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082409 CC Reg AgPCITv i m J. T V-." ..OA CIT- r FETING " _T: 7HA ' - MONI ',A, , ;UST 2-`, 7000 PJ a AGENDA Attachments Estimated Estimated Time in Start Time Minutes (Clock Time) 1. CONVENE CITY COUNCIL MEETING 7:00 p.m. A. Roll Call Mayor Lizee _ Bailey Turgeon _ Woodruff _ Zerby _ B. Review Agenda 2. APPROVAL OF MINUTES 5 minutes 7:00 p.m. A. City Council Special Meeting Minutes, 8/10/09 Minutes B. City Council Work Session Minutes, 8/10/09 Minutes C. City Council Regular Meeting Minutes, 8/10/09 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. Appointment of Ric Rosow as Administrative Hearing Planning Officer Director's CAF, Resolution C. Authorizing Submittal of the Three Rivers Park Administrator's District Regional Trail System 2009-2010 Winter Use CAF Permit D. Approving Amended Declaration Gideon Cove Planning Director's CAF, Resolution 4. MATTERS FROM THE FLOOR 10 minutes 7:10 p.m. (No Council action will be taken) ---,2009 - Est' - - E.'`. Time' t, -t'- 1 ..d Minu T_lne) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS - Report by Representative 10 minutes 7:20 p.m. A. Approval of Expenditure of Funds for Bicycle Racks Park Secretary 5 minutes 7:30 p.m. for the Parks CAF 8. PLANNING - Report by Representative 10 minutes 7:35 p.m. A. Zoning Ordinance Amendment relating to Signs in the Planning 10 minutes 7:45 p.m. Parks Director's CAF, Draft Ordinance B. Conditional Use Permit- South Tonka Little League Planning 5 minutes 7:55 p.m. Director's CAF 9. ENGINEERING/PUBLIC WORKS A. Award Contract for the 2009 Road Rehabilitation Engineer's CAF, 5 minutes 8:00 p.m. Projects, City Projects 09-02 and 09-03 Resolution 10. GENERAL/NEW BUSINESS A. Recycling Contract Administrator's 10 minutes 8:05 p.m. CAF B. 2010 Proposed General Fund Operating Budget & Finance 10 minutes 8:15 p.m. Levy Director's CAF, Resolution C. Set Truth-in-Taxation 2010 Budget Hearing Date Finance 5 minutes 8:25 p.m. Director's CAF, Resolution 11. STAFF AND COUNCIL REPORTS A. Mayor and City Council 5 minutes 8:30 p.m. 12. ADJOURN 1 minute 8:35 p.m. Executive Summary Shorewood City Council Regular Meeting Monday, 24 August, 2009 A 6:00 P.M. Council Executive Session is scheduled this evening; and A 6:10 P.M. (or following Executive Session) Council Work Session is scheduled this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: This resolution formalizes the appointment of Ric Rosow as Administrative Hearing Officer for the City of Shorewood. Agenda Item #3C: Three Rivers Park District allows the City to use the Southwest LRT trail in winter months subject to a Winter Trail Activities Permit. Staff has prepared the permit application; the activities listed on the 2009-2010 permit are unchanged from last winter. Agenda Item #31): At its 12 August meeting the Council directed staff to prepare a resolution authorizing a completer revision of the Declaration of Protective Covenants for Gideon Cove. A draft resolution is included herein for your consideration. Agenda Item #5A: There are no reports or presentations scheduled for this evening. Agenda Item #6A: There are no public hearings scheduled for this evening. Agenda Item #7: Park Commissioner Thomas Robb will report on the August 11 Park Commission meeting. Agenda Item #7A: This is a request for the expenditure of funds for the purchase and installation of bicycle racks in Shorewood parks. Agenda Item #8A and 4813: At the City Council's direction, staff prepared a draft ordinance amendment authorizing the placement of advertising signs on ball field fences in Freeman Park. A draft license agreement was also provided as part of a conditional use process established in the amendment. Both Planning Commission and Park Commission have recommended against the amendment and the CUP/license agreement. Council should direct staff how it wishes to proceed. If the amendment is adopted, the direction would be to prepare a CUP resolution for consideration at the 14 September meeting. Agenda Item #9A: Staff recommends approving a resolution directing staff to enter into a contract with the lowest bidder, Northwest Asphalt, Inc. in the amount of $413,914.30 for the Smithtown Lane, Harding Lane and Harding Avenue street rehabilitation project. Cit_ Agenda Item #I OA: Discuss and select the vendor to provide curb-side and other recycling services in the community. Agenda Item #IOB: By statute, the council must approve a proposed budget and proposed (not- to-exceed) levy by September 15. The enclosed 2010 proposed General Fund Budget has been prepared in accordance with council recommendations. Both the budget and the levy may change prior to adoption of the final budget and levy in December. Agenda Item #IOC: The Truth-in-Taxation process to be followed this year is similar to years past. The attached resolution sets Monday, December 7, 2009 as the Truth-In-Taxation hearing date with a follow-up hearing and budget adoption at the next regularly scheduled council meeting of December 14, 2009. Staff recommends adoption of the resolution setting these dates for the truth-in-taxation hearings. CITY OF - OA CITY C(- MONDAY, AUC f a ®l MINUTES 3. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Special Meeting of August 10, 2009, at 5:56 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Liz&, Mayor ATTEST: Brian Heck, City Administrator/Clerk #Za CITY-7-7- 7 7 CITY CC T . r , 7C - _ t _ ,SSIO MINUTES 1. CONVENE CITY COUNCIL WORD SESSION - ~-V4 a -C J17W kHr Cl .V1111JE-1 -3 Mayor Lizee called the meeting to order at 6:01 P.M. A. Roll Call Present. Mayor Lizee; Couneilmembers Bailey, Turgeoiz, Woodruff and Zerby; Finance Director Burton; Planning Director Nielsen; Director of' ublic Works Brown; and Engineer Landini Absent: Administrator Heck B. Review Agenda Zerby moved, Woodruff seconded, approving the agenda as presented. Motion passed 510. 2. 2010 Draft Budgets A. South Lake Minnetonka Police Department Budget Mayor Lizee stated South Lake Minnetonka Police Department (SLMPD) Chief Litsey was present this evening to give a brief overview o('the proposed 2010 SLMPD Operating Budget. Chief Litsey provided an overview of the process followed in arriving at the proposed budget as well as an overview of the proposed 2010 SLMPD Operating Budget (a copy of which was included in the meeting packet for this meeting). The highlights are as follows. The SLMPD Coordinating Committee discussed versions of the 2010 budget in a series of meetings. The proposed budget has been refined based on direction received from the Coordinating Committee and other contributing factors. Difficult decisions were made due to the economic conditions and the financial challenges facing the member cities. The Coordinating Committee made a policy decision to forego cost of living wage adjustments in 2010. The SLMPD will have to honor its contractual obligations for step wage increases. If the union negotiations for 2010 end up in arbitration, the Department would have to honor the arbitration award and that is not factored into the budget. SLMPD Staff and the Coordinating Committee also reviewed various line items to determine if further adjustments could be made. Any interest earned on any of the minimal balances in the designated funds is used to help fund operations thereby reducing the amount the member cities have to contribute to operations. The proposed 2010 budget before Council this evening reflects a 0.7 percent increase over the 2009 adopted budget. It was unanimously endorsed by the Coordinating Committee during its July 29, 2009, meeting. The original budget proposal reflected a 3.1 percent increase over the adopted 2009 operating budget. This 0.7 percent increase is less than the 0.86 percent maximum increase benchmark set by #ZB 1'- Par 2 4 Shorewood City Administrator Heck during the July 91r' Coordinating Committee special meeting. The benchmark did not influence the amount of the proposed increase. If there were not a substantial projected loss in operating revenues for 2010, the cost to the member cities would have declined from 2009. If revenues from state peace officer aid and from investment income had remained consistent with 2009 the budget being presented this evening, it would have gone down 0.8 percent. If revenues from state peace officer aid were fully funded (i.e., if they equaled what the SLMPD paid in PERA the previous year), the budget would have gone down approximately 1.2 percent. There were several favorable factors that came together coincidently in achieving the 2010 payroll budget. After the budget was adopted for 2009 there were some retirements. This reduced the payroll expense on a short-term basis because new officers are generally hired at a lower rate of pay; that difference is eliminated after a few years. Also, the Coordinating Comnlittec's decision to forego cost of living wage adjustments in 2010 helped contain payroll costs. A mending retirement is reflected in 2010 payroll budget. That could become a budget problem should the otficcr choose not to retire. Some of the individual expense line items were also tweaked. Other than the payroll items,, the utilities budget was proportionally reduced the most. The budget proposal for utilities factors in historical usage and cost. In 2009 the HVAC system was fine tuned to improve its efficiency; most of the efficiencies gained are on the natural gas side having to do with the boilers. It's difficult to project what the cost savings will be because there is not a full year of history of using the fine tuned system. It's not known how much cost savings are due to weather conditions and how much are due to fine tuning the system. Part of the savings is offset by the cost to have the fine tuning done. Utilities are hard to predict from year to year. State peace officer aid is funded through a percentage of the revenues collected from automobile insurance. Collections on auto insurance are down because of economic conditions, and there was a larger demand on that fund because of the number of officers in the state. This