Excelsior Fire Relief Association Dance- Liquor License As we determined in previous years in processing the liquor license application for the Excelsior Fire District annual dance, it is not practical to background all the individuals serving alcohol for a one time event. However, as in previous years they should be required to attend alcohol awareness training with the South Lake Minnetonka Police Department. Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay Apr, 14, 2000 6:02PM No, 7960 P. 2 Event to be Registered: Any person or persons sponsoring a event at which it may reasonably be anticipated that there will be more than 75 persons in attendance shall, prior thereto, register such event with the City Clerk, giving the location, date, time, purpose, names of all sponsors, and the number of persons anticipated will be in attendance. Permit for Additional Events: Within a period of 6 months following such event, no additional event(s), at which itmay reasonably be anticipated that there will be more than 75 persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefore approved by the City Council, Application for such permit shall be made to the City Clerk, went Location: G~ 'C r7?r~ ~tv JL. Date of vent: / z 1 I f Number of persons (anticipated) to Attend: 7 Time: f fin I Purpose ZdK C I~rj & "l-, L= ! ponsor'sName(s) 616d„L0-- Akc., a ''"76`,r.'+Crl2;f f13 Daytime phone ()f= 6d Evening Phone 4~W i1f0- `I/ Special Parking or Safety Provisions (e.g., traffic control, parking, pedestrian access): [2 I./~/ r,S Enforcememt: A police officer may order all persons present in any such soup or gathering from which such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse firm said event in lieu of being charged ' under this Chapter shoals) the continued health, safety, comfort, and repose ofthe public be in jeopardy, or if the event is I in violation of the provisions of (.'Ikapter 501 of the Shorewood City Code, Failure to comply with the conditions of the Special Events Permit may result in police enforcement. 2 Applicant's Signature: Date: 1 j Allow 5 business days for processing - - For Office Use Only - SLMPD: (,A Fire aL Zoning Administrator: at Date: a Date, d~ Date: 0 City Administrator: Date: drigrnal; Fa Sl orowood, 5755 Cout)riy Club (toad, Sha,ewood, MN 55331 Copy to: soudr 1,Rko Miniiomnka poliac Deparnnant, Piro Marshal, Applioam ~F SPECIAL EVENT CITY OF PERMIT IN SHOREWOOD (Pursuant to City Code., Chapter 505) 5755 Country Club Road e Shorewood, Minnesota 55331 (952) 474-3236 Fax: (952) 474-0128 (Please Print or Type) Today's Date j , j- ~7U Application Fee: n/a Receipt # n/a Event to be Registered: Any person or persons sponsoring a event at which it may reasonably be anticipated that there will be more than 75 persons in attendance shall, prior thereto, register such event with the City Clerk, giving the location, date, time, purpose, names of all sponsors, and the number of persons anticipated will be in attendance. Permit for Additional Events: Within a period of 6 months following such event, no additional event(s), at which 1 it may reasonably be anticipated that there will be more than 75 persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefore approved by the City Council. Application for such permit shall be made to the City Clerk. ~~C- et? Date of Event: Event Location: b y , F r t 1''j t C_~ 1,= " i t tr r': _ Number of Persons (anticipated) to Attend: Time: Purpose r E , ' f t /Q 2c,. Sponsor's Name(s) 6j'r `c ,/ph .~(r l r f c"3 „✓r a . t /I 'e, d -070-~` r ~ ~ 1 Daytime Phone - - ~/O " Evening Phone # Special Parking or Safety Provisions (e.g., traffic control, parking, pedestrian access): 1 •`lt~ ` ' Enforcement: A police officer may order all persons present in any such group or gathering from which such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse from said event in lieu of being charged under this Chapter should the continued health, safety, comfort, and repose of the public be in jeopardy, or if the event is in violation of the provisions of Chapter 501 of the Shorewood City Code. Failure to comply with the conditions of the Special Events Permit may r9sult in police enforcement. Applicant's Signature: Date: ~ ~ •1 Allow 5 business days for processing For Office Use Only SLMPD: Fire Marshal- Zoni City Administrator: Date: Dater Date: Date: original: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Copy to: South Lake Minnetonka Police Deparhnent, Fire Marshal, Applicant ~ ~7- 57r COUNTRY CLUB ROAD ® SHOREWOOD, MINNESOTA 55331-8927 ~ (952) 4743236 FAX (952) 474-0128 www.ci.shorewood.mn.us ® cityhalf@ci.shorewood.mn.us MEMORANDUM DATE: June 4, 2009 TO: Mayor and Council Members FROM: Brian Heck, City Administrator RE: Lifeguard Services Agreement for 2009 The City jointly operates Crescent Beach with the City of Tonka Bay. Expenses for lifeguard services are shared by the cities. Minnetonka Community Education (MCE) has provided these services in the past, and has submitted a proposal for the summer of 2009. At its last meeting, the Tonka Bay City Council approved the agreement for 2009 Lifeguard Services with Minnetonka Community Education. The proposed agreement is attached. The beach will be staffed from June 12 - August 16, seven days per week. One lifeguard will be on duty from 12:00 noon to 6:00 p.m. The City of Shorewood's fee for services for 2009 will be $3,872. This is slightly higher than the 2008 fee of $3,701.70. Sufficient funding is included in the 2009 Park Operating budget to cover this expense. COUNCIL ACTION: Staff recommends that the City Council approve and authorize the City Administrator to execute the Agreement for Lifeguard Services for 2009 with Minnetonka Community Education. ®4: PRINTED ON RECYCLED PAPER ~y 1. Contractor's Service Proposed Arce cnt: Lifeguard Services for the City of Shorewood Summer 2009 Submitted by: Minnetonka Community Education (Contractor) 4584 Vine Hill Road, Excelsior MN 55331 April 20, 2009 A. Lifeguard Services. The Contractor agrees to provide the city with qualified American Red Cross Certified personnel to Lifeguard the following beaches from June 12 though August 16, 2009 on a seven day per week schedule: ■ Crescent Beach - one guard from 12- 6 pm B. The Contractor agrees to provide: • An appropriate number of lifeguards on duty at all times, according to any applicable industry standards or regulations, weather permitting; • Ongoing in-service trainings during the summer season for all lifeguards; • Supervision of lifeguard personnel; • Safety equipment (back board & First Aid kits) for the lifeguards 2. City Obligations. A. Beach. The City agrees to provide a safe, clean and well-maintained beach and beach area as stated in this agreement. This includes defined swimming boundaries; sand and water free of debris and safety hazards; clean and sanitary restrooms; and a lifeguard station. The City agrees to provide a working telephone, rescue tubes, megaphone and lifeguard chairs as well as a safety boat with oars. B. Payment. The City agrees to pay the Contractor a total of $3,872 divided into two equal payments of $1936 due July 14, 2009, and August 14, 2009, in return for services as stated in this agreement. 3. Reports. The Contractor will provide the city with all necessary information relating to the Lifeguard Services in order for the City to properly maintain the beach. On an as need basis the Aquatics Program Manager will report to the city representative in regards to incidents and/or accidents. At the end of the season (October 2009) the Contractor will provide the city with a full report of beach activity during the season. 