Loading...
062209 CC Reg AgPCITY OF SHORE WOO CITY COUNCIL REGULAR MEETING MONDAY, NE 22, 2009 P¢ `+d"'9~7~aTr -a> rrzr'z 0A 7:0° P.M. AGENDA Attachments Estimated Estimated Start B. Review Agenda 2. APPROVAL OF MINUTES 5 minutes 7:00 p.m. A. City Council Work Session Minutes, 6/8/09 Minutes B. City Council Regular Meeting minutes, 6/8/09 Minutes 3. CONSENT AGENDA - Motion to approve items on 5 minutes 7:05 p.m. 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. Recycling Services RFP Administrator's memorandum C. Accept Proposal for Professional Services for Engineer's Bridge Inspection memorandum D. Motion Establishing May 22, 2010 as Spring Staff Cleanup Day. memorandum E. Investment Committee Report Finance Director's memorandum 4. MATTERS FROM THE FLOOR (No Council 10 minutes 7:10 p.m. action will be taken) CITY COUNCIL LAP MEETIN -JUNE: Page 2 o 2 5. PORTS AND PRESENTATIONS 6. PUBLIC HEARING A. Harding Lane and Harding Road Engineers 45 minutes 7:20 p.m. Reconstruction memorandum & resolution 7. PARKS - Report by Representative 8. PLANNING - Report by Representative A. Zoning Ordinance Amendment Regarding Planning 10 minutes 8:05 p.m. Parking Requirements Director's memorandum, Ordinance B. Approve Publication of Summary Ordinance Planning 5 minutes 8:15p.m. Amendment Regarding Parking Requirements Director's Resolution 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. City Hall Landscaping Planning 10 minutes 8:20 p.m. Director's memorandum B. Southshore Center - CRR Agreement Administrator's 10 minutes 8:30 p.m. memorandum C. Council Procedures and Policies Administrator's 10 minutes 8:40p.m. memorandum D. Social Host Ordinance Administrator's 5 minutes 8:50p.m. memorandum E. Fire Department Budget Administrator's 10 minutes 8:55 p.m. memorandum F. SLMPD 2009 Financial Status and 2010 10 minutes 9:05 p.m. Budget overview 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 5 minutes 9:15 p.m. B. Mayor and City Council 5 minutes 9:20p.m. 12. ADJOURN 1 minute 9:25 p.m. ITV s f 5755 COUNTRY CLOD. LOAD ® SHOF. EWOOD, MINNESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0128 a www.d.shorewood.mn.us ® cityha1I@d.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 22 June, 2009 Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda item #3B: Authorization to issue an RFP for recycling services. Agenda Item #3C: WSB and Associates, Inc. submitted a proposal for Bridge Inspection Services for the Shady Island Bridge. The bridge requires inspection on a biennial basis per Minnesota Rule 8810.9400. Staff recommends approval of the proposal. Agenda Item #31): Establish May 22, 2010 for the annual Spring clean-up. Agenda Item #3E: Report from Finance Director. Agenda Item #6A: As special assessments are being considered for part of the Harding Lane and Avenue improvement project (in this case, the installation of City water), a public hearing is required by statute. As the watermain portion of the improvement was initiated by the City, at least a four-fifths vote of the Council to approve ordering the improvement to include the proposed assessment is required. Agenda Item #8A: Update of ordinance regarding off-street parking. Agenda Item #813: The resolution to upgrade the new ordinance regarding off-street parking. Agenda Item #10A: Landscaping Quotes for City Hall. Agenda Item #108: Agreement for the management and operation of the SouthShore Community Center between the City of Shorewood and Community Rec. Resources. The Agreement and business plan have been reviewed by the Council member Zerby and Woodruff, and Mary Tietjen. Agenda Item #10C: Policy and procedures incorporates components from the Minnetonka document. Staff is looking for additional direction and feedback. %*11 PRINTED ON RECYCLED PAPER r2 City C_ - 22, 2009 Agenda Item # I OD: The SLMPD Coordinating Committee is requesting each member community consider the adoption of a social host ordinance. This is for initial review and discussion on the efficacy of such an ordinance and direction as to how to proceed. Agenda Item #I OE: The EFD budge is presented for adoption by the Council as recommended by the EFD Coordinating Board. Agenda Item #I OF: Presented for information and discussion is the SLMPD first quarter financial statement, 2008 audit and preliminary budget. Chief Litsey will not be present for this discussion. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS :0 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Liz6e called the meeting to order at 6:03 P.M. A. Roll Call Present. Mayor Liz6e; Councilmembers Bailey (arrived at 6:45 P.M.), Turgeon, Woodruff and Zerby; Administrator Heck; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None B. Review Agenda Turgeon moved, Zerby seconded, approving the agenda as presented. Motion passed 4/0. 2. 2010 BUDGET CALENDAR AND KICK-OFF Director Burton stated this was the kickoff meeting for 2010 budget discussions. Council had been provided with the schedule for budget discussions, noting meetings would be held only if needed. The department heads have submitted their initial budgets to her and Administrator Heck, and they would have the initial budgets available for Council to discuss during its June 22°d budget work session. Burton explained cities with populations over 2,500 are subject to levy limits for 2009. The Pay2010 levy limit allows for up to a 3.9% inflationary increase or an Implicit Price Deflator (IPD) increase in the base levy over the 2009 base levy, which ever is less. The League of Minnesota Cities (LMC) first quarter data has the IPD at approximately 0.76%. Using the IPD, the City's anticipated allowable increase would be approximately $31,600. She noted the City's base levy increase for Pay2009 was $101,755, or 2.51% from 2008. She stated she anticipated the City would have "special levies" for debt service on bonds for the public safety facilities and for the City Hall renovation. These levies are in addition to the base levy. Administrator Heck stated if the City has a special levy for law enforcement costs, that levy is subtracted from the allowable base levy. Director Burton stated some of the General Fund reserves will be used to offset 2010 costs. The City has been receiving emails from other cities which indicate they will not have any wage increases in 2010. She anticipated the City would still budget some amount for merit increases. Councilmember Turgeon stated it is her understanding that the City will use the pay-for-performance system for administrating wage increases in 2010; the system of automatic inflationary increases will no longer be used. Administrator Heck concurred with Turgeon's statement. Turgeon commented that the City of Excelsior has frozen wages for its non-union and union personnel for 2010. Burton stated union contract wage increases will have to be discussed as part of contract negotiations this year. Heck stated Council will CITY _ sSIC TING ML. Mane E, Page 2 of have to discuss that when appropriate. Heck then stated lie was not anticipating across-the-board increases. Director Burton stated because the City has limited funds and limited taxing authority for 2010 Staff would appreciate it if Council would identify specific programs or goals they would like Staff to address. Administrator Heck stated it is his understanding that if the IPD goes lower than 0.0% the City would have to reduce its base levy by the IPD. The Minnesota Department of Revenue must notify those cities with levy limits by July 15'" what their levy limit will be. Once the Department of Revenue certifies the City's maximum base levy limit it won't be changed. Councilmember Woodruff suggested Staff prepare a first draft of the 2010 budget with a zero percent tax levy increase over the adopted 2009 budget, and then identify what cannot be done under that scenario. He recommended the budget provide for a contingency fund for Southshore Center operations and some amount of capital for repairs to the Center. He stated he understood that would mean there would have to be a reduction in other areas to offset that. He stated the budget should also provide for the same level of funding for roadways and parks as was done in 2009. Director Burton stated the City was in the position of being able to use General Fund reserves for budget purposes. Councilmember Woodruff stated the 2008 Comprehensive Annual Financial Report indicates there are funds remaining in the Waterford III Tax Increment Fund. He recommended using those funds. Administrator Heck explained those funds can only be spent for a purpose consistent with the City's tax increment financing (TIF) plan. Director Burton explained if the City can't find a way to use the funds consistent with its TIF plan, then the funds are returned to Hennepin County and the County would then distribute the funds to the taxing authority. The City would likely get one-fourth of the funds back. Woodruff suggested, if need be, a project can be moved forward on the schedule to allow the City to utilize those funds. Councilmember Zerby asked what the impact would be on the City's tax revenues from the declining property values. Director Burton stated the City tax base has decreased approximately 2% in value. Zerby then asked if that meant the City would receive 2% less from the State. Burton stated it would not. She explained the City establishes its levy and the levy is spread among the available taxing resources. She stated she would provide Council with a "Property Taxation 101" type document for its next budget work session; the document should help answer some of Council's questions. Councilmember Zerby asked what the impact is on the individual taxpayer. Administrator Heck sated that depends on the City's levy and the property's estimated value. Councilmember Zerby stated he thought calling a budget increase a 0.0% increase was somewhat of a misnomer. In order to achieve a 0.0%, increased inflationary costs will have to be absorbed and those increases will have to offset by reductions to other line items. Councilmember Woodruff stated he had encouraged the Park Commission make a prioritized list of projects, including estimated costs, it would like to have completed in 2010. Administrator Heck stated the Commission would do that during its June 9'1' meeting. Director Burton recapped what she heard Council's direction to be. Staff was to prepare a 2010 budget with a 0.0% increase over the 2009 adopted budget. If possible, the 2010 budget will provide contingency funds for Southshore Center operations and Center capital maintenance, and funds for roadways and CI' _ t NG MI June 8 Page 3 at €r parks consistent with the 2009 budget. Staff will research possible uses for the balance in the Waterford III Tax Increment Fund. Staff will prepare more detailed expense information for discussion during the June 22" d budget work session. Administrator Heck stated Staff was considering establishing a separate fund for the Southshore Center. Councilmember Woodruff assumed that would mean that funds would be transferred out of the General Fund to a Southshore Center Fund. Mayor Lizee stated it may be appropriate to include that in the Parks & Recreation budget. She thought doing so would put the City in a better place to try and receive grant funding in the future. Administrator Heck asked Council what type of budget information it wanted Staff to prepare for discussion. Councilmember Zerby stated he wanted information that would easily indicate where the largest impacts would be; it could help expedite budget discussions. Councilmember Woodruff stated the financial exhibits prepared for the 2009 budget discussions were good for the most part. He commented that accurate labor distribution and capital outlay information would be beneficial to have early in the process. Director Burton explained the first draft of the 2010 budget will be based on the 2009 adopted budget, and her initial focus on the early budget drafts is on the numbers. The department ]leads are to provide service indicator information and capital outlay descriptions. She stated labor distribution will be based on the first 5 - 6 months of 2009 actual information. Woodruff stated that because the General Fund Budget will be considered before the Enterprise Budgets, it's difficult to determine if the labor allocation in the General Fund is correct or if there has been a change to it. Director Burton suggested Council discuss the very preliminary and unadjusted 2009 Year-to-Date General Fund Monthly Budget Report through May 20009, noting the City received its May bank statement that day. She stated in general the 2009 General Fund Budget is on target. Burton stated the City is experiencing some revenue shortfalls. Year-to-date revenues for licenses and permits are $68,784. Of that $56,580 is for building permits and that is approximately 31% of the 2009 budget. Building permit revenue for the same period in 2008 was $103,000 or approximately 51%. Permit revenues are an area where the City could have a shortfall. Councilmember Woodruff stated 20% of the 2008 budget for permit revenue was achieved in the first quarter of 2008 and 35% in the second quarter. He questioned what the 2009 year-end result would be if one assumes the same percent numbers are applicable to 2009. Burton explained it was anticipated that tine City would have received 53% of the total budgeted revenues from permits by this time; the 31% through May is significantly down from that. Woodruff questioned how the budget will be adjusted to compensate for that. Burton explained that revenues from fines and forfeitures were on target. Councilmember Woodruff stated the budget reflects the City is significantly overachieving on miscellaneous revenues. He questioned if that was sustainable. Director Burton stated she would research what revenues have been included in that; it may include revenues from Southshore Center rentals. She said some of the miscellaneous revenues may not be classified correctly. Burton stated operating expenditures to date were on target. Most departments expenditures are on target at 41.67% (or 5/12) of the budget. Professional services year-to-date are higher than expected. She explained the City has already paid 50% of the cost for the assessor. Legal fees have been higher than anticipated; some of the costs are related to the issue of the Southshore Center. There was also a settlement for Ron Johnson. The expenditures for Parks and Recreation are somewhat higher than anticipated. Some of that is the reallocation of resources to Parks and Recreation to cover the costs of the contract with Community Rec Resources for park coordinator services. Heck stated the Stormwater Management and Sanitary Sewer Enterprise Funds as well as Engineering should reflect a small savings CITE' OF F1 June 8, 2009 Page 4 of 6 to offset this increase. Heck noted the reallocation of costs budgeted for the engineering technician position for 2009 are not reflected in the 2009 budget, Director Burton stated the year-to-date total operating expenditures are 40.18% of the total 2009 operating budget; the anticipated was 41.67%. Cotimcilmember Zerby stated he would eventually like the budget reports to be a 12-month rolling comparison. Councilmember Woodruff stated the 2009 year-to-date expenditures compared to 2008 same period expenditures are not out of line. Director Burton expressed her comfort with the 2009 expenditures being on target. Councilmember Woodruff stated year-to-date utility revenues in the Water Fund are $60,000 higher than for the same period in 2008. He questioned why. Director Burton explained there have been some connections to City water. Councilmember Turgeon commented she thought there were a number that occurred as part of the Wedgewood Drive project. Burton stated the City has also replaced the majority of the water meters with radio read meters; that may contribute to part of the increase. She stated she will research whether this type of increase can be sustained. Director Burton stated the Sanitary Sewer Fund Budget reflects a possible $300,000 transfer to the Stormwater Fund. Director Burton stated Councilmember Woodruff had asked if it was necessary to have a Shorewood Economic Development Authority meeting soon. She explained it usually meets the fourth Monday in July, and she anticipated the meeting would be scheduled for July 27`x'. Councilmember Bailey arrived at 6:45 P.M. 3. MISSION STATEMENT Administrator Heck stated Staff had met twice since the May 26, 2009, Council meeting to discuss a mission statement. This was done per the direction from Council. Staff has presented Council with four mission statements for their consideration and revision. The four staternents are as follows. 1. The City of Shorewood will serve the needs of current and future residents by providing a value in quality public services, personal and property protection, a healthy environment, attractive amenities, and a sense of community. The City will reflect community values in an effective, efficient and visionary manner. 2. The City of Shorewood will provide leadership in providing value in quality public services that meet the needs and interests of current and future residents and that ensure a healthy environment, attractive amenities, a sense of community, and reflect community values in an effective, efficient and visionary manner. 3. The City of Shorewood will provide current and future residents a value in quality public services, a healthy enviromment, a variety of attractive amenities, and will strive to reflect community values through effective, efficient and visionary leadership. CITY I a "-JITS June 8, 2049 Page 5 of G 4e The City of Shorewood will provide leadership by offering value in quality public services that improve the quality of life of current and future residents that ensure a healthy environment, provide attractive amenities, a sense of community, and reflect community values in an effective, efficient and visionary manner. Mayor Lizee stated she thought Statement 3 was the most concise. She suggested the words "current and future" and "a value in" be deleted from the statement as she did not think they were necessary. Councilmember Turgeon stated she thought words like "community values" would be difficult to defend as residents have different values. She suggested the mission statement only contain things the City can clearly explain. She stated residents have conveyed to her that they want to keep their property taxes low, they want to have their streets plowed, they want roads they can drive on, and the want to be provided with public safety services. She questioned what "sense of community" and "quality of life" mean, to which Councilmember Zerby responded they mean "property values". Turgeon suggested very subjective words be removed from the mission statement. Mayor Lizee stated in the City's Comprehensive Plan it states how the City values things such as trees, a natural environment, etc. Those types of things are community values. In Statement 3 quality public services include things like public safety, drivable roads, plowed roads, etc. Councilmember Turgeon suggested replacing the words "community values' with a reference to the Comp Plan. Administrator Heck stated things such as maintaining roads, maintaining the infrastructure, public safety, lower taxes, can be included under goals. They are how the City plans to achieve providing quality public services. Councilmember Turgeon questioned what a healthy environment meant. Administrator Heck stated the City would provide clean and safe drinking water, storm water management for ground water protection, traffic control, and so on. Heck then stated some words in the mission statement are subjective, but that is not an issue or unusual. Councilmember Woodruff stated community value is important. The residents of Shorewood have an image of the City, and they live in the City because of that. The mission statement should indicate the City wants to preserve and protect its environment. He thought it important to include the words "effective and efficient" in the mission statement; it applies to things such as public safety and public services. He also thought the statement "attractive amenities" was okay because it's possible to define actions that relate to that. Councilmember Zerby suggested the word "reflect" be changed to "promote" in Statement 3 Councilmember Woodruff stated the word "values" in Statement 3 could be made singular and that can apply to financial aspects. He thought maintaining roadways and infrastructure is a community value. He also thought Statements 3 and 4 were similar. He stated the mission statement could include "maintain and improve to meet the needs of residents to ensure Shorewood remains an attractive place to live". He thought when defining the goals Council should be able to define an action for each component of the mission statement. Mayor Lizee suggested Councilmembers provide Administrator Heck with their comments. TY O1 SI MEETING M1 U 2009 ge 6 of 6 4. ADJOURN Turgeon moved, Woodruff seconded, adjourning the City Council Fork Session of June 8, 2009, at 6:56 P.M. Motion }gassed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Liz6e, Mayor Brian Heck, City Administrator/Clerk 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:0 P.M. 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:06 P.M. A. Roll Call Present. Mayor Liz6e; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director Burton: Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Councilmember Woodruff requested Item 10.13, Administrative Citations for Traffic Violations be added to the agenda. Turgeon moved, Zerby seconded, approving the agenda amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, May 26, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of May 26, 2009, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, May 26, 2009 Zerby moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of May 26, 2009, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Liz6e reviewed the items on the Consent Agenda. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 09-032, "A Resolution Approving a Temporary 3.2 Percent `On-Sale' Malt Liquor License issued to the Excelsior Firefighter Relief Association." C. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach CI' ' L June 8, 2 Page 2 of 12 - -tINUTES D. Adopting SOLUTION NO. 09-033, "A Resolution Accepting Bid and Awarding Contract for the 2009 Bituminous ill, Overlays and Appurtenant Work for Forest Drive, Ferncroft Drive, Cajed Lane, Beverly rive and Stratford Place, City Project No. 09®04." E. Authorize Staff to notify Veolia of Intent to Request RFPs for Recycling Services Councilmember Woodruff stated the format for the verified claims was recently changed; this is the second time Council has been provided reports with the new format. One report is in check number order; another is in vendor name order. He would be satisfied with receiving the report in vendor number order only. He then stated the vendor order report contains department payroll information but the check number order report does not; he questioned why. Director Burton explained that staff provides council with a verified claims list in check number order. Staff thought that because the City had converted to a new financial system a while back that it would also worthwhile to provide Council with a report in vendor name order and another report which sorted by department within fund. With regard to payroll checks, she explained that all employees now use direct deposit; funds are electronically transferred to their accounts. Therefore, there are no check numbers to appear in the check number order report. She noted that in the interest of privacy for employees, Staff thought it prudent not to include all of the detailed information; that information is available for Council to come in and review at any time. Councilmember Woodruff stated there has been the occasional question about checks being written to temporary employees. Director Burton explained that no employee is hired without approval from Council. When the City still had its liquor operations there were more changes in employees. Councilmember Turgeon asked what the reimbursement to Mayor Lizee for $82.31 was for. Mayor Lizee explained it was for supplies and the cost of the Save the Lake Banquet. Director Burton noted that mayors are invited to attend the Save the Lake Banquet. Woodruff moved, Zerby seconded, approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. 2008 Audit Presentation by Andrew Berg, CPA, Abdo, Eick and Meyers, LLP Chair Lizee explained the City of Shorewood's 2008 Comprehensive Annual Financial Report (CAFR) had been prepared. Mr. Andrew Berg, CPA, with the independent CPA firm of Abdo, Eick & Meyers, LLP, would highlight the findings. Mr. Berg congratulated the City for receiving the Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for its CAFR for the fiscal year which ended December 31, 2007 (this was the sixteenth consecutive year that the City had received the Certificate). He anticipated the City would again receive the award for the fiscal year which ended December 31, 2008. CITY _ __,AR COUNCIL MEETIN . L _ES June Page of 12 Mr. Berg stated his fir issued a "clean" opinion on the financial statements; there were no findings in the audit. He noted there were no instances of non-compliance with Minnesota statutes. He said Staff was very cooperative in providing the auditors the information they needed. Mr. Berg provided a financial overview of the City's General Fund expenditures and revenues. He stated the City's General Fund balance has kept pace with the next year's budget over the last five years. The 2008 year-end balance was 68 percent of the 2009 budgeted expenses. His firm typically recommends reserves of 50 percent to satisfy cash flow needs. He commented the City adopted a General Fund Balance Policy in 2007 which had an objective of maintaining a General Fund balance of 55% - 60% of budgeted expenditures, and recommendations for use of the fund balance in excess of 60%. Mr. Berg explained revenues were under budget by $42,310 and expenditures were under budget by $28,910; expenditures exceeded revenues by $13,400 not including transfers. After transfers, the General Fund balance decreased $53,400 during 2008. Approximately 88.5% percent of the City's revenues and transfers in (for 2008, approximately $4.58 million out of $5.18 million) came from property taxes. Revenues from licenses and permits increased in 2004 - 2006, and decreased significantly since the end of 2006. Expenditures and transfers out have increased gradually over the last five years. Capital outlay tends to fluctuate based on projects done. With regard to Debt Service Funds, Mr. Berg stated the Waterford III Tax Increment Bonds had been paid in full, and the $11,900 balance in that fiend should be used for a purpose consistent with the City's tax increment financing plan. There are approximately $20.6 million of EDA Public Safety Facility bonds outstanding. He noted approximately $10 million of refunding bonds were issued during 2007; until the crossover refunding date both the old and new bonds will be reported on the financial statements. There were $1.31 million in Lease Revenue bonds issued in 2008 to finance the renovation of City Hall. With regard to Capital Projects Funds, he explained there was an increase of approximately $1.27 (to approximately $3.74 million) in the combined fund balances for all capital projects funds in 2008. The increase of approximate $626,410 in the City Hall Construction Fund was to due to the issuance of bonds in 2008. Mr. Berg then highlighted the Enterprise Funds (sewer, water, storm water management, recycling and liquor). With regard to Liquor Funds, he explained the City's liquor operations were sold in 2007. The Funds had combined assets of approximately $896,000 at the end of 2008. He recommended the City determine what should be done with the remaining Liquor Funds. Mr. Berg stated the Water Fund had slightly more than $3.774 million in cash and cash equivalents and $3.415 million in bonds payable. There has been a significant cash balance for the last three years. The operating margin decreased during the year primarily due to depreciation. There was a significant decrease in nonoperating revenues during the year. He recommended the City monitor operations to ensure rates are sufficient to cover operating expenses, debt service and future capital needs. Mr. Berg said the Sewer Fund balance at the end of the year was approximately $4.47 million (from approximately $4.37 at 2007 year-end). Fund revenues increased slightly over 2007 and expenses decreased by approximately $30,000. The operating margin showed a slight improvement primarily because of stable Metropolitan Council expenses. There was a significant decrease in nonoperating C1 - ,JL AR - v -MEETING MINUTES Rage e f revenues during the year. He recommended the City monitor operations to ensure rates are sufficient to cover operating expenses. Mr. Berg said there is an approximate balance of $96,800 in the recycling fund. There was a slight decrease in operating revenues and a slight increase in operating expenses during 2008. He recommended the City monitor operations to ensure rates are sufficient to cover operating expenses. With regard to the Stormwater Management Utility Fund, he explained there was an approximate balance of $450,000. Operating revenues increased in 2008 due to a rate increase in 2007. He stated Stormwater Management projects are expensive to do; therefore, he recommended the City continue to monitor the Fund to ensure there are sufficient fiords available for projects identified in the City's Capital Improvement Program. Mr. Berg stated the peer group used for the ratio analysis was expanded for 2008. He explained the debt- to-assets ratio increased to 45% from 44% during 2008. The debt-service-coverage ratio decreased to 96% from 130%. A ratio of 100% or more indicates a city was generating enough cash to cover its debt service expenses. The bonded-debt-per-capita ratio increased to $3,328 from $3,301 due to the lease revenue bonds issued for the City Hall renovation. The taxes-per-capita ratio increased to $602 from $581; the higher the amount the more reliant a city is on taxes to fund its operations. The capital assets percent decreased 2% for governmental activities and I% for business-type activities; a higher percentage indicates newer assets and a lower percentage indicates older assets which may need more repair and maintenance. Mr. Berg explained the City implemented the Governmental Accounting Standards Board (GASB) Statement No. 45 standards effective January 1, 2009. This deals with establishing standards for the measurement of other post employment benefits provided separate from a pension plan (such as post employment healthcare). Mr. Berg noted the City will have levy limits for the 2010 base levy. In response to a question from Councilmember Bailey, Mr. Berg stated although Director Burton closely monitors the cash flow in the Enterprise Funds he recommended the City pay close attention to the sources for paying the bonded debt. If the main source is operations, then it may be falling short in that capacity and the City should closely review its utility rates. Mayor Lizee thanked the Finance Department and the audit firm for their efforts. Turgeon moved, Woodruff seconded, Accepting the 2008 Comprehensive Annual Financial Report (CAFR). Motion passed 510. B. Tad Shaw - Report on Minnetonka Community Education Activities Tad Shaw stated he had been the City's representative on the Minnetonka Community Education (MCE) Advisory Council for over 20 years. MCE is a program that is basically run as a subsidiary of the Minnetonka School District. MCE provides early childhood family education programs, youth programs and adult programs. The list of programs provided is extensive. There were 27,684 people who participated in programs for the 2007 - 2008 program years. Those numbers are down somewhat for the 2008-2009 program year due to the economy. MCE Executive Director Litfin has been responsible for a couple of Minnetonka School District wide programs for children and the Tour de Tonka bicycle race was his idea. The old Deephaven High School, which is where MCE is located and a number of programs are conducted, is in the process of being remodeled. When completed, it will have one of the best conference rooms in the District. CITY OF---------, - - - - - - kR COUNCIL ML__ - - ANIITES June 8, 2009 Page 5 of 12 Mayor Lizee asked if MCE was still looking for volunteers for the Tour de Tonka event schedule for August 51i' to which Mr. Shaw replied yes. Lizee commented there are over 2,000 people registered for the event. C. Dick Woodruff - Report on Lake Minnetonka Conservation District Activities Councilmember Woodruff, the City's representative on the Lake Minnetonka Conservation District (LMCD), provided a report on recent LMCD activities. The highlights of the report are as follows. The LMCD's draft budget is a zero percent increase over 2009; it's been reviewed by the member cities and it will be considered for adoption during the LMCD Board meeting scheduled for June 10"'. The LMCD Board has held three strategic planning meetings to discuss its vision, mission, objectives and goals; a fourth meeting is scheduled for June l0d'. The aquatic invasive species (AIS) inspection program is in effect May through September. The LMCD's 2010 budget has allocated funds for the inspection program equal to the 2009 actual inspection level. The chemical treatment of Grays Bay occurred on June Is' and it occurred for Phelps Bay on June 2°d. The residents on Carman Bay were not willing to contribute to the treatment because they did think the treatment was effective enough, The LMCD will begin milfoil harvesting the week of June 8`": The LMCD Exotics Task Force meets quarterly and its next meeting is scheduled for June 12`x'; the Task Force will start working on a comprehensive AIS prevention plan. The LMCD newsletter was mailed out the week of June 15; it contained a number of good articles on the Minnesota Department of Natural Resources' AIS program and on the ramp inspection program. During June and July the LMCD Boardmembers will take tours of Lake Minnetonka to look at the success of the milfoil treatment. The LMCD will continue ordinance enforcement inspections, and issue a citation to violators who had been told they were in violation in previous years. The LMCD and the Army Corps of Engineers will assess the effectiveness of this year's chemical milfoil treatment; a report of the results will be prepared. Councilmember Zerby stated he has noticed that lights are missing on some of the buoys. Councilmember Woodruff stated if Zerby will let hirn know which ones, he will provide that information to the appropriate organization. Woodruff then stated he would research who is responsible for the maintenance of the buoys. Councilmember Zerby stated it's his understanding that the dam to Minnehaha Creek has been closed because of the low water level in Lake Minnetonka. He questioned how that is decided. Councilmember Woodruff stated the Minnehaha Creek Watershed District has procedures for determining when the damn will be closed 6. PUBLIC HEARING None. 7. PARKS No report was given. The next Park Commission meeting is scheduled for June 9, 2009. 8. PLANNING Director Nielsen reported on matters considered and actions taken at the June 2, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). He noted the Planning Commission did CITE ULAR COUNCIL MEETiNa__ J _ 4715 Jr PaF of 12 not recommend approval of the variance request frorn Mark Themig and Brad Heppner; the vote was split two-two. Councilme ber Zerby stated he was the Council Liaison for the Planning Commission meeting. He thought the property was very unique, and lie encouraged the Councilmembers to go and view the property before it considers the variance request during its June 22" d meeting. 9. ENGINEERING/PUBLIC WORDS None. 10. GENERAL/NE BUSINESS A. Council; Procedures and Policies Administrator Heck stated that over the last few months Councilmembers have raised questions regarding what, if any, policies and procedures the City has regarding the conduct of Council meetings, the structure of debate during the meetings, recognition of those who want to speak during meetings, etc. The binder titled City Policies only contains a copy of State Statute regarding Council meetings but noting else. Based on information he collected from the League of Minnesota Cities (LMC) and other cities, he created a draft document on policies and procedures for Council to consider regarding operating rules for Council meetings. He explained he had spoken with Desyl Peterson, Minnetonka City Attorney about their policies and procedures for council meetings. They are based on policies and procedures developed by the University of Virginia which are different from Roberts Rule of Order. He asked for Council feedback. Mayor Lizee stated she would like to have the opportunity to review what Minnetonka has adopted, noting the City has not adopted Roberts Rules of Order for governing meetings. Councilmember Bailey stated he could endorse what Administrator Heck has drafted. He thought there is a need for formal meeting policies and procedures. He expressed openness to considering what Minnetonka has adopted. Councilmember Zerby stated early in the year he questioned what the meeting rules were. He explained that many cities adopt meeting policies and procedures at the beginning of the year. He expressed a desire to review Minnetonka's. He commented he does not know what the difference is between parliamentary procedure and Roberts Rules of Order. Councilmember Woodruff stated he would like to review Minnetonka's before committing to using Roberts Rules of Order. He requested training on Roberts Rules of Order should Council chose to adopt that as its policies and procedures for meetings. Administrator Heck stated he will provide Council with a copy of Minnetonka's policies and procedures for council meetings. B. Art on the Walls Program Kristi Anderson, with Community Rec Resources and the City's Parks Coordinator, stated the City Hall Open House is scheduled for June 15`x'. There is interest in featuring the artwork of local artisans on a rotating basis to give the artisans added exposure as well as fill the City Hall with varying styles of art on an ongoing basis. Staff requests Council support creating an Art Committee and accept Staff's proposed Art on the Walls program including selecting artwork for display. CITY F SH Jk,AR C0UNv_r.. - TING MINUTES June 8, 2009 Page 7 of 12 Mayor Lizee thanked Ms. Anderson for her efforts. She recommended Council establish the Art Committee and accept the proposal. She would like to have some artwork in City Hail before the open house. She asked Ms. Anderson to consider what budget would be needed for various types of displays. Councilmember Turgeon stated when there was a similar program at the Southshore Center artisans were responsible for display materials. Councilmember Turgeon expressed concern about damaging the newly painted walls in City Hail. She stated artisans who displayed their work at the Southshore Center wanted to display it according to their preference which at times was not best for the physical impact on the Center. A certain type of strip was used to help hang art at the Center, but that was possible because of the false ceilings in the Center. She thought the program would be great. Councilmember Woodruff suggested Public Works staff supervise the hanging of any artwork on the walls. He recommended that if someone wanted to purchase a piece of artwork that it could not be removed from City Hall until its time period for display had expired. He thought a rotation policy should be developed. He suggested artwork only be displayed in public areas. Ms. Anderson stated the premise is art will only be displayed in the public areas. She also clarified that the City will not charge any commission for displayed art being sold. Attorney Tietjen stated the program description states that "Only appropriate artwork that meets general community standards will be displayed." She suggested it be changed to say "The Art Committee will select artwork for display". She also suggested that the waiver be changed to say "any and all claims". Councilmember Zerby questioned if it is necessary to form an Art Committee; he wondered if an ad hoc committee be sufficient. Mayor Lizde stated she would like to be the Council representative on the Art Committee. There was Council consensus to endorse: creating an Art Committee consisting of one City Councilmember, one City Staff representative, two adult representatives, and one youth representative; accepting the proposal for an Art on the Walls program; and directing the Art Committee to begin the process of selecting artwork for display at City Hall. C. Southshore Center Administrator Heck stated representatives of the five member cities (the Cities) met on June 3, 2009, to discuss and comment on the City's proposal to serve as the tenant and operator of the Southshore Center (the Center) on behalf of the Cities. During its May 26`' meeting Council directed Staff to modify the lease agreement that had existed between the Friends of the Southshore Center (the Friends) and the Cities such that the Shorewood would become the tenant in the lease agreement. A copy of the modified lease had been distributed to all the Cities councils on June ls`. It was discussed during the June 3rd group meeting. Greenwood Councilmember Paige stated he had some changes he wanted to discuss during the June 3`d meeting. Late in the day on June 01 the Cities received some recommended edits from Greenwood's legal counsel; the list of recommendation was included in the meeting packet. Also included in the packet were changes recommended by Tonka Bay's legal counsel and recommendations from Deephaven. The meeting packet for this evening included a copy of a further modified lease agreement. This most recent draft included some of the suggestions made by the other Cities, noting most of the Cities' substantial suggestions were included. ,AR COUNCIL MEETING MINUTES P. - ('12 Heck requested Council provide direction on the insurance provision and indemnification language in the lease agreement. If Shorewood has an umbrella type policy covering property, casualty and general liability coverage, there may not be a need for indemnification language in the agreement. The rental agreement for use of the Center stipulates the renter has liability for the activities. Attorney Tietjen stated she has contacted the League of Minnesota Cities Insurance Trust (LMCIT) regarding the indemnity issue, but she has not heard back from the LMCIT yet. She explained one of her questions was whether or not it would possible to put the other four Cities as additional insurers Shorewood's policy. In the lease agreement between the Friends and the Cities the Friends indemnified the Cities. In the proposed agreement Shorewood is the tenant; she questioned if Shorewood is willing agree to indemnify for activities on the premises. She suggested the agreement specify up to what limit Shorewood would be willing to indemnify, with the maximum being no more than what Shorewood would be responsible for under the statutory cap. Councilmember Turgeon stated she preferred the indemnification language remain the same as in the lease agreement with the Friends with the exception of adding language stating subject to the limits Minnesota State Statute Chapter 466. Attorney Tietjen recommended she draft simpler indemnification language that would accomplish what the indemnification language in the Friends' lease agreement accomplished. She stated