trend is expected to continue for some years. State peace officer aid can be considered to be something similar to local government aid. Revenues from the peace officer aid are something the SLMPD has always counted on. It may be prudent at some future date to phase out of the position of depending on the aid, and to apply any aid received toward capital needs. Based on the circumstances over the next few years it has to be factored into the 2-1- budget; it would be too large of an expense to the cities to try and absorb. The Insurance Fund is used to pay liability insurance, property/casualty insurance and workers compensation insurance. It's anticipated the Fund will be depleted by the end of 2009. The amount being requested from this operating budget will not support 2010 needs. The draft budget does plan for an increase in the transfer to the Fund in 2010. An internal fund transfer or something else will have to be done to help with insurance costs the next few years. The Technology Fund also has inadequate funding. The cost to replace mobile data computers in the squad cars and the MH7, radios is substantially more $100,000. If Hennepin County would consider a lease program for the radios it would help mitigate the financial impact. The record management system is nearing the end of its useful lifespan; it will no longer be supported by the vendor. The purchase of a new system will be a long-term capital investment and it necessitates the SLMPD take due diligence before selecting a vendor. Some of the items that must be considered include: the initial purchase cost and product support; viability and reputation of the company; and bidirectional integration capabilities with Hennepin County because the SLMPD is dispatched through the Sheriff's Communication Division. The hope is that Hennepin County will make a decision during the next year about what type of system it is going to install. The SLMPD could consider selecting the same replacement system. The low-end price tag of $100,000 would essentially deplete the Technology Fund. The $20,000 transfer into this Fund _'ES from the operating fund is barely enough to cover the costs of the annual lease, maintenance and user fees from the County. One of the four strategic goals identified in 2008 is to keep pace with technology. This goal was to be addressed starting in 2009. This budget puts that on hold. During another meeting Mayor Lizee and Administrator Heck had agreed this was an issue. The SLMPD replacement schedule for vehicles is to replace two vehicles one year and three the next, and this schedule repeats itself. Annually there is a transfer to the Vehicle Fund from the Operating Fund for this purpose. If the replacements were funded out of the Operating Fund, there would be spikes every other year to accommodate this schedule. The SLMPD should be transferring enough to the Vehicle Fund from the Operating Fund to replace an average of 2.5 vehicles each year to maintain consistency from year to year. The recent and proposed transfer amount is for 2 vehicles.]f a squad car gets in an accident during the first year of ownership, the SLMPD needs to have sufficient funds to pay the depreciation on the vehicle, which would not be covered by insurance, in order to purchase a new vehicle. Some of this Fund was used to support operations in 2003 when there was controversy over how the SLMPD was funded. This Fund has not recovered from that. Although this is inanageable in the short term, it is not sustainable. The member cities need to come to some agreement on how the long-term care and maintenance of the public safety facility will be funded. There is no fund to do that. The SLMPD has been using funds from a building fund established for the previous building to fund small repairs. Also, a few years ago when the SLMPD had favorable revenues they were added to this building fund. He anticipates the fund will be depleted in 2009 or 2010. After the fund is depleted the SLMPD will have to invoice the member cities for such repairs. The value of the SLMPD holding funds for this purpose is people would know the funds are there. As an example, a separate account was established for the debt service on the public safety facility to manage the flow of funds for debt service payments. That fund cannot be used for operations. The fund is the member cities' fund; the SLMPD is, in effect, the trustee for the account. When the cities' make their debt service payments to the SLMPD the SLMPD places the payments in this fund. The SLMPD makes the debt service payments out of the fund. All interest earned by the fund remains in the fund. A similar process could work for the care and maintenance of the facility. The cities could decide how much should be contributed to such a fund; the interest earned from the contributions would remain in that fund. The Coordinating Committee or some other group of individuals would authorize the use of the funds. It would be cumbersome to get each city to agree to contributing to a certain repair, or authorizing the use of the funds each time a repair had to be made. Litsey stated the 2010 budget process was difficult. The Coordinating Committee provided a great deal of input this year; more than in other years. The City Administrators and Manager also provided input. Other people attended budget discussions, and the Chair Kind recognized those willing to speak. Litsey stated the SLMPD is always looking at ways to supplement the budget. Staffing of the Patrol Division is a serious issue. When former Deputy Chief Nieling retired the end of June 2009, that position was converted to a lieutenant's position with a greater emphasis on the patrol aspect. The lieutenant position will not be scheduled for any particular shift, but it will fill in for shortages and so forth within reason. The position has other responsibilities. Litsey explained the SLMPD has applied for five grants already this year with the total amount of the grants close to $500,000. The largest grant ($282,200) is the COPS Hiring Recovery Program (CHRP) grant through the United States Department of Justice. The SLMPD's application was not selected for 2009. The government is hoping to have more money available in 2010, but there is no commitment to do that. The SLMPD has been approved for two grants it applied for through the Minnesota Department of Public Safety this year. One is in the amount of $2,000; it is for seatbelt education and enforcement along with some other traffic enforcement. The second grant, the Western Hennepin County Safe & Sober I I TIPgk~ ~J;ES e, Chant Group, is a team effort with other cities in the Lake Minnetonka area. The amount of this grant is $13,000. Litsey then explained he submitted two more grant applications in July when additional stimulus money became available. One grant is for a part-time, fully-licensed police officer over a two year period. It would address some of the issues discussed in 2008 during the strategic planning process. The position would help fill the gaps in the schedule when officers are taking time off, and it could help supplement shifts when demand is the greatest. The position would not be a benefited position; it would eligible for things such as uniforms and required training. The application states the goal would be to absorb the position once the grant expires, but there is no obligation to do so. The sectmd grant is for an interactive training simulator. The cost savings that would be realized would be from the SLMPD not having to spend as much on live-fire ammunition, noting the Police Officers Standards and Training Board requires officers to do some amount of live-fire training each year. It wotild he a be«eficial training tool. The SLMPD would have a better chance of receiving the personnel related grant. The SLMPD has applied for and received grants in the past to supplement the budget. Mayor Lizee asked if the Councilmembers had any questions ahouI this budget. Councilmember Turgeon stated she did not have any questions this evening; she vwas waiting for information from Administrator Heck. Councilmember Bailey stated he is still confused about the reason for some of the designated funds. He understood the reason for the Vehicle Fund and the Technology Fund. I le did not understand the need for the Insurance Fund because there is a relatively good understanding of what the insurance needs are from year to year. Chief Litsey explained that it is his understanding that when the Insurance Fund was established it was to help manage the volatility in workers compensation insurance. That has not been as volatile last few years. This fund also allows the SLMPD to maintain higher deductibles, and with the higher deductibles and hopefully fewer accidents many of the deductibles can be managed out of this Fund. This Fund helps self insure the deductible. If the SLMPD had a serious workers' compensation claim, the cost for workers' compensation insurance would increase the next year and this could help fund some of that initial increase.. Litsey expressed his willingness to re-evaluate the pros and cons having some of the designated funds versus paying the expenses out of the operating budget. Bailey indicated he's a proponent of having thimp in operating budgets because they are more visible and easier to track. Bailey stated there is a cost to operate the fire arms range; therefore, he thought it appropriate to pay that expense directly out of the operating budget. He thought the purpose of the undesignated reserve funds is to handle these unbudgeted expenses or increases. He indicated the adequacy of the general fund reserves could be discussed at any time. Chief Litsey stated every two to three years the fire arms range has to be cleaned based on the amount it is used. The money is set aside to do that. Having the separate designated funds helps from an internal management perspective. One of the reasons the DWI Forfeiture Fund was established is DWI forfeitures are governed by State Statute; it made tracking the forfeitures easier. Litsey suggested