4. Insurance. The City is responsible for obtaining property and liability coverage for the beach. The Contractor will maintain professional liability and comprehensive general liability coverage for all employees in an amount consistent with Chapter 466 of the Contractor. 5. Indemnification. The Contractor agrees to indemnify and hold harmless the City, its employees and officers from any and all liability, loss, cost, damages, and expenses including but not limited to property damage and personal injury, including death, which arise in connection with any acts or omissions of Contractor's employees. The City agrees to indemnify and hold harmless the Contractor and its employees, officers, and agents from any and all liability, loss, cost, damages and expenses including but not limited to property damage and personal injury, including death, which arise in connection with the City's performance of this contract or in connection with any acts or omissions of city employees. 6. Liability. Employees of the Contractor and all other persons engaged by the Contractor in the performance of any work or services required, volunteered, or provided for herein to be preformed by Contractor shall not be considered employees of the City and any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City, and other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Contractor, and any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims by any third parties as a consequence of an act or omission on the part of said employees so engaged in any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the Contractor. 7. Terms of Agreement. Notwithstanding the date of the signature of the parties to this Agreement, upon acceptance by all parties, this agreement shall be deemed tolbe effective upon signature by all parties and shall remain in effect until October 2009 unless earlier terminated by either party, with or without cause, upon 45 days written notice or as otherwise provided in this Agreement. 8. Default. If the Contractor or City fails to perform any of the provisions of the Agreement or so fails to administer the work as to endanger the performance of this Agreement, this shall constitute default. Unless the party in default is excused by the other party, the non-defaulting party may upon written notice immediately cancel this Agreement in its entirety. 2 9. Subcontractors. The Contractor shall not enter into any subcontract for performance of any services contemplated under this Agreement nor sign any interest in this Agreement without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. 10. Authorized Representatives. The Parties to this Agreement shall appoint an authorized representative for the purpose of administration of this Agreement. The authorized representative of the city is: City Administrator 5755 Country Club Road Shorewood, MN 55331 (952) 474-3236 The Authorized representative of the Contractor is as follows: Tim Litfin, Executive Director Minnetonka Community Education 4584 Vine Hill Road, Excelsior, MN 55331 (952) 401-5043 11. Amendments. Any amendments to this Agreement will be in writing and will be executed by the same parties who executed the original Agreement, or their successors in office. 12. Entire Agreement. It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral Agreements and negotiations between the parties relating to the subject matter hereof as well as any previous Agreement presently in effect between the parties relating to the subject matter hereof. In Witness Whereof, the parties have caused this Agreement to be duly executed intending to be bound thereby. City of Shorewood Name & Title Minnetonka Community Education Date: Date: Y Tim Litfin, Executive 5755 COUNTI ( ;;LUD ROAD ~ SHOREWOOD, MINNESOTA 55331-8927 ® (952) 4743236 FAX (952) 474-0128 ® www.ci.shorewood.mn.us ® cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landini, City Engineer - DATE: June 04, 2009 RE: A Resolution Accepting Low Bid and Awarding Mill & Overlay Contract to the Successful Low Bidder Exhibit A is the Bid Tabulation for the 2009 Bituminous Mill, Overlays and Appurtenant Work for Forest Drive, Ferncroft Drive, Cajed Lane, Beverly Drive and Stratford Place Project which were opened and tabulated on June 3, 2009. In 2009 we are proposing to Mill & Overlay the following streets: Forest Drive, Ferncroft Drive, Cajed Lane, Beverly Drive and Stratford Place. The low bidder is Midwest Asphalt Corporation in the amount of $145,531.20. Based on the other bids received, it appears that the costs for this project are reasonable. This project will be funded by the Streets & Roadways Operating Budget which has $163,500.00 budgeted for the mill and overlay portion of street maintenance in 2009. Recommendation Staff recommends the contract for the 2009 Mill and Overlay be awarded to Midwest Asphalt. A resolution is attached for your consideration. PRINTED ON RECYCLED PAPER city Short C t No. 0 ® 04 I-' r r Date: 1 ® as Weds June 3rd, 2009 Engineer: City o Shorewood Addendum Bid Bond / No Check (5~/0) Bid 1 MN plan room 2 William Mueller and sons x X $ 156,935.00 3 Valley paving 4 Midwest Asphalt x X $ 145,531.20 5 Northwest Asphalt x X $ 153,619.00 6 Rum River Contracting x X $ 165,223.04 7 Safety Signs 8 Prior Lake Blacktop 9 Hard Drives, Inc. X X $ 187,211.76 10 Commercial Asphalt 11 Geyer Signal of St. Cloud 12 Mn Roadways x X $ 149,246.92 13 Barber Construction x X $ 188,475.60 14 Bituminous Roadways x X $ 213,549.00 15 gmh x X $ 147,005.50 16 FPI Paving Contractors x X $ 164,028.00 17 18 I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project James Landini City Engineer C- 0r( Date Jean Panchj Deputy Clerk/Executive Secretary Date Exhibit A CITY F" S LF7'rI id a,y A RESOLUTION ACCEPTS - AN AWARDING COY'- ` 'T F THE 2009 BITUMINOUS ILL, OVERLAYS APPURTENANT WORK F FOREST DRIVE, FE C OFT DRIVE, CAJED LANE, BEVERLY DRIVE AND T STRATFORD PLACE. CITY PROJECT NO.09-04 WHEREAS, pursuant to an advertisement for bids for local improvements designated as the 2009 Bituminous Mill, Overlays and Appurtenant Work for Forest Drive, Ferncroft Drvie, Cajed Lane, Beverly Drive and Stratford Place, City Project No. 09-04, bids were received, opened on June 3, 2009 and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that Midwest Asphalt Corp. is the lowest bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a contract Midwest Asphalt Corp. in the name of the City of Shorewood, Project No. 09-04, according to the plans and specifications therefore approved by the City Council on file in the office of the City Administrator/Clerk. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and the next two lowest bidders, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of June, 2009. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk 'IL A%- -114 1 Descri ption/Backgrou nd The City is currently contracting with Veolia for recycling services and the contract expires on December 31, 2009. According to the agreement, the city is required to provide notice of our intent to continue contracting with them by June 30 and the contractor then has a month in which to respond accepting our desire to continue the contract. Staff has been working on an RFP for recycling services and including possible changes to the program based on what other communities in the area are doing such as increasing the materials collected, considering single sort, larger containers, less frequent collection, etc. At this point, the City has not sent a letter stating we desire to continue with the agreement. Options 1. Draft letter to Veolia indicating an intent to extend the contract 2. Send letter stating intent not to continue and to issue an RFP for services Recommendation Staff is requesting Council authorize staff to send a letter to the current contractor informing them of Shorewood intent to issue a Request for Proposals (RFP) for recycling services. Staff will provide Council with a draft RFP for review and consideration at the June 22 Council meeting. 