she had to read the indemnification language in the Friends' lease numerous times to reasonably understand it. She thought the complicated language could be simplified and clarified without changing tine intent. Councilmember Turgeon stated the recommendations from the other Cities did not indicate they had issue with the language. She thought punctuation marks could be added to make shorter sentences and make them easier to read, but it should stay as close to the original language as possible. Doing this would not require the other Cities to spend time and money to review new indemnification language. In response to a question from Councilmember Bailey, Attorney Tietjen stated she would not have a concern if the indemnification language remained as it was in the Friends' lease provided language was added specifying up to the limits specified in State Statute and provided Council agreed to indemnify and hold harmless the other Cities for any and all activities that occur at the Center. Cou ncihnember Zerby stated he hoped Attorney Tietjen could clarify the language by adding punctuation. He then stated he was not sure if many of the other paragraphs in the lease agreement were any more palatable. Councilmember Turgeon stated the other Cities did not have issue with the language. Councilmember Zerby stated he viewed the Deephaven Council meeting during which there was significant discussion about it. Administrator Heck explained that the State law changed in 2008 such that joint powers organizations are subject to one city's statutory limit. The five cities are not a joint powers organization. The question is whether or not an individual can go after each of the Cities for their statutory maximum. He and Attorney Tietjen think that it may be possible for them to do that, so they want to limit Shorewood's liability to Shorewood's limit only. Councilmember Woodruff stated he could support indemnification language which would include subject to the limits of State Statute Chapter 466. He suggested that in paragraph 23 of the lease, Action by _ _ C11 MEETING Jul Page 9 of 12 Landlord, that "under paragraphs 2, 3, 10 or 16" be changed to under paragraphs 2, 3 or 16"; paragraph 10 relates to signs. He stated he wanted to approve something this evening. Woodruff moved, Zery seconded, approving the agreement for the lease and operation of the Southshore Community Center 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) and the City of Shorewood (the tenant) and authorizing the agreement be forwarded to the other four Cities for approval subject to including indemnification language with the intent that Shorewood would indemnify and hold harmless the other four Cities, adding subject to any limits specified under State Statute Chapter 446 to the indemnification language and removing the reference to paragraph 10, Signs, in paragraph 23, Action by Landlord. Councilmember Turgeon asked if the stipulation of four of the five Cities in paragraph 23, Action by Landlord, should be changed to say three of the five Cities; one of the Cities requested that change. In response to a question from Councilmember Turgeon, Administrator Heck explained the carbon copy to the attorney was removed from paragraph 17, Notices, because he and the other City Administrators and City Manager thought each of them would be responsible for providing their City's attorney with a copy of the document. The same applies to copying Shorewood's City Attorney as the tenant. Heck stated the stipulation of approval of four of the five Cities in paragraph 23, Action by Landlord, is consistent with the stipulation in the Cooperative Agreement between the Cities. He explained it is Attorney Tietjen's and his interpretation of the Cooperative Agreement that this is a Cities directed change in operation and therefore only requires approval of three of the five Cities. Paragraph 23 is about terminating the lease; that takes four of the five Cities and this is consistent with the Cooperative Agreement. He suggested the reference to paragraph 16, Right to Inspection, also be deleted from paragraph 23. He stated the reference to paragraph 10 should have been paragraph 14, Default. Councilmember Woodruff stated he did not have an issue with the four of the five Cities stipulation in paragraph 23. Without objection of the seconder, the maker of the motion amended it to change the references to paragraphs 2, 3, 10 and 16 to paragraphs 2, 3, and 14 in Paragraph 23, Action by Landlord. Councilmember Turgeon suggested the following changes to the beginning part of Recitals in the lease. The changes are as follows. Delete Recital 1: "WHEREAS, the Cites 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". Change Recital 2: "WHEREAS, the Cities desire that the Landlord undertake its best efforts to make the Center widely available to all citizens and residents; and" to "WHEREAS, the Cities desire to make the Center widely available to all citizens and residents; and". Delete Recital 3: "WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of seniors and citizens; and". In Recital 4: add and other community-based activities such as those commonly provided at community centers throughout the area" to the end of "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". She explained her intent was to make the focus all encompassing; it's for all citizens and residents. It should address the other Cities' concerns that it will not remain a community center. Councilmember Zerby stated deleting the Recital I changes the intent. He did not think there was harm in leaving it in the agreement. Mayor Liz& stated the Recitals have worked in the past and she did not think there was a reason to delete any of them. Councilmember Zerby stated Council heard loud and clear from the community residents that they wanted to keep the Center operating as it is. Statements one and three are innocuous. There is nothing legal attached to them. In response to a comment from Councilmember Bailey, Attorney Tietjen explained the general purpose of recitals is to set out the purpose of an agreement. Recitals are incorporated as part of an agreement, but they are not terms of an agreement. There is no obligation to fulfill them. They are not legally binding. Recitals give a description and provide background. Bailey stated he assumed a senior groups' request to use the Center would not have a higher priority than an already agreed to request from a non-senior group, to which Tietjen replied it would not. Councilmember Woodruff stated lie appreciated Councilmember Turgeon's effort to cleanup the agreement. If he were doing so there would be many changes he would recommend. But, the base agreement has been reviewed by the Cities and the Cities' attorneys numerous times when it was originally written as the Friends lease, and it has been reviewed and discussed again recently. He expressed extreme reluctance to making the changes suggested by Turgeon without discussing them with the other Cities. He thought Recitals 1 - 4 are reasonable. He could support making the suggested addition to Recital 4. Without objection from the seconder, the maker of the motion amended it to add and other community-based activities such as those commonly provided at community centers throughout the area" to the end of "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" Motion passed 5/0. Councilmember Bailey stated it's important to start working on a management agreement with Community Rec Resources quickly and to prepare a business plan. He suggested Councilmembers Woodruff and Zerby work with Kristi Anderson, Community Rec Resources (CRR), to get that accomplished. Administrator Heck explained that he had sent Attorney Tietjen a draft agreement earlier that day. He stated the process recommended by Councilmember Bailey could be used to develop benchmarks that would be used to guide CRR's efforts and to assess CRR's performance. Councilmember Woodruff stated there are two things that must be done. One is a contract as to be written between the City and CRR. The second is an operating plan must be developed, and that plan will be executed under the contract. The operating plan will be a "living document". It will address short term things that must be achieved. Long terms goals will then have to be defined. He thought he and Councilmember Zerby could work with Staff to develop the operating plans. CITY -D v v Ji -EETIN-~ UTES June F, - Page 11 of a~ D. e . istrative Citations for Traffic Violations Councilmember Woodruff stated during the most recent State legislative session the Legislature and the Governor approved administrative citations for a limited number of traffic violations. He thought it could be implemented as soon as July 1, 2009. Some State department must first create a uniform citation form for use. He asked the Councihnembers if they thought it would be appropriate to have Mayor Lizee contact the South Lake Minnetonka Police Department (SLMPD) about the City's desire to move forward with this. Administrator Heck stated he has spoken with Excelsior's City Manager and Tonka Bay's City Administrator about this. They all agreed that overtime it would be appropriate to involve the SLMPD. It is his understanding that the maximum fine that can be issued is $60. He will draft a document describing the legislation that was passed. Councilmember Zerby stated he did not want to be a pioneer in implementing such a process. Heck commented there are some cities that have been doing this already. There was consensus to table this until after the 2010 budget process is complete. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown stated the temporary cellular antenna has been removed from the SE Area Water Tower site. Public Works will begin to restore the site's turf towards the fall. The cellular provider is working on remounting the antenna. Staff is working with the antenna contractors on some compliance issues on both the SE Area Water Tower and the West Water Tower. Public Works should be done flushing the watermain by the end of the week. The damage on the lights in Freeman Park that need repair is beyond what Xcel Energy will cover per the City's agreement with Xcel; therefore, Staff is finding an electrician to do the repairs. The administrative staff from Shorewood, Tonka Bay and Hennepin County are reviewing the close out of the County Road 19 and Smithtown Road intersection project. Tonka Bay has expressed come concern about the final numbers. He explained that there were at least 37 - 38 properties involved in easement acquisition and each of those acquisitions is being reviewed; Hennepin County indicated it had spent a considerable amount of labor resource on that part of the project. Councilmember Woodruff requested Brown provide Council with a report on what the financial impact of the closeout could be to the City during the June 22nd budget work session. Engineer Landini stated three property owners have responded to the survey monkey survey for the Harding Avenue and Harding Lane for the watermain extension. Three property owners have responded; one positively and two negatively. Councilmember Bailey questioned if Staff was sure the possible installation of watermain was clearly communicated to the property owners. Landini said the letters he sent them included where the finding would come from for the roadway improvements, the storm water improvements, sanitary sewer improvements and watermain improvements. Bailey stated he had previously asked for an informational copy of the letter to the property owners. He hoped there would be a frank discussion during the June 22nd Council meeting public hearing for this project. Councilmember Zerby stated it prudent to identify what roadways would be considered for reconstruction or reclamation next, and to do the feasibility study and design work in 2009 with the actual repair work being done in 2010. This would place roadway projects on an 18-month timeline and help ensure they are done during prime road construction season. Administrator Heck stated there is a an Excelsior Fire District (EFD) budget work session scheduled for June 10, 2009, at 6:00 P.M. for all five member cities' councils. C1- -Alt COUNCIL MEETING MINUTES Pa -2 of 12 Mayor and City Council Councilmember Bailey stated it is important for the Council members to review the proposed draft EFD 2010 budget. If they have questions and are unable to attend the joint meeting of councils then they should let him know of their concerns. He explained that the budget reflects an overall zero percent increase over the adopted 2009 budget. Although he was not happy about it, EFD Chief Gerber accepted there would be no wage increases in 2009. The operating budget includes a $120,000 required contribution to the Excelsior Firefighters Relief Association pension fiend. Part of the contribution will be funded out of General Fund reserves and Fire Facilities Fund reserves, which he thought was appropriate. The remainder came through budget reductions. The EFD Board had discussions about whether or not the use of reserves was too aggressive; it concluded it wasn't. He thought the use of reserves could be replicated for 2011 but not beyond that. He applauded Gerber for his positive attitude through the process, noting that it is not what Gerber would have preferred to do. He stated Gerber had prepared a list of restoration priorities should the required contribution be less than what is projected. The actual contribution won't be known until August 151. Councilmember Turgeon asked Mayor L izee to summarize the South Lake Minnetonka Police Department budget work session held on June 3`d which they both attended. Lizee stated SLMPD Chief Litsey provided an overview of his first draft budget. Some details of the budget cannot be worked out until the impact of program cuts is known. She stated Chief Litsey wants to attend a Council meeting and give a presentation to Council, but the SLMPD Coordinating Committee won't have had time for another work session prior to the June 22nd Council meeting. Mayor Lizee stated 29`x' Art on the Lake event is scheduled for June 13t1i and 14t1i. 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of June 8, 2009, at 8:55 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk City Council Agenda - _ i j Meeting of Jun , Brief Description: Claims for council authorization. Recommended Action: Approve the claims list. Background The attached claims list includes checks numbered 48518 through 48566, totaling $267,295.19. Recommendation Staff recommends approval of the claims list. Submitted through: Brian Heck, City Administrator A 11 Bonnie Burton, Finance Director, i Originated by: R Michelle Nguyen, Accounts Payable 6/18/2009 2:49 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 6/10/2009 THRU 99/99/9999 PAGE: 2 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 00051 EFTPS - FEDERAL W/H I-T1 20090610 FEDERAL W/H D 6/10/2009 4,031 .95 000000 I-T3 20090610 FICA W/H D 6/10/2009 6,144 .74 000000 I-T4 20090610 MEDICARE W/H D 6/10/2009 1,437 .14 000000 11,613 .83 00092 MN DEPT OF REVENUE I-T2 20090610 STATE W/H D 6/10/2009 1,909 .74 000000 1,909 .74 00086 AFSCME COUNCIL 5 I-01 20090610 P/R DEDUCTS - UNION DUES R 6/10/2009 263 .48 048518 263 .48 00053 ICMA RETIREMENT TRUST-302131-4 I-02 20090610 P/R DEDUCTS-DEFERRED COM R 6/10/2009 1,609 .60 048519 I-02P20090610 P/R DEDUCTS-DEFERRED COM R 6/10/2009 210 .96 048519 1,820 .56 1 MICHAEL FANNON I-MICHAEL FANNON ESCROW REFUND R 6/10/2009 4,500. 00 048520 4,500 .00 00052 PERA I-P 20090610 P/R DEDUCTS-PERA R 6/10/2009 6,361. 75 048521 6,361 .75 20005 WELLS FARGO HEALTH BENEFIT SVC I-16 20090610 P/R DEDUCTS-HSA R 6/10/2009 305. 00 048523 305 .00 1 ADVANCED CLEANING TECHNOLOGY I-A.C.T-INV#806 ADVANCED CLEANING TECHNOLOGY: R 6/22/2009 1,055. 00 048524 1,055 .00 10576 ADVANCED IMAGING SOLUTIONS INC I-048073 06/06-07/06 MAINT SVC R 6/22/2009 264. 00 048525 264 .00 00087 AFSCME CO 5 MEMBERS HEALTH FUN I-JULY-2009 JULY - UNION DENTAL PREM R 6/22/2009 357. 00 048526 357 .00 29273 ALPHA VIDEO & AUDIO INC. I-SYSINVO8292 CAMERA INSTALL LABOR R 6/22/2009 12,397. 25 048527 12,397. 25 29270 ALTERNATIVE BUSINESS FURNITURE I-33534 CHAIRS R 6/22/2009 2,533. 37 048528 2,533. 37 01790 AMERICAN LEGAL PUBL CORP I-69929 2009 S-4-CODE OF ORDINANCES R 6/22/2009 944. 00 048529 944. 00 01977 ANDERSON, KRISTI B. I-JUN 9-09 PARK MTG 06/09/09 R 6/22/2009 230. 00 048530 230. 00 6/18/2009 2:49 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 6/10/2009 THRU 99/99/9999 PAGE: 3 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 03230 BIFFS, INC. I-W381779-785-IN JUN RENTAL R 6/22/2009 869 .04 048531 869 .04 29278 CLASSIC CLEANING COMPANY I-14556 VACUUM & DAMP MOP BASEMENT R 6/22/2009 360 .00 048532 360 .00 05305 COMMUNITY REC RESOURCES I-12-2009 JUN 1 - 12 MEETING R 6/22/2009 1,980 .00 048533 1,980. 00 05885 CULLIGAN BOTTLED WATER I-101X20857309 S.S.CTR-SOLAR SALT R 6/22/2009 33 .50 048534 I-114099504119-05310 DRINKING WATER R 6/22/2009 14 .22 048534 47. 72 1 DERMCO-LAVINE CONSTRUCTION CO I-DERMCO-LAVINE CONS DERMCO-LAVINE CONSTRUCTION CO: R 6/22/2009 11,835. 00 048535 11,835. 00 29271 DREW KRIEBEL I-696904 CLEAN SVC R 6/22/2009 540. 00 048536 I-696905 CLEAN SVC - S.S. CTR R 6/22/2009 198. 00 048536 738. 00 07100 E.J. MAYERS INC. I-68 BOR TO INSTALL 12" PIPE R 6/22/2009 15,900. 00 048537 15,900. 00 10000 GROUT, TWILA I-MAY-09 _ MAY WELLNESS REIM R 6/22/2009 40. 00 048538 40. 00 07900 HAWKINS, INC. I-3024447 RI CHLORIEN CYLINDER R 6/22/2009 457. 00 048539 457. 00 10506 HENN CTY INFO TECHNOLOGY DEPT I-29058193 MAY 80OMHZ RADIO R 6/22/2009 32. 00 048540 32. 00 11500 J.R'S ADVANCED RECYCLERS I-66677 2009 SPRING CLEAN UP R 6/22/2009 1,256. 00 048541 1,256. 00 29265 JEFFREY W. LAMBERT, P.A. I-7333.001-051909 EDMONSON CASE R 6/22/2009 747. 63 048542 747. 63 13070 LANDINI, JAMES I-200906120256 CELL & MILEAGE REIM R 6/22/2009 187. 56 048543 I-MAY-JUN-09 MAY & JUN WELLNESS REIM R 6/22/2009 80. 00 048543 267. 56 21340 LOCAL LINK I-JULY-2009 JULY WEB LINK SVC R 6/22/2009 131. 80 048544 131. 80 6/18/2009 2:49 PM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON B ANK DATE RANGE: 6/10/2009 THRU 99/99/9999 CHECK CHECK CHECK CH ECK VENDOR I-D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 17260 MCFOA I-2009-2010 TWILA & JEAN MEMBERSHIP R 6/22/2009 70 .00 048545 70 .00 15501 METRO COUNCIL ENV.(SAC) I-MAY-2009 MAY SAC REPORT R 6/22/2009 17,820 .00 048546 17,820 .00 15500 METRO COUNCIL ENVMT(WASTEWATER I-0000901469 JULY WASTEWATER SVC R 6/22/2009 48,017 .98 048547 48,017 .98 15885 MIDWEST MAILING SYSTEMS INC I-68201- JUN PSTG-ADDT'L R 6/22/2009 17 .88 048548 I-68205- JUN NEWSLETTERS SVC R 6/22/2009 346 .12 048548 I-JUL-2009 JULY POSTAGE R 6/22/2009 500 .00 048548 864 .00 17400 MINNETONKA-CITY OF I-05-29-09 02/05/09-05/07/09 WATER R 6/22/2009 130 .73 048549 130 .73 19965 NORTHLAND TRUST SERVICES, INC. I-SHOROSA-050409 BOND INT-2005 WATER BONDS R 6/22/2009 25,057 .50 048550 I-SHOR06A-050409 BOND INT-2006 WATER BONDS R 6/22/2009 29,000 .00 048550 54,057 .50 15900 OFFICE DEPOT I-476151813-001 OFFICE SUPPLIES R 6/22/2009 286 .37 048551 286 .37 1 PAULA SAUNDERS I-PAULA SAUNDERS-FIN S.S.CTR FINAL R 6/22/2009 200 .00 048552 200 .00 20805 PITNEY BOWES CREDIT CORP I-5440954-JN09 3RD QTR-POSTAGE LEASE R 6/22/2009 329 .25 048553 329 .25 26100 QWEST I-612E451785-060109 JUN SVC R 6/22/2009 314 .12 048554 I-612E458019-060109 JUN SVC R 6/22/2009 235 .59 048554 549. 71 21610 REED BUSINESS INFORMATION I-4178447 2009 BITUMINOUS MILL 5/29 R 6/22/2009 191 .88 048555 191. 88 22482 SAM'S CLUB I-999999-2009 MEMBERSHIP RENEWAL R 6/22/2009 70 .00 048556 I-FIN CHRG FIN SVC R 6/22/2009 2 .50 048556 I-JUN 10-09 GEN SUPPLIES - C.H. & P.W. R 6/22/2009 308 .00 048556 380. 50 23100 SMITH, WALTER I-JULY-10-2009 NIP PERFORMANCE 07/10/09 R 6/22/2009 1,000 .00 048557 1,000. 00 6/18/2009 2:49 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 6/10/2009 THRU 99/99/9999 PAGE: 5 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 23500 SO LK MTKA POLICE DEPT I-APR & MAY-09-USER APR & MAY 800 MHZ USER R 6/22/2009 32 .00 048558 I-APR/MAY-09 HCPF APR & MAY HENN CTY PROCESS FEE R 6/22/2009 286 .36 048558 318 .36 29101 SUN NEWSPAPERS I-1186490 HARDING LN/SMTWN WTRMAIN 06/22 R 6/22/2009 48 .26 048559 I-1186491 DRINKING WATER REPORT 06/11 R 6/22/2009 414 .70 048559 462 .96 17200 SUN PATRIOT NEWSPAPERS I-925519 HARDING HEARING 06/13 R 6/22/2009 56 .93 048560 56 .93 23726 TKDA ENGINEERS ARCHITECTS PLAN I-000200901443 MAY PARK SVC R 6/22/2009 4,516 .01 048561 4,516 .01 24900 TONKA UNITED SOCCER ASSN I-RECEIPT447191 DAMAGE DEPOSIT REFUND R 6/22/2009 125 .00 048562 125 .00 83^014 VEOLIA ENVIRONMENTAL SERVICES I-650000936566 MAY RECYCLING SVC R 6/22/2009 6,990 .00 048563 6,990 .00 1 WENDY CASEY I-WENDY CASEY S.S.CETER REFUND R 6/22/2009 194 .60 048564 194 .60 28125 WILLIAMS TOWING I-115514 2005 HONDA MODEL VT750DC R 6/22/2009 181 .05 048565 181 .05 19800 XCEL ENERGY I-274667349 5700 CTY RD 19 R 6/22/2009 177 .31 048566 177. 31 * * T O T A L S * * NO CHECK AMOUNT DISCOUNTS TOTAL APPLIED REGULAR CHECKS: 48 202,613.30 0.00 202,613.30 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 2 13,523.57 0.00 13,523.57 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 50 216,136. 87 0.00 216,136 .87 BANK: 1 TOTALS: 50 216,136. 87 0.00 216,136. 87 REPORT TOTALS: 51 216,136. 87 0.00 216,136. 87 0 6 - 1 8 - 2 0 0 9 0 2 : 5 6 PM C O U N C I L R E P O R T BY VENDOR - JUNE 22, 2009 PAGE: 1 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMO UNT ADVANCED IMAGING SOLUTIONS INC 6/22/09 06/06-07/06 MAINT SVC General Fund Municipal Buildings 264 .00 TOTAL: 264 .00 AFSCME CO 5 MEMBERS HEALTH FUND 6/22/09 JULY - UNION DENTAL SEEM General Fund Unallocated Expenses 357 .00 TOTAL: 357 .00 AFSCME COUNCIL 5 6/10/09 P/R DEDUCTS - UNION DUES General Fund NON-DEPARTMENTAL 263 .48 TOTAL: 263 .48 ALPHA VIDEO & AUDIO INC. 6/22/09 CAMERA INSTALL LABOR City Bldg Project Equipment Replacement 12,397 .25 TOTAL: 12,397 .25 ALTERNATIVE BUSINESS FURNITURE 6/22/09 CHAIRS City Bldg Project Equipment Replacement 2,533 .37 TOTAL: 2,533 .37 AMERICAN LEGAL PUBL CORP 6/22/09 2009 S-4-CODE OF ORDINANCE General Fund General Government 944 .00 TOTAL: 944 .00 ANDERSON, KRISTI B. 6/22/09 PARK MTG 06/09/09 General Fund Parks & Recreation 230 .00 TOTAL: 230 .00 BIFFS, INC. 6/22/09 JUN RENTAL General Fund Parks & Recreation 869 .04 TOTAL: 869 .04 CLASSIC CLEANING COMPANY 6/22/09 VACUUM & DAMP MOP BASEMENT City Bldg Project Equipment Replacement 360 .00 TOTAL: 360 .00 COMMUNITY REC RESOURCES 6/22/09 JUN 1 - 12 MEETING General Fund Parks & Recreation 1,980 .00 TOTAL: 1,980 .00 CULLIGAN BOTTLED WATER 6/22/09 DRINKING WATER SVC General Fund Municipal Buildings 14 .22 6/22/09 S.S. CENTER WA SOFTNER Public Facility Fu Public Facility/Off Eq 33 .50 TOTAL: 47 .72 DREW KRIEBEL 6/22/09 CLEAN SVC Public Facility Fu Public Facility/Off Eq 540. 00 6/22/09 CLEAN SVC S.S.CTR Public Facility Fu Public Facility/Off Eq 198. 00 TOTAL: 738. 00 E.J. MAYERS INC. 6/22/09 BOR TO INSTALL 12" PIPE Stormwater Managem Stormwater Management 15,900. 00 TOTAL: 15,900. 00 EFTPS - FEDERAL W/H 6/10/09 FEDERAL W/H General Fund NON-DEPARTMENTAL 4,031. 95 6/10/09 FICA W/H General Fund NON-DEPARTMENTAL 3,072. 37 6/10/09 MEDICARE W/H General Fund NON-DEPARTMENTAL 718. 57 6/10/09 FICA W/H General Fund Administration 280. 71 6/10/09 MEDICARE W/H General Fund Administration 65. 66 6/10/09 FICA W/H General Fund General Government 437. 55 6/10/09 MEDICARE W/H General Fund General Government 102. 34 6/10/09 FICA W/H General Fund Finance 341. 23 6/10/09 MEDICARE W/H General Fund Finance 79. 81 6/10/09 FICA W/H General Fund Planning 347. 33 6/10/09 MEDICARE W/H General Fund Planning 81. 24 6/10/09 FICA W/H General Fund Protective Inspections 195. 69 6/10/09 MEDICARE W/H General Fund Protective Inspections 45. 76 6/10/09 FICA W/H General Fund City Engineer 150. 15 6/10/09 MEDICARE W/H General Fund City Engineer 35. 11 06-18-2009 02:56 PM VENDOR NAME GROUT, TWILA HAWKINS, INC C O U N C- L R: P O R T BY VENDOR - JUNE 22, 2009 PAGE: 2 DATE DESCRTPTION 1%UND DEPARTMENT 6/10/09 FICA W/H General Fund Public Works 6/10/09 MEDICARE W/H General Fund Public Works 6/10/09 FICA W/H General Fund Streets & Roadways 6/10/09 MEDICARE W/H General Fund Streets & Roadways 6/10/09 FICA W/H General Fund Tree Maintenance 6/10/09 MEDICARE W/H General Fund Tree Maintenance 6/10/09 FICA W/H General Fund Parks & Recreation 6/10/09 MEDICARE W/H General Fund Parks & Recreation 6/10/09 FICA W/H Water Utility Water 6/10/09 MEDICARE W/H Water Utility Water 6/10/09 FICA W/H Sanitary Sewer Uti Sewer 6/10/09 MEDICARE W/H Sanitary Sewer Uti Sewer 6/10/09 FICA W/H Recycling Utility Recycling 6/10/09 MEDICARE W/H Recycling Utility Recycling 6/10/09 FICA W/H Stormwater Managem Stormwater Management 6/10/09 MEDICARE W/H Stormwater Managem Stormwater Management TOTAL: 6/22/09 MAY WELLNESS REIM General Fund General Government TOTAL: 6/22/09 CHLORIEN CYLINDER Water Utility Water TOTAL: MISC. VENDOR ADVANCED CLEANING TECH 6/22/09 BLG CLEAN FURNACE & DUCTWO City Bldg Project Equipment Replacement DERMCO-LAVINE CONSTRUC 6/22/09 DERMCO-LAVINE CONSTRUCTION Park Capital Impro Park Capital Improveme MICHAEL FANNON 6/10/09 ESCROW - 5625 CHRISTMAS LK Escrow Deposit Age NON-DEPARTMENTAL PAULA SAUNDERS 6/22/09 PAULA SAUNDERS:S.S.CTR FIN Public Facility Fu NON-DEPARTMENTAL WENDY CASEY 6/22/09 WENDY CASEY:S.S.CETER REFU Public Facility Fu NON-DEPARTMENTAL TOTAL: HENN CTY INFO TECHNOLOGY DEPT 6/22/09 MAY 800MHZ RADIO General Fund Public Works TOTAL: ICMA RETIREMENT TRUST-302131-457 6/10/09 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 6/10/09 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL TOTAL: J.R'S ADVANCED RECYCLERS 6/22/09 2009 SPRING CLEAN UP Recycling Utility NON-DEPARTMENTAL TOTAL: JEFFREY W. LAMBERT, P.A. 6/22/09 EDMONSON CASE General Fund Professional Svcs TOTAL: LANDINI, JAMES 6/22/09 MILEAGE REIM General Fund City Engineer 6/22/09 GPS DATE PHONE General Fund City Engineer 6/22/09 MAY & JUN WELLNESS REIM General Fund City Engineer TOTAL: LOCAL LINK 6/22/09 JULY WEB LINK SVC General Fund Municipal Buildings TOTAL: MCFOA 6/22/09 TWILA & JEAN MEMBERSHIP General Fund General Government TOTAL: METRO COUNCIL ENV.(SAC) 6/22/09 MAY SAC REPORT Sanitary Sewer Uti NON-DEPARTMENTAL AMOUNT' 416.77 97.46 190.11 44.48 34.65 8.10 282.39 66.05 255.55 59.76 105.20 24.61 5.41 1.27 29.63 40.00 40.00 1,055.00 11,835.00 4,500.00 200.00 194.60 17,784.60 32.00 32.00 1,609.60 210.96 1,820.56 1,256.00 1,256.00 747.63 747.63 97.20 90.36 80.00 267.56 17,820.00 06-18-2009 02:56 PM VENDOR NAME PAGE: 3 n rnnr rnrm METRO COUNCIL ENVMT(WASTEWATER) 6/22/09 JULY WASTEWATER SVC Sanitary Sewer Uti Sewer 48,017 .98 TOTAL: 48,017 .98 MIDWEST MAILING SYSTEMS INC 6/22/09 JUN PSTG-ADDT'L General Fund General Government 17 .88 6/22/09 JUN NEWSLETTERS SVC General Fund General Government 346 .12 6/22/09 JULY POSTAGE General Fund General Government 500 .00 TOTAL: 864 .00 MINNETONKA-CITY OF 6/22/09 5366 VINE HILL RD Water Utility Water 34 .39 6/22/09 5350 VINE HILL RD Water Utility Water 59 .83 6/22/09 5490 VINE HILL RD Water Utility Water 36 .51 TOTAL: 130 .73 MN DEPT OF REVENUE 6/10/09 STATE W/H General Fund NON-DEPARTMENTAL 1,909 .74 TOTAL: 1,909 .74 NORTHLAND TRUST SERVICES, INC. 6/22/09 BOND INT-2005 WATER BONDS Water Utility Water 25,057 .50 6/22/09 BOND INT-2006 WATER BONDS Water Utility Water 29,000 .00 C O U N C I L R E P O R T BY VENDOR - JUNE 22, 2009 DATE DESCRIPTION FUND DEPARTMENT TOTAL: TOTAL: 54,057.50 OFFICE DEPOT 6/22/09 GEN-OFFICE SUPPLIES 6/22/09 ENG-OFFICE SUPPLIES General Fund General Government 230 .20 General Fund City Engineer 56 .17 TOTAL: 286 .37 General Fund NON-DEPARTMENTAL 2,993 .75 General Fund Administration 309 .50 General Fund General Government 450 .73 General Fund Finance 371 .50 General Fund Planning 407 .27 General Fund Protective Inspections 234 .63 General Fund City Engineer 164 .05 General Fund Public Works 465 .50 General Fund Streets & Roadways 210 .91 General Fund Tree Maintenance 37 .73 General Fund Parks & Recreation 273 .90 Water Utility Water 286 .64 Sanitary Sewer Uti Sewer 117 .39 Recycling Utility Recycling 5 .90 Stormwater Managem Stormwater Management 32 .35 TOTAL: 6,361 .75 General Fund Municipal Buildings 329. 25 TOTAL: 329. 25 Water Utility Water 314. 12 Water Utility Water 235. 59 PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA 6/10/09 P/R DEDUCTS-PERA PITNEY BOWES CREDIT CORP QWEST 6/22/09 4TH QTR RENTAL 6/22/09 JUN SVC 6/22/09 JUN SVC TOTAL: 549.71 REED BUSINESS INFORMATION 6/22/09 2009 BITUMINOUS MILL 5/29 Street Capital Imp Street Capt Improvemen 191. 88 TOTAL: 191. 88 SAM'S CLUB 6/22/09 MEMBERSHIP RENEWAL-JEAN P. General Fund General Government 17. 50 6/22/09 MEMBERSHIP RENEWAL-BONNIE General Fund Finance 17. 50 6/22/09 MEMBERSHIP RENEWAL-BRAD N. General Fund Planning 17. 50 06-18-2009 02:56 PM C O U N C I L R E P O R T BY VENDOR - JUNE 22, 2009 PAGE: 4 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMOUNT 6/22/09 FIN SVC General Fund Municipal Buildings 2 .50 6/22/09 GEN SUPPLIES - CITY HALL General Fund Municipal Buildings 108 .29 6/22/09 MEMBERSHIP RENEWAL-LARRY B General Fund Public Works 17 .50 6/22/09 GEN SUPPLIES - PUBLIC WORK General Fund Public Works 199 .71 TOTAL: 380 .50 SMITH, WALTER 6/22/09 MIP PERFORMANCE 07/10/09 General Fund Parks & Recreation 1,000 .00 TOTAL: 1,000 .00 SO LK MTKA POLICE DEPT 6/22/09 JUL HENN CTY PROCESSING FE General Fund Police Protection 286 .36 6/22/09 APR & MAY 800 MHZ USER General Fund Public Works 32 .00 TOTAL: 318 .36 SUN NEWSPAPERS 6/22/09 HARDING LN/SMTWN WTRMAIN 0 Water Utility Water 48. 26 6/22/09 DRINKING WATER REPORT 06/1 Water Utility Water 414. 70 TOTAL: 462. 96 SUN PATRIOT NEWSPAPERS 6/22/09 HARDING HEARING 06/13 Water Utility Water 56. 93 TOTAL: 56. 93 TKDA ENGINEERS ARCHITECTS PLANNERS 6/22/09 MAY PARK SVC General Fund Parks & Recreation 4,516. 01 TOTAL: 4,516. 01 TONKA UNITED SOCCER ASSN 6/22/09 DAMAGE DEPOSIT REFUND General Fund NON-DEPARTMENTAL 125. 00 TOTAL: 125. 00 VEOLIA ENVIRONMENTAL SERVICES 6/22/09 MAY RECYCLING SVC Recycling Utility Recycling 6,990. 00 TOTAL: 6,990. 00 WELLS FARGO HEALTH BENEFIT SVCS 6/10/09 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 305. 00 TOTAL: 305. 00 WILLIAMS TOWING 6/22/09 2005 HONDA MODEL VT750DC Equipment Replacem Equipment Replacement 181. 05 TOTAL: 181. 05 XCEL ENERGY 6/22/09 5700 CTY RD 19 General Fund Traffic Control/Str Li 29. 93 6/22/09 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic Control/Str Li 147. 38 TOTAL: 177. 31 -PAYROLL EXPENSES 6/08/2009 - 99/99/9999 General Fund Administration 4,585. 08 General Fund General Government 7,057. 17 General Fund Finance 5,503. 76 General Fund Planning 6,033. 64 General Fund Protective Inspections 3,475. 93 General Fund City Engineer 2,430. 42 General Fund Public Works 6,896. 21 General Fund Streets & Roadways 3,124. 40 General Fund Tree Maintenance 558. 88 General Fund Parks & Recreation 4,940. 76 Water Utility Water 4,246. 47 06-18- 2009 02:56 PM C O U N C I L R E P O R T BY VENDOR - JUNE 22, 2009 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT PAGE: S AMOUNT -PAYROLL EXPENSES Sanitary Sewer Uti Sewer Recycling Utility Recycling Stormwater Managem Stormwater Management TOTAL: FUND TOTALS 101 General Fund 79,894 .03 401 Public Facility Fund 1,166 .10 402 Park Capital Improvements 11,835 .00 403 Equipment Replacement 181 .05 404 Street Capital Improvemen 191 .88 410 City Bldg Project Svcs 16,345. 62 601 Water Utility 60,563. 25 611 Sanitary Sewer Utility 67,824. 22 621 Recycling Utility 8,345. 87 631 Stormwater ManagementUtil 16,448. 17 880 Escrow Deposit Agency 4,500. 00 GRAND TOTAL: 267,295.19 1,739.04 87.29 479.27 51,158.32 TOTAL PAGES: 5 06-18-2009 02:57. PM DEPARTMENT C O U N C I L R E P O R T BY DEPARTMENT- Ji.T7E 22, 2009 FUND "VENDOR NAME DATE DESCRIPTION PAGE: 1 AMOUNT NON-DEPARTMENTAL General Fund EFTPS- FEDERAL W/H Administration General Fund General Government General Fund Finance General Fund PERA ICMA RETIREMENT TRUST-302131-457 AFSCME COUNCIL 5 MN DEPT OF REVENUE WELLS FARGO HEALTH BENEFIT SVCS TONKA UNITED SOCCER ASSN EFTPS - FEDERAL W/H PERA *-PAYROLL EXPENSES EFTPS - FEDERAL W/H PERA AMERICAN LEGAL PURL CORP GROUT, TWILA MIDWEST MAILING SYSTEMS INC OFFICE DEPOT MCFOA SAM'S CLUB **PAYROLL EXPENSES EFTPS - FEDERAL W/H PERA SAM'S CLUB **PAYROLL EXPENSES Professional Svcs General Fund JEFFREY W. LAMBERT, P.A. Planning General Fund Municipal Buildings General Fund EFTPS - FEDERAL W/H PERA SAM'S CLUB **PAYROLL EXPENSES CULLIGAN BOTTLED WATER ADVANCED IMAGING SOLUTIONS INC PITNEY BOWES CREDIT CORP LOCAL LINK SAM'S CLUB 6/10/09 FEDERAL W/H 4,031 .95 6/10/09 FICA W/H 3,072 .37 6/10/09 MEDICARE W/H 718 .57 6/10/09 P/R DEDUCTS-PERA 2,993 .75 6/10/09 P/R DEDUCTS-DEFERRED COM 1,609 .60 6/10/09 P/R DEDUCTS-DEFERRED COM 210 .96 6/10/09 P/R DEDUCTS - UNION DUES 263 .48 6/10/09 STATE W/H 1,909 .74 6/10/09 P/R DEDUCTS-HSA 305 .00 6/22/09 DAMAGE DEPOSIT REFUND 125 .00 TOTAL: 15,240 .42 6/10/09 FICA W/H 280 .71 6/10/09 MEDICARE W/H 65 .66 6/10/09 P/R DEDUCTS-PERA 309 .50 6/08/2009 - 99/99/9999 4,585 .08 TOTAL: 5,240 .95 6/10/09 FICA W/H 437 .55 6/10/09 MEDICARE W/H 102 .34 6/10/09 P/R DEDUCTS-PERA 450 .73 6/22/09 2009 S-4-CODE OF ORDINANCE 944 .00 6/22/09 MAY WELLNESS REIM 40. 00 6/22/09 JUN PSTG-ADDT'L 17. 88 6/22/09 JUN NEWSLETTERS SVC 346. 12 6/22/09 JULY POSTAGE 500. 00 6/22/09 OFFICE SUPPLIES 230. 20 6/22/09 TWILA & JEAN MEMBERSHIP 70. 00 6/22/09 MEMBERSHIP RENEWAL 17. 50 6/08/2009 - 99/99/9999 7,057. 17 TOTAL: 10,213. 49 6/10/09 FICA W/H 341. 23 6/10/09 MEDICARE W/H 79. 81 6/10/09 P/R DEDUCTS-PERA 371. 50 6/22/09 MEMBERSHIP RENEWAL 17. 50 6/08/2009 - 99/99/9999 5,503. 76 TOTAL: 6,313. 80 6/22/09 EDMONSON CASE TOTAL: 6/10/09 FICA W/H 347 .33 6/10/09 MEDICARE W/H 81 .24 6/10/09 P/R DEDUCTS-PERA 407 .27 6/22/09 MEMBERSHIP RENEWAL 17 .50 6/08/2009 - 99/99/9999 6,033 .64 TOTAL: 6,886 .98 6/22/09 DRINKING WATER 14 .22 6/22/09 06/06-07/06 MAINT SVC 264 .00 6/22/09 3RD QTR-POSTAGE LEASE 329. 25 6/22/09 JULY WEB LINK SVC 131. 80 6/22/09 FIN SVC 2. 50 6/22/09 GEN SUPPLIES - C.H. & P.W. 108. 29 TOTAL: 850. 06 06-18-2009 02:51 PM DEPARTMENT Police Protection C O U N C I L R E P O R T BY DEPARTMENT- JUNE 22, 2009 PAGE: 2 FUND VENDOR NAME DATE DESCRIPTION General Fund SO LK MIKA POLICE DEPT 6/22/09 APR & MAY HENN CTY PROCESS TOTAL: Protective Inspections General Fund City Engineer General Fund EFTPS - FEDERAL W/H PERA **PAYROLL EXPENSES EFTPS - FEDERAL W/H PERA LANDINI, JAMES OFFICE DEPOT **PAYROLL EXPENSES Public Works General Fund EFTPS - FEDERAL W/H PERA HENN CTY INFO TECHNOLOGY DEPT SAM'S CLUB SO LK MTKA POLICE DEPT **PAYROLL EXPENSES Streets & Roadways General Fund EFTPS - FEDERAL W/H PERA **PAYROLL EXPENSES Traffic Control/Str Li General Fund XCEL ENERGY Tree Maintenance General Fund EFTPS - FEDERAL W/H PERA **PAYROLL EXPENSES Parks & Recreation General Fund EFTPS - FEDERAL W/H PERA ANDERSON, KRISTI B. BIFFS, INC. COMMUNITY REC RESOURCES SMITH, WALTER TKDA ENGINEERS ARCHITECTS PLANNERS 286.36 6/10/09 FICA W/H 195 .69 6/10/09 MEDICARE W/H 45 .76 6/10/09 P/R DEDUCTS-PERA 234 .63 6/08/2009 - 99/99/9999 3,475 .93 TOTAL: 3,952 .01 6/10/09 FICA W/H 150 .15 6/10/09 MEDICARE W/H 35 .11 6/10/09 P/R DEDUCTS-PEAR 164 .05 6/22/09 CELL & MILEAGE REIM 97 .20 6/22/09 CELL & MILEAGE REIM 90 .36 6/22/09 MAY & JUN WELLNESS REIM 80 .00 6/22/09 OFFICE SUPPLIES 56 .17 6/08/2009 - 99/99/9999 2,430 .42 TOTAL: 3,103 .46 6/10/09 FICA W/H 416 .77 6/10/09 MEDICARE W/H 97 .46 6/10/09 P/R DEDUCTS-PERA 465. 50 6/22/09 MAY 800MHZ RADIO 32. 00 6/22/09 MEMBERSHIP RENEWAL 17. 50 6/22/09 GEN SUPPLIES - C.H. & P.W. 199. 71 6/22/09 APR & MAY 800 MHZ USER 32. 00 6/08/2009 - 99/99/9999 6,896. 21 TOTAL: 8,157. 15 6/10/09 FICA W/H 190. 11 6/10/09 MEDICARE W/H 44. 48 6/10/09 P/R DEDUCTS-PERA 210. 91 6/08/2009 - 99/99/9999 3,124. 40 TOTAL: 3,569. 90 6/22/09 5700 CTY RD 19 29. 93 6/22/09 5700 CTY RD 19 147. 38 TOTAL: 177. 31 6/10/09 FICA W/H 34. 65 6/10/09 MEDICARE W/H 8. 10 6/10/09 P/R DEDUCTS-PERA 37. 73 6/08/2009 - 99/99/9999 558. 88 TOTAL: 639. 36 6/10/09 FICA W/H 282. 39 6/10/09 MEDICARE W/H 66. 05 6/10/09 P/R DEDUCTS-PERA 273. 90 6/22/09 PARK MTG 06/09/09 230. 00 6/22/09 JUN RENTAL 869. 04 6/22/09 JUN 1 - 12 MEETING 1,980. 00 6/22/09 MIP PERFORMANCE 07/10/09 1,000. 00 6/22/09 MAY PARK SVC 4,516. 01 06-18-2009 02:51 PM C O U N C I L R E P O R T BY DEPARTMENT- JUNE 22, 2009 PAGE: 3 DEPARTMENT FUND VENDOR NAME, DATE DESCRIPTION AMOUNT -PAYROLL EXPENSES 6/08/2009 - 99/99/9999 4,940 .76 TOTAL: 14,158 .15 Unallocated Expenses General Fund AFSCME CO 5 MEMBERS HEALTH FUND 6/22/09 JULY - UNION DENTAL PREM 357 .00 TOTAL: 357 .00 NON-DEPARTMENTAL Public Facility Fu MISC. VENDOR PAULA SAUNDERS 6/22/09 PAULA SAUNDERS:S.S.CTR FIN 200 .00 WENDY CASEY 6/22/09 WENDY CASEY:S.S.CETER REFU 194 .60 TOTAL: 394 .60 Public Facility/Off Eq Public Facility Fu CULLIGAN BOTTLED WATER 6/22/09 S.S.CTR-SOLAR SALT 33 .50 DREW KRIESEL 6/22/09 CLEAN SVC 540 .00 6/22/09 CLEAN SVC - S.S. CTR 198 .00 TOTAL: 771. 50 Park Capital Improveme Park Capital Impro MISC. VENDOR DERMCO-LAVINE CONSTRUC 6/22/09 DERMCO-LAVINE CONSTRUCTION 11,835. 00 TOTAL: 11,835. 00 Equipment Replacement Equipment Replacem WILLIAMS TOWING 6/22/09 2005 HONDA MODEL VT750DC 181. 05 TOTAL: 181. 05 Street Capt Improvemen Street Capital Imp REED BUSINESS INFORMATION 6/22/09 2009 BITUMINOUS MILL 5/29 191. 88 TOTAL: 191. 88 Equipment Replacement City Bldg Project MISC. VENDOR ADVANCED CLEANING TECH 6/22/09 BLG CLEAN FURNACE & DUCTWO 1,055. 00 ALTERNATIVE BUSINESS FURNITURE 6/22/09 CHAIRS 2,533. 37 ALPHA VIDEO & AUDIO INC. 6/22/09 CAMERA INSTALL LABOR 12,397. 25 CLASSIC CLEANING COMPANY 6/22/09 VACUUM & DAMP MOP BASEMENT 360. 00 TOTAL: 16.345. 62 Water Water Utility EFTPS - FEDERAL W/H PERA HAWKINS, INC. SUN PATRIOT NEWSPAPERS MINNETONKA-CITY OF NORTHLAND TRUST SERVICES, INC QWEST SUN NEWSPAPERS -PAYROLL EXPENSES NON-DEPARTMENTAL Sanitary Sewer Uti METRO COUNCIL ENV.(SAC) Sewer Sanitary Sewer Uti EFTPS - FEDERAL W/H PERA METRO COUNCIL ENVMT(WASTEWATER) 6/10/09 FICA W/H 255 .55 6/10/09 MEDICARE W/H 59 .76 6/10/09 P/R DEDUCTS-PERA 286 .64 6/22/09 CHLORIEN CYLINDER 457 .00 6/22/09 HARDING HEARING 06/13 56 .93 6/22/09 02/05/09-05/07/09 WATER 34 .39 6/22/09 02/05/09-05/07/09 WATER 59 .83 6/22/09 02/05/09-05/07/09 WATER 36 .51 6/22/09 BOND INT-2005 WATER BONDS 25,057 .50 6/22/09 BOND INT-2006 WATER BONDS 29,000. 00 6/22/09 JUN SVC 314. 12 6/22/09 JUN SVC 235. 59 6/22/09 HARDING LN/SMTWN WTRMAIN 0 48. 26 6/22/09 DRINKING WATER REPORT 06/1 414. 70 6/08/2009 - 99/99/9999 4,246. 47 TOTAL: 60,563. 25 6/22/09 MAY SAC REPORT 17,820. 00 TOTAL: 17,820. 00 6/10/09 FICA W/H 105. 20 6/10/09 MEDICARE W/H 24. 61 6/10/09 P/R DEDUCTS-PERA 117. 39 6/22/09 JULY WASTEWATER SVC 48,017. 98 06-18-2009 02:51 PM C O U N C I L R E P O R T BY DEPARTMENT- JUNE 22, 2009 PAGE: _ DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOUNT "',PAYROLL EXPENSES 6/08/2009 - 99/99/9999 1,739 .04 TOTAL: 50,004 .22 NON-DEPARTMENTAL Recycling Utility J.R'S ADVANCED RECYCLERS 6/22/09 2009 SPRING CLEAN UP 1,256 .00 TOTAL: 1,256 .00 Recycling Recycling Utility EFTPS - FEDERAL W/H 6/10/09 FICA W/H 5. 41 6/10/09 MEDICARE W/H 1. 27 PERA 6/10/09 P/R DEDUCTS-PERA 5. 90 VEOLIA ENVIRONMENTAL SERVI CES 6/22/09 MAY RECYCLING SVC 6,990. 00 -PAYROLL EXPENSES 6/08/2009 - 99/99/9999 87. 29 TOTAL: 7,089. 87 Stormwater Management Stormwater Managem EFTPS - FEDERAL W/H 6/10/09 FICA W/H 29. 63 6/10/09 MEDICARE W/H 6. 92 PERA 6/10/09 P/R DEDUCTS-PERA 32. 35 E.J. MAYERS INC. 6/22/09 BOR TO INSTALL 12" PIPE 15,900. 00 -PAYROLL EXPENSES 6/08/2009 - 99/99/9999 479. 27 TOTAL: 16,448. 17 NON-DEPARTMENTAL Escrow Deposit Age MISC. VENDOR MICHAEL FANNON 6/10/09 ESCROW - 5625 CHRISTMAS LK 4,500. 00 TOTAL: 4,500. 00 FUND TOTALS 101 General Fund 79,894 .03 401 Public Facility Fund 1,166 .10 402 Park Capital Improvements 11,835 .00 403 Equipment Replacement 181 .05 404 Street Capital Improvemen 191 .88 410 City Bldg Project Svcs 16,345. 62 601 Water Utility 60,563. 25 611 Sanitary Sewer Utility 67,824. 22 621 Recycling Utility 8,345. 87 631 Stormwater ManagementUtil 16,448. 17 880 Escrow Deposit Agency 4,500. 00 GRAND TOTAL: 267,295.19 TOTAL PAGES: 4 Description/Background/Previous Action The Council authorized staff to notify the current contactor that the City will be issuing an RFP for recycling services. Attached is the draft RFP for your review and consideration. We modeled the document after the RFP issued several years ago jointly by several cities. As part of the process we are asking for information on different methods of collection, additional materials and sites. Our timeline is to have the proposals back from vendors on July 24 and have a recommendation to Council by the first meeting in August. Options 1. Accept and approve the RFP as presented. 2. Discuss and refer to staff for additional modifications. 3. Modify the RFP and approve for issuance Recommendation Staff recommends the Council approve the draft RFP. Council Action: City of Shorewood P For Residential Recycling Services 1. 