the practice of having the various designated funds be discussed by the Coordinating Committee. He thought it prudent to do that. Councilmember Bailey stated he thought it would be prudent to have serious discussion at the Council level about a fund for the long-term care and maintenance of the public safety facilities. He thought the member cities should maintain their own funds. When unexpected repairs are needed the public safety departments can notify the City Administrators and Manager and they can discuss whether or not the %7 J7 Est repair is necessary. If so, the cities would have to fund it. The cities maintain their own operating reserves to handle unexpected expenditures. He thought all of this would help with transparency. Chief Litsey stated his concerns are about the funds being available and the amount of bureaucracy that would be introduced. For example, the budget process is cumbersome enough itself. Trying to get each member city to agree a repair to the facility is needed will also be cumbersome. He clarified he was not saying one way or the other was right or wrong. He explained that for change orders on the construction of the facility the chief could authorize a change order up to a specified amount. The Coordinating Committee had discretion up to another specified amount. For larger change orders more authorization from the cities' councils was required, noting this is appropriate for very sign icant change orders. Councilmember Zerby questioned how this would work when the monney has to come from all the member cities. Councilmember Bailey stated he assumed if, for example, the roof collapsed there would be some deductible the cities would have to pay for and that would be not be contestable. Ile thought the City Administrators and Manager should decide on whether the repair, for example, of the sidewalk adjacent to the entry into the public safety facility should have been made, and if it should have been done then the cities would have to pay for it. He noted it would be more cumbersome; a joint powers organization is more cumbersome. He explained the City is responsible for 50 percent of the cost of public safety; it's the City's largest budget line item. He thought it appropriate to submit planned expenses to the member cities. He also thought that doing it this way would cause the budget process to be more forward thinking. He stated there will be repairs that will be outside of the normal operating costs. Each member city should be discussing those repairs. Chief Litsey stated the public safety departments have tried to project the long-term needs of the facilities. The SLMPD Strategic Planning Group struggled with that. Everyone agreed a plan needs to be developed. He welcomed the assistance from anyone that could help with accomplishing that. He explained he had made a suggestion about using the savings from the bond refunding for the facility to help fund a building maintenance fund. That was not well received when the suggestion was first made. He stated he and EFD Chiel, Gerber both would like to have the projections. The projections should be done independent of what organization will hold the money. Having no funding available is a liability for the departments and the member cities. Councilmember Turgeon suggested the City Administrators and Manager determine how to approach developing the plan for the Ion-term care and maintenance of public safety facilities. She thought both police and fire should be discussed at the same time. They share one of the two facilities, and there should be one capital fund for that facility. Councilmember Bailey stated he would like to have the cost projections done. He also wanted the City to have a line item in its municipal facility budget to fiend the repairs and maintenance. Councilmember Turgeon stated that because the problem with the sidewalk was a contractual issue she questioned who should have been responsible for paying for the repair. Mayor Lizee stated the Strategic Planning Group identified the need to address the long-term care and maintenance of the facility. Chief Litsey stated the Group and other council members as well agreed it needed to be addressed; there was not agreement on how that should happen. He would be fine with only having to make recommendations to the cities' representatives, noting it's a community asset. If the cities want to manage their own funds to pay for the necessary work, it would be less for him to do. He noted t 4 'T'NG MINUTES p. he would do what ever is required of him to help with the process. He recommended the cities hire someone with the experience to establish a replacement schedule, noting that is not his area of expertise. Councilmember Bailey stated he appreciated the effort to get the proposed SLMPD 2010 budget increase over 2009 down from a 3.1 percent increase to a 0.7 percent increase. He expressed his disappointment that the increase is not zero percent. He noted zero percent is an arbitrary number, but it is an important number this year. The increase to the City is about $7,000; the City will survive that increase. He stated the Excelsior Fire District's 2010 total budget reflects a zero percent increase over 2009. Councilmember Turgeon expressed concern that the fire department may conclude that the cities think the police department is more important than the fire department. She stated the police and fire departments are going to pay attention to what happens with each other's budget, as well as N~ ith each city's budget. Councilmember Zerby stated the proposed 2010 SLMPD Operating Budget reflects a 0.3 percent decrease in operating expenses over 2009. It's not getting a 0.7 percent increase in expenses. The EFD and SLMPD are completely different. The majority of the FD's expenses are capital related. The majority of the SLMPD's expenses are personnel related. Councilmember Turgeon stated the Coordinating Committee approved raises for SLMPD non-union personnel for 2009 in February 2009. She suggested the impact on the budget of such raises should be evaluated. She explained the contractual step increases for police officers have to be honored. Those increases are 3 percent, 6 percent and 12 percent in the first three years respectively. The impact of the step increases also needs to be evaluated. She asked if the salaries and benefits for SLMPD personnel are comparable. She suggested there should be more focus on line items that can [potentially be reduced. She commented the Coordinating Committee Chair had suggested possible reductions in the amount of $60,000, yet the Chair voted for the proposed budget. Chief Litsey clarified the Chair and he had discussed the items, and a lot of it had to do with personnel costs that were already factored into the budget. After lie reviewed the individual items with the Chair she was comfortable with the proposed' budget. He noted it is the Chair's first year on the Coordinating Committee. He explained the SLMPD does its due diligence when it negotiates contracts. Comparisons are made to other cities. For both union and non-union personnel market rate comparisons are made for any proposed raise. The goal is to achieve wages that are in the middle or slightly above the market rate. Retention is a major factor for the SLMPD. SLMPD is a smaller organization when compared to some of those in the area. The SLMPD has to continually look for creative ways to recruit and retain the best. If the $LMPD's staffing level is compared to the staffing level of some of the surrounding organizations, the member cities would have paid well over $1 million over the last 10 years to staff at their staffing levels. It would have been a huge additional cost. A market rate analysis will be done as part of the negotiations this year. Councilmember Turgeon stated she was only asking that due diligence be done. She commented she thought Administrator Heck had a lot of experience in this area, and she thought he could help the process along. She stated the City cannot continue to use its reserves. Chief Litsey stated he had a good discussion about the budget with Mayor Lizee and Administrator Heck during a previous meeting, and he also discussed the budget with Councilmember Zerby. He also thought there had been good dialogue this evening. He suggested if Council wants the policies about things such as fund balances discussed he would be happy to work with the Coordinating Committee and the City Administrators and City Manager on that. He thought that should occur after the budget process is completed. He thought it appropriate to revisit policies periodically. He suggested the auditor should also be asked to provide input. He thanked Council for its input. -/0R` ""N MEETING MINUTES 7 Chief Litsey respectfully excused himself from the meeting at 6:43 P.M. 2014 General Operating Budget Director Burton stated the meeting packet for this meeting contains the third draft of the 2010 General Fund operating budget for the City as well as a summary document. This draft includes the changes discussed to date. She noted that the City has not yet received confirmation from the State on what the City's levy limit will be. The State has until September Is' to do that. Burton then highlighted a few of the budget items. The budget represents an increase in the base levy of $34,462 over the 2009 base levy (or 0.83 percent). The total anticipated General Fund revenue is approximately $5.4 million. This revenue includes a $10,000 transfer from the Liquor Fund; the first draft contained a $40,000 transfer. As of June 30, 2009, the year-to-date interest earned on the Liquor Fund balance was $9,1`00. The revenue also contemplates the use of $155,000 in General Fund reserves; the first draft contemplated $160,000. Numerous adjustments have been made to the General Find budget. Those adjustments have been reviewed with Council during a previous work session, and a list was included in the meeting packet. The items that have been placed on a list for consideration are as follows. ➢ The Mayor and Council budget includes $2,500 