3L- R 4 5755 COUNTRY CLUB ROAD ~ SHC3HEWOOD, MINNESOTA 553318927 0 (952) 474-3236 FAX (952) 474-0128 - www.ci.shorewood.mn.us - cityhaI1@ci.shorewood.mn.us MEMORANDUM DATE: June 3, 2009 TO: Honorable Mayor and City Council Members Brian Heck, City Administrator FROM: Bonnie Burton, Finance Director/Treasurer SUBJECT: Comprehensive Annual Financial Report (CAFR) For the year ended December 31, 2008 The City of Shorewood Comprehensive Annual Financial Report (CAFR) for the year ended December 31, 2008 is attached for your review. The CAFR document reports the year's financial activity and the financial status of the City at year-end. Also included with the report is the Management Letter and the Minnesota Legal Compliance letter. Mr. Andrew Berg, CPA, a partner with the independent audit firm of Abdo, Fick & Meyers LLP, will be at the June 8 council meeting to make a presentation about the annual audit of the City's financial activities for the period ending December 31, 2008. Mr. Berg will review the report and answer any questions you may have relative to the report. Following the presentation, the City Council is requested to accept the 2008 Certified Annual Financial Report (CAFR) by simple motion. The City has received the Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for its CAFR for these past many years. This award recognizes outstanding achievement in financial reporting and it is felt that the 2008 report continues to meet the high standards of this program. I hope that you find the report comprehensive and easy to read. If you have any questions, please feel free to call and discuss them with me. Likewise, feel free to ask any questions of Andy at Monday's meeting. PRINTED ON RECYCLED PAPER IL 1 ffi ~ Council Meeting June 8, 2009 Item : Council Policies Item Number 10- Description/Background A few times this year, questions have been asked regarding what if any, policies and procedures the City Council has outlining the conduct of the meetings, structure of debate, recognition of those who wish to speak, etc. I looked through the binder entitled "City Policies" and found only a copy of a statute regarding meetings but nothing that discussed or addressed Council procedural issues so I collected information from the League of Minnesota Cities and other cities to create a draft document on Council procedures and policies. The policy reflects language currently contained in state law regarding term of office, quorum, calling special meetings, and open meeting requirements. Other areas such as order of business, meeting time and date, etc, are based on current practice. One issue to consider is the adoption of "Roberts Rules of Order" for the formal conduct of the meetings. There are other methods or "rules of order" that may be more appropriate for municipal operations and meetings. I am in the process of gathering information on these alternative approaches to meeting operation and conduct. Action Requested I am asking for feedback and comments on the proposed policy and procedures. Council Action: 1~ RESOLUTION No. A RESOLUTION ESTABLISHING RULES FOR THE ORGANIZATION AN PROCEDURE THE CITE' COUNCIL OF THE CITY OF S E . WHEREAS, the city council of the City of Shorewood has the power to regulate its own procedure under Minnesota Statute 412.191, Subdivision 2. NOW, THEREFORE, the city council of the City of Shorewood has determined that its rules of organization and procedure are as follows. Section 1. Meetings Subdivision 1. Regular meetings. Regular meetings of the city council shall be held on the second and fourth Monday of each calendar month at 7:00 p.m. Any regular meeting falling on a holiday shall be held on the next following business day at the same time and place. The city clerk shall maintain a schedule of regular meetings. This schedule shall be available for public inspection during regular business hours at the city clerk's office. All meetings, including special emergency meetings, shall be held in the city hall. Subd. 2. Special meetings. The mayor or any two (2) members of the council may call a special meeting of the council upon at least 24 hours written notice to the city clerk. A request submitted to the city clerk via e-mail shall be considered written notice. The clerk shall deliver written notice to each member of the council and shall mail written notice at least three (3) days before the meeting date to those who have requested notice of such special meetings. The request for special meeting must include the date, time, and location of the meeting. The clerk may notify the other members of the council and interested parties via e-mail and follow the e-mail notification with delivered copies of the agenda for the meeting. Subd. 3. Emergency meetings. The mayor or any two (2) council members may call an emergency meeting when circumstances require the immediate consideration of a matter by the council. Notice may be in writing personally delivered to council members or may be in the form of a personal telephone communication. Notice must include the date, time, place, and purpose of such a meeting. Where practical, the clerk shall make an effort to contact news gathering organizations that have filed a request to receive notice of special meetings. Subd. 4. Term of Office a. The term of office for the Mayor shall be two (2) years. b. The term of office for Council members shall be staggered four (4) year terms. c. The term of office for all members shall begin on the first Monday in January; however current qualified members shall serve until their successors qualify. d. Newly elected or re-elected members shall take the oath of office immediately preceding the start of the first meeting of the year. Subd. 6. Public Meetings. Except as otherwise provided in the open meeting law, all council meetings, including special, emergency, and adjourned meetings of all council committees shall be open to the public. Section 2. Presiding Officer Subdivision 1. Who presides. The presiding officer shall be the mayor. In the absence of the mayor, the acting mayor shall preside: In the absence of both, the clerk shall call the meeting to order and shall preside until the council members present at the meeting choose one of their number to act temporarily as presiding officer. Subd. 2. Procedure. The presiding officer shall preserve order, enforce the rules of procedure herein as described, and determine without debate, subject to final decision of the council on appeal, all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the council shall be conduced in accordance with Robert's Rules of Order, Newly Revised, I01h Edition. Subd. 3 Appeals. Any member may appeal to the council from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved and the presiding officer may explain his or her ruling, but no other council member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present. Subd. 4. Rights of presiding officer. The presiding officer may make motions, second motions, or speak on any question except that on demand of any council member, the presiding officer shall pass the chair to another council member to preside temporarily. Section 3. Minutes Subdivision 1. Who keeps. Minutes of each council meeting shall be kept by the clerk or designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. Subd. 3. Publication. The clerk shall make available to the public within thirty (30) days of a regular or special meeting including the action on motions, resolutions, ordinances, and other official proceedings. Providing access to the minutes through the city's website shall meet the requirements under this subdivision. Section 4. Order of business. Subdivision 1. Order established. Each meeting of the city council shall convene at the time and place appointed. Council business shall be conduced in the following order unless varied as provided herein. 