1 P, - - ~T O This request for proposals (RFP) defines the service standards, specifications and proposal requirements of the residential recycling collection program for the City of Shorewood. The City of Shorewood seeks to enter in a recycling contract with a company that has the resources and ability to provide curbside residential recycling services. The City of Shorewood will accept and evaluate proposals for residential recycling services including collection, processing, and marketing. The goals are to: a. Maximize the participation; b. Maximize the amount of recyclable materials collected; c. Achieve the most cost effective solution-, and d. Reduce the amount of waste sent to the Waste to Energy Facility or Landfill. Proposers may alter the requirement within this RI- , P if proposals explicitly describe the change, rational and price implications. For example, the "dual-stream proposal" scenario assumes the City's current diial stream collection/processing method. Proposers may propose a single-stream scenario or they may propose on both options. Each scenario must have a distinctassociatedprice. Proposers may include rc~enue sharing in the pricing t iiuala. This proposal option is present in each of the scenarios. Proposers may also elect to exclude revenue sharing such that their proposed service charges reflect a flat fee approach whereby the -Pr)-rose: into i ick to keep all revenue from the sale of collected material. This RFP does not imply, and should not be interpreted to imply, a proposed set of final contract terms. final contract will be negotiated with the successful contractor(s). This RF1' and the sttccessfal proposal(s) will be a basis for these negotiations. The final contact shall supersede and replace this RFP and successful proposal(s) 'unless agreed to otherwise. Shorewood currently provides weekly curbside collection for all single family households. Collection clays are Wednesday on the "mainland" and Thursday on the islands. The above stated collection days are the same as municipal solid waste (MSW) collection days, and will change only as MSW collection changes. Shorewood uses several forms of communication to promote the recycling and waste reduction program. We have a monthly newsletter, a website, and community access television. The proposer shall work cooperatively with City of Shorewood staff in creating promotional materials for each of these media. Page 1 of 28 City of Shorewood RFP For Residential Recycling Services The current population of Shorewood is approximately 7,625. We have approximately 2,600 residences eligible for the curbside collection. The current program requires residents to separate their materials in to paper products and rigid materials. Paper products collected include: old newspaper (ONP), old magazines including catalogs (OMG), phone books, paperback books, mixed mail/office paper, and notebooks. Rigid materials consist of glass bottles and jars, plastic bottles with a neck, steel/tin food cans, and aluminum cans. A bundle of corrugated cardboard cut or folded into sections no larger than three-feet by three-feet (3' X 3') and bundled with twine or tape is set separate of other materials. Shorewood wants to include additional materials in the program: other materials that can be collected curbside by the Proposer should be included in the submitted proposal. Frequency of collection is weekly. The City of Shorewood is open to considering alternatives to the current dual sort, weekly collection program such as moving to a single sort program. Shorewood residents placed 925.84 tons of material for collection I'll 2008. Paper products made up 669.61 tons (638.84 paper and 30.77 corrugated cardboard). Glass accounted for 182.86, cans 4 3.99, and plastic 32.40. On average, there we're 1,822 stops per week and an average of 17.8 tons collected. Please see Attachment A for a detailed breakdown of 2008 collection ai ounts. II. DEFINITIONS Aluminum Cawns Disposable containers ribricuted primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Contractor (new), The City's recycling service contractor under the new contract beginning operations on January 1, 2010. Curbside The area of ptrljlic right of way between the property line and the curb or edge of the street, but not on the street. Curbside Recycling .Bin(s) Uniform containers or bins (e.g. green plastic tubs) in which recyclable materials are stored and later placed for curbside collection as specified by the City. Also pertains to boxes, bags, or other container used by residents to separate and store materials. Bins may also include wheeled carts similar to those used to store and transport solid waste by the resident to the curbside. Curbside Recycling Service Page 2 of 28 City of Shorewood P For Residential Recycling Services The recycling collection service together with related public education and other customer services specified within this P utilizing curbside recycling pickup. Fiber As part of the collection system, fiber includes at minimum the following: newspaper/print including all inserts and advertisements, household office paper and mail, boxboard, corrugated cardboard, phone books, paper back books, notebooks, brown paper bags, magazines and catalogues. Glass Jars and Bottles Glass jars, bottles, and containers used primarily for packing and bottling of food and beverages. Household Office Paper and Mail Mail, advertisements, office paper, school papers, envelopes, etc. Index Price The RFP - specified, published index price for purposes of calculati,;-revenue sharing. The "index price" shall serve as the basis from which the proposed "margin price" is deducted for caleulatirig the Proposers anloiirnt of net revenue sharing for each commodity. Margin Price The Proposers adjustment off of the Ri l~ ~pucified_p il ,-hed index price. This "Margin Price" may include economic factors such as the cost of processing, transportation of processed products to cid markets, and/or the Proposers profit margin. Markets Any person or company that buys (or charges) for recycling of specified materials and may include, but are not hi-nited to: end-markets, intermediate processors, brokers and other recyclable material re claimers. Ty, Materials Recover Facility (M ) A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. Multi-family Dwelling (MFD) As a general policy, multi-family dwellings (MFD) with eight (8) or fewer units per building shall receive recycling services under this contract. In general, condominiums/townhomes are part of the curbside service. All other multi-family dwellings and buildings are considered commercial property and garbage/recycling collection services are contracted and paid directly by the building owners. Non-Targeted Materials Page 3 of 28 City of Shorewood P for Residential Recycling Services Non-recyclable materials that are not included in the City's recycling program. Examples of typical non-targeted items include, but are not limited to, pumps on plastic bottles, ceramic materials in the glass stream, frozen pizza boxes in paper stream, plastic tubs in the plastic stream, etc. Old Poxboard Items such as cereal, cake, chip, cracker, and other similar boxes. Old Corrugated Cardboard Materials with double wall construction and "corrugated" separation between walls. Does not include plastic, wax, or other coated cardboard material. Old Magazines Glossy and non-glossy magazines and catalogues.' Old Newspaper Newspapers including inserts and newsprint. Plastic Bottles Plastic bottles shaped with a neck. Plastic lids, caps, rings, and pumps are not included. Recyclable plastic bottles shall be identified on the bottom with the Society of the Plastics Industry (SIP) plastic codes t#1 (PTT) and -2 (HDPE) including bottles containing liquor, milk, juice, soft drinks,water. ccrtain Foods, soap, and cosmetics and other non-hazardous waste materials. Process Residuals The normal amount of m_l zials that caiiiiot be economically recycled due to material characteristics such as size. shape, color, cross-material contamination, etc, and must be disposed of" as mixed mnlicipal solid waste (MSW). Process residuals include subcategories ot'process residuals including but not limited to bulky items, contaminants, sortcdtailirngs, floor sweepings, and rejects from specific processing egUiprnent (e.g. materials cleaned tom screens, etc.). Process residuals does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low-value because of depressed market conditions. Processing The sorting, volume reduction, bailing, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. Processing Center A facility where recyclable materials are processed. The facility will conform to all applicable rules, regulations, and laws of the state, local, or other jurisdiction. Proposal Scenario Page 4 of 28 City of Shorewood R-FPForRo.'' `al Recycling Services The various methods the Proposer offers for the collection and marketing of recyclable materials such as dual sort or single sort, weekly collection or bi-weekly collection, use proposer container (bin), inclusion of additional material such as film plastics, organics, textiles, etc, or other innovations that improve Shorewood's program and is cost effective. Proposer (or Prospective Proposer) Company or team of companies under a lead proposer that provide a response to this RFP which are eligible and responsive to the requirements of the RFP. Recyclable Materials or Recyclables The following recyclable materials as defined herein this RFP: aluminum cans; steel cans; glass jars and bottles; plastic bottles with a neck; newspapers; magazines; boxboard; phone books; paperback books; notebooks; household office paper and mail; corrugated cardboard. The City encourages the Proposers to explore environmentally sound and sustainable markets for additional types of recyclable material. Material may be added to this list as part of the proposal or by mutual dth e contractor(L),. written agreement'- ~etween the City are.- Recycled Content Product; Products or goods, including roadbed or oth.:: aggregate products, that are openly marketed and have positive value. Recycled ~,,n'«:nt pt od.ucts do not include use of any commodity as landfill cover. Revenue Sharing The concept of sharing spec] tied amouias of -`net revenue' from the sale of recyclable materials. "Net revenue" as defined in this RFP is the amount of revenue after deducting the proposed `~Margi' ii Prices" from published "index Prices". Current market prices for eacli specified rcc-,-clahle commodity are defied by selected, published market "Index Prices" as specified in this RFP. Steel' Cans Disposable containers fabricated primarily of steel or tin used for food or beverages. Waste Any delivered rccyclabl,•_i uaterial that is deemed by the processor to be unable to be marketed into recycled content products. Typical "waste" in this context includes pumps on plastic bottles, ceramic material in glass streams, frozen pizza boxes in paper stream, etc. Monthly notification of such waste in the City recycling stream should be sent to the City to be used in educational materials and articles. III. GENERAL REQUIREMENTS FOR RESIDENTIAL COLLECTION Proposer Service Requirements Page 5 of 28 City of Shorewood RFP For Residential Recycling Services The Proposer agrees to provide residential recycling services to all single-family households, other multi-family dwellings (MFD) in the City of Shorewood as defined in Section II, and selected municipal facilities as defined in Section 111. Proposer Licensing Requirements Haulers of recyclable materials must have a license issued by the City of Shorewood as governed by appropriate City Code. Collection Vehicle Equipment Requirements All collection vehicles used in performance of the contract shall be duly licensed and inspected by the State of Minnesota and shall operate within the weight allowed by Minnesota Statutes. In the case of recycling, appropriate container vehicles shall be used that are in proper working condition and that prevent loss in transit of liquid or solid cargo All vehicles shall be kept clean and as free fron7 offensive odors as possible. Each collection vehicle shall be equipped with the following: a. Two-way communications device b. First aid kit e. An approved 2AlOBC Dr-v Chemical Fire Extinguisher d. Warning flashers e. Warning alanns to indicate movement in reverse f. Sings on the rear of the vehlclc which states "Tlds Vehicles Makes Frequent Stops" g. A broom anti a shovel for cleaning tip spills. All of the required equipment must be in proper working order. All vehicles must be maintained in proper wonting order. All vehicles must be clearly identified on both sides with Proposer's name and telephone number. Personnel Requirements Proposer shall retain sufficient personnel and equipment to fulfill the requirements and specifications of the services described in this RFP. The Proposer will provide a Route Supervisor toovcrsee the recycling route drivers servicing the City. The Route Supervisor will be available to address customer complaints each day. The Proposer shall have on duty Monday througli Friday from 7:00 a.m. to 5:00 p.m. a dispatch customer service representative to receive customer calls and route issues. The Proposer shall provide a 24-hour answering service line or device to receive customer calls. The Route Supervisor and all collection vehicles must be equipped with 2-way communication devices. Proposer's personnel will be trained both in program operations and in customer service and insure that all personnel maintain a positive attitude with the public and in the work place and shall: a. Conduct themselves at all times in a courteous manner and use no abusive or foul language. Page 6 of 28 City of Shorewood. P for Residential Recycling Services b. Perform their duties in accordance with all existing laws and ordinances and future amendments thereto of the Federal, State of Minnesota and local governing board. c. Be clean and presentable in appearance, as so far as possible. d. Wear a uniform and employee identification badge or name tag. e. Drive in a safe and considerate manner. f. Manage containers in a careful manner, by picking them up, emptying their contents into the collection vehicle, and placing-not throwing or sliding-the container back in its curbside location so as to avoid spillage and littering or damage to the container. g. Monitor for any spillage and be responsible for c? caning up any litter or breakage. h. Avoid damage to property. i. Not perform their duties or operate vchicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. j. Be in possession of a valid Minnesota CDL. Point of Collection Except for the municipal facilities aid selected multifam i ly dwellings, all recyclable material collection service will occur at the curbsidc. Recycling Containers Dual-Stream Collection The City has made 'recycluig'.;untainers a, ~;ilablc iw participants in the dual-stream curbside recycling program. Recycling containers shall not be a prerequisite to participate in the recycling program. Other container types such as brown paper grocery bags, boxes, and bins are acceptable to the extent that route drivers readily recognize them as containing recyclable materials. Single-Stream Collection Proposcr shall provide containers for use in single-stream collection programs. The Proposer will maintain di i inventory of new and replacement containers and will be required to service and repair damaged containers. Proposer shall maintain sufficient cart inventory of various sizes to meet supply and demand needs for the entire term of the contract. The standard cart size shall be approximately 60-gallons. The carts shall be uniform and consistent in color and design and have a recycling symbol and an attached instruction label approved by the City, so it can be easily identified by the resident/customer and the Proposer Driver as the container for recyclable materials collection. Thirty and ninety-gallon carts of similar design shall be provided to residents who request a different level of service. Additional carts will be provided at no extra charge to residents who request them. Page 7 of 28 City of Shorewood P for Residential. Recr-'= vices Each cart will be delivered with a package of recycling infon-nation provided by the Proposer and approved by the City explaining what and how to recycle using the single- streazn method. The Driver is required to record and report to Proposer dispatch the location of any cart that is damaged and that cart shall be repaired or replaced by the Proposer or designated subcontractor within one (1) week of the report of damage. Collection Dual-Stream Collection Items shall be placed in curbside recycling bins, brown paper bags, or any other container that can reasonably be identified as containing recyclable materials. Containers shall be placed at the curbside, by 7:00 a.m. on the designated collection day. On the designated collection day, Proposer shall empty all acceptable materials from curbside container and any acceptable materials that are placed adjacent to container, and shall replace container at curbside, Single-Stream Collection Recycling carts shall be placed by the residents at curbside by 7:00 a.m. on collection day, with the handle toward the house and the lid opening toward street. The Proposer shall collect from each participating household, all acceptable nidterials that have been prepared according to publicized procedures. The driver is required to place the emptied cart back down in the same curbside location as set by the resident. In no case is the cart to be left in the street. City Retains Right to Specify Resident Preparation Instructions The Proposer shall agree that it is the Cities sole right to clearly specify the resident sorting and setout regairements. Such information shall be included in the Cities annual public education flyers and web pages, as well as any public education pieces distributed by the Proposer as detailed Publicity, Promotion and Education later in this section. Procedure for lJfl"neceptable Recyclable Materials If Proposer deterrnhies that a resident has set out unacceptable or non-targeted recyclable materials, the driver shall use the following procedures: Driver Education Tag Proposer shall leave the non-targeted materials in the resident's curbside recycling bin and leave a city approved education tag indicating acceptable materials and the proper method of preparation. Recording Addresses with Unacceptable Materials The driver shall record the address on forms acceptable to the City. Proposer shall report the address to the individual City contact at the end of each collection week. Page 8 of 28 City of Shorewood P For Residential Recycling Services If this procedure for handling non-targeted materials is not feasible for single-stream collection systems, the Proposer must so specify and explain alternative public education system to maintain and improve quality of recyclable materials set out by residents. Collection Days Current Collection days are Wednesday for mainland areas of the City, and Thursday for the Island properties. Pick-ups are delayed one day for major holidays as designated by the Proposer by December 1 of the year prior to collection. The City will advertise holiday pick-ups on their website and in the City newsletter. Collection Hours Proposer shall maintain sufficient equipment and personnel to assure that all collection operations commence no earlier than 7:00 a.m. and are completed by 6:00 p.m. on the scheduled collection day. Cleanup Responsibilities Proposer shall adequately clean up any materials spilled or blown during the course of collection and/or hauling operations. As stated prior, allcollection vehicles shall be equipped with a broom and shovel fo use in cleaning up' any spills. Any unacceptable materials left behind should be securedi-within resident's recycling container, if provided. Driver shall take all precautions possible to prevem ' 1 itering of unacceptable recyclable materials. Proposer shall have no responsibility tO Iany items that are not recyclable material. Missed Collections l'uilcy and Procedures,., In the City public education information, residents will be directed to call the Proposer for missed collection and other service issues. The Proposer shall design ~._iAaf~f p(- i , on as an account representative for the City of Shorewood. A direct phone number (e.g., cellular phone, etc.) shall be provided for City staff to use for purposes of connmunicating immediate service needs. The Proposer shall also designate a back-up contact person; including a corresponding second, direct phone number. These Proposer phone numbers will not be published in public education literature, but rather used by City administrative staff. The Proposer shall have a duty to pick up missed collections. Proposer agrees to pick up all missed collections on the same day that the Proposer receives notice of a missed collection, provided notice is received by Proposer before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, Proposer agrees to pick up that missed collection received after 11:00 a.m. on a business day. Proposer agrees to pick up that missed collection before 6:00 p.m. on the business day immediately following. Proposer shall provide staffing of a telephone-equipped office to receive missed collection complaints between the hours of 7 am and 5 pm on weekdays, except holidays. Page 9 of 28 City of Shorewood R_FP For Residential Recycling Services The Proposer shall have an answering machine or voice mail system activated to receive phone calls after hours. Proposer shall keep a log of all calls after hours. Proposer shall keep a log of all calls, including the subject matter, date and time received, the Proposer's response and the date and time of response. This information shall be provided to the city in a monthly report. Non-Completion of Collection and Extension of Collection Hours If Proposer determines that the collection of recyclable materials will not be completed by 6 pm on the scheduled collection day, Proposer shall notify the city contact person by 4 pm, and request an extension of collection hours. Proposer shall inform the city of the areas not completed, the reason for non-completion, and :the clpected time of completion. Severe Weather Recycling collections may be postponed due to scvere weather at the sole discretion of the Proposer. Upon postponement, collection will be made on a day agreed upon between the Proposer and the city. Annual Recycling Calendar, Holidays The city shall publish the yearly calendars including alternate collection days, with assistance from the Proposer. Holidays refers to any of the following: New Year's Day, Memorial Day, Independence Day, l-abor Day, Thanksgiving Day, Christmas Day and any other holidays mutually agreed to by the city and the Proposer. Weighing of Load,; Proposer will keep accurate` records consisting of an approved weight slip or electronic equivalent with the date, time, collection route.' driver's identification, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. Collection vehicles wilt be weighted quarterly or semi-annually to obtain a tare weight. Paper or electronic versions of each, weight ticket shall be maintained on file by the Proposer for at least three years in the event of an audit by the city. Unauthorized Collection: Only a licensed recycling h, -titer under contract with the city or with the property owner shall collect, remove, or dispose of recyclables after they have been set out for collection. The city's recycling Proposer's employees may not collect or scavenge through recycling in any manner that interferes with the contracted recycling services. The Proposer shall report to the city any instances of suspected scavenging or unauthorized removal of recyclable materials from any collection containers. Utilities The Proposer shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Proposer's operations, under the executed contract, he/she shall repair or replace same, or failing to do so promptly, the city shall cause repairs or replacement to be made and the cost of doing so shall be deducted from payment to be made to the Proposer. Page 10 of 28 City of Shorewood R-FP F'or Residential Recycling Services Damage to Property The Proposer shall take all necessary precautions to protect public and private property. Except for reasonable wear and tear, the Proposer shall repair or replace any private or public property, including, but not limited to sod, mailboxes, or recycling bins, which are damaged by the Proposer. Such property damage shall be addressed for repair or replacement, at no charge, to the property owner, within forty-eight (48) hours with property of the same or equivalent value at the time of the damage. If the Proposer fails to address the repair or replacement of damaged property within forty-eight (48) hours, the City may, but shall not be obli6ated to, repair or replace such damaged property, and the Proposer shall fiilly reimburse the City for any of its reasonably incurred expenses. The Proposer shall reimburse the City for any such expenses within ten (10) days of receipt of the City invoice. Municipal Facilities The Proposer will provide free recycling cai t s. vice to each municipal building/facility listed. In general, the Proposer will provide wl;eelcd carts'.`: 1,h lids or other mutually agreed upon containers to facilitate that service. The costa ii,~rs shall be labeled by the Proposer with appropriate stickers to identify the acceptable recyclable commodities. Municipal Facilities to R6'ceive Ret-,teo,g Service City Hall 5755 Country Club Road mLved par)--r, arts glass, plastic, cardboard Southshore Center 5735 Country Club Road mixed pad, ~r, ear;s~'i glass, plastic, cardboard Public Works 24200 Smithtown Road niL ed paper, cans; glass, plastic, cardboard Cathcart Park 16655 W. 62nd Street carts, glass, p,~astic containers Freeman Park 6000 Eureka Road cans, glass, plastic containers Silverwood Park 5755 Covington Road cans, glass, plastic containers Badger Park 5745 Coantfy Club IRoa cans, glass, plastic containers Manor Park 0630 Manor R(! cans, glass, plastic containers South Shore Park * 1355 ,St. Alban's hay nw cans, glass, plastic containers *Only requires recycling services Afay through October; not allparks will require weekly pick-up. Proposer and City will agree upon a fnutually agreeable pick-tip schedule and bin location according to park needs. Adjustments may be made to pick--up frequency throughout the season as needed for park events and park triage. Reports and Meetings ~Materials Reports ® The Proposer will report, on a monthly and yearly basis, the following information regarding the City recyclable materials quantities (in tons): ® Number of curbside recycling "stops" (i.e., number of households with recyclables set out of the curb) per collection (i.e., weekly or bi-weekly stop count); ® Gross amounts of materials collected, by recyclable material; ® Net amounts of materials marketed, by recyclable material; ® Amounts of process residuals disposed; ® Composition of process residuals disposed; and, Revenue share credits back to the City (if any). Page 11 of 28 City of Shorewood R_FP For Residential Recycling Services Monthly Customer Relations Report Each month the Proposer shall provide the City with the following reports: ® A list of all customer complaints, including a description of how each complaint was resolved. • A list of all addresses where education tags were left for residents and why the tags were left. • A list of all missed pick-ups reported to the Proposer. The monthly reports shall be sent by mail, fax orcmail to the City- contact person(s). Annual Performance Review Meeting Upon receipt of the Proposers annual report, the City shall schedule an annual meeting with the Proposer. The objectives,of this annual m ain will include (but not be limited to): ® Review Proposer's annual report, inchudinr, lr~r,.1s in recovery rate and participation. ® Efforts the Prorr)ser, has made to ,_iii r~_cyclab.. rl);it-kets. ® Review Proposer's performance based onfcedback f, oja. esidents to City staff. ® Review Proposer's recommendations for improvement in the City recycling program, including, cnhaliced public' education and other opportunities. ® Review staffrecornniendations for 1ruproving Proposer's service. ® Discuss other opportunities for M Cpl,- wenlent with the remaining years under the current contract. Publicity, Promotion and Education City provided Public Education The City shall prepare and distribute recycling information to residents each year. For example, the City may produce brochures with the annual calendar of recycling collection dates, include article's in their municipal newsletter, and/or include recycling instructions on their deb site. Proposer provided Public Education The Proposer shall conduct its own promotions and public education to increase participation and improve compliance with City-specified resident preparation instructions. At a minimum, this shall include distribution of resident education tags to be left by curbside collection crews if any non-targeted material is rejected and left at the curb. The Proposer shall submit a draft of any public education literature for approval by the City at least one (1) month before printing and distribution of any such literature. Page 12 of 28 City of Shorewood P For Residential Recycling Services Proposers are encouraged to specify additional public education tools that the Proposer will provide. If the Proposer chooses to distribute its own public education information, the City contact person(s) must first approve the educational materials. Proposers are encouraged to work with the City in developing innovative financial incentives that will help residents, businesses and institutions increase their recyclables and decrease their mixed solid waste. IV. MATERIALS PROCESSING D MARKE TING Processing Facilities Must Be Specified It is intended that all recyclable materials collected by the Proposer will go to recycling markets to be manufactured into recycled content products. The Proposer shall assure the City that adegru:i recyclable material processing capacity will be provided for material collected. The proposals must clearly sped ry the location(s) of its recyclable materials processing facility (or subcontractor's facility) where material collected from the City will be delivered and/or processed. The Proposer shall,°provide written notice to the City at least 60 days in e of any substantial change in these or subsequent plans for receiving and processin , i ~ c 1,t:)le materials collected from the city. Upon collection, the uit. Pioposer shall deliver the desibnat,-,l recyclable materials to a recyclable material processitlc.11 center, an entl market for sale or reuse, or to an intermediate person to tralsport for disposal oi- to dispose of designated recyclable materials in a mixed nniinicipal solid was-1c J 1.-T 'sal facility. Proposer sliall assure that all recyclable materials collected in the City are not landfilled, composted or incinerated except for process residuals as defined in Section II of this RFP. The Proposer shall dispose of no more than 7% of material (by weight) as process residuals as part of recyclable materials processing operations. No recyclable materials will be landflled, composted or incinerated by the Proposer without written authorization from the City and the Minnesota Pollution Control Agency/Office of Environmental Assistance. Lack of Adequate Market Demand In the event that the market for a particular recyclable material ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular material, the Proposer shall give written notice to the City. The notice shall include information demonstrating the effort the Proposer has made to find market sources, and the financial information justifying the conclusion that the market is economically unfeasible. At such conclusion, the City and the Proposer will both agree in writing that it is no longer appropriate to collect such item before collection ceases. Page 13 of 28 City of Shorewood P For Residential Recycling Services Estimating Tonnage of Recyclables by City The Proposer shall provide a clear description of the means used to calculate recycling tonnage. Assumed rates and calculation methods shall be included in the proposal. Estimated Materials Composition as Collected The Proposer shall conduct at least one materials composition ,malysis of the City's recyclable materials each year to estimate the rotative amount by weight of each recyclable commodity by grade or offer a suitable alternative to a composition analysis. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2.) relati,,~e change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route used for sampling. The Proposer shall provide the City with a copy of each analysis. City staff will help coordinate the sampling and shall be invited by the Proposer to be present for the sorting. Estimating Process Residuals The Proposer shall provide the City a wrizLezr description olLine means to estimate process residuals, as defined in Section tl; derived from the City's recyclable materials. This written description sliallbe rcy,iewed'and approved in writing by the City. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Proposer immediately after any significant changes to the processing facilities used by the Proposer. Performau ce Monitoring The City will ni'onitor the performance of the Proposer against goals and performance standards required'within this I`FP and in the contract. Substandard performance as determined by the City «ill constitute non-compliance. If action to correct such substandard performance is not taken by the Proposer within 60 days after being notified by the City, the City may initiate the contract termination procedures. End Market Certification The Proposer shall provide written certification to the City that all recyclable commodities identified will continuously be recycled and not dispose. Upon request, the Proposer shall provide the City with adequate documentation that all recyclable commodities have been recycled. V. PAYMENT AND DAMAGES Page 14 of 28 City of Sl od RF,P For Residential av 3ycling Services C(_ . _ for Services The City agrees to pay the Proposer for recycling collection services provided to the City as described in the Proposer's proposal, and made part of an executed contract, based on the number of household units certified by the City. By November I of each year, the City will review the number of certified units and notify Proposer of any changes. Proposer shall submit itemized bills for recycling collection services provided to the City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to the City. The Proposer shall submit the monthly documentation and reports as detailed in Section III with the monthly bill. Payment to the Proposer will- not be released unless the required paperwork is included in the monthly bill or submitted separately according to the deadlines as specified in Section III. Revenue Sharing All qualified proposals shall state explicitly if the Proposer elects to participate in revenue sharing with the City. If a City awards its contract to a Proposer that elects to propose revenue sharing, and if the final contract negotiated includes revenue"'sharing, the proposer shall, on a monthly basis, rebate an amount to that City based on a mutually agreed upon formula. The primary revenue sharing scenario for purposc< of this P, IT consists of the following formula: I . A per ton payment of all paper grades coiiceted frouu the City based on the published paper "Index Price" less their. proposed paper "Margin Price" per ton picked up). The published paper "Index Price" shall be the WasteNews.com adjunct.counniodity pricing, service: ««-w:SecondaryFiberPricing com, Midwest/Central Region,Gradc: PS48 -Special De-ink Quality News, high-side of range, last publishcdprice of the month. 2. A per ton payment of alurlinurn collected from the City based on the published aluminum "Index Price" less their proposed aluminum "Margin Price" per (cents per pound, delivered). 'the published aluminum Index Price shall be the WasteNews.com adjunct commodity pricing service www.Secoiicl~ rvMaterialsPricingcom, Chicago (Midwest/Central) Metals: Aluminum cans (sorted, baled), last published price of the month. 3. A per ton payment of steel cans collected from the City based on published steel cans "Index Price" less their proposed steel cans "Margin Price" per (cents per pound, delivered). The published steel cans Index Price shall be the WasteNews.com adjunct commodity pricing service www SecondaryMaterialsPricinp.com, Chicago (Midwest/Central) Metals: steel cans (sorted, baled), last published price of the month. 4. A per ton payment of plastic bottles collected from the City based on the published plastic bottles "Index price" less their proposed plastic bottles "Margin Price" (cents per pound, picked up). The published, index price shall be the Page 15 of 28 City of Shorewood P For Residential Recycling Services WasteNews.com adjunct commodity pricing service www.SecondaryMaterialsPricing.com, Chicago (Midwest/Central) Plastics (baled): PET, Natural FIDPE, and Colored EIDPE. Plastic bottles composition of sub-grades is assumed to be: 50% PET, 25% Natural HDPE, 25% colored FIDPE, last published price of the month. If Proposers elect to propose revenue sharing, Proposers must state on the price worksheet (Attachment C) their individual commodity "Margin Prices" to be used for calculating the "net revenue share" to the City for each Commodity. If a revenue sharing component is offered for any commodity; each month the Proposer shall provide adequate documentation of the revenue sharing rebate calculation, including monthly estimates by the City of: tons for all commodities, monthly index prices, margin prices, and total net revenue share amounts. The City understands that at times of poor market conditions, net revenues may equal zero, but shall not go negative. The City shall not be charged for net revenue sharing, only credited or neutral (e.g., $0 per ton). i.e., the Margin Price shall serve as the effective "floor price" for net revenue by commodity. The Proposer shall provide copies of the referenced Mill}fished Index Prices arid with each monthly invoice statement. The Proposers shall clearly describe their meaibs for allocating recyclable tonnage by City in their proposals. The Proposers shall also provide a detailed explanation of how the tomiage "split" estimates will be calculated for each commodity. Liquidated Damages The Proposer shall agree, in addition to any utller remedies available to the City, that the City may withhold payment from the Proposer in the amounts specified below as liquidated damages for failure of the Proposer to fulfill its obligations. The foltowing acts or omissions shall be considered a breach of the contract: a) Failure to respond to lcgitiinate service complaints within 24 hours in a reasonable and professional ma'''Ir"rer--$50 per incident. b) Failure to collect properly notified missed collections-4250 per incident. c) Failure to provide monthly and annual reports-4100 per incident. d) Failure to complete the collections within the specified timeframes--$100 per incident, e) Failure to clean up spills during collection operations--$250 per incident. f) Failure to report changes in location of recyclable materials processing operations-4250 per incident. g) Exceeding the maximum process reject rate--$1000 per exceedence (defined as a percentage of total weight) h) Failure to receive City's written approval of changes to the recycling collection and processing systems prior to implementing any such change--$5000 i) Failure to conduct annual composition analysis or agreed upon alternative--$5000 per incident. Page 16 of 28 The Proposer shall be liable for liquidated damages amount(s) upon determination of the City that performance has occurred that is not consistent with the provisions of the contract. The City shall notify Proposer in writing or electronically of each act or omission discovered by the City. It shall be the duty of the Proposer to take whatever steps or action may be necessary to remedy the cause of the complaint. The city may deduct the full amount of any damages from any payment due to the Proposer. The remedy available to the City under this paragraph shall be in addition to all other remedies which the City may have under law or at equity. Exceptions: For the purposes of this RFP and subsequent contract, the Proposer shall not be deemed to be liable for penalties where its inability to perform recycling collection service is the result of conditions beyond the control of the Proposer, including but not limited to civil disorder, acts of God, inclement weather severe enough tti4t,trucks cannot safety take collections, provided, however, that the Proposer shall obtain the approval for the delay from the City contact person(s) or their designee prior to 4 p.m. of the scheduled collection day. VI. INSURANCE AN OTHER LEGAL REQUIREMENTS Insurance Insurance secured by the I' poser shall be issued by insurance companies acceptable to the City and admittcd in ~vIinnesota.,The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract acid shall remain continuously in force for the duration of the contract. The Proposer must obtain the following insurance coverage with these minimum levels of coverage: Worker's Cornperisation Insurance Statutory Proposer's Public Liability insurance $500,000 each/person; $1,000,000 each/occurrence Property Damage $500,000 each/person; $1,000,000 each/occurrence Automotive Insurance: $1,000,000 aggregate Worker's Compensation The Proposer shall provide evidence of Workers Compensation insurance covering all employees of the Proposer and subcontractors engaged in the performance of the contract in accordance with the Minnesota Workers Compensation Law. Employee Working Conditions and Respondent's Safety Procedures The Proposer will ensure adequate working conditions and safety procedures are in place to comply with all applicable federal, state and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working Page 17 of 28 City of Shorewood RFP For Residential Recycling Services conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. Equal Opportunity During the performance of the executed contract, the Proposer, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor Regulations 41 CFR, Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Proposer shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such prohibition against discrimination shall include, biit not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. In the event of noncompliance with the non-dise'rimination clauses of this contract, this contract may be canceled, terminated, or suspended in whole or part, in addition to other remedies as provided by law. Compliance with Laws and Regulations In providing services hereunder and in the executed contract; the Proposer shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of the executed contract. Governing EavSr The laws of the State of Minnesota shall goy;crn all interpretations of this contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, r ;sidcnce or incorporation of the Proposer. Waiver Any waiver by either party of breach of any provisions of the executed contract shall not affect, in any respect. the validity of the remainder of the executed contract. Termination The City may cancel the contract if the Proposer fails to fulfill its obligations under the contract in a proper and timely manner, or otherwise violates the terms of the contract if the default has not been cured after 90 days written notice has been provided. The City shall pay Proposer all compensation earned prior to the date of termination minus any damages and costs incurred by the city as a result of the breach. If the contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Proposer as specified in this RFP shall, at the option of the City, become the property of the City, and the Proposer shall be Page 18 of 28 City o:`S' ° v7od P For Residential cycling Services entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Severalbility The provisions of the executed contract are severable. If any portion hereof and in the executed contract is, for any reason, helped by a court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the same contract. Accounting Standards The Proposer agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses under this contract. Retention of Records The Proposer shall retain all records pertinent to expenditures incurred under this contract for a period of three eyras after the resolution of all audit findings. Records for non- expendable property acquired with funds under this contraci shall -e retutuedi for three years after final disposition of such property. Data Practices The Proposer agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Proposer must immediately` report to the City any requests from third parties for information relating to the contract. The City agrees to promptly respond to inquiries from the Proposer concerning data requests. Tl e Proposer agrees to hold the City, their officers, and employees harmless from any claims resulting from the Proposer's unlawful disclosure or use of data protected- under state and federal laws. Only the company names of Proposers submitting proposals will be made public. All proposal documents shall be held as confidential until the City Counci l awards anew contract and authorize staff to execute the new contract. Inspection of Records and Disclosure All Proposer records with respect to any matters as specified in this RFP and subsequent contract agreements shall be made available to the City or their duly authorized agents at any time during normal business hours, as often as the City deems necessary to audit, examine and make excerpts or transcripts of all relevant data. . Any reports, information, data, etc. given to, prepared, or assembled by the Proposer under a fixture contract shall not be made available by the Proposer to any other person or party without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, photographs, and reports prepared by the Proposer shall become the property of the City upon termination of the City's contract with the Proposer. Independent Contractor Page 19 of 28 City of Shorewood P For Residential Recycling Services Nothing contained in this P is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Proposer shall at all tunes remain an independent Contractor with respect to the services to be performed under this contract. Any and all employees of Proposer or other persons engaged in the performance of any work or services required by Proposer under this contract shall be considered employees or subcontractors of the Proposer only and not of the City; and any and all claims that might arise including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf or said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Proposer. Transfer of Interest The Proposer shall not assign any interested in thc contract, and shall not transfer any interest in the contract either by assigmnent or novation, without the prior written approval of the City. The Proposer shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be orounds for itninediate contract termination. Non-Assignability The parties hereby agree the Proposer shall have no right to assign or transfer its rights and obligations without written approval from the Cite. Bankruptcy In the event the Proposcr, i~~ ~i ~.ccessors or assigit~ files for Bankruptcy as provided by federal law, the recycling ser, ice agreement shall be immediately deemed null and void relieving all parties of their contract rights and obligations. Indemnification The Proposer agrees to defencl, indemnify and hold harmless the City, their officers and employees, from any liabilities.. claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Proposer, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract or by reason of the failure of the Contractor to fully perform, in any respect any of its obligations under this contract. If a Contractor is a self- insured agency of the Suite of Minnesota, the terns and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. Performances and Payment Bond Proposer shall execute and deliver to each City a Performance and Payment Bond with the corporate surety in the sum of $25,000 or equal ("equal" may include a Letter of Credit from a banking institute approved by the City). The contract shall not become Page 20 of 28 City of Shorewood. R,FP For Residential Recycling Services effective until such a bond, in a form acceptable to the City, has been delivered to the City and approved by the City Attorney. The executed contract shall be subject to termination by the City at any time if said bond shall be cancelled or the surety thereon relieved from liability for any reason. The term of such performance bond shall be for the life of the executed contract. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. Conflict of Interest Proposer agrees that no member, officer, or employee of the City shall have any interest, direct or indirect, in the executed contract or the proceeds thereof. Violation of this provision shall cause the executed contract to be nut! and void and the Proposer will forfeit any payments to be made under the executed contract. Entire Contract The future, executed contract supersedes all verbal agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agrcenients presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions. or waivers of the provisions of the executed contract shall be valid only when expressed iri w~riting and duly signed by the parties, unless otherwise provided herein. Contract Conditions The City reserves the right to waive minor irregularities iir ttia proposal documents and to reject any or all proposals. "hhe City reserves the right to enter into a contract with a Proposer who does not submit the lowest cost proposal. The Proposer sbatl be required to exccutethe City contract and to fulfill the requirements contained within it. The Bond and Certificate of Insurance shall be provided when the contract is executed. No proposal can be withdrawal before 60 days after the date for submission of proposals. The Proposer shall review and return signed copies of the contract within 30 days of receipt of the contract. VII. TERM OF CONTRACT The term of the new recycling contracts for the City of Shorewood will be a period of thirty-six (36) months from January 1, 2010 through December 31, 2012. VIII. SUBMITTING PROPOSALS Notification of Intent Page 21 of 28 City of Shorewood I` `dential Recycling Services Prospective Proposers interested in responding to this RFP shall notify the City in writing (emails or faxes are acceptable) of their interest in proposing. Notifications of intent shall be sent to: Brian Heck, City Administrator 5755 Country Club Road Shorewood, MN 55331 FAX: 952.474.0128 Email: bheck(a~ci.shorewood.mn.us Notifications shall include name, title, address, phone number, email address and an itemized list of each Prospective Proposer intends to submit proposals to. Notification of intent must be made by Friday, July 3, 2009. Requests for Clarification Questions, requests for clarification or requests for information about this RFP or process must be submitted in writing to the City Administrator by Wednesday, July 8, 2009. All questions and requests for more information and the City response will be summarized in writing and forwarded to all other qualified Proposers prior to Friday. July 17, 2009. Any other unauthorized contract with other City staff or City Council memberswill subject the company to disqualification from further consideration. This restriction will be in effect from the date this RFP is finalized and released through the date of final contract award (including authorization for execution) by the City Council. Proposers May Team with Other Companies It is recognized that some prospective haulers may wish to subcontract with other companies for processing scndces. This is allowed as needed, but all such Proposer- subcontractor relationships mitst be explicitly described in each proposal scenario. The City will only contract with one primary Contractor for the recycling services. Multiple Proposers may team ap with other comp4mentary hauling or recycling companies provided there is no collusion. A company may be listed as a part of more than one team as long as this company submits a written certification that no collusion occurred between competing proposals. How to Submit Proposals Proposals shall be submitted to the City of Shorewood City Administrator no later than Friday, July 24 to be considered eligible. Proposals shall be submitted in a sealed envelope with the naine of the proposing company on the outside and addressed as follows: Recycling Services Proposal c/o Brian Heck, City Administrator 5755 Country Club Road Shorewood, MN 55331 Proposals will be treated in accordance with Mn. Statutes 13.591, Subdivision 3 (b), Data Practices Act. Page 22 of 28 City of ad RFP For Residential cycling Services Proposal Content Qualified proposals must include at least the following elements: ® Statement of Proposer qualifications, including at least three references (contact names and phone numbers) of other municipal clients in the Twin Cities metropolitan region receiving similar services. • List of Principal Officers' names, addresses rind contact numbers (telephone, email, fax). ® List of materials proposed to be collected (if different from Section 3.22) and a discussion and rationale for any proposed changes to the City's standard list of recyclable materials. ® Completed price worksheets (see Attacluncnt C). ® Copy of an education tag as described in Sectib'il 4.9. • Description of operations at materials processing facility where recyclable materials will be taken including location, hours of operation and capacity. ® Description of how stop counts (i.e.; nuinaber of set-outs per collection will be tallied. ® Description of how recyclable toj~naves will be allocated to each City (e.g., a standard assumed amount per stop. etc.) ® Description of how recyclable material -splits" by conunodity will be calculated, including aiw acnial composition/sorting analyses. ® Description of how process residuals amounts and composition will be estimated. • Description ofexperieriec providing recycling collection services at community clean-up/recycling events. Dual-Stream Collection Proposal Scenario The City's current weekly dual-stream collection and processing systems comprise the base proposal scenario for purposes of this RFP. If prospective Proposers propose under the dual-stream scenario, they should assume materials would be both collected and processed in a dual-stream mode. Under this dual-stream scenario, residents will be instructed to separate recyclable materials into three groups of materials: (1) all rigid containers including: glass, metal and plastic bottles; and (2) all paper fiber products including: old newspaper (ONP), old magazines (OMG) including catalogs, old corrugated containers (OCC), household office paper and mail (HOPM), old boxboard (OBB), phone books, paperback books, and notebooks; (3) corrugated cardboard in tied or taped bundles no larger than three-feet by three-feet (3' X 3') in size. It is not acceptable to propose to collect materials in a dual-stream mode and then process them in a single-stream mode. This means that Proposers should not plan to combine papers and rigid containers into the same compartment on the truck, or in the same Page 23 of 28 City of Shorewood RFP For Residential Recycling Services storage bunker at the processing facility; however, Proposers may "campaign" each stream separately up the same processing line (e.g., conveyors/sorting system) and thereby maintain the integrity of the dual stream design. If the City awards a dual-stream service contract under this scenario, the new Contractor shall not make any changes to either of these dual-stream collection or processing systems without written approval of the City. Other design and operating details of the current collection processing and public education system are assumed within this dual- stream scenario. Proposers may propose variations to this scenario. Single-Strew Collection Proposal Scenario Prospective Proposers may propose a new, weekly, single-stream collection and processing system as an alternate to the City's current dual-stream system. Proposers should propose this under this single-stream scenario to collect and process the residential curbside material within the fo17n of a single-stream system whereby residents will be instructed to commingle all groups of recyclable materials. If prospective Proposers propose under this single-stream proposal scenario, they must provide an explicit description of the following collection design details: Cart size and other specifications. ® The portion of the monthly cost charged to the City for the rental of carts. ® Desired residents' material preparation and setout instructions (e.g., if corrugated cardboard is to be placed in the singte-stream cart. location of carts, etc.) • Any other collection system design and operational elements the City will need to fully understand the single-stream proposal. Bin Collection If the City accepts the Contractor's single-stream proposal, the Contractor agrees to coordinate the picl,-up ofused bins From resident's homes with the delivery of the new carts and deliver Lindesignated bins to Choice Plastics in Mound, MN, or other City- designated recycling facitity for recycling. Bills designated for resale will be delivered to a site designated by City personnel. Alternative, Proposals Proposers may submit alterative proposals that are different from the above RFP- specified dual stream or single stream designs. These alternative proposals must include explicit descriptions in a similar level of detail as provided within this RFP for the RFP- specified scenarios and corresponding price worksheets. Price Worksheet Prospective Proposers must complete a price worksheet as part of each proposal they submit (see Attachment C for worksheet). In addition, Proposers may complete and additional alternate price worksheet if their proposed system does not fit into one of the other scenarios. Proposals May Be Rejected in Whole or Part Page 24 of 28 City of Shorewood R,FP For Residential Recycling Services The City reserves the right to reject any or all proposals or parts of proposals, to negotiate modifications of proposals submitted, to accept part or all of the proposals on the basis of consideration(s) other than proceeds or cost, and to negotiate specific work elements with a respondent into a project of lesser or greater expense and reimbursement than described in this RFP or the respondent's reply. P.and Proposal to Become Part of Final Contract The contents of this RFP, the successful proposal, and any written clarifications or modifications to the contents thereof submitted by the successful Proposer may become part of the contractual obligations and be incorporated by reference into the ensuing contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. CONTRACTOR SELECTION PROCESS Contractor Selection Process ® To the best of the ability, the City will use the following process for its decision- making: ® City staff will review and analyze the details of the qualified submitted proposals (see Section 10.2, "Evaluation Criteria"), Tlie City reserves the right to! ask Proposers for additional inforinationMarification to better understand the proposals. City staff will recommend the top two (2) Proposers, in rank order of priority, to each City Council. ® City staff will negotiate with the top ranked Proposer. If negotiations with top- ranked Proposer are not successful, the City may thcil initiate negotiations with the second ranked Proposers, and so on. • Once a draft contract has been successfidly negotiated, City staff will present its recommendations to each City Council: The City Council may then award the contract and authorize staff to eXecute it. The new recyclin(y contract wii 1 commence on January 1, 2010. Evaluation Criteria The City NTi11 objectively evaluate the proposals submitted to determine the best value for the City and its, residents. A comprehensive set of criteria will be used to quantify the merits of each proposal package, including (but not limited to): ® Strength of qualifications of the Proposer (together with any proposed subcontractor, if any), especially related to the particular needs of the City. Qualifications will include (but not be limited to) the proven capacities of the Proposer (and any subcontractor) to meet the operational requirements of the City. ® Comments from the Proposer's reference clients. ® Innovations proposed to increase participation and recyclable material quantities collected. ® Innovations proposed to improve public education about recycling to all residents. ® Amount of revenue sharing to the City. ® The price of recycling services. ® Overall, net annual cost to the City. ® Responsiveness of the proposer to all other provisions of this RFP. Page 25 of 28 City of ood P For Residential '''.ecycling Services These evaluation criteria are not presented in any special order. No ranking of these criteria within this P is intended or implied. The City reserves the right to consider other criteria in their review of proposals. Attachment A Recycling Tonnage Estimate by Material Type for 2005 Residential Recveling TonnaLye---2005--Curbside Single-Family Totals (in Tons) PAPER: 477.24 v PLASTIC: 20.82 Mixed Fibers Mixed Bottles Cardboard GLASS: 104.48 Newsprint Glass Bottles/Jars Magazines OTHER 115.10 METALS: 44.18 Mixed cans (a) Sources: City "SCORE" reports submitted to Hennepin County and Re-TRAC data management system (2005) Attachment B: Price Worksheets All Proposers must fill out at least one price workslhcctwith each proposal scenario. Multiple scenarios may be submitted. Proposers may fill in the attached form or use their o«,-n sinular format; however, the contents in the attached price worksheet i,,,, <<, 1- included i f alternate formats are submitted. If the Proposer proposes under the dual-stream scenario, the City will assume a collection service design similar to the cur-rent system. If the Proposer proposes under any alternate proposal scenarios, the proposal must explicitly describe the collection service design (e.g., resident materials sorting/preparation rec{tiirements, collection frequency, cart size, cart ownership, etc.) The proposed price per household charge to the City for all recycling services must be completed for each scenario Proposers may propose to participate in revenue sharing with the City at the Proposers discretion. Proposers shall indicate (i.e., "YES" or "No") if they propose to include revenue sharing. Economic evaluation of proposals will compare total, net annual costs to the City over the contract period. The basic revenue share formula specified within this RFP can be summarized as a portion of the Proposer's materials sales revenue from sale of all paper grades, aluminum, steel/tin cans and plastic bottles. Proposers may elect to share revenue on one, two, three or all four commodities. If revenue sharing is implemented, the published "Price Indexes" specified below shall be used as a means to simplify the accounting of the proposed revenue share: Page 26 of 28 City of Shorewood UP For Residential Recycling Services 1. All paper grades-®WasteNews.com adjunct commodity pricing service: ~,vww.SecondaryFit)erPricing.con-, Midwest/Central Region, Grade: PS 8- Special Deink Quality News, high side, price per short ton, baled, last published price of the month, For the specified rigid container commodities--- WasteNews.com adjunct commodity pricing service www.Second aryMaterialsPricing.com, Chicago (Midwest/Central): 2. Metals: Steel cans (sorted, baled, $ per ton, delivered) 3. Metals: Aluminum cans (sorted, baled, cents per pound, delivered) 4. Plastic Bottles: a. PET (baled, cents per pound, picked up)* b. Plastics: Natural HDPE (baled, cents per pound, picked up)* c. Plastics: Colored HDPE (baled, cents per pound-, picked up)* Note: * Plastics bottles composition of sub-grades shall be assumed to be: 50% PET, 25% Natural HDPE, 25% Colored HDPE. If Proposers elect to share revenue with the City, the Proposers shall quote their revenue share pricing in terms their proposed "Margin Price" for each of their proposed revenue share commodities. The City will use the assumed tonnage and iuateriat splits in Attachment A for calculating the net revenue share back to the City from alt Proposers. It is important to note that the City does not guarantee any minimum tonnage or any specific material splits. These are estimates only for purposes of this RFP and comparing the value of any revenue sharing proposals. A. Duaa -Stream Collection Scenario Proposer's company name: Proposed Recyclables Collection Service Price: Proposed service price per residential household/month $ per household/month Revenue Share Proposal: Revenue sharing proposed: Yes No Proposed paper Margin price $ per ton Proposed aluminum Margin price Cents per pound Proposed steel cans Margin Price $ per ton Proposed plastic bottles Margin price: Cents per pound B. Single-Strew Collection Scenario Proposer's company name: Proposed Collection Service price: Proposed service price per residential household/month $ Per household/month Page 27 of 28 City of Shorewood P For Residential Recycling Services Page 28 of 28 5755 COUNTRY CLUB ROAD - SF unr, ,.,NOOD, ivm4imESOTA 55331-8927 - (952) 474-3236 FAX (952) 474-0128 ® www.ci.shorewood.mn.us - cityha[1@c1.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator Larry Brown, Director of Public Works FROM: James Landini, City Engineer DATE: June 17, 2009 RE: Accept Proposal for Professional Engineering Services for the Shady Island Bridge Inspection Every other year at this time, the City has, and will continue to perform the inspections required for the Shady Island Bridge, located between Shady and Enchanted Island. A site location map is included at Attachment 1, for reference. Attachment 2, is the proposal from WSB and Associates - Structural Division, for inspection of the subject bridge. This proposal is based upon 5 hours of inspection and 5 hours preparation of the MNDOT report and a summary report to the City of Shorewood. Attachment 3 is a proposal from TKDA for your use, Bolton and Menlo does not provide bridge inspection service at this time. This proposal will examine the structural integrity of the bridge, any known or apparent defects and the conditions of the abutments and channel characteristics. On larger bridges under water SCUBA inspectors are required to inspect the channel conditions. This bridge is of the size and nature, that this is not required. Staff has reviewed the proposal and finds it to be in order. Inspection reports will be filed with the City and the State of Minnesota. Recommendation Staff recommends that a motion be passed accepting the proposal for Professional Engineering Services with WSB and Associates, Inc. : PRINTED ON RECYCLED PAPER Shady Island Bridge PHELPS BAY ENCHA T covE 0 fl fl fl ~C4 1 ,00 R ~ a n 3.D3. 4. 5. SHADY ISLAND Shady Island Bridge ENCHANTED ISLAND Bridge Inspection Shady Island Bridge SHOREWOOD, MN N NO SCALE PROJECT LOCATION ATTACHMENT 1 DATE : 08. 23. 07 Infrastructure m Engineering m Planning ® Construction 701 Xenia Avenue South Suite #300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 June 15, 2009 Mr. James Landini, P.E. City Engineer City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Bridge Inspection Proposal Dear Mr. Landini: On behalf of WSB & Associates, Inc. (WSB), I am pleased to submit this proposal to provide professional engineering services as they relate to bridge inspections in the City of Shorewood. FHWA and Mn/DOT require bridge owners to perform safety inspections of in service bridges and to report the results. There is one bridge for which the City has inspection-reporting jurisdiction. This bridge, number 27A34, is a timber slab span and is due for inspection as required by Mn/DOT. WSB & Associates, Inc. is proposing to provide the following scope of services: Bridge Inspection: We will perform the bridge inspection and submit an inspection report to Mn/DOT. A Professional Engineer with bridge inspection experience will perform the work as required by MnYDOT. In addition, a letter report will be submitted to the City outlining the results of the inspection and recormnending any maintenance that may be required. I will perform the bridge inspection myself. I have performed the inspections for the City of Shorewood for the last two inspection cycles. My familiarity with the bridge will enable nae to track changes to the condition of the bridge and will provide continuity to the inspection process and reporting. I am also the Bridge Safety Inspection Program Administrator for the City of Shorewood. The proposed work will be completed before the September 1 inspection deadline. c~ N F- U 0 o J U Task Task Description Q t6 16 I-- (6 *6 F_ 1A Bridge Inspection 5 5 $630 1B Inspection Report 2 1 3 $314 1C Certification of Bridge Safety Inspection 1 1 $126 11D Bridge Inspection Forms 1 1 $126 Attachment #2 K:V Mr. James Landini June 15, 2009 Page 2 WSB will complete the above scope of services on an hourly basis with a not-to-exceed cost of $1,196. Thank you for the opportunity to be of service to you. Please do not hesitate to contact me at (763) 287-8317 with any questions or comments. Sincerely, WSB & Associates, Inc. Barritt Lovelace, P.E. Associate cc: Dave Hutton, WSB & Associates, Inc. sin K:\01459-26\Admin\D.cs\PROP jlendini 061509.d., 444 Cedar Street, Suite 1500 Saint Paul, MN 55101 The right time. The right people. The right company. (651) 292-4400 (651) 292-0083 Fax June 17, 2009 www.tkda.coni Mr. James Landini, P.E. Via E-mail Only: jlandini@ci.shorewood.mn.us C@ Engineer City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Proposal for Engineering Services Inspection of Bridge No. 27A34; City Project 09-07 City of Shorewood, Minnesota Dear Mr. Landini: Pursuant to your Request for Proposals (RFP) received by TKDA on June 10, 2009, we are pleased to submit this Proposal to provide Engineering Services for Inspection of Bridge No. 27A34; City Project 09-07, in the City of Shorewood, Minnesota, hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in the attached "General Provisions of Architect-Engineer Agreement" dated October 1993. Hereinafter, the City of Shorewood is referred to as the OWNER. 1. PROJECT DESCRIPTION The OWNER is requesting Engineering Services for inspection of Bridge No. 27A34, including the submission of a Summary Report, updated Structure Inventory Report, and Certification of Bridge Safety Inspection to Mn/DOT. A letter report is to be submitted to the OWNER outlining the results of the inspection. II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. Provide Project Management that includes point of contact, documenting communications, and coordination. B. Collection and review of past inspection reports and bridge plans available from the OWNER. C. Completion of field investigation of Bridge No. 27A34. D. Redline bridge safety inspection report and submittal to Mn/DOT. E. Prepare and submit Summary Letter Report to the OWNER outlining the results of the inspection and routine maintenance recommendations. An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Attachment #3 Mr. Tames Landim, P.E. City of Shorewood Proposal for Engineering Services - Inspection of Bridge No. 27A34; City Project 09-07 June 17, 2009 Page 2 These services will be provided by a TKDA Project Team that has worked together providing annual Bridge Inspection services for various cities in the area including Edina, Brooklyn Center, and Victoria. Key personnel information is attached. III. ADDITIONAL SERVICES If authorized by you, we will fiirnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Providing an update to the Load Rating for Bridge No. 27A34. B. Use of a boat or other watercraft to aid in the field investigation listed in SECTION II.B. C. Services resulting from significant changes in extent or scope of the Project including, but not limited to, changes in size, complexity, OWNER'S schedule, and revising previously accepted studies or reports when such revisions are due to causes beyond TKDA' S control. D. Additional meetings, drawings, or documentation beyond that described in SECTION II. IV. OWNER'S RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified herein below; A. Designate an individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. B. Provide copies of previous inspection reports and construction documents showing the original construction of the bridge in 1997. V. PERIOD OF SERVICE We would expect to start our services promptly upon receipt of your acceptance of this Proposal and to complete SECTION 11 services by September 1, 2009. VI. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be as described in Article 3 of the attached General Provisions in the Lump Sum amount of $2,600. Our Project Fee Estimate is attached. Mr. James Landini, P.E. City of Shorewood Proposal for Engineering Services - Inspection of Bridge No. 27A34; City Project 09-07 June 17, 2009 Page 3 VII. CONTRACTUAL INTENT TKDA acknowledges receipt of no RFP Addenda. This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time. We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Shorewood and the return of a signed original to us. Should you have any questions or require additional information, please contact Cara Geheren at (651) 292-4630. Sin~erely, William E. Deitner, E. CEO Cara L. Geheren, P.E. Project Manager ACCEPTED FOR THE CITY OF SHOREWOOD, MINNESOTA By: (signatw'c) Name WED:CLG:adh ATTACHMENTS: KEY PERSONNEL PROJECT FEE ESTIMATE GENERAL PROVISIONS Date Client: Citv of Shorewood j Cate: 6/15/2009 Project: Inspection of Bridge No. 27A34; City Project 09-07 Prepared By: BMF/HLE I Estimated Person Hours Required Totals Task Task Description g Sr Reg Eng Reg Eng Reg Eng Grad Eng Tech/Admin A Project Management 2 2 B Data Collection and Review 4 4 C Field Investigation 6 6 12 D Bridge Safety Inspection Report 5 5 E Summary Letter Report 2 2 2 6 Total Person Hours 2 2 17 6 2 29 Estimated Billing Rate/Hr x Multiplier $ 120 $ 115 $ 90 $ 66 $ 65 Total Billable for Charged Time $ 240 $ 230 $ 1.530 $ 396 $ 130 S 2,526 Expenses: Travel & Subsistence ITS) $ 50 Total Project Fees $ 2,576 ROUNDED TO Is 2,600 C VT 5755 COUNTRY CLUB ROAD ® SrOFit:WC;0b, M1114iir-SOTA 553 1-6zj27 ® (952) 4743236 FAX (952) 474-0128 e www.ci.shorewood.mn.us - cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Julie Moore, Communications Coordinator & Pat Fasching, Administrative Assistant CC: Brian Heck, City Administrator Date: June 22, 2009 RE: Motion Establishing May 22, 2010 as Spring Cleanup Day Staff has reviewed the calendar and has determined that May 22, 2010 is a date that falls outside of Mother's Day and Opening Fishing. Therefore, Staff is recommending that this day be established as the official day for Spring Cleanup in 2010. Once established, Staff will begin to reserve venders services. Recommendation Staff is recommending approval of a motion that establishes May 22, 2010 as Spring Cleanup Day for the City of Shorewood. 't ~D ®1, 4®~11 PRINTED ON RECYCLED PAPER a ~ 5755 COLIN 1 RY CLUB HOAD - SHuREWOOD, N/imiNESOTA 55331-8927 ® (952) 474-8236 FAX (952) 474-0128 ® www.d.shorewood.mmus - cityhali@ci.shorewood.mn.us MEMORANDUM Date: June 18, 2009 To: Honorable Mayor and City Council Members From: Bonnie Burton, Finance Director/Treasurer CC: Investment Committee Members Re: Investment Committee Meeting Report The Investment Committee held its quarterly meeting on June 17, 2009. We reviewed and discussed the City's 2009 investments for the period ending March 31, 2009, specifically, and the current economic market in general. The Committee reviewed the attached investment portfolio reports, which include a report sorted by broker and a report sorted by maturity date. Staff responded to committee members' questions regarding procedures and methodology. Staff reported that the portfolio has $6.5 million (about 38%) in liquid money market funds; the Investment policy requires at least 30%. The overall portfolio total is less than at 2008 year end due to: 1) the use of reserves as working capital during the first quarter 2009; 2) spending down bond proceeds on the City Hall construction; and 3) the first phase of the EDA bonds `called' in accordance with the refunding agreement. The Committee agreed that the City's investments are solid and conservatively invested in accordance with the investment policy. Future Discussion Topics Investment Committee members discussed broker costs and fees and it was noted that with many brokers, the fees are `embedded' in the cost of the investment. As an example, a 2-year CD for approximately $95,000 would `cost' 1/16`x' of a point, or approximately $60 in foregone interest; a 5-year similar investment might `cost' approximately 1/8`' point. There was consensus to poll the brokers in a systematic way to determine their fees. Staff will also issue an RFP for Banking Services and solicit proposals from local banks, including Beacon Bank, MidCountry Bank, Wells Fargo, US Bank, Bremer Bank, and other suitable banks in the area. The goal is to obtain proposals for review and discussion at the next committee meeting, which is tentatively scheduled for August 20, 2009. The March 31, 2009 investment portfolio report is attached for council review. Please contact me if you have questions. 412, ip,~ PRINTED ON RECYCLED PAPER 9 City of Shorewood Cash Reconciliation MARCH 2009 Reconciled Cash Balance Bank Balance By Fund Institution 03/31/2009 Fund 03/31/2009 Beacon Bank-Ckg/Primevest 1,777,514.70 Sewer 4,469,346 Beacon Bank-MM 217,634.87 Water 3,182,072 General 2,739,242 Citigroup (Smith Barney) 8,531,599.45 EDA 1,913,151 Dain Rauscher 350,000.00 Local Streets 1,075,533 Liquor 895,609 4-M Fund 1,436,084.06 Equip Replacemnt 661,172 Miller, Johnson, Kuehn - Stormwater 492,847 Northland Securities 6,722.54 City Hall Constr. 270,668 Piper Jaffray 17,746.08 Pk Cap Imprvmt 262,599 US Bank - Technology 103,457 Wells Fargo 2,574,003.01 Recycle 83,980 Total: 14,911,304.71 Other - Various 674,782 USBANK-EDA 2002A 0.00 2002B 0.00 2002C 430.73 2002 DS Fund 1,916.96 2,347.69 USBANK -EDA 2003A 0.00 2003B 0.00 2003 DS Fund 409.98 409.98 USBANK - EDA 2007A 944,684.18 2007B 964,511.18 2007C 1,197.86 1, 910, 393.22 Cash with an escrow agent $ 16,824,456 Portfolio Compos TOTAL $ 16,824,456 0 - 5 years 12,116,305 72.02% 6-10 Years 1,685,000 10.02% 11-15 Years 1,110,000 6.60% 15+ Years - 0.00% EDA 1,913,151 11.37% 16,824,456 5+ years $ 2,795,000 Liquid $ 6,531,304 16.61% (Not to exceed 30%) 38,82% (To be at least 30% liquid investments) CITY OF SHOREWOOD 2009 INVESTMENT AND INTEREST SCHEDULE MARCH 2009 INSTITUTION Beacon Bank PrimeVest Govt. Money Mkt Acct Checking Account 100-0643 Money Market Acct 130-0822 TOTAL INTEREST AMOUNT CURRENTLY PURCH MATURITY PAID INVESTED INVESTED RATE TERM DATE DATE 1,777,514.70 0.00 217,634.87 03/01/09 03/31/09 0.00 1,995,149.57 DAIN RAUSCHER FNMA Serni-Ann 125,000.00 125,000.00 4.50 5,478 04/17/08 04/17/23 FNMA Semi-Ann 100,000.00 100,000.00 5.00 5,479 01/30/08 01130/23 FHLMC Semi-Ann 125,000.00 125,000.00 4.00 4,015 04/17/08 04/15/19 Money Market Account 0.00 0.00 30 03/01/09 03/31/09 TOTAL 350,000.00 350,000.00 4.50 3,751 4-M FUND Money Market Account 1,436,084.06 1,436,084.06 0.44 30 03/01/09 03/31/09 TOTAL 1,436,084.06 1,436,084.06 WELLS FARGO INVESTMENTS Platinum Bank CD Monthly 95,000.00 95,000.00 4.50 1,097 12/19/07 12/20/10 Flushing SB NY - CD Maturity 95,000.00 95,000.00 3.70 732 05/15/08 05/17/10 Ironstone Bnk, Ft Myers, FL - CD Maturity 95,000.00 95,000.00 3.70 731 05/09/08 05/10/10 Celtic Bnk SLC UT CD Semi-Annual 95,000.00 95,000.00 4.50 731 12/28/07 12128/09 Trustatlantic Bnk Raleigh, NC CE Monthly 95,000.00 95,000.00 1.20 225 12/31/08 08/13/09 Cresent Bnk Myrtle Beach SC, Cl Maturity 95,000.00 95,000.00 1.10 197 12131/08 07/16/09 Morgan Stanley BK SLC,UT CD Monthly 95,000.00 95,000.00 1.25 190 12/31/08 07109/09 Southwest USA Las Vegas CD Monthly 95,000.00 95,000.00 4.55 549 12/28/07 06/29/09 Rolette State Bnk CD Semi-Annual 95,000.00 95,000.00 4.60 542 12/28/07 06/22/09 Farmers Trust& Savings Bnk CD Monthly 95,000.00 95,000.00 125 455 02/15/08 05/15/09 Amtrust Bnk Cleveland, OH CD Maturity 95,000.00 95,000.00 3.45 375 05/04/08 05/14/09 Washington Mutual , UT CD Maturity 95,000.00 95,000.00 3.40 365 05/08/08 05/08/09 BMW Bnk UT - CD Maturity 95,000.00 95,000.00 3.40 365 05/07/08 05/07/09 Central Bnk CD Maturity 95,000.00 95,000.00 3.40 365 05/07108 05/07/09 Pacific Cap BNK Goleta, GA CD Maturity 95,000.00 95,000.00 1.10 98 12/31/08 04/08/09 Wells Fargo Money Market Maturity 1,149,003.01 1,149,003.01 0.09 30 03/01/09 03/31/09 TOTAL 2,669,003.01 2,574,003.01 2.89 PIPER JAFFRAY 17,746.08 17,746.08 1.20 30 03/01/09 03/31/09 17,746.08 17,746.08 CITIGROUP (SALOMON SMITH BARNEY) FNMA Semi-Ann 200,000.00 200,000.00 6.00 5,478 03/06/08 03/06/23 FNMA Semi-Ann 200,000.00 200,000.00 5.00 5,479 01/30/08 01/30/23 FNMA Semi-Ann 170,000.00 170,000.00 5.00 5,479 01/30/08 01/30/23 FNMA Semi-Ann 190,000.40 190,000.40 5.75 5,430 05/04/05 03/16/20 FNMA Semi-Ann 200,000.00 200,000.00 4.00 3,652 02/20/09 02/20/19 FNMA Maturity 100,000.00 100,000.00 3.00 3,652 02/04/09 02/04/19 FNMA Semi-Ann 200,000.00 200,000.00 5.00 3,834 01/30/08 07/30/18 FNMA Semi-Ann 200,000.00 200,000.00 4.50 3,652 06/11/08 06/11/18 FNMA Semi-Ann 250,000.00 250,000.00 4.40 3,652 04/17/08 04/17/18 FNMA Semi-Ann 150,000.00 150,000.00 5.50 3,655 03/05/08 03/08/18 FHLMC Semi-Ann 150,000.00 150,000.00 4.50 3,653 02/28/08 02128/18 FNMA Semi-Ann 150,000.00 150,000.00 5.25 3,653 11/13/07 11/13/17 FNMA Semi-Ann 165,000.00 165,000.00 5.00 4,383 02/24/05 02/24/17 FHLMC Semi-Ann 120,000.00 120,000.00 5.00 4,566 04/21/04 10/21116 FNMA Semi-Ann 200,000.00 200,000.00 2.00 1,826 01/22/09 01/22/14 Cole Taylor Bank, IL Maturity 96,000.00 96,000.00 4.35 1,094 01/30/08 01/28/11 American Express Centurian CD Maturity 96,000.00 96,000.00 1.55 365 02/11/09 02/11/10 American Express Bnk FSB Maturity 96,000.00 96,000.00 1.55 371 02/05/09 02/11/10 1 CITY OF SHOREWOOD 2009 INVESTMENT AND INTEREST SCHEDULE MARCH 2009 INTEREST AMOUNT CURRENTLY PURCH MATURITY INSTITUTION PAID INVESTED INVESTED RATE TERM DATE DATE Capmark Bank - UT, CD Maturity 96,000.00 96,000.00 1.55 365 02/11/09 02/11/10 Goldman Sachs Bnk USA NY-CE Maturity 96,000.00 96,000.00 1.45 365 02/11/09 02/11/10 Midfirst Bnk - OK, CD Maturity 96,000.00 96,000.00 1.45 365 02/11/09 02/11/10 RBS Citizens NA, RI CD Maturity 96,000.00 96,000.00 1.70 365 02/04/09 02/04/10 RBS Citizens NA, RI CD Maturity 54,000.00 54,000.00 1.70 374 01/26/09 02104/10 Bnk of America NA, CD Maturity 96,000.00 96,000.00 1.50 364 01/30/09 01/29/10 North Am Svngs Bnk MO, CD Maturity 96,000.00 96,000.00 1.75 364 01/30/09 01/29/10 FirstMerit Bnk NA CD Semi-Ann 96,000.00 96,000.00 4.00 550 07/18/08 01/19/10 Georgian Bnk GA CD Semi-Ann 96,000.00 96,000.00 4.00 550 07/18/08 01/19/10 GMAC Bank, UT CD Maturity 96,000.00 96,000.00 1.60 374 12/30108 01/08/10 Western Bnk or Puerto Rico CD Maturity 96,000.00 96,000.00 2.00 374 12/30/08 01/08/10 New South Fed Svngs, AL -CD Maturity 96,000.00 96,000.00 2.00 373 12/30/08 01/07/10 Colonial Bnk, AL - CD Maturity 96,000.00 96,000.00 2.25 366 12/30108 12/31/09 RBS Citizens NA, RI CD Maturity 54,000.00 96,000.00 1.40 273 02/04/09 11/04/09 Citibank, NA, NV - CD Maturity 192,000.00 192,000.00 3.75 365 10/22/08 10/22/09 Citibank, NA, NV - CD Maturity 48,000.00 48,000.00 3.75 365 10/22/08 10/22/09 Independent Bnk, MI, CD Maturity 96,000.00 96,000.00 3.50 379 08/28/08 09/11/09 Compass Bnk AL - CD Maturity 96,000.00 96,000.00 1.00 181 02/11/09 08/11/09 Citibank-Banamex USA - CD Maturity 96,000.00 96,000.00 1.10 181 02/10/09 08/10/09 Citibank-Banamex USA - CD Maturity 96,000.00 96,000.00 1.10 181 02/10/09 08/10/09 Citibank-Banamex USA - CD Maturity 53,000.00 53,000.00 1.10 181 02/10/09 08/10/09 Huntington Natl Bnk CD Maturity 96,000.00 96,000.00 3.75 365 07/16/08 07116/09 Midfirst Bnk, OK - CD Maturity 96,000.00 96,000.00 3.40 243 11/05/08 07/06/09 Compass Bnk AL - CD Maturity 96,000.00 96,000.00 2.00 193 12/11/08 06/22/09 Irwin Union Bnk Trust - CD Maturity 96,000.00 96,000.00 2.00 193 12/11/08 06/22/09 Fifth Third Bank, ON - CD Maturity 96,000.00 96,000.00 2.10 188 12/11/08 06/17/09 Goldman Sachs Bnk USA NY-CE Maturity 96,000.00 96,000.00 2.00 188 12/11/08 06/17/09 CIT Bnk, UT, CD Maturity 96,000.00 96,000.00 135 280 08/28/08 06/04109 Sallie Mae Bnk, UT, CD Maturity 96,000.00 96,000.00 3.30 280 08/28108 06/04109 BMW Bank of Nth Amer, UT - CE Maturity 96,000.00 96,000.00 3.45 364 05/02/08 05/01/09 Natl City Bnk, ON - CD Maturity 96,000.00 96,000.00 3.40 365 04/23/08 04/23/09 M&I Marshall & IlSley-WI - CD Maturity 192,000.00 192,000.00 3.00 182 10/17108 04/17/09 M&I Marshall &IlSley-WI - CD Maturity 53,000.00 53,000.00 3.00 182 10/17/08 04/17/09 FNMA Semi-Ann 200,000.00 200,000.00 2.38 1,828 03/30/09 04/01/14 Banco Bilbao Vizcaya CD Maturity 96,000.00 96,000.00 1.30 366 03/25/09 03/26/10 Branch Bank & Trust CD Semi-Ann 96,000.00 96,000.00 2.25 730 03/25/09 03/25/11 CIT Bank - UT CD Semi-Ann 96,000.00 96,000.00 2.40 730 03/25/09 03/25/11 Money Market Fund 1,926,599.05 1,926,599.05 0.97 30 03/01/09 03/31/09 TOTAL 10,908,874.45 8,531,599.45 4.39 2,677 US BANK Money Fund-US Bnk 0.00 0.00 03101/09 03/31109 TOTAL 0.00 0.00 NORTHLAND SECURITIES Money Fund Maturity 6,722.54 6,722.54 0.01 30 03/01/09 03/31/09 TOTAL 6,722.54 6,722.54 2 CITY OF SHOREWOOD 2009 INVESTMENT AND INTEREST SCHEDULE MARCH 2009 INTEREST AMOUNT CURRENTLY PUNCH MATURITY INSTITUTION PAID INVESTED INVESTED RATE TERM DATE DATE US BANK TRUSTEE - EDA PROJECT END (499) W. Fire-Project Fund-Series 2002A 0.00 03/01/09 03/31/09 W. Police-Project Fund-Series 20028 0.00 03/01/09 03/31/09 E. Fire-Project Fund-Series 2002C 430.73 03/01/09 03/31/09 W.Fire-Project Fund-Series 2003A 0.00 03/01/09 03/31/09 W. Police-Project Fund-Series 2003B 0.00 03/01/09 03/31/09 TOTAL EDA PROJECT FUNDS 0.00 430.73 US BANK TRUSTEE - EDA 2002 BOND FUND (304) W. Fire- Bond Fund - 2002A 325.48 03/01/09 03/31/09 W. Police-Bond Fund - 2002B 335.02 03/01/09 03/31/09 E. Fire- Bond Fund - 2002C 1,256.46 03/01/09 03/31/09 TOTAL EDA 2002 BOND FUNDS 0.00 1,916.96 US BANK TRUSTEE - EDA 2003 BOND FUND (305) W.Fire-Bond Fund-Series 2003A 200.49 03/01/09 03/31/09 W. Police-Bond Fund-Series 2003B 209.49 03/01/09 03/31/09 TOTAL EDA 2003 BOND FUNDS 0.00 409.98 US BANK TRUSTEE - EDA 2007 BOND FUND (307) W. Fire- Bond Fund - 2007A 944,684.18 03/01/09 03/31/09 W. Police-Bond Fund - 2007B 964,511.18 03/01/09 03131/09 E. Fire- Bond Fund - 2007C 1,197.86 03/01/09 03/31/09 TOTAL EDA 2007 BOND FUNDS 0.00 1,910,393.22 TOTAL EDA FUNDS 0.00 1,913,150.89 GRAND TOTAL 15,388,430.14 16,824,455.60 CITY OF SHOREWOOD 2009 INVESTMENT AND INTEREST SCHEDULE MARCH 2009 - By Maturity Date Sort - INTEREST AMOUNT CURRENTLY PURCH MATURITY ION PAID INVESTED INVESTED RATE TERM DATE DATE MATURED AND CALLED SECURITIES WELLS FARGO INVESTME Liberty SB Wilmington OH CD Maturity 95,000.00 M 3.20 365 02/14/08 02/13/09 CITIGROUP (SALOMON SMMutual of Omaha, NE CD Maturity 96,000.00 M 2.42 364 02/29/08 02/27/09 CITIGROUP (SALOMON SMNatl Bnk So. Carolina CD Maturity 96,000.00 M 3.35 365 02/28/08 02/27/09 CITIGROUP (SALOMON SMMacon Bank CD Maturity 96,000.00 M 3.25 366 02/27/08 02/27109 CITIGROUP (SALOMON SMAnchorbank CD Maturity 96,000.00 M 3.25 364 02/22/08 02/20/09 CITIGROUP (SALOMON SMFirstbank of Puerto Rico CD Maturity 96,000.00 M 3.25 367 02/19/08 02/20/09 CITIGROUP (SALOMON SMAmerican Express Bnk - CD Maturity 96,000.00 M 2.45 92 11/05108 02/05/09 CITIGROUP (SALOMON SMAmex Centurian Bnk - CD Maturity 96,000.00 M 2.45 92 11/05/08 02/05/09 CITIGROUP (SALOMON SMState Bnk of India, NY Maturity 95,000.00 M 4.50 366 01/16/08 01/16/09 CITIGROUP (SALOMON SMNational City Bnk, OH - CD Maturity 96,000.00 M 2.20 61 11/05/08 01/05/09 CITIGROUP (SALOMON SMDiscover Bank CD Semi-Ann 96,000.00 M 5.30 550 07105/07 01/05/09 CITIGROUP (SALOMON SMBankatlantic, FL - CD Maturity 96,000.00 M 3.20 184 07102/08 01102/09 CITIGROUP (SALOMON SMFirstbank Florida, CD Maturity 96,000.00 M 2.85 194 08128/08 03/10/09 CITIGROUP (SALOMON SM1st Natl Bnk Omaha CD Maturity 96,000.00 M 2.85 189 08/28/08 03/05/09 CITIGROUP (SALOMON SMGreat Florida Bnk, FL, CD Maturity 96,000.00 M 2.85 187 08/28/08 03/03/09 CITIGROUP (SALOMON SMGE Cap Fin Inc, UT CD Maturity 96,000.00 M 3.25 278 05/28/08 03/02/09 CITIGROUP (SALOMON SMFHLMC Semi-Ann 150,275.00 Full Call 3/5/09 5.50 3,641 12/17/07 12/05/17 CITIGROUP (SALOMON SMFHLB Semi-Ann 125,000.00 Full Call 1/28/16 4.90 2,922 01/28108 01/28/16 CITIGROUP (SALOMON SMFFCBC Semi-Ann 150,000.00 Full Call 1/27/09 5.55 4,571 01/30108 08/05/20 CITIGROUP (SALOMON SMFHLMC Semi-Ann 200,000.00 Full Call 1/17/09 5.50 3,653 10/17107 10/17/17 CITIGROUP (SALOMON SMFHLMC Semi-Ann 155,000.00 Full Call 1/02/09 6.00 4,764 09/17/07 10/02/20 CITIGROUP (SALOMON SMFHLBC Semi-Ann 200,000.00 Full Call 1/02109 5.10 3,653 02/13/08 02/13/18 CURRENT INVESTMENTS DAIN RAUSCHER FNMA Semi-Ann 125,000.00 125,000.00 4.50 5,478 04/17/08 04/17/23 CITIGROUP (SALOMON SMFNMA Semi-Ann 200,000.00 200,000.00 6.00 5,478 03/06/08 03/06/23 CITIGROUP (SALOMON SMFNMA Semi-Ann 200,000.00 200,000.00 5.00 5,479 01/30/08 01/30/23 CITIGROUP (SALOMON SMFNMA Semi-Ann 170,000.00 170,000.00 5.00 5,479 01/30/08 01/30/23 DAIN RAUSCHER FNMA Semi-Ann 100,000.00 100,000.00 5.00 5,479 01/30/08 01/30/23 CITIGROUP (SALOMON SMFNMA Semi-Ann 190,000.40 190,000.40 5.75 5,430 05/04/05 03/16/20 DAIN RAUSCHER FHLMC Semi-Ann 125,000.00 125,000.00 4.00 4,015 04/17/08 04/15/19 CITIGROUP (SALOMON SMFNMA Semi-Ann 200,000.00 200,000.00 4.00 3,652 02/20/09 02/20/19 CITIGROUP (SALOMON SMFNMA Maturity 100,000.00 100,000.00 3.00 3,652 02/04/09 02/04/19 CITIGROUP (SALOMON SMFNMA Semi-Ann 200,000.00 200,000.00 5.00 3,834 01/30/08 07/30/18 CITIGROUP (SALOMON SMFNMA Semi-Ann 200,000.00 200,000.00 4.50 3,652 06/11/08 06/11/18 CITIGROUP (SALOMON SMFNMA Semi-Ann 250,000.00 250,000.00 4.40 3,652 04/17/08 04/17/18 CITIGROUP (SALOMON SMFNMA Semi-Ann 150,000.00 150,000.00 5.50 3,655 03/05/08 03/08/18 CITIGROUP (SALOMON SMFHLMC Semi-Ann 150,000.00 150,000.00 4.50 3,653 02128/08 02/28/18 CITIGROUP (SALOMON SMFNMA Semi-Ann 150,000.00 150,000.00 5.25 3,653 11/13/07 11/13/17 CITIGROUP (SALOMON SMFNMA