for the employee recognition event. ➢ The Administration budget includes a $24,000 place holder for potential merit increases. Council has discussed the possibility of reducing this by 50 percent or eliminating it entirely. The budget line items highlighted are as follows. ➢ The number of voting booths that will be purchased has been reduced to two from four for a savings of approximately $600. ➢ The miscellaneous services line item in the Professional Services budget has been reduced by $ 10,000. ➢ The budget includes some reallocation of employee staff. The Parks Secretary is allocated to spend more time on parks activities and less time on administration activities. ➢ Equipment maintenance in the Municipal Buildings budget was increased to reflect the new agreement the City has with WarnerConnect for support of the phone system and Information Technology systems. ➢ The Municipal Buildings budget includes a $20,000 transfer from the Technology Fund for the purchase of a copier. ➢ The Administration budget includes a $2,500 transfer from the Technology Fund for the purchase of a replacement computer for the City Administrator. ➢ The General Fund budget includes a $2,500 transfer from the Technology Fund for the purchase of a replacement computer for the Communications Coordinator. ➢ The Police budget is the one reviewed earlier in the meeting as well as the debt service component. ➢ The City Engineer budget includes a $1,000 capital outlay line item for a personal digital assistant (PDA) device and a global positioning system (GPS) data phone. ➢ The Public Works budget includes a $3,800 capital outlay line item for a replacement base radio. - _7 -s -NG MINUTES , _ of The transfer to the Park improvement fund was reduced to $42,000 from $45,000 and $3,000 was added to the Parks and Recreation operating budget for programs. Burton stated Staff hopes Council will adopt this draft budget as presented during its August 24, 2009, meeting. During that same meeting Council will have to schedule a Truth-In-Taxation public hearing. Both of these actions will be done in the form of resolutions. Councilmember Bailey stated in this budget expenses and revenues are the same. The $24,000 place holder for merit increases could either be used for that or it could be reallocated for other initiatives. This is the largest amount Council has to make a final decision on. Director Burton noted that Council will have additional opportunities to discuss the 2010 General Fund operating bud- et again in the fall. Councilmember Woodruff stated although the $24,000 is a worrisome item, Council has up until when it adopts the final 2010 General Fund operating budget to determine what it wants to do with the $24,000. It can decide to reallocate it, leave it as budgeted, eliminate it entirely or a combination of these. The decision does not have to be made now. The transfer to the Park capital fund was reduced by $3,000. Council could consider restoring the $3,000. He indicated he could support adopting the proposed budget and tax levy for certification to Hennepin County at the August 24`x' meeting. Director Nielsen stated the last time Council reviewed the draft budget the potential reduction to staff in the Planning Department was listed as a secondary item. The suggestion at that time was the budget was balanced with those items being a potential reduction. This draft of the budget includes the reductions. He expressed concern about that. He questioned why the Planning Department was singled out, and why he (the department head) wasn't consulted about it. Director Burton explained Administrator Heck had instructed her to reduce the Planning Department staff even further. She did not think it was appropriate to do that without discussing it with Director Nielsen first. She stated that employees would not have a reduction in hours, but rather the time was being re-allocated to other areas. For example, the budget reflects that four hours of Planning Department staff resources will be reallocated to web services activities. Councilmember Turgcon stated Council needs to have a discussion with Administrator Heck regarding reallocation of personnel. Councilmember 7erby stated Council has discussed the need for Planning Department services has decreased in the current economy. But, he thought more discussion is needed about this. Mayor Luce stated it's appropriate to solicit Director Nielsen's input on this. Councilmember Zerby stated he can support certifying the proposed tax levy. He questioned if it would be possible to use the $24,000 as an incentive find that would proportionally be distributed based on equal amounts being saved in the operating budget. Councilmember Woodruff stated that could be discussed over the next few months. He then stated Administrator Heck has previously discussed the possibility of giving one-time merit payments to staff rather than increasing base pay, and he thought that is similar to what Zerby had discussed. In response to a comment from Director Burton, Councilmember Bailey stated he liked the new format for the departmental budget summary pages. There was consensus that there is no need to have a Council budget work session on August 17, 2009. ""O O SESSt n i® VIT` ES ADJOURN Zerby moved, Woodruff seconded, Adjourning the City Council Work Session of August 10, 2009, at 6:57 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Liz6e, Mayor ATTEST: Brian Heck, City Administrator/Clerk CITY 01 , -)OD CITY COITP-CT-, EGULA MEETING MONDAY,,-. VGuST 10, 2009 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:08 P.M. A. Roll Call 5755 COU .LU COUNCIL, C v-BEk3 7:00 P.M. Present: Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff arncl Zerby; Attorney Tietjen; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Administrator Heck. B. Review Agenda Mayor Lizee requested that Item IO.A be moved to Item 4.A on the agenda. She also requested that Item 3.E, Direct Staff to Prepare a Resolution Appointing Ric Rosow as a Public Hearing Officer, 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, July 27, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 27, 2009, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, July 27, 2009 Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of July 27, 2009, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Council Policies and Procedures (This was moved to Item I O.C on the agenda.) C. Wildwood Plat Extension of Time #Zc --U CtL MEETING ivi A v1S Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. A. Review Quotes and Award Contracts for Southshore Community Center Improvements This was moved from Item 10.A on the agenda. Mayor Lizee stated Kristi Anderson, the Southshore Community Center (the Center) Director, is present this evening to discuss this item. Director Anderson stated during its July 13, 2009, meeting Council directed her to obtain quotes for the installation of new carpet and flooring as well as the interior painting of the facility. She explained that in order to better evaluate the costs she asked carpet cleaning contractors to evaluate the carpet. Based on their feedback, the carpeting in the library and the smaller areas ti~,ill be cleaned rather than replaced. The carpet in the banquet room and hallway will be replaced, and a dance floor will be installed in the banquet room. The entire interior of the facility will be repainted. Anderson stated the meeting packet for this meeting contains the estimate tabulation for the interior painting project and for the flooring project. Anderson explained the interior painting project includes: interior painting of the large banquet room, activity room, foyer and vestibule, current coat room, long hall, old archive room, Director's office, and small office; all wood windows will be prepped and receive, at a minimum, one coat of finish; and the assorted metal doors will be prepped and receive two finish coats. The low quote for this project was submitted by Superior Painting Contractors in the amount of $9,710. Anderson then explained the flooring project includes: new carpet in the banquet room and long hallway; installation of a laminate dance floor in the dining room; base edging piece around the carpeted areas; and removal and disposal of the existing carpet in these areas. The low quote for this project was submitted by Color Center in the amount of $14,000. Anderson noted Community Rec Resources and Charthouse Management had indicated during the request for proposals process for management services for the Center that these improvements to the Center were needed. Anderson stated Staff recommends the contract for the interior painting project be awarded to Superior Painting Contractors in the amount of $9,710 and the contract for the flooring project be awarded to Color Center in the amount of $14,000. L a--UNCIL MEETING MINUTES Mayor Liz6e asked if Director Anderson had a timetable for completing these two projects. Anderson stated she would like to have the painting started by the end of the week. Once the painting is complete the carpet can be installed. There are a few programs that are starting the beginning of September and she would like to have these projects completed in advance. Her intent is to schedule a grand re-opening of the Center in October. In response to a question from Councilmember Bailey, Director Anderson stated she asked Staff and other cities' staffs for contractor recommendations. Couneilmember Turgeon asked if the Center's Oversight Committee had input oli the proposed location for the dance floor and the overall design for these projects. Councilrnembcr Woodruff stated he is a member of the Committee, and the Committee Members reviewed the proposals and are aware of where the dance floor will be located. He is not aware of what the color of the carpet or paint will be. He does not believe there is a need for him to be involved with that, he doesn't want to be involved with that. Director Anderson stated she has color samples but did not bring them this evening. Councilmember Woodruff stated the cost to do