1) Call to Order. 2) Roll Call. 3) Review Agenda 4) Approval of Minutes 5) Consent Agenda 6) Matters from the Floor 7) Reports and Presentations 8) Public Hearings 9) Parks 10) Planning 11) Engineering/Public Works 12) General and New Business 13) Staff and Council Reports 14) Adjournment Subd. 2. Varying order. The order of business may be varied by the presiding officer, but all public hearings shall be held at the time specified in the notice of the hearing. Subd. 3. Agenda. The clerk shall prepare an agenda of business for each regular council meeting in consultation with the presiding officer. Council members and members of the public may request an item be placed on the agenda by contacting the clerk and providing a description of the item and supporting documentation for the item. A copy of the agenda shall be filed in the office of the clerk not later than three (3) days before the meeting. The agenda shall be prepared in accordance with the order of business and copies shall be delivered to each council member and to others as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the council members present. Subd. . Agenda materials. The clerk shall see that at least one copy of printed materials relating to agenda items is available to the public in the meeting room while the council considers their subject matter. The agenda item shall not be considered unless this provision is complied with. This section does not apply to materials that are classified as other than public under the Minnesota Government Data Practices Act or materials from closed meetings. Section 5. Quorum and voting. Subdivision 1. Quorum. At all council meeting a majority of the elected council members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. Subd. 2. Voting. The votes of the members on any question may be taken in any manner, which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. If any member is present but does not vote, the minutes, as to that member's name, shall be recorded as an abstention. Subd. 3. Votes required. A majority vote of all members of the council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases. Section 6. Ordinances, resolutions, motions, petitions, and communications. Subdivision 1. Readings. Every ordinance and resolution shall be presented in writing. An ordinance or resolution need not be read in full unless a member of the council requests such a reading. Subd. 2. Signing and publication proof. Every ordinance and resolution passed by the council shall be signed by the mayor, attested by the clerk, and filed by the clerk in the ordinance or resolution book. Proof of publication or every ordinance shall be attached and filed with the ordinance. Subd. 3. Repeals and amendments. Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part thereof shall set forth in full each amended section or subdivision as it will read with the amendment. Section 7. Committees. Subdivision 1. Committees designated. The following committees shall be appointed by the council at the first regular meeting in January of each year. 1) Investment Committee; and 2) Technology Committee. Subd. 2. Referral and reports. Any matter brought before the council for consideration may be refereed by the presiding officer to the appropriate committee or to a special committee that the presiding officer appoints for a written report and recommendation before it is considered by the council as a whole. A majority of the members of the committee shall sign the report and file it with the clerk prior to the council meeting at which it is to be submitted. Minority reports may be submitted. Each committee shall act promptly and faithfully on any matter referred to it. Section 8. Suspension or amendment of rules. These rules may be suspended or amended only by two-thirds vote of the members present and voting. MEMORANDUM TO: City Council Brian Heck, City Administrator FROM: Kristi Anderson, CRR DATE: June 2, 2009 RE: Art on the Walls Program With the City Hall Open House tentatively scheduled for July 15"', the desire to feature local artisans on a rotating basis to give them added exposure, as well as fill the City Hall with exciting and varying styles of art on an ongoing basis, staff asks the City Council to support the "Art on the Walls" program. Similar to the program run years ago at the Community Center and modeled after others in neighboring communities like Plymouth, Chanhassen, and Eden Prairie, Shorewood would like to initiate its own "Art on the Walls" program. While some communities require that an artist pay a commission on works sold thru their exhibition, Shorewood will not place that contingency on artisans. Staff Recommendation: Creation of an "Art Committee" with the following representation: 1 Elected City Official, 1 City Staff Representative, 2 Adult Representatives, 1 Youth Representative. Accept the attached proposed "Art on the Walls" program and direct the Art Committee to begin the process of selecting artwork for display at City Hall. _t ~ r f !Wood Program `Society is built by imagination, not just bricks and mortar.' Shorewood's Art Initiative seeks to promote awareness and appreciation of visual arts in the community thru: Juried art exhibits in City Hall featuring a different artist every two months. ® An art exhibit of Shorewood area elementary students for the month of February. ART DISPLAYS IN SHOREWOOD STARTING IN 2009 1) Appropriateness of chosen site, piece, or proposed location. Preference will be given to 2-3 dimensional art. Appropriate sculpture pieces will also be considered for indoor display. There is no opportunity for ceramics or shelf item displays at this time. 2) Send artwork samples (representative photographs, digital images, slides or artist websites) with completed Artist Agreement and Waiver Forms for submission. Only appropriate artwork that meets general community standards will be displayed. The Art Committee reserves the right to refuse any piece they feel does not meet this guideline. 3) The displaying artist is responsible for hanging and dismantling his/her own display. The artist must provide any needed assistance in displaying their work. When approved, exhibit timeline for display and dismantling will be confirmed with the artist. Artwork to be hung on the wall must have attached hanging wire on the back. 4) The artist will provide: a) An information tag for each art piece indicating the work's title, artist's name, age (if appropriate for adolescents), selling price (or NFS) and media (if desired) b) An information sheet with a short biography/artist statement c) List of exhibit pieces with prices (or not for sale) with artist contact information. 