Semi-Ann 165,000.00 165,000.00 5.00 4,383 02/24/05 02/24/17 CITIGROUP (SALOMON SMFHLMC Semi-Ann 120,000.00 120,000.00 5.00 4,566 04/21/04 10/21116 CITIGROUP (SALOMON SMFNMA Semi-Ann 200,000.00 200,000.00 2.38 1,828 03/30/09 04/01114 CITIGROUP (SALOMON SMFNMA Semi-Ann 200,000.00 200,000.00 2.00 1,826 01/22/09 01/22/14 CITIGROUP (SALOMON SMBranch Bank & Trust CD Semi-Ann 96,000.00 96,000.00 2.25 730 03/25/09 03/25/11 CITIGROUP (SALOMON SMCIT Bank - UT CD Semi-Ann 96,000.00 96,000.00 2.40 730 03125/09 03/25/11 CITIGROUP (SALOMON SMCole Taylor Bank, IL Maturity 96,000.00 96,000.00 4.35 1,094 01/30/08 01/28/11 WELLS FARGO INVESTME Platinum Bank CD Monthly 95,000.00 95,000.00 4.50 1,097 12/19/07 12/20/10 WELLS FARGO INVESTME Flushing SB NY - CD Maturity 95,000.00 95,000.00 170 732 05/15/08 05/17/10 WELLS FARGO INVESTME Ironstone Bnk, Ft Myers, FL - CD Maturity 95,000.00 95,000.00 3.70 731 05/09/08 05/10/10 CITIGROUP (SALOMON SMBanco Bilbao Vizcaya CD Maturity 96,000.00 96,000.00 1.30 366 03/25/09 03/26/10 CITIGROUP (SALOMON SMAmerican Express Centurian C D Maturity 96,000.00 96,000.00 1.55 365 02/11/09 02/11/10 CITIGROUP (SALOMON SMAmerican Express Bnk EBB Maturity 96,000.00 96,000.00 1.55 371 02/05109 02/11/10 CITIGROUP (SALOMON SMCapmark Bank - UT, CD Maturity 96,000.00 96,000.00 1.55 365 02/11/09 02/11/10 CITIGROUP (SALOMON SMGoldman Sachs Bnk USA NY-CC Maturity 96,000.00 96,000.00 1.45 365 02/11/09 02/11/10 CITIGROUP (SALOMON SMMidfirst Bulk - OK, CD Maturity 96,000.00 96,000.00 1.45 365 02/11/09 02/11/10 CITIGROUP (SALOMON SMRBS Citizens NA, RI CD Maturity 96,000.00 96,000.00 1.70 365 02/04/09 02/04/10 CITIGROUP (SALOMON SMRBS Citizens NA, RI CD Maturity 54,000.00 54,000.00 1.70 374 01/26109 02/04/10 Page 1 CITY OF SHOREWOOD 2009 INVESTMENT AND INTEREST SCHEDULE MARCH 2009 - By Maturity Date Sort INSTITUTION INTEREST PAID AMOUNT INVESTED CURRENTLY INVESTED RATE TERM PURCH DATE MATURITY DATE CITIGROUP (SALOMON SMBnk of America NA, CD Maturity 96,000.00 96,000.00 1.50 364 01/30/09 01/29/10 CITIGROUP (SALOMON SMNorth Am Svngs Bnk MO, CD Maturity 96,000.00 96,000.00 1.75 364 01/30/09 01/29/10 CITIGROUP (SALOMON SMFirstMerit Bnk NA CD Semi-Ann 96,000.00 96,000.00 4.00 550 07/18/08 01/19/10 CITIGROUP (SALOMON SMGeorgian Bnk GA CD Semi-Ann 96,000.00 96,000.00 4.00 550 07/18/08 01/19/10 CITIGROUP (SALOMON SMGMAC Bank, UT CD Maturity 96,000.00 96,000.00 1.60 374 12/30/08 01/08/10 CITIGROUP (SALOMON SMWestern Bnk or Puerto Rico CD Maturity 96,000.00 96,000.00 2.00 374 12/30/08 01/08/10 CITIGROUP (SALOMON SMNew South Fed Svngs, AL -CD Maturity 96,000.00 96,000.00 2.00 373 12/30/08 01/07/10 CITIGROUP (SALOMON SMColonial Bnk, AL - CD Maturity 96,000.00 96,000.00 2.25 366 12130/08 12/31/09 WELLS FARGO INVESTME Celtic Bnk SLC UT CD Semi-Annual 95,000.00 95,000.00 4.50 731 12128107 12/28/09 CITIGROUP (SALOMON SMRBS Citizens NA, RI CD Maturity 54,000.00 96,000.00 1.40 273 02/04/09 11104/09 CITIGROUP (SALOMON SMCitibank, NA, NV - CD Maturity 192,000.00 192,000.00 3.75 365 10/22/08 10/22/09 CITIGROUP (SALOMON SMCitibank, NA, NV - CD Maturity 48,000.00 48,000.00 175 365 10/22/08 10/22/09 CITIGROUP (SALOMON SMlndependent Bnk, MI, CD Maturity 96,000.00 96,000.00 3.50 379 08/28108 09/11/09 WELLS FARGO INVESTME Trustatlantic Bnk Raleigh, NC CD Monthly 95,000.00 95,000.00 1.20 225 12/31/08 08/13/09 CITIGROUP (SALOMON SMCompass Bnk AL - CD Maturity 96,000.00 96,000.00 1.00 181 02/11/09 08111/09 CITIGROUP (SALOMON SMCitibank-Banamex USA - CD Maturity 96,000.00 96,000.00 1.10 181 02/10/09 08/10/09 CITIGROUP (SALOMON SMCitibank-Banamex USA - CD Maturity 96,000.00 96,000.00 1.10 181 02/10/09 08/10/09 CITIGROUP (SALOMON SMCitibank-Banamex USA - CD Maturity 53,000.00 53,000.00 1.10 181 02/10/09 08/10/09 CITIGROUP (SALOMON SMHuntington Natl Bnk CD Maturity 96,000.00 96,000.00 3.75 365 07116/08 07/16/09 WELLS FARGO INVESTME Cresent Bnk Myrtle Beach SC, CI Maturity 95,000.00 95,000.00 1.10 197 12/31/08 07/16109 WELLS FARGO INVESTME Morgan Stanley BK SLC,UT CD Monthly 95,000.00 95,000.00 1.25 190 12/31/08 07/09/09 CITIGROUP (SALOMON SMMidfirst Bnk, OK - CD Maturity 96,000.00 96,000.00 3.40 243 11/05/08 07/06/09 WELLS FARGO INVESTME Southwest USA Las Vegas CD Monthly 95,000.00 95,000.00 4.55 549 12/28/07 06129/09 CITIGROUP (SALOMON SMCompass Bnk AL - CD Maturity 96,000.00 96,000.00 2.00 193 12/11/08 06122/09 CITIGROUP (SALOMON SMIrwin Union Bnk Trust - CD Maturity 96,000.00 96,000.00 2.00 193 12/11/08 06/22/09 WELLS FARGO INVESTME Rolette State Bnk CD Semi-Annual 95,000.00 95,000.00 4.60 542 12/28/07 06/22/09 CITIGROUP (SALOMON SMFifth Third Bank, OH - CD Maturity 96,000.00 96,000.00 2.10 188 12/11/08 06/17/09 CITIGROUP (SALOMON SMGoldman Sachs Bnk USA NY-CE Maturity 96,000.00 96,000.00 2.00 188 12111/08 06/17109 CITIGROUP (SALOMON SMCIT Bnk, UT, CD Maturity 96,000.00 96,000.00 3.35 280 08/28/08 06/04/09 CITIGROUP (SALOMON SMSallie Mae Bnk, UT, CD Maturity 96,000.00 96,000.00 3.30 280 08/28/08 06/04/09 WELLS FARGO INVESTME Farmers Trust& Savings Bnk CD Monthly 95,000.00 95,000.00 3.25 455 02/15/08 05/15/09 WELLS FARGO INVESTME Amtrust Bnk Cleveland, OH CD Maturity 95,000.00 95,000.00 3.45 375 05/04/08 05/14/09 WELLS FARGO INVESTME Washington Mutual, UT CD Maturity 95,000.00 95,000.00 3.40 365 05/08/08 05/08/09 WELLS FARGO INVESTME BMW Bnk UT- CD Maturity 95,000.00 95,000.00 3.40 365 05/07/08 05/07/09 WELLS FARGO INVESTME Central Bnk CD Maturity 95,000.00 95,000.00 3.40 365 05/07/08 05/07/09 CITIGROUP (SALOMON SMBMW Bank of Nth Amer, UT - CE Maturity 96,000.00 96,000.00 3.45 364 05/02/08 05/01109 CITIGROUP (SALOMON SMNatI City Bnk, ON - CD Maturity 96,000.00 96,000.00 140 365 04/23/08 04123/09 CITIGROUP (SALOMON SMM&I Marshall &IlSley-WI - CD Maturity 192,000.00 192,000.00 100 182 10/17/08 04/17/09 CITIGROUP (SALOMON SMM&I Marshall & IlSley-WI - CD Maturity 53,000.00 53,000.00 3.00 182 10/17/08 04/17/09 WELLS FARGO INVESTME Pacific Cap BNK Goleta, GA CD Maturity 95,000.00 95,000.00 1.10 98 12/31/08 04/08/09 CITIGROUP (SALOMON SMMoney Market Fund 1,926,599.05 1,926,599.05 0.97 30 03/01/09 03/31/09 4-M FUND Money Market Account 1,436,084.06 1,436,084.06 0.44 30 03/01/09 03/31/09 WELLS FARGO INVESTME Wells Fargo Money Market Maturity 1,149,003.01 1,149,00101 0.09 30 03/01/09 03/31/09 Beacon Bank Money Market Acct 130-0822 217,634.87 03/01/09 03/31/09 PIPER JAFFRAY Money Fund 17,746.08 17,746.08 30 03/01/09 03/31/09 NORTHLAND SECURITIES Money Fund Maturity 6,722.54 6,722.54 30 03101/09 03/31109 DAIN RAUSCHER Money Market Account 0.00 0.00 30 03/01/09 03/31/09 US BANK Money Fund-US PipE (See Piper Account- abo 0.00 0.00 03/01/09 03/31/09 US BANK Money Fund-US Bnk 0.00 0.00 03/01/09 03131/09 Beacon Bank PrimeVest Govt. Money Mkt Acct 1,777,514.70 03/01/09 03/31/09 TOTAL NON-EDA FUNDS $ 14,911,304.71 Page 2 CITY OF SHOREWOOD 2009 INVESTMENT AND INTEREST SCHEDULE MARCH 2009 - By Maturity Date Sort INTEREST AMOUNT INSTITUTION PAID INVESTED CURRENTLY INVESTED RATE PURCH TERM DATE MATURITY DATE US BANK TRUSTEE - EDA US BANK TRUSTEE - EDA PROJECT FIND (499) US BANK TRUSTEE - EDA', W. Fire-Project Fund-Series 2002A 0.00 03/01/09 03/31/09 US BANK TRUSTEE - EDA W. Police-Project Fund-Series 2002B 0.00 03/01/09 03/31/09 US BANK TRUSTEE - EDA' E. Fire-Project Fund-Series 2002C 430.73 03/01109 03/31/09 US BANK TRUSTEE - EDA' W.Fire-Project Fund-Series 2003A 0.00 03101109 03/31/09 US BANK TRUSTEE - EDA' W. Police-Project Fund-Series 2003B 0.00 03/01109 03/31/09 TOTAL EDA PROJECT FUNDS 0.00 430.73 US BANK TRUSTEE - EDA 2002 BOND FUND (304) US BANK TRUSTEE - EDA. W. Fire- Bond Fund - 2002A 325.48 03101/09 03/31/09 US BANK TRUSTEE - EDA : W. Police-Bond Fund - 2002B 335.02 03/01/09 03/31/09 US BANK TRUSTEE - EDA. E. Fire- Bond Fund - 2002C 1,256.46 03/01/09 03/31/09 TOTAL EDA 2002 BOND FUNDS 0.00 1,916.96 US BANK TRUSTEE - EDA 2003 BOND FUND (305) US BANK TRUSTEE - EDA. W.Fire-Bond Fund-Series 2003A 200.49 03/01/09 03/31/09 US BANK TRUSTEE - EDA W. Police-Bond Fund-Series 20038 209.49 03/01/09 03/31109 TOTAL EDA 2003 BOND FUNDS 0.00 409.98 US BANK TRUSTEE - EDA 2007 BOND FUND (307) US BANK TRUSTEE - EDA : W. Fire- Bond Fund - 2007A 944,684.18 03101/09 03131/09 US BANK TRUSTEE - EDA. W. Police-Bond Fund - 2007B 964,511.18 03101/09 03/31/09 US BANK TRUSTEE - EDA. E. Fire- Bond Fund - 2007C 1,197.86 03101/09 03/31/09 TOTAL EDA 2007 BOND FUNDS 0.00 1,910,393.22 TOTAL EDA FUNDS 0.00 1,913,150.89 GRAND TOTAL 16,824,455.60 Page 3 ~ C i 5755 COUNTRY CLUB. ,OAD ~ -JR_ A- JW , MINNESOTA 55331-8927 w (952) 4743236 FAX (952) 474-0128 - www.ci.shorewood.mn.us m cityhaII@ci.shorewood.mn.us MEMORANDUM T®: Mayor and City Council Brian Heck, City Administrator Larry Brown, Director of Public Works FROM: James Landini, City Engineer DATE: June 18, 2009 RE: Item #6: Public Hearing on Proposed Improvements City Project 09-02 Installation of Watermain as Part of Harding Lane, Harding Avenue, Road Reconstruction Project As special assessments are being considered for the Harding Lane, Harding Avenue improvement project, the City must hold a public hearing before the City Council may act on a resolution to order the improvement. As the assessable portion of the project - installation of City Water - has been initiated by the City, at least four-fifths of the Council must vote to approve the ordering of the project. If the Council decides that it will not have special assessments the improvement can be ordered with a simple majority vote of the Council. As required by Minnesota Statute 429.011 to 429.111, a Public Hearing is required prior to ordering the improvements. This hearing was advertised in the Sun-Sailor on June 04, 2009 and June 11, 2009. The Engineer's Estimate and the proposed Assessment Roll are attached. At the May 26, 2009 Council Meeting, the Feasibility report was accepted by Council. The Feasibility report listed the following improvements: Potential Watermain for Harding Lane, Harding Avenue. Sanitary sewer for Harding Lane, Harding Avenue. Storm sewer for Harding Lane, Harding Avenue, Harding Lane, Harding Avenue to be reconstructed at a 24-foot driving surface with edge control. Maintenance of the stormwater management depression constructed at the north end of Harding Lane. A Public Information Meeting was held on January 27, 2009, to present this project to the neighborhood, and to answer questions regarding the project and the possible assessment. Some residents attended the meeting, and written comments were received. The meeting concluded with a Question and Answer session that in ided a variety of topics, some of which included construction PRINTED ON RECYCLED PAPER r sequencing, the plan to minimize inconvenience during construction, duality of City water versus well water, and the City's water connection policy. Residents have been encouraged to complete a survey regarding their preferences on municipal water service. The survey results for the project are attached. A minority of residents would like City water service. If Council wishes to proceed, the next step is then to order the project by Resolution. Two resolutions are attached for your consideration. One includes extension of municipal water service the other does not. Recommendation Staff recommends from a technical standpoint that the Council order the Larding Avenue, Larding Lane, Road Reconstruction Project as described in the Feasibility Report. CI-' ri~a~r That the proposed improvement be referred to WSB Associates, Inc., for preparation of Project Plans, Specifications, and Construction Estimates, and is to incorporate into said design the following features. 1. Harding Lane and Harding Ave is to be designed at a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. 3. Sanitary Sewer Improvements. 4. Watermain Improvements. 5. Storm Sewer Improvements. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of June, 2009. Laura Turgeon, Acting Mayor ATTEST: Brian Heck, City Administrator/Clerk CITY F SHOREWOOD RESOLUTION N A RESOLUTION ORDERING FINALIZATION F PLANS, SPECIFICATIONS AN ESTIMATE F THE A IN LANE AND ING AVENUE RECONSTRUCTION PROJECT WHEREAS, the 2008-2012 Capital Improvement Program identifies the need to reconstruct Harding Lane and Harding Avenue; and WHEREAS, public information meetings for said improvement have been conducted with solicitation of comments of affected property owners being received by the city; and WHEREAS, WSB and Associates, Inc., has submitted preliminary drawings for the finalization of project Plans, Specifications, and Engineering Estimate. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood, Minnesota: That the proposed improvement be referred to WSB Associates, Inc., for preparation of Project Plans, Specifications, and Construction Estimates, and is to incorporate into said design the following features. Harding Lane and Harding Ave is to be designed at a minimum width roadway of 24.0 feet in width driving surface, and surmountable concrete edge control outside of the minimum width. 3. Sanitary Sewer Improvements. 4. Storm Sewer Improvements. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of June, 2009. Laura Turgeon, Acting Mayor ATTEST: Brian Heck, City Administrator/Clerk 5.? Fundiii ' r The proposed zi ; :-roiect will be 01 ry events wi- Se will t E_, co,~ v._ rcspl-,` Av. The sty it rc. r,. the Cv-'s Form t fund. T'-.,, amount for e. j i._ i . n~ table. Fea5thiliy Report ffardit{g Avenue and Harding Lane Roadwa} Reconstruction and Waterinain Improvements City ¢f Shorewood Project Yo. 09-02 Fb SB Project A o. 1 d3 9-34 Page 8 Feasibi, tv Report -.:ue and Hardin:g Lane a Reconstruction and Waternrain Improvements Cite aj wood Project No. 09-02 ffrS, I -t No. 14S9-34 Page 9 il~~€iIII[i€I~ c CQ C Ql v7 a) tn Et} In C9 C R f~'S [J G1 O tt7 Q 3 E z U tX C3 M Q ~ V7 O Y survey title: I Harding Lane and Ave Water question Edit Title design survey collect responses ( analyze results View Summary 1 current report: Default Report j 'Add Report) Browse Responses Response Summary Total Started Survey: 6 Filter Responses Total Completed Survey: 6 (100%) Crosstab Responses Page: Default Section Download Responses Share Responses 1. City Watermain Extension To insure the integrity of the roadways within Download Shorewood, the City Council directed Staff to survey residents along any roadway project with regard to the installation of city water. Historically Watermain extensions are assessed to the adjoining properties. Are you interested in the City of Shorewood installing city water along with the roadway reconstruction? The Feasibility Report estimated the watermain extension assessment to be $8,035.71 per property. The feasibility report can be found on the City's website at http://woblink.ci.shorewood.mn.us:8080/woblink7/docview.aspx?dbid=0&id=110439. Response Response Percent Count No. Not interested in city water 66.7% 4 service. Yes. Please include city water service in the roadway reconstruction 33.3% 2 project. answered question 6 skipped question 0 2. Please provide your contact information. Show replies Name: Show replies Address: Show replies City/Town: Download Response Response Percent Count 100.0% 100.0% 100.0% 6 6 6 6 0 answered question skipped question I U2 6/18/2009 10:49 AM CITY w . , r PA C--, CJS_ __JN TOUR 5755 C Q . - "'-CLUB ROAD S I-' . t - _-ITY HALL 1. CONVENE PA COMMISSION MEETING The Park Commission met at City Hall at 5:45 p.m. to depart for their Park Tour at 6:00 p.m. A. Roll Call Present: Chair Norman, Commissioners Quinlan, Robb, 1,,dmondson, DeMers, and late arrival Trent; Park Coordinator Anderson, and City Council liaison Woodruff. Absent: Commissioner Davis PARK TOUR 1. SOUTH SHORE COMMUNITY PARK -SKATE PARK The Commission noted some graffiti that needed to be cleaned up on some of the equipment. In addition, soiree gaps and lips along edges where ramps meet the pavement were warped, and the Commission questioned N-vhether staff could correct this as well. Anderson suggested the Commission notice the park signs as the tour continued, since she would be presenting a concept plan later in the evening. The Commission commented on the dry unattractive berm. The Commission viewed the Demonstration Garden with interest, noting its rather small size in reality. The Commission suggested thought be given to enlarging this space for the community garden next year as it appears to be a perfect location for the garden. The group suggested consideration be given to adding a drinking fountain for the gardeners and skaters, as well as, a small shelter near the hydrant and proposed fountain as an enhancement to the park. It was noted that a fountain with a spigot would allow the gardeners access to water at the site. DeMers suggested the pavement be expanded to the west slightly to incorporate the ramps which sit on the grass in an effort to allow for a smooth transition from ramp to ramp on pavement. Anderson stated that 3`d Lair would be hosting the skate camp next week. As a beginners course, Chair Norman suggested staff ask 3rd Lair for their recommendation on 1-2 small complimentary pieces which could be added to the mix of equipment. PARK GC ~ MINUTES TUESDAY, ~ ' 09 PAGE 2 OF 2 2® AID PA The Commission admired the recently completed tennis court overlay. Some graffiti was noticed on the wood sides on the tennis court surround and comment to replace the tennis court signs was noted. Ruts near 2°d base and other divits in the baseball field need to be filled. The condition of the pond was considered and discussion regarding the past studies ensued. It was determined that contact would begin with the watershed district as to pursue options, along with past Commissioner Julie Westerlund, then Dick Osgood from the DNR with a report or presentation supplied to the Commission in July. The Commission commented on the need to replace or remodel the warming house facility but a cost benefit for one or the other would need to he weighed. It was noted that the playground amenities were cracked and faded also. 3. SILVERWOOD PARK The Commission took a walk thru the woods to explore the proposed rustic trail placement and stopped to appreciate the views at the top of the sliding hill where the viewing area and benches would be placed. It was suggested that Public Works work with a group of Eagle Scouts to construct the rustic trail. The Commission suggested amending the area at the base of the slide with more `fill' and/or rubber mats. It was also noted that the upper wood railing behind the well house be tightened up as it was a bit wobbly and even lengthened. The placement of the picnic shelter near the playground and parking area was agreed upon with the suggestion of the addition of a drinking fountain for the park. As a group of youth played basketball on the refinished half court, the Commission commented on what a difference the overlay made. The Park Tour adjourned to the regular Park Commission Meeting at City Hall at 7:30 p.m RESPECTFULLY SUBMITTED, Kristi B. Anderson Recorder MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Norman called the meeting to order at 7:30 p.m. A. Roll Call Present: Chair Norman; Commissioners DeMers, Trent.. Quinlan, Robb, and Edmondson; Park Coordinator Anderson; City Council liaison Woodruff. Absent: Commissioner Davis B. Review Agenda Edmondson moved, Robb seconded, approving the Agenda as submitted. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Park Tour Minutes of April 30, 2009 DeMers moved, Quinlan seconded, approving the Minutes of April 30, 2009, as submitted. Motion passed 6/0. B. Park Commission Meeting Minutes of April 30, 2009 Quinlan moved, DeMers seconded, approving the Minutes of April 30, 2009 as presented. Motion passed 6/0. C. Park Commission Meeting Minutes of May 12, 2009 Page 7, first paragraph, line 5, of'f'ended was revised to state `Norman questioned little leagues assertion'. Edmondson moved, Robb seconded, approving the Minutes of May 12, 2009, as amended. Motion passed 6/0. 3. MATTERS FROM THE FLOOR There were none. 4. REPORTS A. Report on City Council Meetings of June 8, 2009 Woodruff reported that on May 26, 2009, the City Council began a discussion surrounding goals and objectives as it strived to update the mission statement. He stated that, while the Council denied the variance request on behalf of little league to allow signage on the ball fields, staff was C __--ION MINUTES TUE: JNE 9, 2009 PAGE 2 OF 6 directed to investigate a CUP with a contract which might allow on a limited individual basis signage on the fences. Trent commented that he was surprised the Council was interested in providing an outlet for this concept despite the Park and Planning Commission's recommendations for denial. Woodruff stated that the Council is aware the Park Commission saw this item and twice noted to deny the request. He indicated that there would be a public hearing to look at the new CUP process before it is or is not adopted. Anderson suggested that the Commissioner attend the public hearing as a resident of Shorewood and voice their opinions. Edmondson voiced his concern that allowing this exception might open the flood gates to other organizations and groups who wish to advertise in public spaces. Chair Norman stated that, although the City Attorney would structure the CUP document as specific and exclusive to this organization as possible, the risk is that others will follow suit. With regard to the meeting of June 8`", Woodruff stated that the Colmcil spent time discussing the lease agreement for the South shore Community Center (SSCC) between the City of Shorewood and the five cities. He believed the document would be well received by others noting that the lease would be sent to the other cities for approval. Woodruff pointed out that initial budget discussions had begun. Ile noted that while the SSCC would fall under a separate budget item from parks, i contingency fund might be set up within the park budget as a back-up. He stated that the lirst budget review meeting was set for June 22°a at which staff was directed to fol low a zero increase budget to match the zero levy increase. B. Update on Summer Activities Anderson reminded the Commission that the 3`1 Lair Skate camp would be taking place next week. In addition, MCE programming would also begin in the parks next week. Anderson stated that she had researched many battle of the band winners from the area and sent them information on the Garage Band Jain (GBJ). Anderson also recruited Enigma director Brad Eller to be a judge and call the flyer to hundreds of bands lie works with at the club. She urged the Commission to recruit bands, judges, and continue to spread the word. Anderson mentioned that the TKDA illustrations would be on hand at Eddy Station for GBJ and encouraged Commissioners to attend to answer questions. She stated that staff would be having buttons made for Commissioners to wear at upcoming events. She also mentioned that members of a local `hot rod' club may bring some of their cars to GBJ for display. 5. DISCUSS PARK TOURS The Commission chose to discuss the park tours as part of the TKDA discussion points under item 7. 6. REVIEW REVISED DONATION PROCESS / ACCEPT DONOR REQUEST FORM, ACCEPTANCE & INDEMNIFICATION AGREEMENT AND MEMO AGREEMENT PA Du T"1114ISSION MINUTES TUE JNE 9, 2009 PAGE 31 F 6 Trent indicated that he had reworked the document based on specific suggestions at the previous meeting, Although a majority of donations will fall within the park and recreation umbrella, Chair Norman suggested the Commission consider making the document more inclusive of city wide donations. Woodruff concurred and questioned the object of each document within the process. Anderson stated that the Donor Recognition Policy was created ten years prior to address donations made to the parks, in particular the Garibaldi Plaza at the time. Purposely designed very specifically, she stated that the document could be revised to incorporate more general donations and recognition, though a section focusing on the ongoing maintenance of items should be added. As in the case of the proposed concession stand and batting cages, the Commission must clearly identify whether there is a need for those items in the first place, as well as ongoing maintenance costs associated with the construction of those elements that may fall back upon the city for perpetuity. Chair Norman concurred, stating that the Arborehnn does not accept a donation without an endowment attached for the ongoing care and maintenance of the item in perpetuity. He suggested that staff redefine the document for review in .luly. Anderson clarified the other documents within the donor process including the Request Form, followed by the Acceptance and Indemnification Agreement which is executed once the Council approves the request. She explained that the Memorandum Agrecment is an item which is executed between the city and sports organizations each season and was included for review since numbers 11 and 12 were added to mirror the donor/maintenance process. Anderson urged Commissioner Trent to share his suggestions, stating that she would work with staff to tweak the process and documents as discussed, and then forward them to Trent for comment before the July meeting. Woodruff suggested that the policy be cleaned up, as there seemed to be much redundancy throughout the document. I le further suggested an outline for the policy accompany the policy identifying each section. While lie felt a fund for maintenance should be set up, Woodruff indicated that a threshold should be identified at which this fee is required. 7. DISCUSS TKDA PRESENTATION AND PRIORITIZE/IMPLEMENTATION OF PROCESS Anderson apologized for the enormous amount of paperwork which accompanied the packets this month. She indicated that the TKDA information had arrived late, thus, she had created some documents in advance for discussion. She suggested the Commission consider the Park Renewal Schedule incorporating individual comments into the priority list on a park by basis, or take a single park at a time. She pointed out that the Process Flow Chart should assist the Commissioners in identifying where they are in the process now, what the next steps should be, and/or how to execute updates in the fixture. Chair Norman suggested the Commission start by sharing their visions for what should happen now. He urged the Commissioners to share particular elements with staff so that they could go back, price these items out for July, so that the Commission can lay out a direction for budgeting and the open house. He noted that, given some controversial items, not all of the elements in the 13~ CO TQQ 11"Ti ,S J PA-, 40F6 TKDA proposal may ever come to fruition, but he encouraged the Commission to use these plans as a basis for making recommendations Woodruff reminded the Commission that the CIP gets approved in November, whereas the 2010 budget process is in its initial stages. He suggested the Commission focus on the immediate 2009-2010 items this evening and discuss the future 5-10-15 year CIP items in the fall after immediate budgets have been finalized. Park Renewal Schedule 2009-2010: "All parks - Update Park Signage 2009 - Add bike racks to all parks Silverwood Park: 2009 - Clear & Construct rustic/paved trail combo - Install benches - Add fill/mats at base of slide - Add tot piece 2010 - Resurface parking lot - add small shelter Manor Park: - Investigate pond options - Remodel vs. Rebuild warming house - update/add tot pieces/replacc playground equipment - Install redesigned parking lot - Install new tennis rule signs Since there was a picnic shelter slated for Silveri-vood this year for $50,000 and it is the impression from staff that a shelter could be installed for less, the remaining dollars should be transferred over to help offset the additional costs to reconstruct/rebuild Manor Park's warming house. Woodruff su~,,gested the Commission consider asking people to donate to the parks for improvements. Chair Norman pointed out that the Park Foundation could help fundraise to potentially offset higher costs for a new structure. Freeman Park: - Trail entrance sign as well - Better field identification signs - Add community garden plot - Add sliding hill - Re-roof little league concession stand - Re-roof picnic shelter Badger Park: - Tennis court overlay - in CIP 2010 f')MMISSION MINUTES T UNE 9, 2004 PAG S 3E 6 - Install perimeter rustic/paved trail - Picnic shelter - Pond overlook w/benches - Upgrade warming house - roof, paint vs. siding vs. remodel Skate Park: - Add directional `city park' sign at crossroad (near Manor's directional sign) - Add small shelter - Add drinking Fountain (w/spigot) - Install `Community Demonstration Garden' sign at garden site - Blacktop strip of surface under skate equipment 2010 - Enlarge community garden Cathcart Park: - NOW - share vision and negotiate with Chanhassen - Add chain to opening on play structure - Add 1-2 tot pieces to playground - Add bocce ball and horseshoes under tree canopy - Add bleachers 2010 - Relocate rink (install synthetic boards, hard surface, hoops, and lights) - Construct redesigned enlarged parking area Anderson presented a piece she'd assembled on various playground manufacturers in the area, as well as, identified numerous parks she'd visited and t~ikcn photos of for Commissioners to visit as well in order to view samples of each one's work. She cited the synthetic board hockey rinks in Watertown and Minnetonka as must see places to visit if the Commission would like to view multi-use facilities. Having spoken to both communities, the synthetic board rinks with hard surface and basketball hoops have served them well. In addition, Anderson pointed out several shelter examples within Minnetonka and Plymouth, along with pricing, as a basis to compare to those presented by TKDA. Much more affordable options, the Commission admired the designs. 8. PRESENTATION / DISCUSSION OF PARK SIGNAGE Anderson shared a proto-type sample for the proposed park signs she had been working on in conjunction with Planning Director Nielsen. She passed around a sample mock-up for a faux limestone monument sign with slanted faux brick column and raised logo/park name made of a polystyrene material made to coordinate with the brick and metal used on City Hall. She presented the estimates based on seven two sided park signs including installation; a 6X4' sign at roughly $5141 and a smaller 4X5' sign costing $4858 for comment. The Commission complimented Anderson on the design and price asking when the installation could occur. Chair Norman questioned if other designs were considered. Anderson stated that other designs were considered, though she was working with Director Nielsen and the sign company on elements which would unify all of the parks and city hall campus. She stated that the Commission has already included signs as a line item in its 2009 CIP budget. 9. DISCUSS CITY HALL OPEN HOUSE ON JULY 15 TU ;009 PAGE 6 Anderson stated that the Open House was slated for July 15`f' between 5-7pm. She indicated that the TKDA illustrations would be on hand, as would playground sample boards for public viewing. She noted that she had created a `sample survey' which will be reviewed in July for the open house. On the `general' survey the public can fill in which park they have comment on, answer various questions, and make further suggestions. Chair Norman encouraged members of the Commission to wear their names buttons and attend the Open House if possible to answer questions. He suggested staff do as much as possible to publicize the event. Woodruff pointed out that, typically, not too many members of the public stop in at the open houses. Anderson suggested the Commissioners go out of their way to adv,crtise, by word of mouth, the open house. She mentioned that additional open houses would likely be slated for individual neighborhoods as park improvements are considered. 10. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON JUNE 22, 2009 Chair Norman volunteered as liaison. 11. NEW BUSINESS Anderson shared equipment alternatives for the replacement piece at Cathcart Park supplied to her by the Landscape Structures, the manufacturer. Ranging from $1150 - 2860, the Commission was not convinced any of the alternates would be any safer for very young children than another. Within safety standards for the 5-12year old user, the structure is compliant with current safety codes; therefore, the Commission suggested Public Works look at obtaining rubber coated chain and stainless steel bolts and running a small chain across the opening to further delineate the opening. 12. ADJOURN Quinlan moved, Robb seconded, adjourning the Park Commission Meeting of June 9, 2009, at 9:40p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recorder CITY OF S I , 'OOD PLANNING( )MMISSION MEETING TUESDAY, 2 NE 2009 MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Geng; Commissioners Arnst, G Council Liaison Zerby Absent: Commissioners Ruoff and Vilett APPROVAL OF MINUTES ® 5 May 2009 Gagne moved, Hutchins seconded, App 2009 as presented. Motion passed 4/0. 1. 7:00 P.M. PUBLIC HEAL Applicant: M Location: 21 Chair Geng opcne:d th4 1'uhli(H4 He explained hens aetocl ups>n . meeting acmida f'01* further Director- Mbfi"en stated that Mark Lang _pi~pose a substantial variances.Ond a ~ sIz'lance to expand The property i5 106a-Id. d in the R-IA feet of area, notiu.,~ .lots ~iro require The subject property i~ .mg::k pied situated back from the <T,11.*;0;:,La,1?# required front setback area; ? COUNC_ , 5755 COUNTRY CLUB - _JAD 7:00 P.M. P Nip!>cn; and Comi t 's--o Meeting Minutes of 5 May )NT YARD:SUBACK VARIANCE and Bradley Heppner at sid the procedures utilized in a Public Hearing. d on a 22 June 2009 Regular City Council t;and Brad Heppner own the property located at 21780 Lilac .and remodeling of the existing home that require setback otl06nformity of a nonconforming structure (the owners' house). le'Family Residential zoning district and contains 56,180 square 6`a minimum of 40,000 square feet of area in the R-lA District. e owners' home and attached garage. The house is currently -of-way approximately 34.4 feet, encroaching 16 feet into the Nielsen explained the applicants propose to demolish the garage on the east end of the house and replace it with a larger garage with a second story addition above it. The first floor will be extended to the west by 20 feet with a second story being added to the entire structure. A small dormer addition currently exists above the main part of the house. A porch, five to eight feet in depth, would wrap the entire first level. An existing deck at the rear of the house will be removed. CITE' E_ _ D PL_ I MEETING 2 June 2Jir9 Page 2 of 10 Nielsen stated the property has some dramatic topography. The property is substantially wooded. There is a steep ravine that extends north and south on the west side. It slopes from south to north into a wetland area on the north side. The existing home sits on the high portion of the lot. Nielsen explained the existing home contains 1071 square feet on the main level, plus approximately 240 in the dormer for a total of 1311 square feet. The existing garage contains 280 square feet. The expansion would result in the first floor being 1312 square feet, not includingthe porch. With the porch, the first floor will contain 2520 square feet. The upper level will have another<11;2 sgtare feet, for a total of 4432 square feet of floor area, not including the lower level. He noted the .A' drawings which were included as part of the Staff report, one of which shows thz..relat~i tYShip of the existing home to the proposed structure. With regard to the analysis of the case, Nielsen explained the C m's /.oir~ihcy Code I'u xp~ui'sion of nonconforming, single-family structures as long as the is not in~rc tti~d; ntit'ing this includes adding additional mass upward on a structure that is alrclily too close to tnc property line. Whereas the existing home is primarily a single story, the entire 1)iOP0"* ~1 second story will be only 34.4 feet from the front property line. This results in a dramatic clt~ange iii; btlad.3:13g inass very close to the street. Although the applicants' letter states they will not:.extend the home iii-fth r and than the current bu ildi jig, the plans indicate the porch extends into the, eta air<additional e'" ' e "re uirin a setback variance of 24 feet. With regard to variance requests, Nielsen expl All. the flt`s7 lii ig to nd;.the Planning Commission consider is whether or not the property can be putt t! ;tasogAIO use WKtlxoiit the variance. In this particular case Staff suggests the structure can be expanded` i`:n, a wa ifik does:';':' wire a variance and would not increase the nonconformance of the exi.X.RI propery. Staff believes th"te is ample room to the northwest of the existing house to accommodate an Xpansion Wit`otrt hdV ing to drastically alter the site; that portion of the property is relatively flat Ttie structure is -alr*dy my close to the street, and the issue is compounded by the fact that Lilac J4 a substandard rightof way. Lilac Lane has only 33 feet of right-of-way (it's supposed to have0. €Get) aid. the paved surface of the street is very close to the edge of the right-of-way. Nielsen stated hard on the anQys,. of the caseaf believes the request does not satisfy the criteria for granting a varian .e: Stale is c orirnrends We applieantS' edirect their efforts to expanding the structure to the nortllvvttathe existing hole: Nielsen stated<::the applicants were p'sent this evening, and Mark Themig (one of the applicants) has prepai ed aa'o\\ i rAoint presentation for the 11anning Commission (a copy of which is on file). Mr. Themig stated tltetz property, 217$fl Lilac Lane, borders both the City of Shorewood and the City of Chanhassen. It is 'il e lash ptQ :e:rt3' vu ` e' ad-end street. There are seven houses that front Lilac Lane with ~ii• block. Their house was built in 1934 and it was 24 feet wide by four of the seven berm located<on tiki 24 feet long. A pine room rn:d..ot scar garage were later added to the east, and a garage/storage area were added to the west of the structt:'>"The core of the original house is still the same. Mr. Themig explained the house is located on the top portion of the lot. He commented that years ago Lilac Lane was basically a dirt trail. He explained there are steep slopes on the property from the south to the north. There is a ravine on the west side of the property and there is a large wetland to the north. The majority of the property is undisturbed. There are plants on the property that were planted many many years ago. The area that is disturbed is near the house. As part of the Apple Ridge development the City required the developer to put a conservation easement on the property directly west of their property. He CITY O -,OD PLANNO' 1 2 June 2uu9 Page 3of1.0 noted the area they are trying to protect in their variance application has topography very similar to that of conservation easement. He displayed an aerial photograph showing the houses in the surrounding area. He explained the trees on their property were small in the 1930s. Although they are not century trees (they are not hundreds of years old), they are significant and they add a lot of character to the neighborhood. He displayed a photograph of a portion of their property in the summer time; it showed a number of healthy red oak trees. There are native plants and flowers all over their property. Mr. Themig then explained they proposed incorporating the 24-foot by 52-foot structure. The garage and pine room to t1 connection and a 24-foot by 22-foot garage/multi-purpose structure would be made into a two-story structure. Their Ala as part of the proposed project. They are also trying to pt Ac the reason they believe they have a hardship. Mr. Themig stated with their variance request their propose nonconforming setback of 34.4 feet. The structure will expa within that setback. They are proposing to go slightly closer foot porch on the front utilizes the footprint of the exist) tl place. They are trying to utilize areas on the propq y„that variety of photographs of the existing structure and: rndre ate The area on the back side of the house is already:itafizrbed garages, etc. Mr. Thenlig reviewed the City's conditi request complied. Their proposed prcj adjacent property. It will not unreasonA is located at the end of a dead-end street The majority of the wiring in the hon_4 thereby improving the conditions. l J.1Q` established nronertv.val,uea,.in the neiRlib not violate the Mr. Themi.g stacl`tliey believe )hey the existtti... e area. The proper hard coven I-l' explained the current':, what thej 'thought were three specia land, stru tuic 6r.`,building involved suggested:::: Stal.f they will have to the house are si;gtefiatld will rer their proposal respi~'v(y YI1 [ dis their proposal affects -111i*** an additional 3 - 4 trees would~!i)efll :istm24:-foot 1<iv 24-foot structure into a east would be rc 13~1aced with a breezeway ).m. The e~i~tio~ one and one-half story to use .J: ,c~ clcd tuale.rials where possible the natural res<~ zcc5 oil::property. That is 1, p1.1MA Structure will honor the existing 4o the cast and west as well as vertically a the road s r11i t] ..o porch. The proposed 6- front-door'stoo,~ a1c€ walkways already in iave already been: dJALirbed. He showed a where: the new sti•uc#ure would be located. ~tlt;a s13cd, walkways, an old gravel road, governing coderatior variance requests and how their will not nnparr all adetlu to supply of light and air to the iii tease congesor tiltlrblic street because their property will not mcrea?:e. aver of fire or endanger public safety. 4 original wiring and::11 will be replaced as part of the project not believe the larger structure will diminish or impair the atilteir neighbors do no think so either. The project would 's< Yii~ ahensive Plan. the e an urtere .tql opportunity to preserve rather than encroach on pproximatehy 1.2 acres in size, and there is only 8.4 percent of vas built prior to the current zoning regulations. He reviewed ridetions and circumstances that exist which are peculiar to the stx if they are required to expand into the northwest area as staiitiaily change the topography of the area. The slopes behind :ognificant excavation, cut and fill to make it buildable. Second, area; they do not intend to impact undisturbed areas. And last, one maple tree. If the project were to utilize the area to the north Mr. Themig reviewed some of the conditions that must be demonstrated before a variance can be granted. First, "Literal interpretation of the provision of this Ordinance deprive us of rights commonly enjoyed by properties in the same district" - a number of homes do not meet the setback requirements of the district since many homes in the district were constructed prior to setback requirements (50 percent of the homes on their block do not meet the requirements. Second, "The special conditions and circumstances do not result from the actions of the applicant" - the house was constructed on the lot in the 1930s long before setback requirements were established. And last, "Granting the variance requested will not confer on the CITY v Ate NING COP.' 2 Ju. Fags J of S_. applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district" - they do not believe that they will be afforded special privileges with approving their variance request; their request is supported by the site conditions discussed in their request. Mr. Themig addressed a couple of items identified by Staff in it's analysis of the request. The Staff report indicates the proposed porch will extend an additional 8 feet which would result in a setback variance of 24 feet rather than 34.4 feet. He explained the porch will only be 6':-feet wide, and it would generally be located in an already disturbed walkway area. There would not be arr~- colnr~ ~.5 on the porch; it will essentially be a deck with an overhang above it. Its visual impact wrll #1c tni'Imnal. The report states the second story will only be 34.4 feet from the front propertyrie, and ::t..I~r~tS3, 111 a dramatic change in building mass etba sI d setback for the very close to the street. He explained the 34<~~ 4 ~s existing house, and the proposed second floor will honor that setback Lilac m is a dcad end street, and people reaching the end of the street are either coming to vrrt thcr?z or they are lost They d« ~tti1ink the massing of the home is as dramatic as Staff has indicated :hev d~ n0tthink massing is aildre~ ed in the Zoning Code, especially in the relevant R-!A District. The prop~~scdLddition will not .e,\uced height restrictions specified in the Code. The existing house is a and ai d' t)E1,-(l~lf:!:story structure; the expanded structure will be 2 stories. The massing of other homes on Lilac -11e at7Ci::::in the neighborhood is substantially greater than what they propose with their addition. He showed p 4..' 