these projects is a lot of money. The business of this community center is just getting revitalized. He commented that this investment is a leap of faith that these improvements will help in making the business successful. He stated if these projects are approved he will find it difficult to spend much more on anything else in the facility. This has to be the most important thing for the Center for the next six to nine months until there can be an assessment of the business. Director Anderson stated these improvements are the highest priority. During some of the showings of the Center she received negative comments about the carpet She thought that by making these improvements the City was demonstrating its commitment to the Center operations for the long term. She would feel comfortable in asking the other member cities' for contributions in the future because the City had made this initial investment. Mayor Lizee stated the need for these improvements was identified during the request for proposals process. In response to a question from Councilmember Bailey, Director Burton stated she recommends the Senior Community Center Fund which has a balance of approximately $40,000 be used to establish an enterprise fund for Southshore Center operations. Councilmember Zerby stated he is a member of the Oversight Committee also. They looked at the Center to assess its condition. He did not think there is a need for the Committee to be involved with selecting paint and carpet colors. Although it is a large amount of money, it's really not all that significant when you consider you're trying to operate a business of this scale. Zerby moved, Bailey seconded, awarding the contract for the interior painting project for the Southshore Community Center to Superior Painting Contractors in the amount of $9,710 and the contract for the flooring project for the Southshore Community Center to Color Center in the amount of $14,000. Motion passed 5/0. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING No report was given as there had not been a Park Commission meeting since the last Council meeting. A. Park Capital Improvements for 2009 and 2010 Kristi Anderson, the City's Park Coordinator, stated the City had contracted with TKDA to work with the Park Commission to revise the master plan for the City's park system. The Commission has been working on prioritizing the improvement projects for 2009 and 2010 over the last few months. The prioritized list is based on the adopted 2009 Park capital improvement program (C1P) and the revised plan. Anderson reviewed the Park Commission's recommendation for 2009 improvement projects. The list is as follows. Uniform park signage in all the City~owucd parks estimated cost $30,000 Canopy type picnic shelter at Silverwood Park estimated cost $13,000 Remodel the warming house in Manor Park estimated cost $50,000 Purchase and install bike racks in the City-owned parks estimated cost $ 1,200 Total $94,200 Anderson stated she is already working on the first three projects. She noted the Manor Park warming house project design and specifications will be cornpleted in the fourth quarter of 2009 and the construction will be done in the spring of 2010. Anderson explained as of June 30, 2009, the Park Improvement Fund had a balance of $250,000 and a $45,000 transfer into the Fund is planned for 2009. If the 2009 projects are approved by Council, the 2009 year-end balance in this Fund should be approximately $200,800. Anderson reviewed the Park Commission's recommendation for 2010 improvement projects. The list is as follows. 1. Paint and re-roof the Badger Park warming house estimated cost $ 3,500 2. Install rustic type trails in Badger and Silverwood Parks estimated cost $15,000 3. Overlay the tennis court in Badger Park estimated cost $ 3,000 Total $21,500 Brown explained the Park Commission has discussed adding restrooms to the warming house in Manor Park. The $50,000 cost is for re-roofing the structure and adding restrooms. In response to a question from Councilmember Woodruff, Park Coordinator Anderson stated the cost for the bike racks was for racks in all of the parks. Councilmember Woodruff stated lie thought the estimated cost of $3,500 for painting and re-roofing the structure in Badger Park seemed low based on what it cost to paint Eddy Station. Director Brown T-S explained most of the funds will be used to re-roof the structure, and this structure will be easier to paint because it has only one door and three windows. Councilmember Turgeon stated the estimated cost to re-roof the small concession stand in Freeman Park is $3,000; she also questioned the $3,500 estimate. She thought some of the 2009 and 2010 priorities should be reversed because of the time of year it is. For example, she would purchase and install the bike racks next spring and improve the warming house this fall. Director Brown stated per Council's direction the Park Commission has identified its priorities. The weather will play a role in whether or not some of the projects are completed in 2009. Park Coordinator Anderson explained the top three 2009 projects are in the 2009 Park C11', noting the TKDA process delayed the start of the projects. Anderson noted the City has received estimates on those projects. Councilmember Zerby asked if there is a project to install water.in the area of the community gardens. Councilmember Woodruff asked what the benefit is in approving the 2010 projects now. Director Brown explained that in 2009 Council asked the Park Commission to prepare a plan. The Commission focused on a two-year plan that it would like Council to approve. Woodruff moved, Bailey seconded, approving the list of 2009 and 2010 capital park improvement projects. Motion passed 510. Councilmember Woodruff commented that CounCll will have the opportunity to approve each of the projects. 8. PLANNING No report was given. A. Gideon Cove Home Owner's Association - Amend Declaration of Covenants Director Nielsen stated the Gideon Cove Homeowner's Association is in the process of updating its declaration of covenants that governs the development. He explained this project was done as a planned unit development (PUD). The PUD included a peninsula of land on the north side of Timber Lane that had two nonconforming existing docks ou it: The peninsula was set aside as common space for the use of the Gideon Cove residents. As part of the PUD agreement the City agreed to keep the two docks, but it required a provision to be place in the declaration of covenants stating the two existing docks were to be assigned to two of the unit lots within the development. The City is a signatory to the declaration of covenants. Nielsen then stated because the common space and the provision for the two docks rernain in the updated declaration of covenants Staff recommends Council direct Staff to prepare a resolution approving the updated declaration of covenants. Woodruff moved, Zerby seconded, directing Staff to prepare a resolution approving the updated declaration of covenants for the Gideon Glen Homeowner's Association. Motion passed 510. 9. ENGINEERING/PUBLIC WORKS There was nothing for discussion this evening. '7"' MEETING MINUTES I9® GENE L/NEW BUSINESS A. Review Quotes and Award Contracts for Soutsore Community Center Improvements This was moved to Item 4.A on the agenda. B. City Mall Landscaping Plan Director Nielsen stated that after meeting with Mayor Lizee and him, L,an-De-Con prepared a new landscape plan for City Hall. The revised plan is considerably more in tine with Council's direction to include low maintenance, native plantings. There are four landscape areas that were identified for landscape treatment. The first is the area at the front of the building and includes the area near the entry to the building going toward the tennis court. The second is the landscape berm. The third is the area abutting Country Club Road. The fourth area is in the back of the building. Approximately 90 percent of the plantings are native to Minnesota. Those plants that are not native are cultivars of native plants; they have been improved for hardiness and salt-tolerance.; The plan indicates a dry creek bed that will conduct drainage away from the north side of the building. It terrrii-riates into a small rain garden located near the northeast corner of the building. The intent is to place small identification signs near the various types of plantings so residents can be made aware of what the plantings are. The large sign for City Hall will be located in the northwest corner. A small directional sign will be placed toward the edge of the landscape berm to direct people to the Southshore Community Center and Badger Park. There will be minimal landscaping done at the rear of the building. A decision has not been made about what to do about the retaining wall pit in the back of the building. Some of the proposed plantings are substantial in size. Nielsen then stated the quote for doing this landscape project is approximately $40,500. Staff recommends going with a design then building approach which is what the proposal from Lan-De-Con is. If Council wants Staff to obtain additional quotes it will delay the project. Staff would like to have the plantings in the ground by the end of August. Mayor Lizee stated Lan-De-Con representatives had many good ideas. They were very receptive to the City's desire to have native plantings, a sustainable and low maintenance landscape environment, plants that would do well in the Minnesota climate, an aesthetically appealing look, and a plan that will allow residents to learn from it. She thought the plantings and the layout of them will look great, noting she had researched many of the proposed plantings. Director Nielsen commented even the grass in the turf areas will be low maintenance. He explained that some of the plantings will not require pruning. After the plantings are established, there will be very little need for watering them. Councilmember Woodruff stated this new plan is a vast improvement over the first plan. He then stated the existing Cedar trees on the east side of the property look ragged. Director Nielsen explained Staff talked about removing them, but it would be very noticeable from Country Club Road. The current proposal shows the trees remain. He thought the trees look okay from the road side. Woodruff suggesting removing the Cedar trees could be considered after the new plants are established. Woodruff stated at some point the City may have to consider adding some type of irrigation system, clarifying that he is not suggesting that be done now. - - „R R COUNCIL MEETING MINUTES 7 Woodruff moved, BaF led, authorizing Lan-ire-Con to begin the landscape work for an amount not to exceed Se-t.