5) The display will be in place at City Hall for 1-2 months including installation and take down. Any and all purchase inquiries will be forwarded directly to the displaying artist. Sales of any displayed artwork will be handled directly with the artist. S__ /O0 ART ON THE WALLS ARTIST A G E ENT AND WAIVER FORM Artist Name: Address: City: Day Phone: E-Mail Address: Art Medium/Description: Exhibit Schedule: x City Exhibit Coordinator will contact you to confirm your assigned month(s) and schedule installation and take down. DISPLAY AGREEMENT The above named artist agrees that his/her artwork, to be displayed at Shorewood City Hall on the dates indicated, is at the risk of the artist. The artist waives any and all claim against the City of Shorewood and the Art Committee, their agents, or assigns, for any loss or damage to the artwork in connection with the hanging, exhibition, and removal of the above referenced display. Dated: Artist Signature PLEASE SIGN AGREEMENT AND RETURN PRIOR TO START OF THE DISPLAY PERIOD TO: City Administrator OR Fax to 952-474-0128 City of Shorewood 5755 Country Club Road OR Email: cityhall@ci.shorewood.mn.us Shorewood, MN 55331 Call 952-474-3236 with any questions - State: Zip: Evening Phone: ( ) Website: Department Item dumber 10- Representatives of the five cities meet on June 3, 2009 at the SouthShore Center to discuss and comment on the proposal offered by the City of Shorewood to serve as Tenant and operator of the SouthShore Center on behalf of all five cities. We presented the draft lease agreement that was distributed to all council members on Monday June 1. The discussion was good and several suggestions were made to improve the draft document. The draft document is attached and the following changes were made as a result of the meeting. 1. Mary and I are suggesting removing the reference to the Cooperative Agreement in the introductory paragraph. We don't feel this is necessary and does not add anything to the agreement. 2. Inserted "July 1" as the date the agreement becomes effective. 3. Suggest including "General liability" in the section on insurance. 4. Added a section related to rental payment to the landlord. This is necessary from a legal standpoint. I am unsure what the impact would be if Shorewood didn't provide the other four cities their $.20 cents on an annual basis. 5. Included language in the section related to Repairs, Maintenance and Alterations to require prior approval from the Landlord before undertaking any expansions or structural modifications to the building. 6. Revised the "Sublease" section so that it refers to the management of the center and Shorewood's right to contract or hire as appropriate without needing approval from landlord. 7. Clarified the Rental section so that it is clear Shorewood keeps 100% of all revenue generated by the center. 8. Change the right of inspection from 60 days to 90 days. There was some discussion regarding indemnification and using the language from the original agreement between the cities and the Friends. The Council needs to discuss and decide what level of liability they are willing to accept. The way we have the language crafted, each city is responsible for the acts of their employees, agents and/or contractors who may be working at the Center. Entities renting the center or hosting classes have indemnification and wavier of liability in the rental agreement. If the City of Shorewood has an "umbrella" type policy covering property, casualty, and general liability, there may not be a need for the indemnification language; furthermore, if a member city is renting the facility, the rental agreement stipulates that they have liability for the activities. Council Action: I have also attached comments by the City of Deephaven, Tonka Say, and Greenwood. Most of the comments and suggestions are in the draft agreement. There are a few areas that may not be applicable and therefore are not addressed. The Cooperative Agreement indicates that a "City directed change in operations" only requires a simple majority of owners to approve. This agreement seems to fall under this and thus approval by three of the five cities is required for Shorewood to move forward as Tenant and operator of the Center. Options 1. Approve the draft agreement as it is written and forward to the other cities with a recommendation they approve as drafted. 2. Consider additional revisions based on other city comments and discussion, approve based on the revisions, and forward to other cities for approval as drafted. 3. Revise draft if necessary and send to other cities for consideration and final revision before taking final action. 4. Take no action. Staff Recommendation The cities have a deadline for action of June 30, 2009 so there is a need for some type of action. Staff recommends Council review the draft and makes any revisions they see fit based on the discussion and comments; following approval, direct staff to forward a clean copy of the lease as approved by Shorewood to the other Cities with a letter requesting approval of the document as drafted. AGREEMENT FOR THE LEASE Formatted: Left: 1", Right: 1", Different first l page header AND OPERATION OF THE SOUTHSHORE COMMUNITY CENTER THIS LEASE AND OPERATION AGREEMENT, is made this _ day of_-_ , July,_2009, between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood, and the City of Tonka Bay (the "Cities" or "Landlord"), operating that ^ tx Cooperative Agree+e+at fame Seizithsheie Con er") dated March 4, 1996, as may-be amended, hereiRafteF ollecti ely ^f^ ed to aiadl r~ " and the City of Shorewood, he ^fte ^f^ e t^ r 1"Tenant"L or "8pe"ar". RECITALS WHEREAS. the Cities desire to provide a Center for use by senior citizens for education, cultural participation, socializing, recreation, arts, crafts, music and similar programs of enrichment; and WHEREAS, the Cities desire that the Landlord undertake its best efforts to make the Center widely available to all citizens and residents; and WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of senior citizens; and WHEREAS, the Cities desire to provide a facility to be used by citizens for municipal use, community organizations, meetings, banquets, receptions, reunions and similar public and private activities; and WHEREAS, the Cities agree that it is to their mutual benefit that Tenant operate the Center consistent with the terms of this Lease for the purpose of providing the most efficient service to the public and avoiding future conflict regarding the Center's operation; and WHEREAS, the Cities desire to eambiRe theiF FeseuFces to ensure the development, nstr etien,-and completion of the-Qqter-. NOW, THEREFORE, the parties do hereby agree and covenant as set forth below: IN CONSIDERATION OF the mutual covenants and promises as hereinafter set forth, the parties agree as follows: 1. Premises. Landlord hereby leases to Tenant and Tenant takes from Landlord, subject to the terms and conditions of this Lease, a building and land situated at 5735 Country Club Road, containing approximately 26,000 square feet of space and legally described on Exhibit A attached hereto ("Premises"), together with a permanent easement for the non-exclusive use of forty-seven (47) parking stalls, entrances, restrooms and exits adjacent to the Premises., land hereinafter referred to as the "PropeFty." 