1 ft. & other houses in the area that have a mass greater than what they propose. Mr. Themig went on to explain the Staff r especially the northwest; there is no demo recently pointed out that the question is Expansion to the north or northwest pose tree removal than there would be with tl would result in substantial alternation of_t has a larger footprint on the lot. ThesStal1 of the neighborhood; the homea --_..D": requirements and the mass of the pi opts explained two of the,fgyr houses (one b~ variance and homes on sn their home.;ti of the neiiN in Mr. "fib ;rig Lane,"a'cl. whose prod Chanhassen they have contacte :her properties that 'font Lilac Lane eports iffy there; su st ial room for expansion to the rear nstatctrdship;;erl da:1Minnesota Supreme Court not Ait';6he of JI rdshio; f;aiso of "practical difficulties". s real practical crfficultes tl3ere would be substantially more ~e proposed expansion; thc., ades to the north and northwest liodandforms iy si i:u s, an:d, it would result in a home which c port states the v~ incd should not alter the essential character Lilac Lane are situ* d quite consistently with the R-lA 1::46 ture would not be consistent with the neighborhood. He utg th tr house) on their block do not comply with the setback np iancc t i e;,newer houses. South of Lilac Lane there are large on the tnawsing: The neighborhood is quite diverse. Relocating It in the addit onal loss of trees and that will alter the character their neighbors whose properties either front or back Lilac ted within 500 feet of their properties. The property owners )ortive of the proposal, as is their nearest and furthest In summary, Mr. Themig Stated. he and Mr. Heppner want to reuse the existing structure and the existing disturbed areas of land, the ~v iutt to respect the current natural resources and incorporate them into the design, they want to eliminate the need for additional excavation and fill by keeping the location of the expanded structure as they proposed, they will not further encroach into the existing 34.4-foot setback area with the primary structure, and they will be green conscious in part by expanding upward and using existing disturbed areas of land. He noted all of his immediate neighbors are in support of the proposed project. Chair Geng opened the Public Testimony portion of the Public Hearing at 7:44 P.M. C g' U DD PL,' I e N 6Y Pry 5(flo Tom Wilder, 21740 Lilac Lane, stated his property is located directly east of the applicants' property. He thought their proposal was great and he was in support of it. The proposal appears to be well thought out. Donna Pickard 1215 Lilac Lane Chanhassen, stated when she was a new mom and a city girt moving to the country, noting Chanhassen was the country 22 years ago, she did not have a clue as to what was growing under her feet until she met Mr. Hartman He immediately took her to the north side of his property and proceeded to show her his garden. Mr. Hartman, a nature lover protected his plants with >l<:aear..:ed:about native Minnesota coffee cans every spring so they would grow to beautify his yard. plants from him. He encouraged her to buy a copy of the Peterson ~olc~ urrte sus she could learn how to 11 Hartman he walked identify plants in her yard and his yard. Whenever she and a1':`:`.. I with them around his property and showed them the cha*11tttg'landsep \vitli e0h season came new discoveries. Her children looked forward to hiking the Hal't1i1~ E.t1 property ~ IL li 3i 'bcUn v ears since she has walked the property in question. She knows what exist§ iA1wi4.`. r d sliq`thought it \~ats a spQ i il,~ place. There are few natural areas left in neighborhoods; people s:ho~trld utl to preserve the 4c~1 th~lt`'are left. She recommended the Planning Commission recommend appralaf;<tlle front-yard' setback variance request to protect the native species that grow on the north side erfffi a}~pl cants' house. Robert Fuhr, 5925 Mill Street, stated he has been w%.Ri a,g with the a' pltc4i4Ws ot? the design of the proposed expanded house. The proposed project .has been well ghfi:i opt The applicants have painstakingly gone over their entire property and taWn a NA th~~u~ghtful approach to the variance request. He expressed his support for going upward rather than bath t,>: extsand was a great choice for this property. Chair Geng closed the Public Testimony p9gion`i f it e Pul f c Hearing t x'48 P.M. Commissioner Hutchins stated Mr. Then ig i`i3dicated there is cariicl 1z kh overhang over the porch, but it is not indicated on any of the drawings tl e applicants pr& ded rr Themig stated that was still being finalized, but the concept is to hava:sot deck suspended'fron the house and to have an overhang attached to the house, noting there' t t 6.fbe any pillars. Mr. Themig explained part of their challenge was deciding how much to spend on desrgr~ s%t~ rocs before they knew if they could get a variance. Commissioner' iltfc aplalicants plann~il>>;:using all or part of the existing foundation. Mr. Themig explxrn7c eI`'tley drd pl nr 6W t~.ing the ekstrrg foundation which is why they are proposing reconstruding the house in the cutrcfif1b" ation and eliminating the need to excavate additional area. The area whcrc,'the`Irouse will be expandc,t€ iY Y 1e east is already disturbed. In respc ~ s' "f: i tlestion from Comn rssr6::;: Gagne, Mr. Themig explained the gravel road across the street fioriY.hF~ p Eipetty. is an emergen? rpd to a storm water retention pond. Commissioner Ari75t ,44 Chit: pp~ ~~d'tliat the applicants can only partially see one other house on Lilac Lane from their propert>;;v 1ibi: K&T Rage is out. Mr. Themig stated the second house to the east was the only house visible. Arnst`t13✓7;tafcl the massing issue is not significant because it won't have much a visual impact on the applicail'is' i-bighbors. Mr. Thernig stated they had spoken with the neighbor across the street from them and the neighbor stated his windows that face their direction are windows in places such as bathrooms and he looks out his windows facing west. The neighbor also stated his house would still be higher than the applicants proposed 2-story house. Commissioner Arnst stated the applicants' property is very unique. It is located at the dead-end of a very small road. There are beautiful trees and plantings growing over the majority of the property; the property is stunning and special. She thanked the applicants for their desire to protect the natural resources on their 2 .lu - - - Page 6 L property and for the unique design of their proposed house. She stated the topography of conservation easement to the west of their property somewhat extends into the west side of their yard. She expressed concern that in the future someone would want to put an addition in the back of the property and destroy that beauty. Mr. Thernig stated they did not have plans to build any further onto the property once/if this proposed project was completed. He then stated they would be willing to consider a conservation easement on that portion of their property if that would ease people's concerns; the ea5 z.nent w 'Id;protect the property for ever. Commissioner Gagne stated he shared Commissioner A to the applicants property he can agree with Mr. Themig' Lane near their house was either coming to visit the app his support of the applicants' request. He appreciated it time. Gagne moved, Arnst seconded, recommending approval the variance to expand a expand a nonconforming struc 21780 Lilac Lane. Director Nielsen stated Commissioner Arnst agree that the variance is justified. Although t is noting in their request that would prevent portion of the property in the future. If;tl, suggested a conservation easement be pilc', permanent protection measure and a justtfrcat Without objection from the n that a conservation easement property. _ Commission~g::Hutcirtt~s asf~~ct: t~tr; potential ne d:%d..-exxpand the rd ti?I 33 feet wic(~,.t~ttl er than 50 feet, t located Jt1 C haiihassen. The City di although f'roin>a safety perspective noted he trscd tht' Travel road to the City of C;h idiassen owns the gra, property there rr t t u s< asked on;,; around. Hutch ins `Clfi:: .::t" ' edw1, ' Gagne stated there is`r at.11-gg 6 j:41... l after having been fravelitiu on Lilac buttlti:ilall the ie requests fo►;:a setback variance and for Marl s are ag and Brad Heppner, ielsi✓rr to::e?'t t on the Lilac Lane right-of--way and any mergeieehicles. Director Nielsen stated the right-of-way is o turnaround on the roadway, and part of the right-of-way is :have plans to extend Lilac Lane or to construct a cul-de-sac, y;pe of turnaround would be advisable. Commissioner Gagne Water retention pond as a turnaround. Mr. Themig clarified the f. Hutchins stated when he went to look at the applicants' me and he had to drive off the roadway onto the gravel to turn be needed to create a turnaround for public safety reasons. after the applicants' property. Commissioner Hutchins expressedi concern about recommending approval of a variance without having the final exterior design plans for the structure available for review. Director Nielsen stated that typically when a variance is granted it would be for a specific plan, and this plan is not complete because it does not include the porch other than in the plan views. Commissioner Arnst stated the applicant is working within the existing footprint. She commented that if the City decided to construct a turnaround on Lilac Lane there would still be a house with a 34.4-foot setback from the street; it would be either a one and one-half story house or a two story house. Director -Al_ - COMMISSION M - Nielsen stated the structure would be 6 - 8 feet closer to the street because of the porch. Arnst commented that any house build prior to 1970 is likely to be nonconforming. Chair Geng stated the problem with this variance request is there are other alternatives of where to build than what the applicant proposed. He commented he is not trying to be insensitive to the applicants. He expressed be is very impressed with the sentiments of the applicants and their desire to preserve the natural resources on their property. He then expressed his uneasines$:,;with approving a variance request that would increase the nonconformity from a policy perspective, in particular g forward. He thought the Planning Commission is constrained by the existing „policy;>Tf Cfl'wants to consider an amendment to the Zoning Code, it has the power to do so. . «n clid not In response to a comment from Commissioner Arnst, I ii ctdr N1el4el :VXplau Q<E rf tho in pass because of a tie the applicant can still bring the variance...., le t b f6re the Court ri:for Cat~~~deration. Motion failed 2/2, with Geng and Hutchins dissenting. Chair Geng stated the application will be placed on the City C6 hcil s7 n <2 2009, meeting agenda for consideration. Chair Geng closed the Public Hearing at 8:05 P.M 2. REVIEW STORMWATER MAINTENANCE PROYM 3NSj~';OR WILDWOOD PLAT Applicant: Brent Hislo ~P P Location: 6045 Straw:bert*Y ane Chair Geng opened the Public Hearing Director Nielsen stated that when; 2009 of the Wildwood plat on Stra protective covenants relative to l protected. The draliw oc:::: pos~r1 holding pond at t ie perinl7 er c~P ti and on to tile.l7p ,11. State had eor report. Skiff oOinmended long tt'i the prat p`towners in that plat' tdij " i fit and correcting a propose c(e l ii ti on that addresses .M. 'lapni,ng Commission recoillmended approval during its 6 January ...for Brent Hislop it requested to see the provisions of the th0 lr.441 , e features would be permanently maintained and to CE>r dir. 4i -drainage to a system of a rain garden, ditch and roperty, rjV:.Q water ultimately draining through Freeman Park is concern abz u the maintenance of the drainage system in its Staff )t, visions in a'declaration of covenants be prepared to make sure i J.ey were to maintain the drainage system through annual d~ 'd encies. The developer has submitted an excerpt from the Jsse. Staff recommends the following changes to the declaration. 1. ~ . filte G trwrvation r< ye ent referenced in paragraph 1 should indicate that the co ct *ioll fcase'dhou'~t will be in favor of the homeowner's association and the City of Shore*wOo t. 2. The reference to "approved plans" in paragraph 2 should be specific; for example, it could include "plans prepared by , dated 2009" or it could include a copy of the plans. 3. The City must be a signatory to the declaration, requiring City approval to modify it. 4. The Home Owners Association (HOA) documents must include things such as mandatory membership, the election of officers, the frequency of meetings (at least annually), and a mechanism for assessment of maintenance costs. 5. The declaration should also clearly state that failure of the HOA to enforce drainage provisions could result in City action and assessment CITY 0' t 2 Jul Pag€; a of a Mr. Hislop stated he had no issue with recommendations 1, 2, 4 and 5. He explained that although a major reason for having the HOA is to address the issue of the maintenance of the drainage system, it is not the only reason. The City's involvement with the declaration relates specifically to Article 17. He requested the City only be authorized to approve amendments to Article 17, which is specific to the drainage system, and not the entire declaration. Director Nielsen had no problem with restricting the City's approval to Article 17. In response to a question from Commissioner Hutchins, Mr.,Hisla: City the authority to assess for maintenance improvements to, Ike dii address them. Director Nielsen stated it also allows the H.0 , 'asses violator for maintenance costs. Nielsen then stated wlt 1*':. final;;' declaration of covenants should also be submitted. Director Nielsen stated Staff recommends the declaration of Seeing no one present wishing to comment on this case, Testimony portion of the Public Hearing at 8:16 P.M. Hutchins moved, Arnst seconded, recommendiria"~, to Staffs recommendations and to limiting t1 fy's declaration of covenants to Article 17 only. M t~ pas-i Chair Geng closed the Public Hearing at P 3. PUBLIC HEARING - ZON i C0DE T REQUIREMENTS (contin: A ft m 5 May Chair Geng opened the Public Director Nielsen::;smfed discussedparlcnlgr-chine en definition J5::::.-. ff~PPING constructed Oil.& managed as provisib' : : Gods delivery s the ele neiats<>::::> Seeing no c?ne„:pres►lt. wishing to Testimony port16 gi the Public He; Hutchins moved, Art amendment regarding Article 17 gives the if the HOA does not wners or individual ed: for anuroval the and closed the Public declarat%ori: of covenants subject uthority for amendments to the REGARDING PARKING the 609 Planning Commission meeting the Commission it suggested tle.defihition for shopping center be expanded. The new R-. A group oftliree or more commercial establishments planned, 1 c r)tty, with customer and employee parking provided on-site, f T4:,customer access, aesthetic considerations and protection from on this case, Chair Geng opened and closed the Public 18 P.M. recommending approval of a Shorewood Zoning Code text rements. Motion passed 4/0. Chair Geng closed the Public Hearing at 8:19 P.M. 4. DISCUSS PLANNING DISTRICT AREA PLANS Director Nielsen stated the plan had been to discuss Area Plans for Planning Districts 8 & 9 during the 19 May 2009 Planning Commission meeting, but that meeting was cancelled when a quorum of Commissioners did not show up. He distributed a copy of a revised Area Plan for Planning District 8, CITE' 0 kNNING C m P 2 Jeer Page 9 of . D noting he did not expect the Commission to take action on it this evening. He reviewed Staff's recommended changes, which were insignificant, to the District 8 Area Plan. It will be changed to state the District has experienced some redevelopment, rather than saying it will likely do that. It notes that subdivision of larger parcels along Murray Street will be dependent upon cooperation of landowners. The year of 2001 was added to clarify when the intersection of State Highways 7 and 41 was reconstructed. It reflects the abandonment of Woodhaven Well. Nielsen then reviewed changes that Staff thought should be mad reference to updating the R-C property zoning at Christmas Lake Rd it's been done. It will reflect the master plan for St. John's: C ~ itietel Radisson Road have been completed which resulted in st1(taband Southeast Area water system has been connected to the fie-sbury He will make those changes to the Area Plan prior to the III nn i ` 9.0 Nielsen stated the Planning Commission can soon begin meetings to give the residents an opportunity to review Area In response to a comment from Commissioner H plans to further improve Radisson Road. Hutcl dangerous when there are walkers and bikers on 5. MATTERS FROM THE FLOOR There were no matters from the floor 6. DRAFT NEXT MEETING Director Nielsen stated the 16 J devoted to continued discussion Nielse. of the ion's t 9 Area Plan. The 7 can be eliminated; oved, that studies of einents, and that the ' i nt.ing,€)istrict 12. onducting idYghborhood Comprehensive Plan. did not have any son Road can be Commission-- eeting is a study session and it will be Area Plans. 7. REPORTS • Li ison to C Ul:61.10 lA dered and actions taken at the 26 May 2009 Regular City of that meeting). Council Liaison Zerby elaborated on the e League's request to allow commercial signage on ball-field i Park. No report was given. Commissioner Arrest stated there are organizations in addition to the Sensible Land Use Coalition that offer good programs on planning topics. She thought it may be worthwhile to consider them. Other None. CITY OF SHO -,ANNING C" z ffi: G 2 Nurse 2009 Page 10 of 10 8. ADJOURNMENT Arnst moved, Hutchins seconded, Adjourning the Planning Commission Meeting of 2 June 2009 at 8a27 P.M. Motion passed 4/0. RESPECT'FULLY SUBMIT'T'ED, Christine Freeman, Recorder TO: Planning Commission FRONT: Brad Nielsen DATE: 19 April 2009 RE: Off-Street Parking Requirements FILE NO. Zoning Code (1201.03) When the City revamped its commercial zoning districts in 2007-08, it was noted that the parking requirements associated with various land uses should be reviewed and updated. In researching this subject, staff examined two areas of concern: 1) uses for which no parking requirement has been identified; and 2) uses for which the parking requirement should be updated. The sections of the Zoning Code that were examined were 1201.03 Subd. 5. (off- street parking requirements) and Sections 1210 through 1223 (zoning districts). Our primary resource in this effort was Parking Standards, Report Number 51-1511, a Planning Advisory Service report put out by the American Planning Association. As always, staff examined ghat a number of other cities with contemporary zoning codes have included in their regulations. Uses/Parking Residential. With the possible exception of senior housing, the parking requirements for residential development is up to date. Residential uses are required to have two parking spaces per unit. Senior housing of the type that has been developed in Shorewood (independent/active) is also required to have two spaces per unit. Nursing homes are also addressed in the Code. Both of these uses are considered up to date, however, the one area of senior housing that is not addressed is assisted living. Since this is an area that will be scheduled for further discussion, parking can be addressed in more detail at that time. Nonresidential. Following are uses for which no specific parking requirement has been identified. It is worth noting that the Code contains a provision for such cases, stating that when there is some doubt regarding a specific use, the Planning Commission shall make a determination on parking based on similar uses. PRINTED ON RECYCLED PAPER i ra lie: Zonis C _ - i -r cments 19 April 2009 1. Amusement places. While some communities simply treat this the same as retail/service space, it is reasonable to use an occupancy standard, sinular to churches and theaters. Staff recommendation: One space per three people of design capacity, based on the State Building Code. 2. Bakery. Considered to be a retail/service activity. Staff recommendation: One space per 200 square feet of net floor area. 3. Barber and beauty shops. Often treated as retail/service (1/200), there is a relationship between the number of chairs and parking. Staff recommendation: Two and a half spaces per chair. 4. Catering establishments. When addressed, it typically shows up as retail/service. Staff recommendation: One space per 200 square feet of net floor area. 5. Coffee houses. This use is covered by "drive-in establishment and convenience food". Staff recommendation: One space per 15 square feet of gross floor area, but not less than 15 spaces. 6. Commercial tutoring and learning centers: Sometimes treated like office space, a reasonable relationship exists between the number of teachers and students. Staff recommendation: Two spaces per employee on the maximum shift. 7. Copy service/print shops. Most frequently addressed as retail/service. Staff recommendation: One space per 200 square feet of net floor area. 8. Day spas. These are relatively new uses relative to zoning. Currently, they seem to be handled as retail/service uses. However, each one needs to be examined for the types of services rendered. For example, tanning, massage and beauty services are frequently one on one activities. Staff recommendation: One space per 200 square feet of net floor area or two spaces per employee on the maximum shift, whichever is greater. 9. Delicatessen. Staff recommendation: see "drive-ire and convenience food" -2- Met 7r, Re: Zc- •tg Code -Parking Requirements 19 April 2009 10. Dry cleaner. Staff recommendation: Retail/service - one space per 200 square feet of net floor area. 11. Employment agencies. Staff recommendation: Retail/service - one space per 200 square feet of net floor area. 12. Laundromat. A couple of cities use a ratio of parking to the number of machines, but most frequently it is treated as retail/service. Staff recommendation: One space per 200 square feet of net floor area. 13. Massage therapy. While some argument could be made for a ratio between tables and parking, most frequently this is treated as retail/service. Staff recommendation: One space per 200 square feet of net floor area. 14 Photography studio. Staff recommendation: Retail/service - one space per 200 square feet of net floor area. 15. Recreation - personal fitness. There is a fairly wide range of requirements for this use. Some cities base parking on occupancy and most have more stringent requirements than retail/service. Staff recommendation: Our Code lists "physical culture studio" at 10 spaces plus one per 150 square feet of net floor area over 2000. This is in line with staff s findings. 16. Tanning salons. Although an argument could be made for a relationship between the number of beds and the number of parking spaces, most often this is treated as retail/service. Staff recommendation: Retail/service - one space per 200 square feet of net floor area. 17. Veterinary clinic. A ratio between the number of employees and parking spaces in not uncommon, but can be a monitoring problem. A ratio between examination rooms and parking is preferred. Staff recommendation: Three parking spaces per examination room, phis one space per 400 square feet of additional net floor area. 18. Electronic media rental and sales (e.g. video rental). While some cities require additional parking for this use, no doubt due to high customer turnover, most often it is treated as retail/service. Changes in technology appear to have diminished the number of these facilities. -3- 1--: Zonir Code --Parking Require rE 19 April 2009 Staff recommendation: Retail/service - one space per 200 square feet of net floor area. Updates There are certain uses listed in the current Zoning Code that have parking requirements that may be outdated. One very obvious one is the category - elementary school. From the review of the Mirmewashta Elementary School conditional use permit, the current requirement (one per 50 students) was found to be woefully inadequate. There are other uses that deserve periodic monitoring. Following are uses that staff considers in need of attention. Restaurant, cafe, tavern. At first look, our current Code appears too stringent. It has to be noted, however, that it currently lumps restaurants and bars together. For a sit-down, family restaurant without a bar- area, it is considered too high by comparison to other cities. Staff recommendation: It is suggested that a distinction be made between restaurants with and without bar areas. The current Code is considered adequate for restaurants with bars. For those without bars, the following is suggested - a minimum of five spaces, plus one space for each two seats of seating capacity. 2. Shopping center. At 5.5 spaces per 1000 square feet of gross leasable floor area, Shorewood's Code is considered excessive by today's standards. It is recommended that the standard be changed to five spaces per 1000 square feet of gross leasable space, and that restaurants and fitness centers be calculated separately. School, elementary and junior high. As noted, our current Code is quite inadequate relative to this use. Staff recommendation: Three spaces per classroom or one space per three seats of assembly area, whichever is greater. 4. School, high school, private, day or church schools. With respect to high schools, the Code is considered somewhat low at one per seven students. With more and more students driving themselves to school, it is virtually impossible to require adequate parking. Seldom do high schools not have on-street parking issues near the school. Some thought should be given to separating day or church schools from the category. If they are elementary schools, they should be grouped as such, whether private or not. Staff recommendation: Two spaces per classroom, plus one space per five students, based on design capacity, or one space per three seats of auditorium area. It should be noted that in making its recommendations, staff has taken into consideration that many uses fall into a retail/service category. As such, one space per 200 ends up being -4- Mernoi Re: Zoning Code Parking Requirements 19 April 2009 somewhat of a default requirement. It is also recognized that some uses, more often than not, reside in shopping centers (e.g. tanning salons and beauty/barber shops). If agreeable to the Planning Commission and City Council, the recommendations contained herein should be amended into Shorewood's current Zoning Code. A public hearing to consider the revisions has been scheduled for the first meeting in May. Cc: Brian Heck Mary Tietjen Larry Brown James Landim -5- CITE' OF S EWOOD ORDINANCE O. AN FINANCE AMENDING CHAPTER 1201 OFT E SHOREWOO CITE' CODE (ZONING) REGARDING OFF-STREET PARKING Section 1. The definition of "Shopping Center" found in Section 1201.02 of the Shorewood City Code is hereby amended to read as follows: "SHOPPING CENTER. A group of three or more commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements." Section 2. Section 1201.03 Subd. 5.h.(6) of the Shorewood City Code is hereby amended to read as follows: "(6) Community Center, physical culture studio, personal fitness establishments, libraries, private clubs, lodges, museums, art galleries: ten parking spaces plus one space for each 150 square feet in excess of 2,000 square feet of floor area in the principal structure." Section 3. Section 1201.03 Subd. 5.h.(11) is hereby amended to read as follows: "(11) Retail store, bakery, and service establishment, including but not limited to: (a) Catering establishment. (b) Copy service or print shop. (c) Dry cleaner. (d) Employment agency. (e) Laundromat. (f) Massage therapy. (g) Photography studio. (h) Tanning salon. (i) Veterinary clinic. 0) Electronic media rental and sales: one parking space for each 200 square feet of floor area;" ® - ection 1201.03 Subd. 5.h.(13) is hereby d to read as follows: Section 5. Section 1201.03 Subd. 5.11.(15) is hereby amended to read as follows: "(15) Shopping centers: five parking spaces for each 1,000 square feet of gross leasable floor area, exclusive of restaurants and fitness centers, which must be calculated separately, and exclusive of common areas;" Section 6. Section 1201.03 Subd. 5.h.(18) is hereby amended to read as follows: "(18) School (public, private, day or church) - elementary and junior high: three parking spaces for each classroom, or one space for each three seats of seating capacity in the assembly area, whichever is greater;" Section 7. Section 1201.03 Subd. 5.h.(19) is hereby amended to read as follows: ,,(19) School (public, private, day or church) - high school through college: two parking spaces for each classroom, plus one space for each five students, based on design capacity, or one space for each three seats of seating capacity in the assembly area, whichever is greater;" Section 8. Section 1201.03 Subd. 5.h.(20) is hereby amended to read as follows: "(20) Drive-in establishment, convenience food, delicatessen and coffee shop: at least one parking space for each 15 square feet of gross floor area, but not less than 15 spaces;" Section 9. Section 1201.03 Subd. 5.h.(28) is hereby amended to read as follows: "(28) Church, theatre, auditorium and amusement place: at least one parking space for each three seats based on the design capacity of the main assembly hall. Facilities as may be provided in conjunction with the buildings or uses shall be subject to additional requirements which are imposed by this section;" Section 10. Section 1201.03 Subd. 5.h, is hereby amended to include: "(32) Barber or beauty shop: two and one-half parking spaces for each chair; (33) Commercial tutoring and learning centers: two parking spaces for each employee on the maximum shift; -2- (34) Day spa: one parking space for each 200 square feet of floor area or two spaces for each employee on the maximum shift, whichever is greater; (35) Day care facility: one parking space for each four persons of licensed capacity;" Section 11. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of June 2009. LAURA TURGEON, ACTING MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -3- j( FS O A.C SOLUTION NO. A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, on 22 June 2009, the City Council of the City of Shorewood adopted Ordinance No. entitled "An Ordinance Amending Chapter 1201 of the Shorewood City Code (Zoning) Regarding Off-Street Parking; WHEREAS, the City staff has prepared a summary of Ordinance No. as follows: 1. The provisions of this ordinance are intended to update parking requirements for various land uses identified in the Shorewood Zoning Code. 2. The ordinance addresses the number of parking spaces for certain activities that have been added to the commercial zoning districts in the city. 3. in the case of shopping centers, the number of parking spaces required has been reduced from 5.5 spaces per 1000 square feet of floor area to 5 spaces per 1000 square feet of floor area. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: The City Council finds that the above title and summary of Ordinance No. clearly informs the public of intent and effect of the Ordinance. The City Cleric is directed to publish Ordinance No. by title and summary, pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. A full copy of the Ordinance is available at Shorewood City Hall. ADOPTED by the Shorewood City Council on this 22nd day of June, 2009. LAURA TURGEON, ACTING MAYOR BRIAN HECK, CITY ADMINISTRATOR/CLERK ie~ 4 '7 r- f- T 5755 G6UNTnY CLUB r-10AD - SH0F EWGJD, MINtiESOTA 5533-1-8927 - (952) 4743236 FAX (952) 474-0128 s www.ci.shcrewood.mn.us - cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 17 June 2009 RE: City Hall - Landscaping Quotes FILE NO. Property (5755 Country Club Road) At the May 26 Council meeting staff discussed quotes for the landscaping at City Hall. The written quote from Lan-De-Con was not available as of the meeting and Council continued the matter pending receipt of the quote (Exhibit A, attached). As presented at that meeting staff recommends that Lan-De-Con be selected to prepare the plans for the project. Since they are a design/build firm, which staff advocates, they agree in their proposal to drop the design fee if they are selected to construct the project. It was also mentioned at the meeting, that Mark Laberee, a principal in both Markell Laberee Design Group and Lan-De-Con, indicated that the $40-50,000 cost range suggested by the Council earlier, appeared to be an adequate budget and may even allow for some portion of a monument sign for City Hall/Badger Park to be covered. With respect to signs, we have asked all of those quoting to include concept plans for a monument sign for the site. At the same time, Kristi Anderson has been working with sign companies relative to signs in the parks. Staff has suggested that there be a common theme to the park signs and that the signs should incorporate the attractive stone used on the front of City Hall. Arrow DeSigns has submitted sketches and even some preliminary quotes for signs that appear quite reasonable in price (see Exhibit B). The Park Commission has reviewed the concept plans and seems to like what has been presented. Staff went out to look at a similar sign done by Arrow for Randy's Sanitation and Recycling. We will present slides of the sign at Monday night's meeting. PRINTED ON RECYCLED PAPER Ito, . A. Mem 11 Re: City :Mall Landscaping 17 June 2009 This raises a question about having the landscapers do sign sketches. If the Council agrees with the park Commission and staff that the Arrow concepts are worth pursuing, we recommend that the landscaper simply incorporate the monument sign into their landscape plan. Finally, we have been in contact with Metro Blooms regarding the rain garden to be constructed the property south of City Hall. They are willing to use the project as a demonstration project for teaching local landscapers how to construct a rain garden. What this means to the City is free design and labor, and minimal cost for landscape materials and plants. Staff is looking for authorization at Monday night's meeting to direct Metro Blooms to begin work on the rain garden design and to enter into an agreement with Lan-De- Con (Laberee Markell Design Group) for the landscape design for City Hall, with or without the sign concepts. Mark Laberee has indicated that the plans and cost estimates could be done in time for the 13 July Council agenda, and work could begin quickly thereafter, assuming they are selected to do the work. If you have questions relative to any of this, please contact me prior to Monday night's meeting. Cc: Brian Heck Mary Tietj en Larry Brown James Landini Boniie Burton June 1, 2009 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Proposal for Landscape Design services for Shorewood City Hall - Shorewood, MN. Brad Neilsen: Markell Laberee Design Group is submitting this proposal for Landscape Design Services associated with the Shorewood City Hall Remodeling Project in Shorewood, MN. Our design services will include a site landscape planting plan prepared digitally in AutoCAD as well as all necessary planting details and specifications. The landscape plans will meet all city codes regarding landscaping. The plans will function for both city submittal and as a bid document. The proposal assumes that we will be provided an AutoCAD drawing of the site from which we will be able to prepare our landscape plan. The fee for these services is as follows: Preliminary City of Shorewood Monument Sign sketches $400.00 (4 hours @ $100.00/hr) Landscape Plan & Details Preparation $2000.00 (20 hours @ $100.00/hr) 2-2406 Landscape Plan Prints Included in Design Fee 1-Digital Copy on CD Included in Design Fee 1-Revision Included in Design Fee Any additional Prints will be done at a cost of $3.00 per sheet. Any additional CD's will be supplied at a cost of $20.00. Any further revisions will be billed at an hourly rate of $100.00. If you have any questions regarding this proposal, please direct your questions to Mark Laberee at 952-474-2260. Thank you, Mark Laberee Principal Markell Laberee Design Group t.*N_,644A ok Brad Neilsen City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Page Two P.S. As we discussed, if Lan-De-Con is selected to install the landscaping on this project, Lan-De-Con will pay for the Markell Laberee design fees. u ~~"2kJ a 4 Lek - 4 r t,= , 1 4 7 tl" CITY OF SHOREWOOD 5755 COUNTRY CLUB RD. t p r r s a 8a gayl 1 ra : City of Shorewood ilerwriters ioralories Inc.i Shorewood, MN City of Shorewood ns Meets UL quirements Job r 6653 Duane DuMont 06/02/09 ADH - 00/00/00 FREEMAN PARK arrow Ipnaudo I eled l Ne 5 le tl a ,ar r n Ili trnlpr n rrnf plr,i ndr hac9 V yr SnOWndprSue l nll5e ne TI a are ro- eled lei r,^ ale u n - of ns rm r ne;i1 a I .d f{~pr al I, Th: J PV ID U. hor n autsld Cr ,;ocr designs i. The, ray NOT u° r under rl eau nP um rnr pelpn h o t ed rirlen i inn rr A.r C r Any le~lrefiemian,rhuh.ra.»^ahand mrnMVma;o?hsJn ^gvallGergornu.lv pu..;ue r,Iro Dean. 116arr;r>bursUtlOr~I0 l unnC>>pr~ [.lareaehn~ciurnr-zol~nfringeron;. 13735 AI f .mot NC Ham L.1 rAN 5a04 Due to printer and sohware limitations and processes. colors shown in this drawing are representational only. The (763) 755-8873 actual colors used in the manufacturing process ofthis project may vary slightly. ~rnGrhicst_~r~rruwslgn6x.cor'n AT : 06-05-09 DeSigns hereby proposes to furnish the materials and labor necessary for the completion of the following: 17 D/F 6' x 4' City of Shorewood monument sign displays. S/F either 6'x 4' or 4'x 5' park monument sign diplays. 'Prices include site preperation, auger holes, set steel poles, form up floating slab for sign base, pour footing and set sign monument inplace. jS/F or D/F 6' x 4' price per each $5,141.62 I S/F 4' x 5' price per each - - , $4,858.26 - - - - j I Page 1 of 2 Description/Background/Previous Action The five member cities have been working for the past 18 or so months on developing a new operational plan for the SouthShore Community Center. The drive for a new model became all the more critical in February of this year following the disbanding of the Friends of the SouthShore Center; the entity responsible for the operation, maintenance and management of the Center. The resolution to the issue has the City of Shorewood leasing the Community Center and serving as the designated authority to oversee the operation, maintenance, and management of the Community Center on behalf of the member cities. Council members Woodruff and Zerby met with Kristi Anderson, principle of Community Rec. Resources (CRR) and me on Tuesday, June 16, 2009 to discuss operational issues and the draft management agreement between CRR and the City of Shorewood. Attached for your consideration is the final Agreement. This agreement has been reviewed by the City Attorney and Council member's Zerby and Woodruff. Options 1. Accept the recommendation of the committee to approve the Agreement as presented. 2. Modify the Agreement. 3. Defer the Agreement to the Committee for further review. Recommendation Staff recommends the Council approve the Agreement as presented and endorsed by the Committee. Council Action: THE TOPERATION, MANAGEMENT AND P i OF THE SOUTHSHORE COMMUNITY CENTER THIS AGREEMENT made this _ day of June, 2009, by and between the City of Shorewood, Minnesota, a Minnesota municipal corporation, hereinafter "City" and Community Recreation Resources, hereinafter "Contractor" or "CRR". WHEREAS, the City of Shorewood desires to enter into an agreement for the operation, management and programming of the SouthShore Community Center; and WHEREAS, Community Recreation Resources submitted a response to a request for proposals for the operation, management, and programming of the SouthShore Center on behalf of the City of Shorewood and its partner communities. NOW, THEREFORE, the parties agree to the Following: 1) SCOPE OF SERVICES. CRR agrees to provide overall management, operation and programming for the SouthShore Community Center on behalf of the City and its partners. Such services shall include the following: a) Provide staffing of the SouthShore Center between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday excluding holidays observed by the City. CRR shall arrange and determine the best method for providing staffing. b) Coordinate a volunteer host in conjunction with senior programming up to 20 hours per week, during their daily programming hours, to be on site for scheduled activities. c) Arrange for the scheduling and rental of the Center based on priority requirements as established by CRR and accepted by the City. d) Execute rental agreements on behalf of the City of Shorewood, collect rental fees and other charges for the use of the Center, and deliver payments to the City as outlined by the City. e) Serve as contact for the Center for matters relating to utilities, janitorial, general maintenance and minor repairs and review and forward invoices to City for payment of same. In no case shall CRR enter in to any contracts for activities of the Center except as provided in item D above. f) In conjunction with the City, coordinate and recruit volunteers, train janitorial staff, and inform renters of open/close procedures to ensure the Center is available after hours and on weekends when booked for use via the 'keyless entry system'. g) Coordinate the establishment of a center budget, rental rates, fees and charges associated with the use of the Center reviewed with the City annually. h) By utilizing appropriate registration, scheduling, and reporting software provided by the City, develop a methodology for tracking usage of the Center and provide the City with usage information on a quarterly basis. Information should include at a minimum the activity, number of participants, and city of residence. i) Provide, in conjunction with the City Administrator, quarterly_updates to the City Council on center activities, operations, and budgets. j) Coordinate with Community Education organizations, member cities, Senior Croups, and others in developing and hosting programs and services based upon the established rate from the fee schedule. 2) Term of Agreement. This Agreement shall commence on July 4, 2009 and end July 1, 2012 unless terminated in accordance with the terms of this Agreement. This Agreement will be a three-year period with an option to renew and/or renegotiate, unless either party notifies the other in writing ninety (90) days prior to the expiration of the Agreement that they wish to terminate the Agreement. 3) Default Defined. Either party is in Default under this Agreement if: a) it fails to meet any of its obligations under this Agreement; and b) it fails to cure any failure within thirty (30) days after written notice from the other party of such noncompliance. 