&,vuv. Councilmember Zerby stated he is vehemently opposed to doing this project. He did not think it was prudent to spend that amount of money in this economic climate. The Council is looking for ways to reduce the budget for 2010 and this type of expenditure is lavish from his perspective. He explained the quote includes 280 square feet of boulder filtration soil (also known as washed concrete sand). Based on his internet search the cost for that material is $35 per ton (which is probably a cubic yard), yet the quote indicates it costs $35 per square foot. Director Nielsen stated it's highly unlikely it would be square feet; it's typically done in cubic yards. He will clarify that with Lan-De-Con. He explained Lan-De-Con stated it is more expensive than pit run because of how it functions. The $9,800 cost is for materials and installation of the dry creek bed. The dry creek bed is a substantial portion of the cost. Councilmember Zerby stated Council has discussed phasing this M. i le understands the City has already borrowed the money to do this, but it does not have to be spent. The quote does not include the cost to finance the funding. He noted he will vote against approving this project. Councilmember Turgeon asked if Staff had an estimate of what it v,vould cost to landscape the front and west areas only. Director Nielsen stated he did not have that cost this evening. He expressed concern about leaving the berm looking the way it does which is not very good. Councilmember Turgeon asked Councilmember Zerby if he would be more receptive to a phased in plan. Zerby stated a plan with a $15,000 cost would be more palatable to bin. He suggested that maybe the dry creek bed and the landscaping in the rear of the building could be eliminated from the plan. Turgeon stated she would prefer the landscaping be done in phases. Mayor Lizee stated the City has the funding to do the landscaping and the landscaping will put the finishing touches on the City Hall renovation project. She noted the dry creek bed will help mitigate the drainage issues in the front of the building. Although there may be other options for dealing with the drainage problem, she thought the dry creek bed is aesthetically appealing and sustainable. When Council discussed renovating City Hall landscaping was part of the discussion. It's part of the investment the City has to make. The look of the berm is very unappealing. She recommended the entire project be done now. Motion passed 3/2 with Turgeon and Zerby dissenting. C. Council Policies and Procedures This item was removed from the consent agenda at Councilmember Bailey's request. Councilmember Bailey stated lie had three concerns about the most recent version of the Council Policies and Procedures. The document includes the changes suggested by Council during its July 13, 2009, and July 27, 2009, meetings. With regard to provision 2.4 Special Meetings, Councilmember Bailey expressed concern that there are no restraints on calling a special meeting. A mischievous council could call a meeting when a particular council member was out of town in order to influence the outcome of a particular action. The meeting could be called with a 24 hour notice. He thought this provision was too broad. Attorney Tietjen stated she was not clear about Bailey's concern is, but this provision is modeled after State Statute. Statute deals with the procedure for calling the meeting, but she does not think it addresses the purpose for calling the meeting. Bailey asked if Tietjen has even seen anything about what can be discussed during a special 'S ffi ..fie " wn meeting. Tietjen responded most of the provisions she has seen deal with the procedure for calling special meetings. She stated there are guidelines for what constitutes an emergency meeting. She was not aware of any restrictions on what constitutes a special meeting. Bailey stated if the other Councilmembers were not concerned about this provision he would drop it. Councilmember Zerby stated he understood Bailey's concern, but he wasn't sure how to craft any language to deal with it. He noted the City has been operating under this State Statute for 35 years and there has not been an issue. With regard to provision 6.2 Addressing the Council after a Motion is Made, Councilmember Bailey stated he thought the intent of this provision is that the mayor or the majority of the council could recognize a speaker after a motion has been made. He thought this provision should be modified to say the majority of the council should be able to overrule the mayor's decision to recognize a speaker. This would provide for the majority of the council to decide who does or does not speak. Councilmember Zerby questioned if provision 3.6 Public Comments addressed Bailey's concern, to which Bailey responded he did not think it did. Bailey stated he thought the council should have the right to limit the length of discussion and choose who gets recognized to spe4. Councilmember \Voodruff stated that although he understands Bailey's point, provision 6.2 addresses the very specific situation of addressing someone after a motion has been made. If the proposed language were to be added he thought it should be added in a more general area. He supported adding language stating il'the majority of the council does not want to have a speaker recognized then the majority can prevail. the language should be added in general not to just this provision. Bailey stated the language should also be added to provision 3.6. The language could be as simple as saying "The mayor's decision to recognize someone can be overruled by the majority of the council." With regard to provision 11.1 Committees Designated, Councilmember Bailey stated this provision states "The following committees shall be appointed" but it doesn't list the committees. Councilmember Woodruff suggested the words "The following committees" be change to "Committees". Councilmember Zerby stated he would like a "clean copy" of the document the next time. He does not want the old wording that was modified included in the document. There was consensus to continue this to a September meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Informational Item: Shorewood Fitness 19 5K Run on September 12, 2009 Mayor Liz6e stated this is to raise money for the Children's Cancer Research Fund. B. Mayor and City Council In response to a question from Councilmember Woodruff, Director Nielsen explained the installation of the Gideon Glen Memorial Bench has been delayed until the third weekend in August because Miles DelBusso was not able to get a team together. He has not heard back from the Minnehaha Creek Watershed District (MC)vVD) about whether or not the blue tubes on plantings could be removed. Engineer Landini stated it's his understanding that the MCWD had let out a bid a couple of months ago for maintenance at Gideon Glen. Director Brown stated the MCWD did contract to have the grass at Gideon Glen mowed as part of its long-term contract for maintenance of that area. Brown stated the City's Public Works Department did spray the trail for weeds, re-rock the trail, build an outcropping for Ct' - E -1 1 Augus': Page 9 ~t the proposed bench and removed some dead fall. Councilmember Zerby stated it's his understanding that some of the new rock was washed away after the recent heavy rain. Councilmember Woodruff stated the Lake Minnetonka Communications Commission (LMCC) made a decision not to apply for a fiber to the home (FTTH) grant application for a stimulus grant during the first round of applications. When the LMCC received the FTTH grant application rules it became obvious the LMCC did not have a chance of being successful with its grant application for a variety of reasons, with the biggest reason being the requirements for designating areas not currently served. There is some hope that the rules will be modified for the next two rounds of applications. There are only two member cities the LMCC has not visited to secure support for this effort. All cities that have been visited have approved the effort. Mayor Lizee congratulated Councilmember Bailey on his recent marriage on July 25, 2009. She stated the August 4"' Night to Unite event was successful. She congratulated Shorewood Resident Randall McDaniel, a former offensive player for the Minnesota Vikings and a paraprofessional at Hilltop Primary School in the Westonka Public School District, for his recent induction into the Pro Football Hall of Fame the past weekend. 