2. Term. The term of this Lease shall commence on July 1-, 2009 and shall terminate on December 31, 2012. The term of this 41-ease shall renew for successive three year terms unless the Tenant or Landlord provides written notice in accordance with Section 3 of this agreement. Formatted: Font: Times New Roman, 8 pt Formatted; Font: Times New Roman, 8 pt 152763,1 N1 S1123i ~ 3"f 2+-Ei2,u g72s2.q.,.{ i r', - 45 . {Tye the-doFUta~er}~t+t-le; 3. Termination. The LandleFd 9F the Tenant may terminate thiselLease at any time for any reason upon 901-N days written notice to the Landlord. Landlord may terminate this Lease upon 90 davs written notice to Tenant only in the event of default by Tenant as described in paragraph 13he 4. Nature of Occupancy. Tenant shall use the Premises for use by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall shallff~av also be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. 4.5. Rent. The Tenant agrees to pay the Landlord as rent for the Premises the amount of~ - ! F amro iced: Bullets and Numbering - one and 00/100 dollars ($1.00U) per year during the term of this lease agreement., Formatted: Font: Calibri, 11 pt -5 6. Utilities. The Tenant shall pay all the charges for all public utility services rendered or furnished to the Premises, including, but not limited to, heat, air conditioning, water, gas, electricity and sewer, garbage or waste removal, telephone and any other expenses arising out of or incidental to the use and occupancy of the Premises. 6-.7. Insurance. The Tenant shall keep and hold property, and casualty and general liability insurance naming the Landlord as an additional insured, subject to any in an amewnt and under the limits specified under Minnesota State 64w-.Statute Chapter 466. 6:8. Repairs, Maintenance, and Alterations. Tenant agrees to maintain the Premises in good order, condition and repair during the term of this Lease, including plowing and maintenance of the parking area referred to in Paragraph 1 above. Tenant shall repair or replace at its own expense any improvement or part thereof on the Premises necessary to so maintain it, and to return the Premises at the end of the term of this Lease in the same condition as it was received, reasonable wear and tear, casualty losses and acts of God excepted. Any improvements, expansion or structural modifications made by the Tenants to the Premises shall become the property of the Landlord at the termination of the Lease. Tenant shall obtain written approval from 2 3rds of the Landlord before undertaking and expansion or structural modification of the Premises,. 6.9. Compliance with Laws and Regulations. In its operation of the Center, Tenant shall comply with all statutes, ordinances, rules, orders, regulations and requirements of all federal, state, city and local governments and their agencies. 6:10. Signs. Tenant shall have the right to install and maintain signs advertising Tenant's business, provided the signs conform to law and to the requirements of all appropriate governmental authorities., 11. Management of Center. Tenant mav, at its sole discretion, s rfalease seN- assigF} ~a tFansfeF any part of ites intrestf lFi tth'slease or 'tr fn6'v, at its role disc nM n 1 1 y'Po~, a u ~'c. crtln- su~#^,'^ ^r~ss+g~ar~re~t-edits-i+~te+es~T~~ata~ha{t-r-ernain-I+ahle-en-~li-its-e~ligatic~n3-hcretrt~d~rr-i+nkess e ress~d tkrer €i~ratten ne ice-o Fit-Linidlor-d-erite r into an agreernent with a contractor of its choosing or hire staff as Tenant deems reasonable for the operation and management of the Center, furthermore the Tenant may enter into long--term rental agreements and partnerships as it deems appropriate and in keeping with the intended use of the Center as provided for in Section 4 above r 7F3v1 MDT4H236 F5;5?76I i- 1342545 Formatted: Font: Calibri, 11 pt Formatted: Font: Times New Roman, 8 pt Formatted: Font: Times New Roman, 8 pt {4ype +d decurn e-Rt #V(4 12 Rental Fees Tenant in its sole discretion may determine and Fevise, if neee5sai ry l Formatted: Font: Underline rental rates and any other fees or costs associated with use and rental of the Center. Tenant shall {Formatted: Font: Underline retain all revenue generated through the operation of the Center.74y-t#iF~es. Formatted: Font: Calibri, it pt 18:13. Destruction of Premises. Tenant shall give immediate notice to Landlord of any damage to or destruction of the Premises. 10-:14. Default. The following shall 4^°" be deerneel constitute a default by tTenant and breach of this ILease: (a) Failure to perform the all ether terms, covenants and conditions of this Lease reg4k-B4 + " i4ermed by T^^,^+ within ten (10) days after notice of breach and request for performance is given by Landlord. R~)The RhaRdORME-nt of the Premises by TenaRt, the adjudication of Tenant as a bankrupt, ! Formatted: Indent: Left: 0.5", No bullets or numbering _ Formatted: Bullets and Numbering 1 bankruptey for the propeFty of Tenant, 9F the appointment of a temporary rmeiver which is n&t var.ated er set aside withiR sixty (60) days 49n; the date of such appeiRtment. {c4(b) Failure of the Tenant to use the Premises as provided in Paragraph 43. i3 -14. Termination fn~ DefaLilt, lR the event of default by Tenant, Landlord Formatted: Indent: First line: 0.5", No j - the Fight to eanepl and terminatp this I Past, WithAs It n9tiPR aRd to institute appFeoate pl~eGeedings te bullets or numbering Feeeyei; pessessien ef the PreFAises. This Fight iS iR additi9141 tG @Rd eumulative Of aRy Other Fight eF rernedy Landlord may be given undeF this Lease or by applicable law. LandleFid may-Fecover possessiGn ef the Picem;ses without terminating this Lease. Failure or Fefusal of Landkwd to tel,minate thig 1 P211- h, the- event nf default shall not Ige deemed to l3e a waiveF ef its Fight ta teFFAinate this Lease at aoy-#rpe 1-3 Indemnification. T" T + ^ ` to indemnify eF about, ar its activities upen eF OGGUPaRGY of-, the Premises duFing the teFm ef this Lease, and i further iRE401TInify and save the E)theF party haFmIess against aRd from any aRd all claims aFiSiRg fFE)M any-bKea^~.'+-ee-th^ ~-'~-~^f.~-~"~ e-pe~#er-manse-ef--a+iy-eevee;ant-e~ agreement an the paFt of such indemnifying party te be peFfbFmed pursuaRt to the terms E), this Lease, oecuFriRg during the term ef this Lease, in or abeut the Premises, or upon or binder thp ~idewalk~ a the land adj@Gent therete, and frGm and agaiRst all costs, reasonable and necessary counsel fee&7 Subject to the limits in Minnesota Statutes Chapter 466, Tenant and Landlord agree to be responsible for any loss, damage, cost expense (including attorneys' fees) liability, or claims for personal injury or property damage incurred or occurring in on or about the Premises caused by their respective employees agents, or Formatted: Bullets and Numbering Formatted: Font: Calibri, 11 pt Formatted: Font: Times New Roman, 8 pt Formatted: Font: Times New Roman, 8 pt r.7_763c1 PAEL_ SH2 0 4 -,S-_7(2~i N17)' repres~e~n+tatives AM, II is-suk~TTrte-tk~e-Irn + + f ~r an• + r~ 44-15. Quiet Enioyment. Landlord covenants that Tenant, upon payment of rent and aver and upon performance by Tenant of the terms, conditions and covenants of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the entire term of this Lease; Landlord further covenants that it has good right to make this Lease for its entire term. 316. Right of Inspection. Landlord shall at all times have the right to enter upon the Premises to inspect its condition, and at its election, to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require Landlord to make such repairs, and Landlord shall not be liable to Tenant, or any other person or persons, for failure or delay in making said repairs, or for damages or injury to person or property caused in or by the making t of such repairs, or the doing of such work. Landlord shall have the right during the last sixty {bflnnety 90) days of the term of this Lease to advertise the Premises for rent and to place and maintain on the Premises the usual notices and to show the Premises to prospective tenants. 