4) Termination. Upon the occurrence of a Default as defined in paragraph 3, either party may immediately terminate this Agreement. The City, however, reserves its right to terminate this Agreement prior to the expiration of the three-year period with or without a Default by CRR upon 90 day's written notice to CRR if the Shorewood City Council approves the hiring of a city employee to assume the responsibilities under this Agreement or for any other reason. 5) Base Fee. The City shall pay to CRR $5,000 for the period July 1, 2009 to December 31, 2009. The first payment of $2,500 shall be made in the second week of July, 2009 or as soon thereafter as practical, with the second half made the second week of October, 2009. The City shall pay CRR the sum of $10,000 for the period January 1, 2010 to December 31, 2010. For this period, the City shall make payments each quarter in equal amounts of $2,500. The City shall pay a 15% commission on quarterly revenues payable within 30 days for income earned and deposited with the City. i) Effective January 1, 2011, the base fee will increase to $15,000 per year with a 20% commission rate on revenues. ii) The City will fund, in addition to the base fee, a part-time contractor brought in by CRR to assist and staff center up to 10 hours per week, not to exceed an additional funding of $6,000 per year, with a built-in increase at eighteen months to not exceed $6,750 annually for the next 18 months. 2 7) Responsibilities of the City. The City shall: a) Provide telephone, wireless connection, and data communications to the Center; b) Provide a single point of contact for issues related to the operation and maintenance of the Center. c) Provide SouthShore Center membership to the Chamber of Commerce and a keyless entrance access system, as at City Hall. d) Provide a link on its website, and publications for activities and events at the SouthShore Center, as well as a SouthShore Center website domain for rental searches and access to City Hall software applications for program/facility registration at the Center. e) Provide CRR with a suitable office workspace in the Center. f) Fund marketing expenses up to $2,400 annually which must be used by CRR for brochures, newsletters, postage, catalog, and marketing supplemental material. g) Pay for all services to operate the Center, including, but not limited to, all utilities, maintenance and janitorial services, repairs, snow plowing, refuse and recycling for the Center. h) Have the right to schedule and use the Center, as long as there are no conflicts with previously scheduled programs or rentals. 8) Status of Contractor. CRR is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for CRR in connection with this Agreement is also not an employee of the City. The City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by CRR. CRR accepts full and exclusive liability for any applicable withholdings, employment taxes, contributions or employee benefits. 9) Hold Harmless Indemnification. CRR agrees to indemnify and hold harmless the City, its officials, employees, and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorneys' fees) arising out of the performance of CRR, its employees or agents, under this Agreement. The City agrees to indemnify and hold harmless CRR, its officials, employees, and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorneys' fees) arising out of the performance of CRR's duties, its employees or agents, under this Agreement. 10) Compliance. The parties will operate the Center in compliance with applicable Federal, State and local laws, rules, and regulations. 11) Assignment. CRR may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City. 12) No Waiver of Immunities. By entering into this Agreement, the City does not waive its entitlement to any immunity under statute or common law. 13) Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it is in writing and executed by both parties. a. This agreement shall be in addition to the current and ongoing agreement date January 1, 2009, for park and recreation administration and coordination services provided to the City of Shorewood by CRR. 14) Execution in Counterparts. This Agreement may be executed in counterparts by the parties, each of which will be deemed an original, but all of which shall constitute one and the same instrument. 15) Severability• Should any part or portion of this Agreement be deemed illegal or non-binding by a court of law, the remainder of the Agreement shall remain in effect. 4 16) Notice. Any notice, demand, request or other communication that may or shall be given or served by the parties, shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as follows: If to the City: City of Shorewood; Attn: City Administrator, 5755 Country Club Road, Shorewood, MN 55331 If to CRR: Community Rec Resources, Kristi Anderson, 1408 Baldur Park Road, Wayzata, MN 55391 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF SHOREWOOD By Its Mayor By Its City Administrator, Brian Heck COMMUNITY RECREATION RESOURCES By Its _m._._ 5 Background / Previous Action The council considered this item at the June 8, 2009 council meeting and directed staff to provide information on the City of Minnetonka policies and procedures on council operations. These were e- mailed to council last week. The attached policy related to council procedures incorporates several of the components of the City of Minnetonka policy with the draft policy presented to council at the June 8 meeting. The policy covers items such as: • Term of office • Decorum of council, public and staff • Presiding officer • Motions and votes • Agendas and order of business. Options The council may choose to 1. Approve the policy and procedure. 2. Amend and refer to next meeting 3. Amend and adopt Staff Recommendation Staff recommends the council review and if acceptable, to adopt the policy and procedure. Council Action: RESOLUTION No. A RESOLUTION ESTABLISHING RULES FOR THE ORGANIZATION AN PROCEDURE F THE CITE' COUNCIL F T CITY F S O 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. 1.1 Terms 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. Newly elected or re-elected members shall take the oath of office immediately preceding the start of the first meeting of the year. 1.2 Term Begins. The term of office for a newly or reelected Council member or Mayor shall begin on the first Monday in January following the election; however, incumbent Council members or Mayor shall serve until the newly elected or reelected members are duly sworn in and qualified. 2. Meetings 2.1 Public Meeting. 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. 2.2 Initial Meeting. At the first regular council meeting in January of each year, the council shall: 1) Designate the depositories of city funds 2) Designate the official newspaper; 3) Choose an acting mayor from the council members who shall perform the mayor's duties during the mayor's absence, disability from the city, or in case of vacancy in the office of mayor, until a successor has been appointed and qualifies; 4) Appoint necessary officers, employees, and members of board, commissions, and committees. 2.3 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. 2.4 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. 2.5 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. 2.6 Work Sessions. Work sessions of the Council are held for the purpose of having informal discussion on an issue or topic and where no formal action is taken. 2.7 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. 2.8 Notice of Meetings. With the exception of emergency meetings, all meeting of the Council shall be posted at City Hall at least three (3) days prior to the meeting noting the time, location and issues to be discussed. 3. Order of Business 3.1 Agenda. The Administrator 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 Administrator and providing a description of the item and supporting documentation for the item. A copy of the agenda shall be provided to the Administrator by 3:30 p.m. on the Thursday preceding 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. 3.2 Agenda materials. The Administrator 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 the 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. .3 Delivery o Agenda. The Agenda and supporting materials are delivered to the Council members in person or electronically the Friday before the Monday meeting. 3.4 Order of Business. 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 3.5 Varying order. With the consent of a majority of the Council, the order of business may be varied by the Mayor; however, all public hearings shall be held at the time specified in the notice of the hearing. 3.6 Public Comments. Questions or comments from the public will be limited to the subject under consideration upon recognition of the Mayor. The Mayor may limit the time provided to address the Council on an issue. The public may comment or raise an issue of concern for items not under consideration by the Council during the time set aside for these comments. The Council will not take action on the issue raised at the meeting and the Mayor may limit the time allowed for such comments. 3.7 Consent Agenda. Routine, non-controversial items will be placed on the consent agenda for approval in one blanket motion. A council member or member of the audience may request that an item be removed for separate consideration; however, a council member may abstain from voting on, or vote against, any consent agenda item without requesting its removal. Abstentions will be recorded in the minutes. 4. Presiding Officer 4.1. Pre,, ` > C fficer. The Mayor is the presiding officer at all meetings of the Council. In the absence of the mayor, the acting mayor shall preside. In the absence of both, the Administrator 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. 4.2. Participation of the Mayor. The Mayor may move, second, and debate from the chair, subject only to the same limitations of debate imposed on all Council members. The Mayor is not deprived of any rights and privileges of a council member by reason of acting as presiding officer. However, the mayor is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extending debate on questions before the council, he or she should consider turning the chair over to another member. 4.3 Maintenance of Order. The mayor is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the mayor. All questions and remarks must be addressed to the mayor, or through the mayor to the appropriate council member, staff, citizen of representative. 4.4 Powers. The mayor has the following powers: a. To rule motions in or out of order, including any motion obviously offered for obstructive or dilatory purposes; b. To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; c. To entertain and answer questions of parliamentary law or procedure; d. To call a brief recess at any time; and e. To adjourn in an emergency. A decision under (a), (b), or (c) may be appealed to the council upon motion of any member. This motion is in order only immediately after the challenged decision is announced. The member making the motion need not be recognized by the mayor, and the motion may not be ruled out of order if it is made timely. 5. Rules, Decorum, and Order 5.1 Points of Order. The mayor will determine all points of order subject to the right of any member to appeal to the council. If any appeal is taken, the question will be, "Should the decision of the mayor be sustained?" A majority vote will govern and conclusively determine the question of order. 5.2 Decorum and Order - Council Members. a. A council member desiring to speak must address the mayor and upon recognition, must address only the question under debate. b. A council member desiring to question the staff must address the question to the city administrator or city attorney, in appropriate cases, who will respond to the inquiry or designate a staff ember to do so. c. A council member, once recognized, may be interrupted while speaking only if called to order by the mayor, a point of order is raised by another council member, or the speaker chooses to yield to questions from another council member. d. A council member called to order while speaking must cease speaking immediately until the question of order is determined. If ruled to be in order, he or she may proceed. If ruled to be not in order, he or she must remain silent or alter his or her remarks so as to comply with rules of the council. e. Council members must accord courtesy to each other, to city employees, and to the public appearing before the council and must refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. f. A council member may move to require the mayor to enforce the rules. Upon the affirmative vote of a majority of the council, the mayor must do so. 5.3 Decorum and Order - Employees. Staff members must observe the same rules of procedure and decorum applicable to members of the council. The city administrator must ensure that they observe such decorum. Any staff member, including the city administrator, desiring to address the council or members of the public must first be recognized by the mayor. All remarks must be addressed to or through the mayor. 5.4 Decorum and Order - Public. Members of the public attending the council meetings must observe the same rules of order and decorum applicable to the council. The mayor may order the removal of any person who makes inappropriate remarks or who becomes boisterous while addressing the council and bar that person from further audience with the council. 5.5 Enforcement of Decorum. The city administrator must carry out the orders and instructions of the mayor for maintaining order and decorum in the council chambers. 5.6 Personal Privilege. The right of a member to address the council on a question of personal privilege is limited to cases in which his or her integrity, character, or motives are questioned or impugned. 5.8 Conflict of Interest. Any council member prevented from voting because of a conflict of interest, must refrain from debate and voting. That council member may choose to leave the council chambers during debate and voting on the issue. 5.9 Limitation of Debate. A council normally should speak only once on a subject until every other member choosing to speak has done so. 5.10 Dissents and Protests. A council member has the right to express dissent from or to protest any action of the council. A council member wishing to have the dissent or protest entered in the minutes should state so with language such as "I would like the minutes to show that I am opposed to this action for the following reasons:" 5.11 Procedure in Absence o Rules. In the absence of a rule to govern a point or procedure, Robert's Rules of Order, Newly Revised, should be used as a guide. 5.12 Rulings of Mayor Final Unless Overruled. The mayor will decide all questions or interpretations of these rules, point of order or other questions of procedure, requiring ruling. Unless overridden or suspended by a majority vote of the Council members present and voting, a ruling is final and binding for purposes of the matter under consideration. 5.13 Amendment of Rules. These rules may be amended at any regular meeting or at a special meeting that includes amendment of the rules as one of the stated items to be considered. Adoption of an amendment requires an affirmative vote equal to at least two- thirds of all the actual membership of the council, excluding vacant seats. 6. ADDRESSING THE COUNCIL 6.1 Manner of Addressing the Council. A member of the public desiring to address the council is to proceed to the podium and wait to be recognized by the mayor. After being recognized, he or she is to state his or her name and address for the record. All remarks and questions are to be addressed to the mayor and not to an individual council member, staff member, or other person. During a public hearing, all remarks must be limited to the subject under consideration. No person may enter into any discussion without being recognized by the mayor. 6.2 Addressing the Council after Motion is Made. After a motion has been made, or after a public hearing has been closed, no person may address the council without first securing permission from the mayor. 6.3 Limitations Regarding Public Comments and Reports. The mayor may limit or rule out of order a speaker who addresses the council on a topic that is currently before, or about to be submitted for consideration by, a city commission, board or other agency. If an appeal procedure is or was available, the mayor may not allow oral communication to the council outside that procedure. This rule is intended to ensure that a matter follows the appropriate process and that discussion takes place in the proper forum. 6.4 Written Correspondence. The city administrator is authorized to open and attend to all mail addressed to the mayor or council not marked personal and that appears to relate to city business. All administrative business in those communications that does not require council action may be disposed of be between council meetings. A copy of any communication to the council must be sent to each council member weekly. Correspondence to the mayor or individual members not of general interest to the council should be forwarded to the person addressed. Communication delivered to city hall relating to a matter pending, or to be brought before city council, must be included in the agenda packet for the meeting at which the item is to be considered. Letters of appeal from administrative or commission decisions must be processed under applicable ordinance provisions, 7. MOTIONS 7.1 Motions Out of Order. A member may make only one motion at a time. A substantive motion is out of order while another substantive motion is pending. 7.2 Division of Question. If the question contains two or more propositions, the mayor may, and upon request of a member, must, divide the same. 7.3 Withdrawal of Motions. A motion may not be withdrawn by the mover without the consent of the person seconding it. 7.4 Precedence of Motions. When a motion is before the council, only procedural motions may be considered, in order of priority listed below. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote of the full council for adoption. 7.5 Motion to Adjourn (not debatable). A motion to adjourn is in order at any time except: a) When made as an interruption of a member while speaking; b) When discussion has ended and vote on a motion is pending; and c) While a vote is being taken. 7.6 Motion to Fix Hour of Adjournment. Unless otherwise agreed to by at least a majority of the council, all meetings and study sessions of the council must be adjourned by 12:00 a.m. A motion to set a different specific time at which to adjourn is not debatable and not subject to amendment except by unanimous vote. 7.7 Motion to Suspend the Rules. A motion to suspend provision of these rules may be approved only by a vote equal to at least two-thirds of the actual membership of the council, excluding any vacant seats. 7.8 Motion to Table. A motion to table is not debatable and precludes all amendments or debate of the subject under consideration. If the motion prevails, the matter may be "taken from the table" at any time prior to the end of the next regular meeting, unless the motion is to either table indefinitely or to a date certain. If the motion is to table indefinitely, the matter may not be rescheduled without at least a majority approval of the council. 7.9 Motion to Limit or Terminate Discussion. A motion to limit or terminate discussion may be used to limit or close debate on, or prohibit further amendment to, the pending motion. It is not debatable. If the motion fails, debate must be reopened; if the motion passes, a vote must be taken on the pending motion. 7.10 Motion to Amend. A motion to amend is debatable only as to the amendment. A motion to amend an amendment is in order, but a motion to amend the amendment to an amendment is not in order. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter is not in order. A substitute motion on the same subject is acceptable, and voted on before a vote on the amendment. Amendments must be voted on first, then the main motion as amended. 7.11 Motion to Continue. Motions to continue to a definite time are amendable and debatable as to propriety and time set. 7.12 Motion to Reconsider. A motion to reconsider an action already taken must be made by a member who voted with the prevailing side, which is the majority side except that in the case of a tie, the "no's" prevail. The motion must be at the meeting during which the original vote was taken, including any continuation of that meeting. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment. If a motion to reconsider is adopted, the prior action taken by the council is rescinded, and the matter is returned to the status that it had immediately before the prior vote was taken. The motion previously voted upon will once again be pending. 7.13 Motion to Rescind or Repeal. A motion to rescind or repeal an action previously taken is appropriate when the time for reconsideration has expired. A motion is not in order if rescission or repeal of an action is forbidden by law. 8. Minutes 8.1 Keeping of Minutes. 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. 8.2 Approvals. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the clerk and copies shall be delivered to each council member as soon as practicable after the meeting. At the next regular meeting following such delivery, approval of the minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the council. If there is an objection, the council shall vote on the addition or correction. If there are no additions or corrections, the minutes shall stand approved. 8.3 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. 9. Voting Procedure 9.1 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. 9.2 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. 9.3 Failure To Achieve Required Votes. A matter that fails to achieve the required number of votes for passage, including a tie vote, is deemed denied. The council members voting in opposition may state their reasons for the record. A matter is not deemed denied if the council continues the matter to another council meeting by a motion adopted by the same number of votes needed for passage. 10. Ordinances. 10.1 Introduction. Every new ordinance or amendment to an existing ordinance will be introduced to the council at a work session to get feedback and input. The council can refer the matter to an advisory board or commission at this time. 10.2 Public Hearing. A public hearing on the ordinance or amendment to an ordinance is not required unless specified in City Code or state Law. The council may, at its discretion, hold a public hearing. 10.3 Adoption. An ordinance can only be considered for adoption at next meeting of the council following the introduction of the ordinance. Unless otherwise specified, an ordinance will be adopted by a majority vote of the council. 10.4 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. 10.5 Publication. The administrator shall ensure publication of the adopted ordinance. The council may authorize publication of summary of the ordinance by resolution passed by a majority vote of the council. 11. Committees. 11.1 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. 11.2 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 cleric 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. Description/Background/Previous Action The Police Coordinating Committee has been discussing with the Minnetonka School District the adoption of an ordinance regulating hosts of parties where underage drinking takes place. The proposed ordinance would make it a crime for an adult to host an event where underage consumption takes place regardless of who provided the alcohol. Specifically, an adult would be criminally liable if: a person knows that alcohol will be present; the person knows that an underage person will attend the gathering; the person fails to take reasonable steps to prevent possession or consumption; and an underage person consumes or possesses with intent to consume at the gathering. The person is liable if they know of the gathering even if they are not present. The adult is not liable if the conduct is permitted by the parent and occurs in the parent's household; is part of a legally protected religious observance; to someone legally in possession during the course and scope of employment; or to the holder of a liquor license. The Coordinating Committee is requesting each City adopt a social host ordinance using the City of Minnetonka's ordinance as the model. This ordinance is attached. Staff is asking for the council to provide additional direction on the subject, specifically does the council wish staff to modify the Minnetonka ordinance to conform to the City of Shorewood code? Are there provisions in the "model" the council wants to omit or modify? Council Action: . _ m ORDII ORDINANCE ING7 m imavv arECTION 1006 T T ITS( REGARDING CODE SOCIAL HOSTS The City of Minnetonka Ordains: Section 1. A new section 1006 is added to the Minnetonka city code to read as follows: SECTION 1006. SOCIAL HOSTS. Section 1006.05. Findings and Purpose. 1. The city council finds that: a. Consumption of alcohol by persons under the age of 21 is harmful to those persons and constitutes a potential threat to public health from injuries related to alcohol consumption such as alcohol overdose or alcohol-related traffic collisions. b. Alcohol is also an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user. C. As a result gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 should be prevented as much as possible. d Gatherings involving underage possession and consumption often occur outside the presence of parents or other responsible adults. However, there are times when a parent or other adult is present and condones the activity, and in some circumstances provides the alcohol. e Although furnishing alcohol to an underage person is a crime it is difficult to prove and an ordinance is necessary to help further combat underage consumption. f A deterrent effect will be created by holding a person criminally responsible for hosting a gathering where underage possession or consumption occurs. 2 The purpose of this section is to discourage underage possession and consumption of alcohol even if done within the confines of a private residence, and to hold persons criminally responsible who host gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the gathering supplied the alcohol or was present. The StF language is deleted; the underlined language is inserted. Ordinance No. -4 _a , 1,16 Pa . The city council intends that this ordinance should not target parents who ma have alcoholic beverages on their premises but who have issued a standing order that alcohol is not to be consumed by underage persons on those premises. 1006.010. Definitions. For purposes of this section, the following terms have the meanings given: 1. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. 2. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted mixed or combined with other substances. 3. "Gathering" means a group of three or more persons who have assembled or gathered together for a social occasion or other activity. 4. "Host" means to aid, conduct, sponsor, organize, supervise, control, or allow a gathering. 5. "Parent" means a person having the following relationship to a juvenile: a. a natural parent, adoptive parent, or step-parent; b. a legal guardian; or c. a person to whom legal custody has been given by order of a court. 6. "Person" means an individual, partnership, co partnership, corporation, or an association of one or more individuals. "Person" does not include a city, county, or state agency. 7. "Premises" means any location including a home, yard, farm, field, land, apartment condominium hotel room or other dwelling unit, or a hall or meeting room, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis whether occupied as a dwelling or specifically for a party or other social function and whether owned leased, rented, or used with or without permission or compensation. 7. "Underage person" means an individual under 21 years of age. The s#FiskeR language is deleted; the underlined language is inserted. rdinanc ~~1009-0 Page 3 1006.015. Prohibited Acts.- 1 It is unlawful for a person to host or allow a aatherina on anv premises if: a. the person knows that alcohol or alcoholic beverages will be present; and b. the person knows that an underage person will attend, or is likely to attend; and c. the person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person; and d. an underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering. 2. Examples of reasonable steps include: a. directing, on a one-time basis or as a standing order, that no consumption of alcohol and alcoholic beverages is allowed; or b. controlling access to alcohol and alcoholic beverages; or c. checking identification of attendees to determine age; or d. supervising the activities of underage persons at the gathering either in person or through a responsible adult. 3. A person is not criminally responsible under this ordinance if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an underage person will be or is likely to be present. However, if a person has the knowledge specified in paragraph 1 above, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible. 4. A person is criminally responsible for violating paragraph 1 above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. 1006.020. Exceptions. 1. This section does not apply to conduct of an underage person that is permitted by his or her parent and occurs in the parent's household. The striGken language is deleted; the underlined language is inserted. Ordinance No. 9 _ Page 2. This section does not apply to a legally protected religious observance 3. This section does not apply when an underage person is lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment 4. This section does not apply to the holder of a liquor license issued under section 600 of this code, but it does apply to a person who hosts a gathering at such a liquor establishment. Section 2. A violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the city code. Section 3. This ordinance is effective 30 days after publication. Adopted by the city council of the City of Minnetonka, Minnesota, on May 18, 2009. Terry Schneider, Mayor ATTEST: David E. Maeda, City Clerk ACTION ON THIS ORDINANCE: Date of introduction: May 4, 2009 Date of adoption: May 18, 2009 Motion for adoption: Greves Seconded by: Allendorf Voted in favor of: Allendorf, Ellingson, Greves, Hiller, Schneider, Wagner, Wiersum Voted against: Abstained: Absent: The stFioken language is deleted; the underlined language is inserted. Ordinance No. 2009®06 Page Ordinance adopted. Date of publication: CERTIFIED COPY: I certify that the foregoing is a correct copy of an ordinance adopted by the city council of the City of Minnetonka, Minnesota, at a meeting held on May 18, 2009. David E. Maeda, City Clerk The StFiGken language is deleted; the underlined language is inserted. TO: Coorcliritttit. Con-{Irlitt,.._ -Aciribers I'ROM. Bryaii .it<<_ . Chief of'police DATE: May 22, 2009 - Friday € E: Sc},'iil'i I lost Urdin;.liice t.ipdate (-o-old-Iii"itili CuiimJttee _Nction Requested Mtil:.h lli i;I'iri1 tt'ttl ,nice this tC3p ~ 1t-zl`- Ultl~tiC'.Cl ill ?11v2 t)or"tilti,ltlil~l '%ii13.111U2 _ '1i ctirlS_" field on 1c miar\' 29, 2009. Lop\ ul the 'T? '?73i)P'itl~{lrlil thi it l l?I'.'p_tt' ei for mectitlg abs :nt the ill2iel?rricros has been inchidt(1 101" of'I,2I'cCc lice. Ihi l olll aCiires c(l~ihtloil has t;tl;cn an acti4 c r(iIk Ill ~i(k oc,-mn`._' }or a social lost of"dillatlce e\Cr" :-;thee, co-` p)n ortna ~i public 161-Ltni on this topic )ack on .i imiary 27, 009. I. rtiilri ith tilt rr 1<<> od 11a1~ I" Chr'i~, Li/cc. }la },cell 1)rtt this tiirtlo tic alnllc l alt enC c)ur<1` i111? c iti ithin file \Iinrtetc)i11 a School D1,<r'ict to iidopt such an ordinance.. 11\ CoWltcrl)at-t in %litiritlt)tika, Chief NLi,k Raquel. ll<1'; dofi(c }il:c\t i e and has been part Of Ill cIjOCt vv ithM their City to mope this ihrou~h the I]CO~'c» o; 1~L:Cf illin an ordinance. IVliwiLtoilt112l C li\ ro t-iie\' Desyl Peterson, who tool1 the lc<iii lit dt"<iiting the ordinance, has graclotlsl;, l cpt 111e in the loop and solicited nib' it111tit thnott~,~'lim)1. 01~' process. The (lydilIMICe tiltirllatcl` tidopted in Minnetonka is I1r"cclicated oil the oJof lli)st ordinance cilacted in C liaska with cline modifications that address hod) 1c2a~lf alrld policy concerns th it \vere raised. It was fiat introduced to the Minnetonka Glt- Councii at their meeting ot1 Nlonday. May 4, 2009. This resulted in sonic: modifications being made prior to their n{°tit council meeting on' 1'Ic)ridziy, May 18, 2009. At their m eting on May l8th, the 1t'liiinetoril ti City Council tinaniiiio) illy approved the ord nanee ~A ith a few additional chail{Tc,. 1 h ;.ve included the eorr -,jponding park€_t tii itGri<ils tier Moth these meetings as ~\cll as tlic final ver~inri ofthc m:ial most ordinance that \ l> adopt,,d. This provides a chronolo4 ul'the procc,s ihl ii as l(-)}lowed along itll a aide-by--)i(le comparison between the Ch~tsi;a t rdln<incc find the 'Minnetonka ordinance. I have also included S e, ~ i-Ihllilt:. Now th<i; di'c Ot-, of \11nnet )nh,i Ims acted, this would i)' a L?nod time for the cities served l)` the "Wutii L. dk,; Police Y_ '+:IPD) to follow suit its art ofa undied c:F!'Ori. 1 hat e' been in coiisultatioii Itli i1;eii Poits, who i., ! ,tl counsel fir the til.N111D ,t1i'd prosecutor fi>I thrct ()f the foul il; lnh~[' cities. He, in turn, has ct-)Il{~r. cl 1th tlic llinllctt ilia t`'it~' ttorilc s t_)I`litre. As indicated in his attached Ic Ler dtifed Itav 14, 2001), liis oii[` concern ith the initi,il draft of the l~.lillrietonl-la ordiilttnc : N\ as the iyst€e of vicarious criminal iiahilit. lien thy: host is neat present. This was addres5cu to his sa:ti,,fiction in the rcN"[sioiis th,it re Ill,it.lr [i? ilic ordiiiancc prior to being? ,t(Iorlccl'hy the N,liiimetonka City Council.. I lii is c.ocumcmcd in his attached letter dated May 2''1, 2049. I also folloxt ed up 011 the suggestion made at the Coordinating C;omitiitt~ie Meeting in Januar that the Leal ue ol"viimi sota Cities (L C) be consulted. In clic~`ing with the LMC', I was directed to Stafi'Attorney Rachel Carlson and the two of Lis i I!V,:d over the phone in April. I learned the LMC had been tracking through its news clipping service the cities in Minnesota that have becii enacting social hest ordinanc:cs. However. the U IC had not drafted a illc)deI sciciai host ordinance and/or informational bulletin. Staff Attorney Carlson was illin to rcvic%, any proposed ordimijik:c I might '`4ant to submit. and see if the LMC rnight be to do more on this topic. I sent hcii the attached memorandum with some related information on May 18, 2009. This will be ell aacnda item at the Coordinating., Committee Meeting scheduled ftir June 3, 2049. Staff rccommcnds that the Coordinating Committee support the enactment of a cormnon social hot ordinance in each of their respective cities using as a temp, klic the social host ordinaiiee,tdopted by the Minnetonka City Council. Proposed; Motiow Motion to endorse the cii,ictii cnt of a common social hest ordifi me e it, flit' (Jues of t celsior, Grecim ood, Slit)rcvTot)d and Tonka I3,iv cr)nsistem v ith the o{_i,il ho.>t orcliriance ad<}t~tcd h?, dic %finnct{ [lkii City Cetmcll oii %ttiy 18- 2-049. Description/Background/Previous Action The Excelsior Fire District Coordinating Board worked with Chief Gerber and the Operating Committee to assemble the 2010 proposed budget. The Board was faced with a significant issue related to the Relief Association and needed to figure a way to absorb the potential for a $120,000 mandatory contribution to this fund. The Board and the Chief accomplished this through reductions in the operating budget, freezing wages for all staff, and dipping into the departments reserve funds. The Board met on June 10, 2009 to review the proposed budget with other interested council members and is recommending each council approve the draft 2010 Excelsior Fire District Budget. The 2010 proposed contribution for the City of Shorewood is $298,113 for operations and $272,629 for facilities for a total payment of $570,742. The 2009 combined contribution for Shorewood is $575,445. Options 1. Approve the 2010 EFD Budget as presented 2. Direct Board representative to take back revisions to the Budget 3. Defer decision to a future meeting Staff Recommendation Staff recommends the council approve the draft 2010 Fire District budget and capital plan as presented. 4# Council Action: goo Q 0 P r o p oss e d J.- Oper~~TinE, 71 gy t y 27, 2009 Ma EFD + I° l 2010 Timeline January ® EFD Board Meeting February 0 CIP, Plan to the Operating Committee March Follow-up presentation of the CIP Plan to the Operating Committee Initial presentation of the Operations Bridget to the Operating Committee ® EFD Board Meeting - o Initial presentation of the C.IP Plan to EFD Board April Follow-up presentation of the CIP Plan to the Operating Committee Follow-up presentation of the Operations Budget to the Operating Committee ® Work Session for the EFD Board - o Follow-up presentation of the CIP Plan to EFD Board o Initial presentation of the Operations Budget to the EFD Board May ® Follow-up presentation ofthe CIP Plan to the Operating Committee ® Follow-up presentation of the Operations Budget to the Operating Committee EFD Board Meeting o Follow-up presentation and initial adoption of the proposed CIP Plan to FED Board o Follow-up presentation and initial adoption of the Operations Budget to the EFD Board Initial CIP and Operations Budgeis sent to the cities by May 31" 2410 Proposed Budget S ma ay 29, 2009 The EFD firefighters, administration, and Board have worked hard over the last several months and specifically the last two weeks to provide a proposed 2010 budget that meets the operational needs of the Fire District, while understanding the fiscal constraints of the current economy and the cities. A major issue in the 2010 budget planning is the required contribution of a projected $120,000 to the relief association. This $120,000 contribution is required due to the loss of funds in 2008 as a result of the economic downturn. While planning for the 2010 budget, the firefighters, fire administration, and the Board have also looked out to 2011 in an attempt to plan most effectively both operationally and fiscally. The proposed 2010 EFD Budget includes the following: A proposed 0% increase in the municipal contribution from the 2009 Budget. 2. Use of Fund Balance Reserves - With the recommendation from staff, the EFD Board has recommended the use of the following fund balance reserves in 2010 to maintain a 0% increase in the budget. a. $40,000 used from the "Operating Fund Reserve Balance": 2010 Operating Fund Projections, as shown in Appendix A, illustrate that there more than sufficient cash reserves in the Operating Fund to allow $40,000 in Operating Fund reserves to be used to support the 2010 Operating Fund Budget. The District's auditor has recommended that the District Board maintain a 20% - 30% reserve in the Operating Fund in order to fund monthly expenses until the quarterly contributions from the member cities are received. The 2010 Operating Fund Projections show that the Operating Fund reserve will still remain at 26.4% of current year operating expenses even after using $40,000 in reserve funds towards the 2010 EFD Budget. b. $40,000 used from the "Fire Facility Fund Reserve Balance": 2010 Fire Facility Fund Projections, as shown in Appendix B, illustrate that there are also sufficient cash reserves in the Fire Facility Fund to allow $40,000 in Fire Facility Fund reserves to be used to support the 2010 Operating Fund Budget. The Fire Facility Fund pays the annual principal and interest payments of the bonded debt that was issued to finance the construction of the two fire stations. Reserve funds are available in the Fire Facility Fund due to the fact that the cities provided additional funding into the Fire Facility Fund in 2001-2003 to "ease" the transition towards making June Fork Session for the EFD Board and Cities - 2` d Week in June o Presentation of the CIP Plan o Presentation of the Operations Budget EFD Board Meeting as needed for any CIP changes o Updates to the CIP Plan July Follow-up presentation of the CIP Plan to the Operating Committee ® Follow-up presentation of the Operations Budget to the Operating Committee ® City Approvals of Budget o City approvals of the CIP Budget o CIP Program must be approved by 4 out of 5 cities bl, .Tull, 15th ® EFT) Board Meeting o Updates to the CIP Plan as needed o Updates to the Operations Budget as needed August Follow-up CIP and ®perations Budgets sent to the cities by .Tally 3Yh Follow-up presentation of the CIP Plan to the Operating Committee ® Follow-up presentation of the Operations Budget to the Operating Committee ® EFD Board Meeting as needed for any final changes o Updates to the CIP Plan o Updates to the Operations Budget September ® Cities have to provide preliminary levy by September 15t" ® Operations budget inust be approved by 3 out of 5 cities by September 1St ® EFD Board Meeting - o Final adoption ofthe CIP Plan by the EFD Board o Final adoption of the Operations Budget by the EFD Board October November ® Begin preparation for CIP and Operations budget for the following year. ® EFD Board Meeting - December 0 Continue preparation for CIP and Operations budget for the following year. full bond pay.-n+ I, !ginning in 2004. As a result, there is a surplus of funds in the Fire Facility Fund ov : and above what is needed to support annual bond payments. The 2010 Fire Facility Fund Projections show that there will still be a fund reserve of approximately $185,223 at the end of 2010 even after using $40,000 in Fire Facility Fund cash reserves. 3. Operational Cuts - Operational cuts totaling $30,450 are noted below and described in the attached documents, a. Salaries - 0% increase to staff salaries - this is a slightly over $8,000 cut b. Training - $14,900 in training, specifically conferences, vocational schools and training tower utilization. This is a significant cut that will impact our services and will require restoration as soon as possible to previous levels. c. Fire Prevention - $1,300 decreasing funding for the open house and other educational areas. d. Repair and maintenance - $600 reduction in this area e. Technology - $3,200 cut in not replacing two computers as scheduled with our previous discussed technology plan. f. Communications - $950 cut by not replacing two pagers. g, Building Repair - $1;500 cut by not providing funds for station maintenance such as painting. 4. Capital Planning a. I have reduced the capital contribution for the communities to $155,000. This is the same amount as 2009. b. I have not changed the purchasing schedule and a neighboring fire department has expressed interest in purchasing the current inspector vehicle for a cost slightly greater than originally projected and planned for. c. Although the cost of the replacement inspector vehicle/chief vehicle is $30,500 item, there is no savings to the contribution for the capital plan if this is reduced or eliminated for 2010. 