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of August 10, 2009, at 8:12 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk Item Number 3 Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 48776 through 48838, totaling $338,959.47. Staff Recommendation Staff recommends approval of the claims list. 8/20/2009 12.41 PM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: L BEACON BANK DATE RANGE: 8/11/2009 THRU 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE 00051 EFTPS - FEDERAL W/H D 8/18/2009 00092 MN DEPT OF REVENUE D 8/18/2009 00053 ICMA RETIREMENT TRUST-302131-4 R 8/18/2009 16625 MINN NCPERS GROUP LIFE INS R 8/18/2009 00052 PERA R 8/18/2009 20005 WELLS FARGO HEALTH BENEFIT SVC R 8/18/2009 10576 ADVANCED IMAGING SOLUTIONS INC R 8/24/2009 00087 AFSCME CO 5 MEMBERS HEALTH FUN R 8/24/2009 01977 ANDERSON, KRISTI B. R 8/24/2009 02034 ARBORETUM EDUCATION OFFICE R 8/24/2009 03325 BOYER TRUCK PARTS DISTRIBUTION R 8/24/2009 04081 CARQUEST AUTO PARTS P. 8/24/2009 04300 CATCO PARTS AND SERVICE R 8/24/2009 04950 CHECKPOINT SECURITY SYSTEMS, I R 8/24/2009 05305 COMMUNITY REC RESOURCES R 8/24/2009 1 CONNIE OLIVER R 8/24/2009 05875 CUB FOODS R 8/24/2009 05885 CULLIGAN BOTTLED WATER R 8/24/2009 29248 EMERGENCY AUTOMOTIVE TECHNOLOG R 8/24/2009 07480 EXCELSIOR ENGRAVING R 8/24/2009 08712 G & K SERVICES R 8/24/2009 27195 GRAINGER, INC R 8/24/2009 CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 000000 11,900.45 000000 2,151.85 048776 1,820.56 048777 32.00 048778 6,379.86 048780 305.00 048781 264.00 048782 357.00 048783 244.19 048784 180.00 048785 143.24 048786 288.48 048787 85.16 048788 365.00 048789 3,399.41 048790 43.88 048791 90.16 048792 63.61 048793 44.12 048794 52.56 048795 981.49 048796 311.33 8/20/2009 12:41 PM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01 Cicy of Shorewood BANK: 1 BEACON BANK DATE RANGE: 8/11/2009 TARU 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE 80750 HACH COMPANY R 8/24/2009 07900 HAWKINS, INC. R 8/24/2009 10504 HENN CTY ELECTIONS R 8/24/2009 10506 HENN CTY INFO TECHNOLOGY DEPT R 8/24/2009 29286 HYDROCAD SOFTWARE SOLUTIONS LL R 8/24/2009 29277 INDUSTRIAL CHEM. LABS & SERVIC R 8/24/2009 11300 INTERNATIONAL CODE COUNCIL, IN R 8/24/2009 11650 KENNEDY & GRAVEN, CHARTERED R 8/24/2009 12250 KLM ENGINEERING INC R 8/24/2009 13070 LANDINI, JAMES R 8/24/2009 1 LITTLE BLIND SPOT R 8/24/2009 21340 LOCAL LINK R 8/24/2009 14467 MARTIN MARIETTA AGGREGATES R 8/24/2009 00079 MEDICA R 8/24/2009 15176 MENARDS R 8/24/2009 15500 METRO COUNCIL ENVMT(WASTEWATER R 8/24/2009 15300 METRO SALES, INC. R 8/24/2009 15800 MIDWEST ASPHALT CORP. R 8/24/2009 1 MONTAGE ENTERPRISES INC. R 8/24/2009 19950 NORTHERN WATER WORKS SUP R 8/24/2009 19965 NORTHLAND TRUST SERVICES, INC. R 8/24/2009 1 PPD/PFD E-MAIL NETWORK R 8/24/2009 CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 048797 121.74 048798 45.00 048799 436.56 048800 32.00 048801 172.00 048802 697.19 048803 100.00 048804 2,905.04 048805 2,300.00 048806 40.00 048807 3,000.01 048808 131.80 048809 18,917.41 048810 12,861.57 048811 79.50 048812 48,017.98 048813 623.00 048814 109,864.49 048815 72.94 048816 11,129.18 048817 2,102.55 048818 280.00 8/20/2009 12:41 PM A/P HISTORY CHECK REPORT VENDOR .SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 8/11/2009 THRU 99/99/9999 CHECK VENDOR I.D. NAME STATUS DATE 26100 QWEST R 8/24/2009 22482 SAM'S CLUB R 8/24/2009 83501 SCHWAAB, INC R 8/24/2009 22950 SHOREWOOD TRUE VALUE R 8/24/2009 23500 SO LK MTKA POLICE DEPT R 8/24/2009 19435 SPRINT R 8/24/2009 29101 SUN NEWSPAPERS R 8/24/2009 17200 SUN PATRIOT NEWSPAPERS R 8/24/2009 23704 SUPERIOR PAINTING CONTRACTORS, R 8/24/2009 5080 THE COLOR CENTER CARPET ONE R 8/24/2009 29142 THREE RIVERS PARK DISTRICT R 8/24/2009 22901 VIKING LAND TREE CARE INC R 8/24/2009 27190 WACONIA FARM SUPPLY R 8/24/2009 18500 WM. MUELLER & SONS, INC. R 8/24/2009 28350 WOODRUFF, RICHARD R 8/24/2009 28451 WSB AND ASSOCIATES R 8/24/2009 T 0 T A L S REGULAR CHECKS: HAND CHECKS: DRAFTS: EFT: NON CHECKS: VOID CHECKS: TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 BANK: 1 TOTALS: REPORT TOTALS: PAGE: 4 CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 048819 551.66 048820 233.36 048821 49.32 048822 447.81 048827 113.96 048828 183.53 048829 128.71 048830 160.24 048831 4,550.00 048832 6,843.00 048833 80.00 048834 2,062.10 048835 22.97 048836 9,532.98 048837 70.40 048838 17,947.25 NO CHECK AMOUNT DISCOUNTS TOTAL APPLIED 58 272,358.30 0.00 272,358.30 0 0.00 0.00 0.00 2 14,052.30 0.00 14,052.30 0 0.00 0.00 0.00 0 0.00 0.00 0.00 VOID DEBITS VOID DISCOUNTS VOID CREDITS 0 0.00 0.00 0.00 TOTAL 60 286,410 .60 0.00 286,410. 60 60 286,410 .60 0.00 286,410. 60 65 286,410 .60 0.00 286,410. 60 08-20-2009 12:38 AM C 0 U N C ' L R E P O RT BY VENDOR NAME - AUGUST 24, 2009 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT ADVANCED IMAGING SOLUTIONS INC 8/24/09 MAINT 07/06-08/06 General Fund :'Municipal Buildings _ 264. 00 TOTAL: 264. 00 AFSCME CO S MEMBERS HEALTH FUND 8/24/09 SEPT UNION DENTAL PREM General Fund Unallocated Expenses 357. 00 TOTAL: 357. 00 ANDERSON, KRISTI B. 8/24/09 SHWD PARK MTG 08/11/09 General Fund Parks & Recreation 170. 00 8/24/09 S.S.CTR - SUPPLIES REIM Southshore Communi Senior Community Conte 74. 19 TOTAL: 244. 19 ARBORETUM EDUCATION OFFICE 8/24/09 JAMES LANDINI General Fund City Engineer 60. 00 8/24/09 BRAD NIELSEN General Fund City Engineer 60. 00 8/24/09 CHRIS LIZEE General Fund City Engineer 60. 00 TOTAL: 180. 00 BOYER TRUCK PARTS DISTRIBUTION CTR. 8/24/09 BRAKE PARTS General Fund Public Works 143. 24 TOTAL: 143. 24 CARQUEST AUTO PARTS 8/24/09 OIL FILTERS General Fund Public Works 118. 79 8/24/09 STARTER General Fund Public Works 113. 48 8/24/09 OIL FILTERS General Fund Public Works 27. 55 8/24/09 PAINT SUPPLIES General Fund Public Works 28. 66 TOTAL: 288. 48 CATCO PARTS AND SERVICE 8/24/09 CALBE JETTER General Fund Public Works 85. 16 TOTAL: 85. 16 CHECKPOINT SECURITY SYSTEMS, INC. 8/24/09 FIRE MONITOR PW-08/09-07/1 General Fund Public Works 240. 00 8/24/09 ANNUAL FIRE CHECK -08/09-0 General Fund Public Works 125. 00 TOTAL: 365. 00 COMMUNITY REC RESOURCES 8/24/09 PARK 07/27-08/14 General Fund Parks & Recreation 3,105 .00 8/24/09 SAFETY CAMP EXP REIM General Fund Parks & Recreation 54 .41 8/24/09 08/03-08/-14 CRR W/ S.S.CT Southshore Communi Senior Community Conte 240 .00 TOTAL: 3,399 .41 CUB FOODS 8/24/09 SCHOOL DIST/CITIES MTG 08/ General Fund Council 90 .16 TOTAL: 90 .16 CULLIGAN BOTTLED WATER 8/24/09 DRINKING WATER SVC General Fund Municipal Buildings 30 .11 8/24/09 S.S. CENTER WA SOFTNER Southshore Communi Senior Community Conte 33 .50 TOTAL: 63 .61 EFTPS - FEDERAL W/H 8/18/09 FEDERAL W/H General Fund NON-DEPARTMENTAL 4,123 .59 8/18/09 FICA W/H General Fund NON-DEPARTMENTAL 3,151 .38 8/18/09 MEDICARE W/H General Fund NON-DEPARTMENTAL 737 .05 8/18/09 FICA W/H General Fund Council 80 .60 8/18/09 MEDICARE W/H General Fund Council 18 .87 8/18/09 FICA W/H General Fund Administration 276 .20 8/18/09 MEDICARE W/H General Fund Administration 64 .60 8/18/09 FICA W/H General Fund General Government 386 .84 8/18/09 MEDICARE W/H General Fund General Government 90 .47 8/18/09 FICA W/H General Fund Elections 6 .77 8/18/09 MEDICARE W/H General Fund Elections 1 .58 8/18/09 FICA W/H General Fund Finance 304 .75 8/18/09 MEDICARE W/H General Fund Finance 71 .27 08-20-2009 12:38 AM C O U N C I L R E P O RT BY VENDOR NAME - AUGUST 24, 2009 PAGE: 2 VENDOR SORT KEY DATE DESCRIPTI ON FUND DEPARTMENT AMOU NT 8/18/09 FICA W/H General Fund Planning 334. 66 8/18/09 MEDICARE W/H General Fund Planning 78. 26 8/18/09 FICA W/H General Fund Protective Inspections 203. 21 8/18/09 MEDICARE W/H General Fund Protective Inspections 47. 53 8/18/09 FICA W/H General_ Fund City Engineer 172. 83 8/18/09 MEDICARE W/H General Fund City Engineer 40. 42 8/18/09 FICA W/H General Fund Public Works 408. 38 8/18/09 MEDICARE W/H General Fund Public Works 95. 52 8/18/09 FICA W/H General Fund Streets & Roadways 231. 36 8/18/09 MEDICARE W/H General Fund Streets & Roadways 54. 10 8/18/09 FICA W/H General Fund Parks & Recreation 320. 13 8/18/09 MEDICARE W/H General Fund Parks & Recreation 74. 87 8/18/09 FICA W/H Water Utility Water 168. 05 8/18/09 MEDICARE W/H Water Utility Water 39. 31 8/18/09 FICA W/H Sanitary Sewer Uti Sewer 235. 40 8/18/09 MEDICARE W/H Sanitary Sewer Uti Sewer 55. 05 8/18/09 FICA W/H Recycling Utility Recycling 3. 09 8/18/09 MEDICARE W/H Recycling Utility Recycling 0. 73 8/18/09 FICA W/H anagem Stormwater ormwa g 8/18/09 MEDICARE W/H Stormwater Managem Stormwater Management TOTAL: EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC 8/24/09 WARM-LIGHTS PLOW General Fund Public Works TOTAL: EXCELSIOR ENGRAVING 8/24/09 COUNCIL PHOTO NAME PLATE General Fund Council 8/24/09 NAME PLATE -ED HASEK General Fund Council TOTAL: G & K SERVICES 8/24/09 CH SVC General Fund Municipal Buildings 8/24/09 PW SVC General Fund Public Works TOTAL: GRAINGER, INC 8/24/09 LAMPS General Fund Public Works 8/24/09 EDDY STATION General Fund Parks & Recreation 8/24/09 PLUMBING PARTS-PARK General Fund Parks & Recreation 8/24/09 AMESBURY WELL-GARAGE & P.V Water Utility Water TOTAL: HACH COMPANY 8/24/09 CHEMICAL WATER Water Utility ement IQ 11 ter Mana St M Water TOTAL: HAWKINS, INC HENN CTY ELECTIONS HENN CTY INFO TECHNOLOGY DEPT HYDROCAD SOFTWARE SOLUTIONS LLC ICMA RETIREMENT TRUST-302131-457 8/24/09 CHLORINE CYLINDER Water Utility Water TOTAL: 8/24/09 ELECTION POSTAGE General Fund Elections 8/24/09 ELECTION MATERIALS General Fund Elections TOTAL: 8/24/09 JULY 800MHZ RADIO General Fund Public Works TOTAL: 8/24/09 8007U-MAJOR UPDATE Stormwater Managem Stormwater Management TOTAL: 8/18/09 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 44.12 44.12 11 - ion G? 79.49 51.55 ~r nq 121.74 121.74 iG~ nc 172.00 172.00 1,609.60 08-20-2009 ''-2:3B AM C O U N C I L R E P O RT BY VENDOR NAME - AUGUST 24, 2009 PAGE: 3 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMO UNT 8/18/09 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL -----210. 96_ TOTAL: 1,820. 56 INDUSTRIAL CHEM. LABS & SERVICES INC. 8/24/09 L.S. DEGREASER Sanitary Sewer Uti Sewer 697. 19 TOTAL: 697. 19 INTERNATIONAL CODE COUNCIL, INC. 8/24/09 09 GOVT MEMBERSHIP-JOE P. General Fund Protective Inspections 100. 00 TOTAL: 100. 00 KENNEDY & GRAVEN, CHARTERED 8/24/09 GEN RETAINER MATTE General Fund Professional Svcs 1,875. 19 8/24/09 RON JOHNSON MATTERS General Fund Professional Svcs 555. 25 8/24/09 SMITHTOWN LANE PROJECT General Fund Professional Svcs 408. 60 8/24/09 SOUTH SHORE CENTER LEASE General Fund Professional Svcs 66. 00 TOTAL: 2,905. 04 KLM ENGINEERING INC 8/24/09 SE WATER TOWER Water Utility Water 2,300. 00 TOTAL: 2,300. 00 LANDINI, JAMES 8/24/09 AUG WELLNESS REIM General Fund City Engineer 40. 00 TOTAL: 40. 00 LOCAL LINK 8/24/09 SEPT WEBLINK SVC General Fund Municipal Buildings 131. 80 TOTAL: 131. 80 MARTIN MARIETTA AGGREGATES 8/24/09 CIP ROCK Street Capital Imp Street Capt Improvemen 16,058. 23 8/24/09 CIP SEALCOAT Street Capital Imp Street Capt Improvemen 2,859. 