34:17. Notices. All written notices required shall be given by certified mail to the parties at the addresses stated below: If to Landlord: City Administrator City of Deephaven 20225 Cottagewood Road Excelsior, MN 55331 City Manager City of Excelsior 339 Third Street Excelsior, MN 55331 City Administrator City of Greenwood 20225 Cottagewood Road Excelsior, MN 55331 City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 City Administrator City of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 i-CG Fo- 3 rct4~iga-54wl MDT b{t)TS ~:i37r3 1 NSDT tiH) L E+i1 F Formatted: Font: (Default) Calitin, 11 pt Formatted: Font: Times New Roman, 8 pt I Formatted: Font: Times New Roman, 8 pt {hype-tl-i a;~~^r~~ti~] ,If to Tenant: City Administrator Formatted: Font: (Default) Calibri, 11 pt Formatted: Font: (Default) Calibri, 11 pt City of Shorewood -Formatted. Font: (Default) Calibri, 11 pt ,5755 Country Club Road Formatted-. Font: (Default) Calibri, 11 pt Shorewood, MN 55331 l Formatted: Font: (Default) Calibri, 11 pt W4th--CCto.---....__.. -City- of-Shorewood0ty-Attomey 318. Binding Effect. Except to the extent otherwise provided herein, this Lease and the terms, - CFormatted: Bullets and Numbering conditions and covenants contained herein shall be binding upon and inure to the benefit of Landlord and Tenant, and their respective successors, heirs and legal representatives and assigns. 4S719. Governing Law. This Lease shall be construed under and governed by the laws of the State of Minnesota 4-9:20. Severability. In the event any provision of this Lease shall be found invalid or unenforceable, that provision shall be severed from this Lease, and the remaining portions hereof shall continue in full force and effect pursuant to their terms. 2&21. Entire Agreement. This Lease contains the entire agreement between the parties, and any amendment hereafter made shall be ineffective to alter, modify or discharge any provision hereof unless the amendment is in writing and signed by the party against whom enforcement is sought. 24-.22. Tenant Improvements. Any improvements made by Tenant to the Premises, except trade fixtures, shall become the property of Landlord at Landlord's option at the termination of the Lease. If Landlord does not choose to own said improvements at the termination of the Lease, Tenant shall remove said improvements at Tenant's sole cost and expense and return the Premises to the same condition it was received, normal wear and tear and acts of.God_excepted.: 23 Action by Landlord APN-action authorized by "Landlord" under paragraphs 2 3 10 or 16- Formatted: Normal, Justified, Line spacing: of this Lease may only be taken if ' valid if tr ^efour of the five Cities provide written approval of single suchthe action by their respective city councils. 22-24. Headings. The headings used in this Lease are for convenience only and shall not have Formatted: Bullets and Numbering any bearing or meaning with respect to the content or context of this instrument. IN WITNESS WHEREOF, Landlord and Tenant have respectively signed this Lease as of the date Formatted: Font: Times New Roman, 8 pt first above written. (Formatted: Font: Times New Roman, 8 pt Dated: {hype the deca er~t t+tle}. CITY OF DEEPHAVEN By: Its: City (Clerk) Administrator By: Dated: Its: Mayor CITY OF EXCELSIOR gy; Formatted: Font: (Default) Calibre 11 pt Dated: Its: City Manager Formatted: Font: (Default) Calibn 11 pt I l Formatted: Font: (Default) Calibri, 11 pt Dated: Bv' - Its: Mayor Formatted Font: (Default) Calibre 11 pt - . - Formatted: Font: (Default) Calibri, 11 pt l Formatted: Font: (Default) Calibri, 11 pt j CITY OF GREENWOOD - - gy; Formatted: Font: (Default) Calibri, 11 pt Dated: Its: City (Clerk) Administrator Formatted: Font: (Default) Calibri, 11 pt j Formatted: Font: (Default) Calibri, 11 pt By Formatted Font: (Default) Calibn it pt j Dated: Its: Mayor 1 Formatted Font: (Default) Calibn 11 pt l Formatted: Font: (Default) Calibri, 11 pt LFormatted: Font: (Default) Calibri, 11 pt CITY OF SHOREWOOD gy; Formatted: Font: (Default) Calibri, 11 pt Dated: Its: City (Clerk) Administrator Formatted Font (Default) Calibn 11 pt Formatted: Font. (Default) Calibri, 11 pt __j Formatted: Font: (Default) Calibri, 11 pt By: Dated: Its: Mayor ` Formatted: Font: (Default) Calibri, 11 pt Formatted: Font: (Default) Calibri, 11 pt Formatted: Font: (Default) Calibri, 11 pt ,CITY OF TONKA BAY Formatted: Font: (Default) Calibri, 11 pt By: Formatted Font (Default) Calibn 11 pt Dated: Its: City (Clerk) Administrator (Formatted Font (Default) Calibn 11 pt Formatted Font. Times New Roman, 8 pt Formatted: Font: Times New Roman, 8 pt j ' S t~37ri3ro)'vIDT hH2.'G .i - 4 fTyf }e d eum-eat tit c4 Formatted: Font: Default Calibri, 11 t By: Dated: Its: Mayor Formatted: Font: (Default) Calibri, 11 pt J Formatted: Font: (Default) Calibn 11 pt TENANT:Formatted Font: (Default) Calibri, 11 pt City of Shorewood For Font (Default) Calibri, 11 pt By: Its: Mayor By: (Formatted: Font: (Default) Calibri, 11 pt- Its Administrator Formatted: Font: Times New Roman, 8 pt Formatted: Font: Times New Roman, 8 pt 25263v1 FtDTRH230t,- _ I') , a L ~ , -.'ICES Established 1948 MARK W. KELLY WILLIAM F. KELLY (1922-1995) MEMORANDUM T Greenwood City Council embers FROM: Mark Kelly, Greenwood City Attorney T : June 0 RE: utlvh h r Center '.aaa recommended' edits (952) 474-5977 FAX 474-9575 1. Rent. To be legally competent all agreements need a statement of consideration paid. A Rent paragraph must be added to the Lease stating the rent to be paid by Shorewood to the Landlord, for example, "In consideration for the lease and possession of the Premises, Tenant shall pay rent to Landlord in the amount of One and no/100ths Dollars ($1.00) per year. The first annual rent payment shall be due and payable on the first day of July, 2009 and a like amount on the first day of each July thereafter until the lease is terminated." 2. Recitals. The Recitals ("Whereas" clauses) state best the intent and understanding of the parties. They should be incorporated into the agreement by addition of a paragraph referencing their adoption and incorporation into the agreement. Doing so allows paragraph 4 Nature of Occupancy to be restated to state: "4. Permitted Use. The Tenant may use and operate the Premises only for purposes conforming with the stated uses and intent of the Parties as set forth in the foregoing Recitals. " Premises. The definition of Premises must be expanded to reference "all personal property, (inventory, equipment, and fixtures within or associated with the use and operation of the Premises) transferred to the care and control of Tenant by Landlord in conjunction with this Lease. " 4. Nature of Occupancy. The language of the Recitals potentially conflicts with this paragraph. For that reason Paragraph 4 should be edited to conform to the Recitals per the above comments. 