1 believe that the ability for us to get the best automotive deal, combined with the ability to sell the current inspector vehicle for a great profit that projected it is important for us to stay with the plan. Appendix A 2010 Operating Fund Projections Item 2008 Actual 2009 Budget 2009 Estimated 2010 Projected Expenditures Personnel Services 353,006 400,529 400,529 519,319 Supplies 63,382 58,855 58,855 55,455 Professional Services 70,397 65,604 65,604 62,404 Other Services 202,446 242,844 242,844 216,849 Total Operating Costs 689,231 767,832 767,832 854,027 Capital Outlay 13,504 0 0 0 CEP Transfer 155,000 155,000 155,000 155,000 Facility Fund Transfer 593,312 559,000 559,000 552,859 Total Outlay 761,816 714,000 714,000 707,859 Total Budgeted Expenses 1,451,047 1,481,832 1,481,832 1,561,886 Revenues Municipal Fire Contracts 1,472,481 1,481,832 1,481,832 1,481,832 Interest Earnings 5,276 12,000 12,000 54 Facility Fund Transfer 0 0 0 40,000 Other Revenues 20,093 0 0 0 Total Revenues 1,497,850 1,493,832 1,493,832 1,521,886 Balance 46,803 12,000 12,000 -40,000 January 1St Balance 206,445 253,248 253,248 265,248 December 31St Balance 253,248 265,248 265,248 225,248 Fund Balance as a % of Current Year Operating Expense 36.7 34.5 34.5 26.4 Appendix 2010 Facility Fund Projections Fund Date Item Expense Revenue Balance 12/31/2009 233,021 1/15/2010 Fund Transfer 128,215 361,236 1/15/2010 Bond 2002A 236,541 Bond 2002C 125,861 Bond 2003A 78,151 Trustee Fees 4,500 -83,817 4/15/2010 Fund Transfer 128,215 44,398 7/15/2010 Fund Transfer 128,215 172,613 7/15/2010 Bond 2002A 63,354 Bond 2002C 29,080 Bond 2003A 19,871 Trustee Fees 3,300 57,008 10/15/2010 Fund Transfer 128,215 185,223 Proposed 2010 ud2et Recommendations and Cuts Summa,__- av 27, 2009 Pundin Summary ® 0% increase from 2009 budget $120,000 Required contribution for the Relief Association within the requested budget Utilize "Operational Fund" fiind balance in order to achieve minimal increase in budget for 2010. o $40,000 utilized Utilize "Fire Facility Fund" fund balance in order to achieve minimal increase in budget for 2010. o $40,000 utilized Other Proposed Operational Considerations 1) 0% cost of living increases for all staff 2) Health Care costs increases 3) Maintain the Capital plan 4) Refuse and Recycling has realistic budget numbers 5) Medical fees has realistic numbers based on hiring needs 6) Radio units has realistic numbers based on MDC's 7) Property/Casualty Insurance costs considers probable increase 8) Fire and Equipment maintenance includes the cost of buying a new air monitor 1. Fuel - decrease line item to current fuel costs 2009 16,000 2010 14,500 2. Repair and Maintenance Supplies 2009 6,150 2010 5,550 3. Fire Prevention Costs - reduction to open house 2009 6,300 2010 5,000 Detail Changes Code Books 500 Open House 1800 Supplies & Handouts 2,000 Sparky Costume Maintenance 200 Life Safety Video 500 4. Auditing Costs - reduction in expected costs 2009 12,000 2010 8,500 5. Professional Services - reduction in computer costs 2009 17,804 2010 14,404 a. No replacement computers in 2010. b. Computer Services -The costs included in this area include the foll owing: i. Computers ® Virus Protection $400 ® Firehouse - multi-user maintenance $500 ® Station 2 internet speed $1000 ® Exchange filtering $900 ® Office 2003 $400 ii. Laptop Computers for Trucks ® Maintenance of computers (6) $1,000 iii. Copiers $2,304 ® Ongoing lease for copier at Station 1 in the administrative area. This is the annual cost of a four year lease including the service and supply contract. iv. Consultants $5,000 ® Monthly technology/networking consulting costs $5,000 Total technology costs for 2010 $11,504 b. Recording Secretary Fees $2,400 C. CISM $500 6. 7 I _ _ ~ Communications - reduction in -.d costs 2009 21,200 2010 18,050 Conferences - reduction in conferences available to attend 2009 5,900 2010 1,250 Mn Fire Dept. Conference 750 Mn Fire Chiefs Conference 500 1 Chiefs Conference 0 Fire Department Instr. Conf. 0 Emergency Mgnt Conf. 0 Fire Inspectors Conference 0 8 Training - reduction in available training 2009 30,300 2010 20,050 Training Tower / Simulator 0 EMT (4 @ 800) 3,200 EMT Refresher 5,500 FFI 2,700 FFII 1,200 Haz-Mat Ops 2,000 Vo-Tech Schools 2,000 State Sectional Schools 1,500 Boat Training 300 Bloodborne/Right To Know 100 Guest Speakers 0 Training Aids 600 Support Staff training 300 Fire Chief Training 300 Fire Inspector Training 350 Training Equipment 0 9. 10 11. Printing and Publishing - reduction in amount available 2009 2,530 2010 1,770 Gas utilities - slight reduction in amount needed 2009 26,000 2010 25,000 Repair and Maintenance -reduction in projects 2009 30,000 2010 20,550 Annual Maintenance Sprinkler Contractor Eval - (every 5 years) Station Maintenance - (painting, other) UPS Replacement at station 1 Elevator Inspection Sealcoating for parking lot at Station 1 Cabinets for Quartermaster Room 14,500 0 2,500 1,800 1,750 0 Excelsior Fire District Option 99 11.23% Operat ing Increase 1 0% Overall increase Draft Budget FY 2010 DRAFT 3 • May 98, 2009 .86 Capital decrease Comparison with Previous Years 0% Overall inc rease with Fun d balance use With 2009 Projected Percent 2004 2005 2006 2007 2006 2008 2009 2009 2010 Change Actual Actual Actual Actual Budget Actual Budget Projected Proposed From 09 Account Code Object Description Amount Amount Amount Amount Adopted Adapted Budget Adopted Fund 230 FIRE OPERATING FUND Dept 42200 Fire Operations 111,287 Personal Services 230-42200-101 Employees Regular 114,787 80,024 76,042 81,197 83,500 87,913 86,100 86,100 123,100 42.97% 230-42200-103 Part-Time Employees 5,295 5,091 4,427 4,769 15,600 13,290 16,120 16,120 16,120 0.00% 230-42200-106 Firefighters Salaries 141,163 124,587 121,707 116,135 140,693 121,936 150,735 150,735 146,714 -2.67% 230-42200-107 Fire Officers Salaries 18,193 20,125 21,300 23,472 29,950 24,460 31,106 31,106 31,106 0.00% 230-42200-108 Part-Time Fire Inspector 32,839 37,628 36,525 41,600 36,398 45,500 45,500 -100.00% 230-42200-121 PERA 10,580 6,943 6,594 11,756 15,074 13,456 16,299 16,299 18,446 13.17% 230-42200-122 FICA/MC 18,586 15,582 16,592 14,784 18,986 16,470 19,869 19,869 16,624 -16.33% 230-42200-131 Employer Paid Health 7,499 6,000 2,657 14,180 11,000 11,585 13,000 13,000 24,838 91.06% 230-42200.133 Employer Paid Life Insurance 47 23 7 21 650 24 800 800 1,371 71.38% 230-42200-151 Workers Comp Insurance Premit. 10,977 13,723 15,644 20,833 23,000 16,274 21,000 21,000 21,000 0.00% 230-42200-170 Firefighter Pension Contribution 15,000 15,000 15,000 15,000 10,000 10,000 - - 120,000 Total Personal Services 342.126 319,936 317,598 338,672 390,053 351,806 400,529 400,529 519,319 29.66% Supplies - - 230-42200-200 Office Supplies 3,680 3,143 3,581 5,062 3,800 3,623 4,000 4,000 4,000 0.00% 230-42200-212 Motor Fuels 8,050 11,581 10,524 11,335 12,000 13,244 16,000 16,000 14,500 -9.38% 230-42200-217 Clothing 9,785 5,295 10,058 12,203 16,577 20,261 16,950 16,950 16,950 0.00% 230-42200-220 Repair/Maint. Supplies 12,387 11,228 9,378 6,296 6,000 4,589 6,150 6,150 5,550 -9.76% 230-42200.221 First Aid Supplies 1,437 2,099 2,372 2,536 2,500 5,099 2,575 2,575 2,575 0.00% 230-42200-222 Firefighting Supplies 1,323 2,280 3,138 7,071 6,780 14,355 6,880 6,880 6,880 0.00% 230-42200-240 Small Tools and Minor Equipmen 3,682 2,384 1,082 - - - - 230-42200-241 Fire Prevention Tools 1,986 5,871 1,889 3,570 6,200 4,446 6,3nn 6,300 5,000 -2083% Total Supplies 42.330 43,881 42,022 48,073 53,857 65,617 58,855 56,855 55,455 -5.78% professional Services - - 230-42200-304 Legal - 1,557 4,500 660 4,500 4,500 4,500 0.00% 230-42200-307 Fiscal Management Fees 15,750 15,750 16,538 18,000 18,000 18,000 18,000 18,000 18,000 0.00% 230-42200-311 Auditing 4,100 6,150 6,150 6,460 11,000 7,290 12,000 12,000 8,500 -29.17% 230-42200-312 Refuse & Recycling Collection 1,067 952 1,206 1,439 1,300 1,755 1,500 1,500 2,000 33.33% 230-42200-313 Janitorial Services 6,973 8,810 3,927 4,570 4,500 7,848 4,800 4,800 7,500 56.25% 230-42200-318 Medical Fees 4,923 9,386 3,576 9,598 5,500 10,199 7,000 7,000 7,500 7.14% 230.42200-319 Professional Services 6,560 1,805 17,141 12,724 19,044 24,645 17,804 17,804 14,404 -19.10% Total Professional Services 39,373 42,851 48,540 54,348 63,844 70,397 65,604 65,604 62,404 -4.88% Other Services and Charges - - 230-42200-321 Telephone/Communications 21,805 26,793 38,299 18,319 21,200 15,966 21,200 21,200 18,050 -14.86% 230.42200-322 Postage 576 700 912 502 900 448 900 900 700 -22.22% 230-42200-323 Radio Units - 24,022 26,900 37,767 27,500 27,500 31,900 16.00% 230-42200-331 Conferences 34,655 44,277 17,018 1,833 5,700 7,759 5,900 5,900 1,250 -78.81% 230.42200-332 Mileage 607 1,356 159 - 1,500 1,091 1,000 1,000 1,000 0.00% 230-42200-333 Meeting Expenses - 2,430 2,500 2,489 2,800 2,800 2,800 0.001 230-42200-334 Training & Schools - 7,418 26,900 26,049 30,300 30,300 20,050 -33.83% 230-42200-350 Printing & Publishing 1,883 1,316 3,465 275 2,530 575 2,530 2,530 1,770 -30.04% 230-42200-360 Insurance 19,950 20,338 22,946 26,471 28,500 26,323 25,500 25,500 27,000 5.86% 230-42200-381 Electric Utilities 21,537 28,186 29,319 31,710 30,000 29,636 31,500 31,500 31,500 0.00% 230-42200-383 Gas Utilities 15,905 22,873 21,524 23,565 23,500 23,411 26,000 26,000 25,000 -3:85% 230-42200-386 Water and Sewer Utilities 937 1,182 1,149 1,100 887 1,300 1,300 1,300 0.00% 230-42200-401 Repairs & Maint Contracted Bldg 360 9,206 15,529 14,914 10,000 17,853 30,000 30,000 20,550 -31.50% 230-42200-404 Repairs/Maint. Machinery/Equip. 18,341 23,477 23,853 14,607 20,600 20,843 21,200 21,200 21,200 0.00% 230-42200-405 Fire Equipment Maintenance 2,695 4,861 6,805 9,886 8,645 8,822 9,545 9,545 10,245 7.33% 230-42200-412 Building Rentals - - - - - - - 230-42200-430 Misc Expenses - 1,000 413 500 500 500 0.00% 230-42200-433 Dues and Subscriptions 1,541 1,216 1,234 1,204 2,169 2,068 2,169 2,169 2,034 -6.22% 230-42200-439 Contingency 2,758 2,562 7,031 314 3,000 193 3,000 3,000 - -100.00% 230-42200.440 Fund Balance/ Reserve - - - 230-42200-444 WAFTA - - Total Other Services 142,612 188,099 189,276 178,619 216,644 222,593 242,844 242,844 216,849 -10.70% Total Operating Budget 566,442 594,768 597,436 619,712 724,398 710,413 767,832 767,832 854,027 11.23% capital Outlav - - 230-42200-560 Furniture and Fixtures 1,150 230-42200-570 Office Equip. and Furnishings 3,792 - 230-42200-720 Operating Transfers (Equipment) 25,000 46,500 125,000 150,000 155,000 155,000 155,000 155,000 155,000 0.00% Operating Transfers (Building) 594,269 578,285 592.369 588,065 592,473 592.473 559,000 559,000 552,859 -1.10% 619,269 624,785 722,311 738,065 747,473 747,473 714,000 714,000 707,859 -0.86% Operating Fund Balance utilization - - Totals Fund 230 Fire Operating 1,185,711 1,219,553 1,319,747 1,357,777 1,471,871 1,457,886 1,481,832 1,481,832 1,561,886 5.40% 80,054 Operating Fu nd Balance $40,000 Fund Balance Fire Facility Fund Balance $40,000 Fund Balance/ Reserve 185,534 163,283 100,569 206,445 253,248 Fund Balance/ Reserve % of next years oper budget 35% 29% 15% 28% 33% Budget Composition to get to a.0% increase $40,000 form Operating Fund Balance $40,000 from Fire Facility Fund 54 1,481,886 $1,481,832 $1,481,886 0.00% EXCELSIOR FIRE _ 2010 Graft Operating Budget May 18, 2009 Draft 3 Note: Items listed in red are the original proposed numbers CATEGORY PERSONAL SERVICES ; Detail Item Amount Line Item Total Category Total 101 Employees Regular (Full-time) 123,100 Fire Chief 86,700 88,134 1 Fire inspector 36,400 37,128 I _ 103 Part Time employees f Administrative Specialist _ 16,120 16,442 L 16,120 $16.00/hr x 20 hours per week 1 106 Firefighters Salaries 146,714 East Call Pay $9.75 x 185 x 8 x1 114 hrs 18,038 18,500 East Drill Pay $19.50 x 40 x 15 11,700 12,000 I West Call Pay $9.75 x 585 x 14 x 11/4 hrs 99,816 102,375 West Drill Pay $19.50 x 40 x 22 17,160 17,600 107 Fire Officer's Salaries 31,106 Assistant Chief 5,047 _ Battalion Chiefs (2) 10,197 Captains (4) 7,416 Apparatus Coordinator 1,854 Asst. Apparatus Coord. 1,030 Support 1,236 Coordinators (7) ( 4,326 108 Part Time Fire Inspectors $17,50/hr x 50 hours per week 121 PERA 18,446 Chief 12,225 12,575 350 Fire Inspector 5,133 5,288 155 Administrative Specialist 1,088 1,162 74 122 FICA - 12,026 Firefighters 9,097 9,329 232 Fire inspector - - Administrative Specialist 1,000 1,029 29 Fire Officers (10) 1,929 2,821 892 123 Medicare 4,598 Chief 1,257 1,293 36 _ Fire Inspector 528 544 16 Firefighters 2,128 2,18_6_ _ 58 _ Fire Officers (10) _ 451 Administrative Specialist 234 241 7 1,849 131 Health Insurance 24,838 Chief 14,500 Fire inspector 10,338 133 Life Insurance Chief 821 1,371 Fire inspector 550 151 Workers Compensation 21,000 $120,000 170 Firefighters Pension 120,000 (Required Contribution projection) The EFD Board would like to look at overall benefits provided to firefighters in future budget disucssions TOTAL PERSONAL SERVICES 519,319 I ~ CATEGORY SUPPLIES - ~ Detail Item Amount Line Item Total Category Total_ 200 Office Supplies 4,000 _ i ~ 212 Motor Fuels 14,500 i 217 Clothing 16,950 Turnout Gear (5 sets) 7,500 Helmets (6) 950 I I D for helmets 200 Hoods (12) 450 Gloves (10 pairs) 500 Turnout Gear Repair 750 Firefighter Uniforms (6) 1,250 _ _ Badges & Uniform Brass 800 Gear Cleaning 500 _ Firefighter Work Uniforms (10) 1,300 SCBA Masks (4) 750 Fire Inspector Uniforms 350 Boots (6) 800 Duty Uniforms 500 Fire Chief Uniforms 350 Cold Water Rescue Suits - 220 Repair and Maintenance Supplies 5,550 Batteries 500 Culligan Water Station 1&2 650 Solar Salt Station 2 700 Small Tools 1,200 Misc. Supplies 2,500 3,100 221 First Aid Supplies 2,575 222 Fire Fi ghting Supplies/Tools 6,880 Fire Extinguisher Powder 380 Cartridge Refills 350 _ Oxygen Refills 650 Firefighting Foam 800 Extinguisher Refill 1,700 Misc Tools 3,000 I 241 Fire Prevention 5,000 Code Books 500 Open House ( 1,800 Supplies & Handouts 2,000 Sparky Costume Maintenance 200 Life Safety Video 500 TOTAL SUPPLIES 66,455 PROFESSIONAL SERVICES 304 Legal 4,500 307 Fiscal Management 18,000 ( 311 Auditing 8,500 312 Refuse 2,000 313 Janitorial 7,500 I 318 Medical Fees 7,500 319 Professional services 14,404 Recording Secretary 2,400 Computer Services 11,504 _ CISD _ 500 TOTAL PROFESSIONAL SERVICES 62,404 I i CATEGORY OTHER SERVICES AND CHARGES Detail Item Amount Line Item Total Category Total 321 Communications 18,050 Telephone 11,500 Cell Phones j 3,000 _ Pagers (2 @ 475) 950 11900 Pager Repair 1,200 Internet 1,400 Paging - 322 Postag e j 700 900 323 Radio Units 31,900 27,000 Hennepin County Radio Lease _ Hennepin County Radio Repair 500 MDC Maintenance_ MDC Air Cards 2,400 331 Conferences 1,250 Mn Fire Dept. Conference 750 Mn Fire Chief's Conference 500 I Chiefs Conference - 1,000 Fire Department Instr. Conf. 2,500 Emergency Mgnt Conf. 400 Fire Inspectors Conference 250 750 ( 332 Mileage and Travel j 1,000 333 Meeting Expenses 2,800 334 Training Expenses _ 20,050 _ Training Tower / Simulator 3,000 EMT (4 @ 800) 3,200 EMT Refresher 5,500 FFI 2,700 FRI 1,200 Haz-Mat Ops j 2,000 Vo-Tech Schools 2,000 State Sectional Schools 1,500 2,800 Boat Training 300 Bloodborne/Right To Know 100 Guest Speakers 500 Training Aids 600 Support Staff training 300 Fire Chief Training 300 Fire Inspector Training 350 700 Training Equipment 1,300 350 Printin g And Publishing _ 1,770 Call Sheets 325 Training Sheets _ Film & Developing 370 Copying Stationary 350 Printer cartridges 225 Other Printing 500 360 Insurance 27,000 381 Electric Utilities 31,500 383 Gas Utilities 25,000 I 386 Water and Sewer Utilities 1,300 I 401 Building Repair ( 20,550 Annual Maintenance 14,500 Sprinkler Contractor Eva[ - (every 5 years) - Station Maintenance - (painting, other) 1,500 UPS Rpiacement at station 1 i 2,500 Elevator Inspection j 1,800 _ Sealcoating for parking lot at Station 1 1,750 Cabinets for Quartermaster Room 0 - I I l~ 404 Repair And Maintenance Of Apparatus 21,200 Truck Repair 12,350 Pump Testing 1,200 Service 4,100 Major Repairs 2,700 Supplies 850 CATEGORY OTHER SERVICES AND CHARGES (Cont.) I Detail Item Amount j Line Item Total Cstage Total 1 405 Fire Equipment Maintenance j 10,245 Compressor Service 1,450 Air 575 Gas Powered Equipment 500 j Air Pack Service 2,100 Fit Testing 1,350 j SC BA Flow Testing (18 @ 65) 1,170 SCBA Hydro Testing 300 Ladder Testing 1,100 Hose Testing 200 I Air Monitor 700 Air Monitor Calibration L 300 Maint. Agreement Fitness Room j 500 I I _ 430 Misc Expenses 500 Bank Expenses 500 433 Dues And Subscriptions 2,034 Nat. Volunteer Fire Council 30 IAFC/INT Assoc Of Fire Chiefs 195 Int Assn Of Arson Investigators 50 NAFI 40 j Mn Chapter IAAI 25 Mn State Fire Chiefs Assoc 130 ACFEI 130 MSFDA 300 Fire Marshals Assoc Of Mn (2) 70 NFPA 135 ACS Firehouse Solutions 125 Hennepin County Fire Chiefs 20 United Firefighters Assoc 30 Firehouse Magazine 30 Smoke Eater (22) 160 Chamber Lake Region Mutual Aid 75 Southwest Mutual Aid 100 Metro Fire Chief's 100 Fire Chiefs 74 Vol FF Benefit Association 350 439 Contingency 440 Fund Balance / Reserve TOTAL OTHER SERVICES AND CHARGES 216,849 TOTAL OPERATING BUDGET 854,027 CAPITAL OUTLAY 560 Furniture And Equipment 570 Office Equipment TOTAL CAPITAL OUTLAY j j CAPITAL TRANSFERS { I Equipment Transfers 155,000 720 Facilities Transfers 552,859 The Bond payment was decreased from the 2008 amount of $592,473 to $559,000 in 2009 TOTAL CAPITAL TRANSFERS j 707,859 j TOTAL CAPITAL 707,859 ( TOTAL BUDGET AMOUNT 581 888 1 Propose _ - - ration PL _ 1 1-12009 Sala $8,094 a. Restore 2% increase to Chief, Inspector, Adin Spec. $2,484 b. Restore 3% increase to Firefighters $35761 c. Restore PERA/Medicare/FICA Costs $1,849 2. Training $14,900 a. Restore training budget to 2009 level $10,250 b. Restore conferences to 2009 level $4,650 3. Fire Prevention $1,300 a. Restore funding to the fire prevention line item to 2009 $1,300 level 4. Repair and Maintenance Supplies $ 600 a. Restore maintenance and supplies line item $ 600 5. Technology $3,204 a. Restore computer replacement schedule $3,200 i. Replace two computers/monitors as scheduled 6. Communications $ 950 a. Restore pager purchase to the 2010 budget $ 950 7. Building Repair $1,500 a. Restore station maintenance item $1,500 8. Fire Fund Account $40,000 a. Restore funding to the Fire Fund Account to use for future needs "Note - restore percentage as available 9. Fund Balance $40,000 a. Restore funding to the Operation Fund Balance to use for future needs "Note - restore percentage as available L U ~ Q a N_ ® M d i N E LL ' W CD d O N N Q. d E U w +m_ CL m U P ~ L ~ I r m ~ I T i - . - ~ F A t - I I I I I M I L § ~ s a "s ~ ~ ~ ~ ~ ra 5 YS 2~ X g g ° ~ B 1 S ' „ 4 P ~ g ° g ° 3 4 . - -i eS,'q gggg 3R gg 8 gg 8 gg 8~ ~ ~ ° gg 8 gg $ gg 8 ° gg R ~ gg R ~ l ljV I p p k ° ° RR ~ m~ rR R R ° R R „ I o m`E ~r r: r > >r ar Tr a e e r ~ O ?e ~ o f ° N „ ag as as s s ~°d 88 aa a 8 s u 9 A ffil a e d a' z Description/Background/Previous Action This item is a general information and discussion item, no specific action necessary at this time. Attached you will find the management letter from Steward Bonniwell, CPA who conducts the annual audit for the SMLP, for the 2008 audit, the first quarter claims listing as approved by the coordinating committee, and the first draft of the 2010 budget as presented to the coordinating committee. The Coordinating Committee asked Chief Litsey to prepare a revised 2010 budget for review at its next meeting. This meeting has not been scheduled. 5 F ~c Council Action: 1 7101 Fork Avenue South Suite 346 Minneapolis, Minnesota 55435 March 12, 2009 Coordinating Committee South Lake Minnetonka Police Department Shorewood, Minnesota E Office: (952) 921-3325 Fax: (952) 921-3331 e-mail: sbonniwell@unique-software.cocn This letter is being prepared in conjunction with the audit of the financial statements of the South Lake Minne- tonka Police Department (the Department) for the year ended December 31, 2008. My report, dated March 12, 2009, expresses an unqualified report on the basic financial statements of the Department as prepared in accor- dance with accounting principles generally accepted as applied to governmental units, including provisions of GASB 34. The purpose of this letter is to communicate certain comments and observations noted during the audit of the financial statements. These comments are presented for your inforination and consideration. Financial Summary South Lake Minnetonka Police Department had net assets of $866,560, $842,043 and $716,048 at December 31, 2008, 2007 and 2006, respectively. This amount is further characterized into several components as follows: Invested in Capital Assets Restricted for Debt Service Unrestricted - Designated Reserved - Designated Purposes Operations - Working Capital 2008 2007 2006 $ 233,613 $ 152,487 $ 94,487 266,853 259,336 264,263 186,546 228,438 222,812 179,548 201,782 134,486 $ 866,560 $ 842,043 $ 716,048 For the year the Department had an increase in net assets of $24,517 or approximately 2.9%, compared to increases of $125,995 and $91,605 in 2007 and 2006, respectively. Revenues totaled $2,457,631 for the year, a decrease of $28,612 or 1.5%. For the year expenses increased $72,866 or 3.1% to $2,433,114. The decrease in revenues is primarily due to a reduction in grants and contributions. In 2008, the Department was involved with the Minnesota Financial Crimes Task Force for a portion of the year compared to the entire year in 2007; in addition, in 2007 the Department was able to secure several grants for capital equipment acquisitions. Although expenses increased, the amount is consistent with what the Department had budgeted. The increase in the amount invested in capital assets (net of debt) is the combination of several factors. The increase can be attributed to the amount of assets capitalized and debt retired which is offset by depreciation recorded on the capital assets. The amount restricted for debt service pertains to the lease revenue bonds issued by the City of Shorewood Economic Development Authority (EDA) for the construction of the public safety facility. This amount will be used to make bond and interest payments due February 1, 2009. Coordinating Committee South Lake Minnetonka Police Department Although the Shorewood EDA refinanced the original bonds and the effect of this refinancing will be to reduce the Department's total debt service payments over the life of the refunding bonds; the Department will not begin realizing some of these savings until the year 2009. The unrestricted - reserved balance represents the amounts in the Special Revenue Fund designated for various purposes, such as insurance, equipment and technology. The reserved balance of this fund decreased by $41,892 or 18.3% for the year. The total decrease was reduced by a transfer of $30,000 from the General Fund from its 2007 operating surplus. Expenses for insurance, vehicles and building exceeded revenues and amounts trans- ferred from the General Fund for the year. Remaining amounts in certain of these categories do not provide the Department with significant reserves if unusual expenses are incurred during the year. The technology account had a balance of $104,914 at December 31, 2008 and is earmarked for communications, a records management system and computer related enhancements and replacements. The remaining net assets (unrestricted - designated for operations) are available to finance future operations of the Department. This category decreased by $22,234 or 11.0% for the year. This decrease is primarily the result of the $30,000 transfer to the Special Revenue Fund noted in the previous paragraph. The General Fund reported a surplus of $12,103 from operations before the transfer of $30,000 for the year ended December 31, 2008 Unlike previous years the surplus is not sufficient enough to permit the Department to transfer any of the surplus without reducing the working capital needed to finance operations of the General Fund. Following is a condensed comparison of actual results with the budget for 2008 of the General Fund. Budget Actual Variance Revenues and Support Member Assessments $ 1,799,900 $ 1,794,774 $ (5,126) Grants and Other Aids 187,000 146,881 (40,119) Charges for Services 25,000 22,220 (2,780) Investment and Other Revenues 30,000 17,842 (12,158) 2,041,900 1,981,717 (60,183) Expenses Personnel Services 1,685,700 1,605,344 80,356 Equipment Leases, Maintenance and Repairs 70,500 70,215 285 Utilities 68,500 62,659 5,841 Other Services 27,600 27,254 346 General Supplies 66,500 79,422 (12,922) Insurance 53,000 53,000 - Capital Outlay 47,500 47,500 - Other 22,600 24,220 (1,620) 2,041,900 1,969,614 72,286 Increase in Net Assets $ 12,103 $ 12,103 As illustrated above, actual revenues of $1,981,717 were less than budgeted amounts by $60,183 - a negative variance of approximately 3.0%. Revenues from the Department's participation in the Minnesota Financial Crimes Task Force grant program were less than budgeted due to the retirement of the officer assigned to the Task Force and the resulting termination of the Department's participation in the program. Also, there was a reduction in other state aids received by the Department. Investment income earned during the year was significantly less than budgeted causing a negative variance in this category. Coordinating Committee South Lake Minnetonka Police Department Expenditures of the Department were less than budgeted estimates by $72,286 - a positive variance of 3.5%. The major variance in expenditures is attributed to personnel costs. During the year, two of the Department's senior officers retired. In one instance, the retirement negatively affected revenues as noted above. In the other case, the position was vacant for a period of time before the replacement officer was hired resulting in additional savings. The positive variance for personnel costs amounted to 4.8% for the year. The major negative variance in expen- ditures is attributed to general supplies. This category includes fuel costs, ammunition, and general operating supplies. Costs of these items increased significantly during the year and resulted in the negative variance when compared to the budget estimate. The negative variance for supplies of $12,922 for the year compares to a similar negative variance of $14,641 in 2007. In summary, the financial condition of the Department continues to be strong. The fund balance of the General Fund is $118,475 at December 31, 2008 and represents approximately 5.6% of 2009 budgeted expenses. For comparative purposes the prior year's percentage was 6.7%. Based on previous discussions with management, the benchmark for the fund balance is to be maintained between 5 - 6% of current year budgeted expenses, which would range from approximately $105,650 to $126,775. This budget reserve provides the Department with working capital for future operations. in addition, this reserve provides a safeguard against potential revenue shortages or unexpected expenses that may occur throughout the year. The reserve may also be used to fund Department initiatives and special projects. This amount is needed to 1) meet emergencies and unforeseen situations that may require an increase in the annual budget; 2) offset inconsistencies in cash flows to maintain payment of current operating expenses; and 3) continue or maintain current operations in case of funding cutbacks until alternative funding is developed. The fund balance of the Special Revenue Fund (designated accounts) was $186,546 at December 31, 2008. Management needs to continue to monitor activity of these accounts to insure the balances of the individual accounts are adequate to satisfy future requirements of these accounts. For the year, the insurance, equipment and building accounts had expenses in excess of revenues and transfers. Debt service payments were $438,168 for the year and were funded from member assessments. The fund balance of the Debt Service Fund of $363,414 at December 31, 2008 was sufficient to satisfy the debt service payments required on February 1, 2009. Other Matters Investments - The Department has maintained an investment in the Minnesota Municipal Money Market Fund (4M Fund) for years. The only activity in this account during the past several years has been the addition of investment income. Although interest rates vary according to market conditions, the rates paid by the 4M Fund were less than rates available at other financial institutions during the year. One recommendation would be to have Department personnel investigate other investment options available to the Department. Increasing investment income would benefit the Department from an operational standpoint. Budgets - For the past several years expenses related to the general supplies category have exceeded budgeted amounts. The largest item in this category is motor fuel for the Department's fleet of vehicles and includes other supplies such as ammunition. The costs of certain items in this category have increased drastically and although total expenses have not exceeded budgeted amounts in recent years it would be prudent to increase the operating budget relating to these items to better reflect the historical nature of these expense items. Coordinating Committee South Lake Minnetonka Police Department Debt Service Funds - The remaining fund balance of the Debt Service Fund after the debt service payments due February 1, 2009 is estimated to be $36,500. This fund balance may be utilized to reduce future assessments to member cities for debt service requirements. This fund balance should not be completely eliminated but utilized systematically over a period of several years. Another alternative use would be to transfer a portion of these funds to a building account to meet the capital maintenance requirements of the public safety facility in the future. This action would require the approval of the member cities. Prior Year Comments - Minnesota statutes require that a combination of federal deposit insurance, surety bond or collateral pledged protect Department deposits. The market value of collateral pledged must equal 110% of deposits not covered by insurance or bonds. Although there was an increase in the Federal depository insurance coverage enacted by the federal government this issue is still critical. At times during the year the Department had deposits at one of its depositories in excess of the amount of Federal depository insurance. However, during the year management reviewed the amount of collateral pledged with the depository and was assured that Department deposits were adequately protected at all times. Management should continually monitor the amount of collateral pledged to insure all deposits are adequately protected from loss. This report is intended solely for the use of the Coordinating Committee and management of the South Lake Minnetonka Police Department and is not intended to be and should not be used by anyone other than these specified parties. If the Committee wishes, I would be pleased to meet and discuss any of the observations, comments, or other matters pertaining to the audit with the Committee or management at your convenience. I wish to express my appreciation for the courtesies and cooperation extended by Department personnel during the audit and the opportunity to be of service to the South Lake Minnetonka Police Department. I look forward to continue working with you in the future. Stuart J. Bon ell Certified Public Accountant Ja - Expense 50100 - Regular Salaries 50200 - Overtime 50300 - Part-Time Salaries 50500 • FICA/Med Payroll Taxes 50600 - Pension - PERA 50700 - Insurance Benefits 51000 - Contracted Services 52100 - Equipment Leases 52200 - Repairs and Maintenance 52300 - Utilities 52400 - Cleaning - Janitorial 52500 - Printing and Publishing 52800 • Care of Persons 53000 - Supplies 54000 - Uniforms & Gear 54500 - Training & Conferences 56000 - Insurance 56100 Subscript/Memberships 57000 Special Projects 58000 Capital Outlay Total Expense $ 12o, 7 'tWO 37 °57.00 $ 23' ' - 38.00 $ 22.00 $ 1,°76.62 $ 1.709.50 $ 325.50 $ 990.00 $ 1,258.91 $ 5,286.00 $ 110.00 $ 481,132.53 $ 257,484.41 $ 7,725.38 $ 14,682.81 $ 5,050.36 $ 36,322.82 $ 45,300.55 $ 1,122.00 $ 1,005.79 $ 7,693.31 $ 16,198.07 $ 2,498.49 $ 1,479.41 $ 11,886.86 $ 5,738.29 $ 3,962.76 $ 1,226.01 $ 3,719.00 $ 423,096.32 $ $ 281 "85. 3 $ 5, $ 2L , $ 137,0- $ 7,00--.1- 3 $ 7,000.00 $ 1.000.00 $ 25,000.00 $ 20,000.00 $ 1,000.00 8,!inn.on $ 1,500.00 $ 2,112,900.00 $ 1,177, 000.00 $ 64,200.00 $ 94,500.00 $ 27,000.00 $ 172,500.00 $ 190, 000.00 $ 11,800.00 $ 30,100.00 $ 43,500.00 $ 72,500.00 $ 12,400.00 $ 4,600.00 $ 100.00 $ 69,900.00 $ 13,600.00 $ 10,100.00 $ 54,000.00 $ 2,900.00 $ 12,200.00 $ 50,000.00 $ 2,112,900.00 L 25.0% 39.53% X0.0%0 0.0% 0.0%0 24.42% 32.55%0 3.96% 6.3% 0.0%fl 62.19°ln 7.33% 22.77% 21.88% 12.03% 15.54%® 18.71% 21.06%a 23.84% 9.51% 3.34%® 17.69% 22.34% 20.15% 32.16% 0.0% 17.01% 42.19% 39.24% 0.0% 42.28%0 30.48% 0.0% 20.02% Page 1 of 1 ibutions - - C_"- Ch: ok 0 s _ Pa 'r - -99.66 Check 0 - ack Pc< -42.69 Check De - Ca Ca - r ==r -21.15 Check _ ~v~ €ti,c= -308.48 Check 0 - -/2 9 Det .fie Pa S Ve - -_le es -21.36 Check 01/13/2009 11385 ING Gr -520.00 Check 01/13/2009 11386 MCPA 2009 C s -45.00 Check 01/13/2009 11387 CornerHouse 2009 Contract -1,519.00 Check 01/13/2009 11388 Integra telephone service -635.05 Check 01/13/2009 11389 Sprint Air Cards -286.93 Check 01/1312009 11390 Nextel Monthly Billing -349.02 Check 0111312009 11391 T-Mobile Air Card -31.64 Check 01/13/2009 11392 Star Tribune Annual Subscription -223.08 Check 01113/2009 11393 DeLage Landen Monthly Fee - Copier -284.82 Check 01/1312009 11394 NCPERS Group Life Insurance monthly premium -96.00 Check 01/13/2009 11395 Xcel Energy monthly charge -3,448.74 Check 01/13/2009 11396 Center Point Energy monthly billing -4,338.18 Check 01/13/2009 11397 Benefits Design FSA Plan -310.00 Check 01/1312009 11398 Minnesota Elevator, Inc. Quarterly Inspection Fee -156.00 Check 01/13/2009 11399 Teamsters Local 320 Monthly dental premiums -1,105.00 Check 01/13/2009 11400 Mainstream Internet Monthly Service -50.00 Check 01/13/2009 11401 Minnesota Teamsters 320 monthly union dues -600.00 Check 01/13/2009 11402 HeaithPartners Monthly Premium -20,471.60 Check 01/13/2009 11403 Henn Cc Information Technology Radio, MDC Costs -1,396.72 Check 01/13/2009 11404 Hennepin County Sheriffs Office Processing Fees -432.58 Check 01/13/2009 11405 Qwest Acct 952-380-3672 analog lines -116.07 Check 01/14/2009 eftps US Bank HSA Employee Pre-tax contributions -1,240.00 Check 01/15/2009 eftps MN Child Support Payment Center Child Support -57719 Check 01/15/2009 eftps MN Department of Revenue State withholding taxes -2,028.00 Check 01/15/2009 eftps IRS taxes -6,855.02 Check 01115/2009 eftps PERA PERA contributions -10,476.75 Check 01/1512009 11406 Bryan Litsey VOID: 2008 Clothing Allowance 0.00 Check 01/15/2009 11407 John Nieling VOID: 2008 Uniform Allowance 0.00 Check 01/15/2009 11408 Justin Balisrud VOID: 2008 Clothing Allowance 0.00 Check 01/15/2009 11409 Stephen Neururer VOID: 2008 Clothing Allowance 0.00 Check 01/15/2009 11410 Bryan Litsey 2009 Clothing Allowance -600.00 Check 01/15/2009 11411 John Nieling 2009 Clothing Allowance -600.00 Check 01/15/2009 11412 Justin Ballsrud 2009 Clothing Allowance -600.00 Check 01115/2009 11413 Stephen Neururer 2009 Clothing Allowance -600.00 Check 01/20/2009 11418 Rotas Club of Excelsior Quarterly Dues -248.00 Check 01/20/2009 11419 Assoc of Training Officer of MN Training - O'Keefe -30.00 Check 01/20/2009 DebitCard Home Depot Supplies -42.73 Check 01/21/2009 DebitCard Cub Foods Animal Control - Doggie Treats -5.97 Check 01/23/2009 DebitCard Postmaster Mailing Fee - Forfeiture Letter -5.32 Check 01/25/2009 DebitCard €ACP 2009 Membership Dues -120.00 Page 1 of 2 Jt A Cie C i- G Ct a 2' N-C P. 10:."r S to as -17,42 C v art AA ,.s„ - C-,)rd Committee Mtg. -12.11 _ - e 0112, 2- t Payme C -577.29 Ct 01129/201-- eft sent of Revenue St< 'axes -2;083.00 Check 01/29/2009 eftps 17S taxes -7,280.04 Check 01/29/2009 eftps PER PE: . contributions -10,585.36 Check 01/29/2009 11424 t --3 e-y nl Sprinkler Fee - 2008 -325.00 Check 01/29/2009 11425 _e,_., I"s,,iE..ar e egistrations -20.00 Check 01/29/2009 11426 Spec Operation Training Assoc. V, jership Dues -150.00 Check 01/29/2009 11427 Terry Neuberger Supply Reimbursement -67.20 Check 01/2912009 11428 Mound Police Command Vehicle Annual Fee -100.00 Check 01/29/2009 11429 BCAtTraining & Development Training - Hohertz -60.00 Check 01/29/2009 11430 Fourth judicial Court 2009 Citations -706.85 Check 01/29/2009 11431 Speedway SuperAmerica LLC Fuel Expense -3,027.83 Check 01/29/2009 11432 Philips Defib Pads & Battery Pack -606.30 Check 01/29/2009 11433 Rotary Club of Excelsior VOID: Dues 0.00 Check 01129/2009 11434 Tonka Printing Company Business Cards -154.85 Check 01/29/2009 11435 Excelsior Fire District SLMPD Building Logo -1,410.38 Check 01/29/2009 11436 MN Teamsters No. 320 VOID. Monthly Dues 0.00 Check 01/29/2009 11437 Village Chevrolet Additional Vehicle Keys -11.98 Check 01/29/2009 11438 Automotive Unlimited, Inc. VOID: Squad Repair 0.00 Check 01129/2009 11439 Schwaab Stamp Signature Stamp -38.92 Check 01/29/2009 11440 PERA PERA contributions -54.75 Check 01/29/2009 11441 City of Brooklyn Park Training - Hohertz -150.00 Check 01/29/2009 11442 Allied Waste Services Monthly Service -131.33 Check 01/29/2009 11443 Prudential monthly premium -159.85 Check 01/2912009 DebitCard Micro Center Supplies -26.71 Check 01/30/2009 11444 City of Excelsior Overpayment of Security Detail -105.00 Check 01/30/2009 11445 Automotive Unlimited, Inc. Squad Repair -40108 Check 01/31/2009 DebitCard Sears Vehicle Floor Mats -21.36 Page 2 of 2 Ct ,ck Ct vc (:r.e,t , Cha-, Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check u2, otz 02------ vv 02/06/2009 0210612009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02/06/2009 02106/2009 02106/2009 02/09/2009 02/10/2009 02/10/2009 02/10/2009 02/10/2009 02/1112009 02/11/2009 02111 /2009 02111/2009 02/11/2009 02/11/2009 02/11/2009 02/11/2009 02/11/2009 02/11/2009 02/12/2009 02/12/2009 02/12/2009 02/12/2009 02/13/2009 02/13/2009 02/13/2009 02/13/2009 02/15/2009 02/19/2009 DE d 114, 11447 11448 11449 11450 11451 11452 11453 11454 11455 11456 11457 11458 11459 11460 11461 11462 11463 11464 11467 DebitCard 11471 11472 eftps eftps 11473 11474 11475 11476 11477 11478 11479 11480 11481 11482 eftps eftps eftps 11483 11484 11485 11486 DebitCard DebitCard DebitCard F s I :ookstore r Service Lepr of Public Safety A.a...iternet esc-,a Teamsters 320 1 t imeters NCPERS Group Life Insurance Xce€ Energy T-Mobile Sprint Nexte€ Integra Henn Co Informatin Technology Benefits Design DeLage Landen Center Point Energy Artworks Art & Frame, Inc. HealthPartners Prudential Teamsters Local 320 Target Pierson's Cleaning & Janitorial ING MN Child Support Payment Center US Bank Shorewood True Value Office Depot Automotive Unlimited, Inc. Trane Trane Streicher's JSW Embroidery BCA/Training & Development Qwest Hennepin County Sheriffs Office MN Department of Revenue IRS PERA Speedway SuperAmerica LLC Allied Waste Services Uniforms Unlimited PLEAA Spec. Operation Training Assoc. Target Mn Department of Public Safety 3 s ss Fee Ser.._e montl ! union dues PBT Repair c_3-1-1 La:d P. r Cards Monthly Billing telephone service Radio, MDC Costs FSA Plan Monthly Fee - Copier monthly billing Department Photo Monthly Premium monthly premium Monthly dental premiums Vehicle Supplies Monthly Service - January Group VK861 Child Support HSA Employee Pre-tax contributions Supplies Supplies Squad Repair Quarterly Maint Fee Repair Work Equipment Uniform Embroidery Training - Ballsrud Acct 952-380-3672 analog lines Processing Fees State withholding taxes taxes PERA contributions Fuel Expense Monthly Service Uniform Purchases 2009 Membership Dues Tactical Training Conference Vehicle Supplies Emerg Mgmt Seminar 20 _~UA 5 -24.95 `32.03 °239. -6- ?'3 -95.00 -96.00 -3,362,15 -31.64 -286.93 -733.57 -641.60 -1,396.72 -310.00 -284.82 -5.535.36 -156.16 -20,471.60 -159.85 -1,105.00 -7.23 -832.83 -520.00 -577.29 -590.00 -10.55 -305.07 -2,998.52 -1,979.00 -492.24 -1,070.31 -156.00 -180.00 -116.09 -660.38 -1,800.00 -6.162.26 -9,365.86 -2,795.82 -146.86 -1,933.89 -90.00 -690.00 -5.01 -225.00 Page 1 of 2 Che 39 - Check 2., 11490 i Ct -91 U`L C, 62.2= -C cr C, a, ,,e CI -!C 02 _ _ =94 Rota lub of Excelsior Check 62125/2 9 11495 Barnum Gate Cervices, Inc. Check 02/25/2009 11496 Johr P. Nareham Check 02/2512068 eftps "S F Check 02125/2009 DebitCard .aai _n, Ramp Check 02125/2009 DebitCard NW7 Check 02/2612009 eftps MN Department of Revenue Check 02/26/2009 eftps IRS Check 02/26/2009 eftps PERA Check 02/27/2009 11487 Pierson`s Cleaning & Janitorial s~ Qua =s Ga=Re_ - r -;ce ~Ieimbursernent nSA F -npfoyee Pre-tax contributions Re:g Fee Taser Training State withholding taxes taxes PERA contributions Monthly Service - February -1 -59.86 -248.00 -2,567.36 -26.81 -590.00 -3.00 -295.00 -2,169.00 -7,710.88 -11,300.43 -832.83 Page 2 of 2 Cl Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check Check e 0 03;:E - 03/06/2009 03106/2009 03/06/2009 03/06/2009 03106/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/0612009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/09/2009 03/09/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/10/2009 03/11/2009 03/12/2009 03/12/2009 03/12/2009 03/12/2009 03/12/2009 03/17/2009 03/17/2009 03/17/2009 03/18/2009 03/19/2009 03/23/2009 1 11500 11501 11502 11503 11504 11505 11506 11507 11508 11509 11510 11511 11512 11513 11514 11515 11516 11517 11518 11519 11520 11521 11522 11523 11524 11525 11526 11527 eftps 11528 11529 11530 11531 11533 11532 eftps eftps eftps eftps 11534 11535 11536 DebitCard 11538 DebitCard X71 = - rra - DeLa.-a L; Minnesota' 20 Automotiv+ I. nc. NCPERS Grou- :e Insurance Allied Waste Serv.ces Xcel Energy Teamsters Local 320 Tonka Printing C-r_a-, Mainstream Internet PLEAA Assoc of Training Officers of MN Center Point Energy Prudential B & B Products Henn Cc Information Technology Sprint Benefits Design Swan Boiler Service Integra T-Mobile HealthPartners Francotyp-Postalia, Inc. Nextel Nextel FilterFresh US Bank Assoc of Training Officers of MN Tri-County Law Enforcement Assoc Terry Neuberger M & M Auto Body COSTCO ING MN Child Support Payment Center MN Department of Revenue IRS PERA Dart Rusch Jim Williams Mark Geyer Oasis Market League MN Cities Ins Trust LandsEnd t_ s es -a - Copier n : union dues Squad Repair monthly premium Monthly Service monthly charge Monthly dental premiums Forms Monthly Service Seminar Traini^^ - a^ s mono'. monthly p" um Squad Work Radio, MDC Costs Air Cards FSA Plan February, 2009 telephone service Air Card Monthly Premium Quarterly Fee VOID Monthly Billing Coffee Supplies HSA Employee Pre-tax contributions VOID: Training - Hansen 2009 Membership Dues Supply Reimbursement Vehicle Repair Business Membership Group VK861 Child Support State withholding taxes taxes PERA contributions Cell Phone Allowance Cell Phone Allowance Cell Phone Allowance Fuel Building Insurance Uniform Shirts- Clerical -L -4,500.00 -L €4 -c cu 30 -2,874.40 -96.00 -38.01 -3,203.26 -1,105.00 -378.08 -50.00 -100.00 -350.00 -3,756.12 -159.85 -410.00 -1,448.80 -272.63 -310.00 -100.00 -637.80 -31.64 -19,211.22 -118.50 0.00 -429.74 -198.82 -590.00 0.00 -50.00 -49.74 -650.05 -50.00 -520.00 -577.29 -1,907.00 -6,681.18 -9,601.31 -50.00 -50.00 -50.00 -19.85 -3.738.50 -189.45 Page 1 of 2 39 1~ e s t< s p_r p EF Cl _ e 7 _ ;ar ch@ 'R Vv.. ~ewtCard fY J -9,7 ?2 -577.29 "6.39 Page 2 of 2 IJ n _ ';_",I J) X1.1. ~I~I rlrI - ar „aG al C C L I, ce 1 ~ il_ III , 0 PL-RA (`cn ~ Capp C,. _ ..T7~r l~:.ff~ I..L,I _ / S -I z~. X11 _ ~ m rE -21L0 E' LlKllt;~ 1k f'a I 'a, F4 11 18 rice 1 i 4 &C f'r[r 52800 C ile` c,l , F r,,. I i r - t. ~tl 1 ~ 1'1 (10, 71 l r,lfor'rl'l $1 - ?raining n cr r7 1 :.,i _ 1p,1 :13 13 00 1nsu..,r1ce ;,,7 111, (7)u ZIP) CICI 57'u13 C, r0L.i:_ r I u - fir TE.,)TAL P!"IOJ tJ i .......J fib€T1 40110 40120 42100 2 ,10 43'1 l) 32'3 441 DCj ).ll . 1 j ;j E.1. to 'sari 0 8 ~4o -21 Z AD $0 0.0% 1100 r r ~~tJ a-'~ 'v'E:5"c f{It tIC;~C= t +7 f:!i 1'f r)e. [(_8-rS iiL7~? i ri=:~ F"~^=~ 1eifE cc-111 PJ!_) r „Ut! ( ')u u I ~ r I~' lE ~I ~`1 L) clc ' CE r v~rv ces 0 ' u L1r !~?ir! lta F,erir~lEiu..,~leri (111fi1r „tJtl:;F3 E.r'f iLl OL'f!'Ir 1 $ ,p€tp $ 0 01`;~ 1'.Cilr l71I N R r~f'!ttr~ a , .0cl0 0 0,00 'u C Itlty"1i t;7 l~ s 0,0% (rl hit C', -in ~w api -40,0% t $11,000 12q 4% C)11t'roir= ,r:,.., TI I:! rf .;10 a t) r;, t ,t_ t~° r J,r - r t;ctO; E 1<rls_d IIJ - 'i