351 SECOND STREET EXCELSIOR, MINNESOTA 55331 5. Utilities. This paragraph should read: "Tenant shall pay, at its sole expense and without right of contribution from Landlord, the cost of all utilities associated with the use, occupancy, and operation of the Premises during the Lease term and its extensions, including but not limited to, gas, electric, water, sewer, refuse collection and recycling fees, telecommunication charges or other utility or government service charges incurred. " 6. Insurance. This paragraph should read: "Tenant shall, at its sole expense and without right of contribution from Landlord, purchase and maintain insurance on the Premises, the building, and all alterations, improvements or additions thereto and on the personal property contents therein or entrusted to Tenant hereunder. Coverage shall be in an amount equal to its full insurable replacement value. Landlord shall be named as an additional insured on all such policies. " 7. Repairs, Maintenance, and Alterations. In the second sentence should be amended to read: "Tenant shall repair or replace at its own expense any improvement upon the leased Premises including the fixtures and equipment therein, the roof, siding, and all heating ventilation and air conditioning systems and equipment serving the Premises necessary to so maintain it and return the Premises at the end of the term of the lease in the same condition as it was received, less reasonable wear and tear. " An additional sentence should be added after the second sentence as follows: "With exception of the foregoing repairs and replacements, Tenant shall make no structural alterations or improvement to the Premises without the prior written consent of Landlord, provided that nothing shall prevent Tenant from making non- structural improvements to the Premises as Tenant deems necessary to implement the intent of this agreement. " 8. Sublease. The provision for assignment and subleasing is necessary and appropriate. The inclusion of the word "sale" herein seems inappropriate. 9. Rental Fees. The following clause should be added at the end of this sentence:... "at such rates deemed reasonable and necessary to the continuing success and financial stability of the intended use of the Premises as set forth herein. " 10. Action by Landlord. This paragraph requires a 4/5ths vote of the cities to cancel the auto-renewal, terminate, declare a default, or inspect the Premises. Given Par. 14. Indemnification, no such vote should be pre-requisite to an inspection. Inclusion of the requisite vote needed by the cities to exercise powers under the lease serves to suggest an amendment of that agreement is being made. Such a suggestion is misplaced. If anything should be stated, it would be that Shorewood will recuse itself on all votes by the cities under the cooperative agreement on matters relating to paragraph 2, 3, 13, or 16 of the Lease. r Hi Brian, Below are the suggestions from our attorney Jim Penberthy. Many are similar to those shared this morning by other cities. Lease Agreement • Section 2 dictates automatic renewals and page 5 of the Cooperative Agreement states Shorewood needs to express an option or is not expressing automatic renewals. Can we get these two to be consistent? • Rent: Without a rent of at least $1 per year there is no legal "consideration". Consider adding a section after 4, stating something like "5. Rent. Tenant shall pay rent of $1 per year and other good and valuable consideration." • Section 11 should include a sentence to clarify Shorewood retains any profits and losses. • Section 17 remove attorney cc as discussed this morning. Cooperative Agreement Section 6, last sentence on page 2, states "Withdrawal from this Agreement will not result in the forfeiture of the withdrawing City's undivided ownership interest in the Center but the withdrawing City's share of the costs incurred...." Is now a good opportunity to define "costs"? These could be operating loss/profit, capital expenses or sale expenses. It's not very clear. Section 7, last sentence (b), states "City directed changes in the operation of the Center..." Should it say "Cities directed changes..." since "City" is not defined in this paragraph and "Cities" is defined as all cities at the beginning of the document. Thank you, Jessica t.._ f- s Tonka Bay City Administrator 4901 Manitou Road Tonka Bay, MN 55331 952.474.7994 www. cityofton kabay. net CITE Ii - - - ~ EN S U S ItE LEASE R--COMMENDATIONS JUNE 1, 2009 The Council recommended the following revisions to the Lease Agreement: 1. Delete the word "senior" in the first paragraph under Recitals and under Section 4 in order to make it clear that the use of the facility is for all citizens and not just senior citizens. 2. Section 3. Termination should be amended to read: "The Tenant may terminate this Lease at any time for any reason upon 90 days written notice to the Landlord. Landlord may terminate this Lease upon 90 days written notice to Tenant a) in the event of default by Tenant as described in paragraph 13 or b) prior to the expiration of the initial term or any subsequent renewal term of this lease. 3. Section 7. Repairs, Maintenance, and Alterations should be amended by adding the following: "Landlord shall have no obligation to maintain the Premises or fund the operations of the Premises during the term of this Lease 4. Section 12. Destruction of Premises should be amended by using the following language in the original Lease Agreement: Destruction of Premises. "Tenant shall give immediate notice to Landlord of any damage to or destruction of the Premises. If the Premises are either totally or partially destroyed by fire or other casualty, the Lease shall terminate unless otherwise agreed to in writing by Landlord. " 5. Section 13. Indemnification should be amended as follows: "Subject to the limits in Minnesota Statutes Chapter 466, the Tenant agrees to indemnify and save harmless the Landlord from any and all claims by and on behalf of any persons, firms or corporations, arising fi°om the conduct or management of, from any work or thing whatsoever done by or on behalf of the indemnifying party in or about, or its activities upon or occupancy of, the Premises during the term of this Lease, and will further indemnify and save the other party harmless against and from any and all claims arising f om any breach or default on the part of the indemnifying party in the performance of any covenant or agreement on the part of such indemnifying party to be performed pursuant to the terms of this Lease, or from any violation or failure to comply with any law, ordinance or regulation, or from any act or negligence of such party, or any of its agents, contractors, servants, employees, licensees, or invitees or arising from any accident, injury or damage whatsoever caused to any person, fur or corporation, occurring during the term of this Lease, in or about the Premises, or upon or under the sidewalks and the land adjacent thereto, and from and against all costs, reasonable and necessary counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the one party by reason of any such claim, the indemnifying party upon notice from the indemnified parry covenants to contest or defend such action or proceeding by counsel reasonably satisfactory to the indemnified party". 6. Section 23. Action by Landlord should be amended by requiring "three out of the five Cities provide written approval of such action by their respective city councils. " 7. Additional Section. Rent. "Tenant agrees to pay to Landlord as rent for the Premises a yearly rental of One and 00/100 Dollars ($1.00), which rental shall be payable in advance on the Commencement Date and each anniversary of the Commencement Date during the teen of this Lease. "