18 TOTAL: 18,917. 41 MEDICA 8/24/09 SEPT MEDICAL PREM General Fund Unallocated Expenses 12,861. 57 TOTAL: 12,861. 57 MENARDS 8/24/09 PARK RINK SUPPLIES General Fund Parks & Recreation 79. 50 TOTAL: 79. 50 METRO COUNCIL ENVMT(WASTEWATER) 8/24/09 SEPT WASTEWATER SVC Sanitary Sewer Uti Sewer 48,017. 98 TOTAL: 48,017. 98 METRO SALES, INC. 8/24/09 PRINTER MAINT General Fund Municipal Buildings 623. 00 TOTAL: 623. 00 MIDWEST ASPHALT CORP. 8/24/09 MILL & OVERLAY CIP-PROD 09 Technology Fund TECHNOLOGY FUND 109,864. 49 TOTAL: 109,864. 49 MISC. VENDOR CONNIE OLIVER 8/24/09 GARDEN ART EXP REIM General Fund Parks & Recreation 43. 88 LITTLE BLIND SPOT 8/24/09 INV.# SNS26791-SOLAR SHADE City Bldg Project Equipment Replacement 3,000. 01 MONTAGE ENTERPRISES IN 8/24/09 CLEVIS , PINS, SNOW PLOW General Fund Public Works 72. 94 PPD/PFD E-MAIL NETWORK 8/24/09 SAFETY CAMP BIKE HELMITS General Fund Parks & Recreation 280. 00 TOTAL: 3,396. 83 MN DEPT OF REVENUE 8/18/09 STATE W/H General Fund NON-DEPARTMENTAL 2,151. 85 TOTAL: 2,151. 85 MINN NCPERS GROUP LIFE INS 8/18/09 MONTHLY- ELECT LIFE INS General Fund NON-DEPARTMENTAL 32. 00 TOTAL: 32. 00 NORTHERN WATER WORKS SUP 8/24/09 METER PROJECT Water Utility Water 11,129. 18 08-20-2009 12:38 AM C O U N C = L R E P O RT BY VENDOR NAME - AUGUST 24, 2009 PAGE: VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT NORTHLAND TRUST SERVICES, INC 8/24/09 UTILITY RATE STUDY 8/24/09 UTILITY RATE STUDY Water Utility Water Sanitary Sewer Uti Sewer TOTAL: 1,051.27 1,051.28 PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA 8/18/09 P/R DEDUCTS-PERA QWEST 8/24/09 AUG SVC 8/24/09 AUG SVC SAM'S CLUB SCHWAAB, INC SHOREWOOD TRUE VALUE 8/24/09 CITY HALL 8/24/09 SVC CHRG 8/24/09 PUBLIC WORK 8/24/09 DATER PADS 8/24/09 C.H. HOSE 8/24/09 C.H. STEEL HOOK 8/24/09 PART 8/24/09 PART 8/24/09 PART 8/24/09 PART 8/24/09 STARTER CHORD 8/24/09 BATTERIES 8/24/09 HARDWARE 8/24/09 HERBICIDE 8/24/09 SPRAYER 8/24/09 PAINT 8/24/09 RETURN BOLT 8/24/09 PAINT 8/24/09 ELECTRIC OUTLET 8/24/09 WEED LINE 8/24/09 HARDWARE 8/24/09 PAINT 8/24/09 ELECTRIC-EDDY STATION 8/24/09 BE WELL PLUMBING 8/24/09 BE WELL PLUMB TOTAL: General Fund NON-DEPARTMENTAL General Fund Administration General Fund General Government General Fund Elections General Fund Finance General Fund Planning General Fund Protective Inspections General Fund City Engineer General Fund Public Works General Fund Streets & Roadways General Fund Parks & Recreation Water Utility Water Sanitary Sewer Uti Sewer Recycli ng Utility Recycling Stormwater Managem Stormwater Management TOTAL: Water Utility Water Water Ut ility Water TOTAL: General Fund Municipal Buildings General Fund Municipal Buildings General Fund Public Works TOTAL: General Fund General Government TOTAL: General Fund Municipal Buildings General Fund Municipal Buildings General Fund Public Works General Fund Public Works General Fund Public Works General Fund Public Works General Fund Public Works General Fund Public Works General Fund Public Works General Fund Streets & Roadways General Fund Sanitation/weeds/waste General Fund Parks & Recreation General Fund Parks & Recreation General Fund Parks & Recreation General Fund Parks & Recreation General Fund Parks & Recreation General Fund Parks & Recreation General Fund Parks & Recreation General Fund Parks & Recreation Water Utility Water Water Utility Water 2,102.55 3,002.28 304.59 401.52 7.36 331.78 395.38 243.65 188.84 460.07 257.21 311.70 188.74 262.57 3.37 20.80 6,379.86 315.23 25.44 16.61 191.31 233.36 49.32 49.32 9.57 77.80 15.96 3.72 7.43 15.96 9.05 35.66 3.36 21.44 21.29 26.61 6.70- 51.10 27.86 9.64 2.47 14.45 18.23 24.50 11.50 08-20-2009 12:38 AM Vi;NDOR SORT KEY SO LK MTKA POLICE DEPT SPRINT SUN NEWSPAPERS SUN PATRIOT NEWSPAPERS C O U N C I L R E P O AT BY VENDOR NAME - AUGUST 24, 2009 PAGE: 5 SUPERIOR PAINTING CONTRACTORS, INC THE COLOR CENTER CARPET ONE THREE RIVERS PARK DISTRICT VIKING LAND TREE CARE INC WACONIA FARM SUPPLY WELLS FARGO HEALTH BENEFIT SVCS WM. MUELLER & SONS, INC WOODRUFF, RICHARD WSB AND ASSOCIATES DATE DESCRIPTION FUND DEPARTMENT AMOUNT 8/24/09 WATER SYSTEM PIPE Water Utility Water 14. 99 8/24/09 SMALL TOOLS Sanitary Sewer Uti Sewer 31. 92 TOTAL: 447. 81. 8/24/09 JUL HENN CTY PROCESSING FE General Fund Police Protection _ 113. 96_ TOTAL: 113. 96 8/24/09 PHONE SVC 7/13-8/12 Water Utility Water 91. 76 8/24/09 PHONE SVC 7/13-8/12 Sanitary Sewer Uti Sewer 91. 77 TOTAL: 183. 53 8/24/09 ORD NO. 461 - 08/06 General Fund General Government 35. 75 8/24/09 RES NO. 09-040--08/06 General Fund General Government 32. 18 8/24/09 RES NO. 09-028 - 08/06 General Fund General Government 60. 78 TOTAL: 128. 71 8/24/09 ORD NO. 458 General Fund General Government 55. 13 8/24/09 ORD NO. 461 General Fund General Government 36. 75 8/24/09 ORD NO. 460 General Fund General Government 31. 61 8/24/09 PLANNING COMM MEETING 07/2 General Fund Planning 36. 75 TOTAL: 160. 24 8/24/09 S.S.CTR-PAINTING-DOWN PYMT Southshore Com muni Senior Community Cente 4,550. 00 TOTAL: 4,550. 00 8/24/09 S.S.CTR-DOWN PYMT Southshore Com muni Senior Community Cente 6,843. 00 TOTAL: 6,843. 00 8/24/09 KAYAKING /CRESCENT BEACH General Fund Parks & Recreation 80. 00 TOTAL: 80 .00 8/24/09 TREE SVCS General Fund Tree Maintenance 2,062 .10 TOTAL: 2,062 .10 8/24/09 HARDWARE General Fund Public Works 3 .74 8/24/09 BALLAST General Fund Public Works 19 .23 TOTAL: 22 .97 8/18/09 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 305 .00 TOTAL: 305 .00 8/24/09 JULY ASPHALT ROAD General Fund Streets & Roadways 9,532 .98 TOTAL: 9,532 .98 8/24/09 MILEAGE & EXP REIM General Fund Council 70 .40 TOTAL: 70 .40 8/24/09 JUN GIS SVCS General Fund City Engineer 52 .50 8/24/09 JUN SMITHTOWN LN REHAB Street Capital Imp Street Capt Improvemen 3,938 .75 8/24/09 JUN HARDING LN/AVE REHAB Street Capital Imp Street Capt Improvemen 13,683 .00 8/24/09 JUN RECONST L.S. 412 & 116 Sanitar y Sewer Uti Sewer 273 .00 TOTAL: 17,947 .25 08-20-2009 12:38 AM C O U N C I L R E P O R`I BY VENDOR NAME - AUGUST 24, 2009 VENDOR SORT KEY DATE DESCRIPTION _ FUND PAGE: I "PAYROLL EXPENSES 8/17/2009 - 99/99/9999 General Fund Council General Fund Administration General Fund General Government General Fund Elections General Fund Finance General Fund Planning General Fund Protective Inspections General Fund City Engineer General Fund Public Works General Fund Streets & Roadways General Fund Parks & Recreation Water Utility Water Sanitary Sewer Uti Sewer Recycling Utility Recycling Stormwater Managem Stormwater Management TOTAL: FUND TOTALS 101 General Fund 103,969.52 404 Street Capital Improvemen 36,539.16 408 Technology Fund 109,864.49 410 City Bldg Project Svcs 3,000.01 490 Southshore Community Ctr. 11,740.69 601 Water Utility 18,657.88 611 Sanitary Sewer Utility 54,606.05 621 Recycling Utility 57.07 631 Stormwater ManagementUtil 524.60 GRAND TOTAL: 338,959.47 AMOUNT 1,300.00 4,512.32 6,239.32 109.14 4,915.34 5,857.33 3,609.83 2,797.60 6,815.92 3,810.38 5,537.72 2,795.98 3,889.89 49.88 TOTAL PAGES: 6 08-20-2009 12:48 AM C O U N C I L R E P O RT BY DEPARTMENT - AUGUST 24, 2009 PAGE: 1 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOU NT NON-DEPARTMENTAL General Fund EFTPS - FEDERAL W/H 8/18/09 FEDERAL W/H 4,123. 59 8/18/09 FICA W/H 3,151. 38 8/18/09 MEDICARE W/H 737. 05 PERA 8/18/09 P/R DEDUCTS-PERA 3,002. 28 ICMA RETIREMENT TRUST-302131-457 8/18/09 P/R DEDUCTS-DEFERRED COM 1,609. 60 8/18/09 P/R DEDUCTS-DEFERRED COM 210. 96 MN DEPT OF REVENUE 8/18/09 STATE W/H 2,151. 85 MINN NCPERS GROUP LIFE INS 8/18/09 MONTHLY- ELECT LIFE INS 32. 00 WELLS FARGO HEALTH BENEFIT SVCS 8/18/09 P/R DEDUCTS-HSA 305. 00 TOTAL: 15,323. 71 Council General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 80. 60 8/18/09 MEDICARE W/H 18. 87 CUB FOODS 8/24/09 SCHOOL DIST/CITIES MTG 08/ 90. 16 EXCELSIOR ENGRAVING 8/24/09 COUNCIL PHOTO NAME PLATE 42. 91 8/24/09 NAME PLATE -ED HASEK 9. 65 WOODRUFF, RICHARD 8/24/09 MILEAGE & EXP REIM 70. 40 **PAYROLL EXPENSES 8/17/2009 - 99/99/9999 1,300. 00 TOTAL: 1,612. 59 Administration General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 276. 20 8/18/09 MEDICARE W/H 64. 60 PERA 8/18/09 P/R DEDUCTS-PERA 304. 59 **PAYROLL EXPENSES 8/17/2009 - 99/99/9999 4,512. 32 TOTAL: 5,157. 71 General Government General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 386. 84 8/18/09 MEDICARE W/H 90. 47 PERA 8/18/09 P/R DEDUCTS-PERA 401. 52 SUN PATRIOT NEWSPAPERS 8/24/09 ORD NO. 458 55. 13 8/24/09 ORD NO. 461 36. 75 8/24/09 ORD NO. 460 31. 61 SUN NEWSPAPERS 8/24/09 ORD NO. 461 - 08/06 35. 75 8/24/09 RES NO. 09-040--08/06 32. 18 8/24/09 RES NO. 09-028 - 08/06 60. 78 SCHWAAB, INC 8/24/09 DATER PADS 49. 32 **PAYROLL EXPENSES 8/17/2009 - 99/99/9999 6,239. 32 TOTAL: 7,419. 67 Elections General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 6. 77 8/18/09 MEDICARE W/H 1. 58 PERA 8/18/09 P/R DEDUCTS-PERA 7. 36 HENN CTY ELECTIONS 8/24/09 ELECTION POSTAGE 157. 05 8/24/09 ELECTION MATERIALS 279. 51 **PAYROLL EXPENSES 8/17/2009 - 99/99/9999 109. 14 TOTAL: 561. 41 Finance General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 304. 75 8/18/09 MEDICARE W/H 71. 27 PERA 8/18/09 P/R DEDUCTS-PERA 331. 78 **PAYROLL EXPENSES 8/17/2009 - 99/99/9999 4,915. 34 TOTAL: 5,623. 14 Professional Svcs General Fund KENNEDY & GRAVEN, CHARTERED 8/24/09 GEN RETAINER MATTE 1,875. 19 8/24/09 RON JOHNSON MATTERS 555. 25 8/24/09 SMITHTOWN LANE PROJECT 408. 60 08-20-2009 12:48 AM C O U N C I L R E P 0 RT BY DEPARTMENT - AUGUST 24, 2009 PAGE: 2 DEPARTMENT FUND V_..__,._ "'EE DATE P°S(-_ T^"i AMOUNT, 8/24/09 SOUTH SHORE CENTER LEASE 66.00 TOTAL: 2,905.04 Planning General Fund Municipal Buildings General Fund EFTPS - FEDERAL W/H PERA SUN PATRIOT NEWSPAPERS —PAYROLL EXPENSES CULLIGAN BOTTLED WATER G & K SERVICES ADVANCED IMAGING SOLUTIONS INC METRO SALES, INC. LOCAL LINK SAM'S CLUB SHOREWOOD TRUE VALUE Police Protection General Fund SO LK MTKA POLICE DEPT Protective Inspections General Fund City Engineer Public Works EFTPS - FEDERAL W/H PERA INTERNATIONAL CODE COUNCIL, INC —PAYROLL EXPENSES General Fund EFTPS - FEDERAL W/H PERA ARBORETUM EDUCATION OFFICE LANDINI, JAMES WEB AND ASSOCIATES **PAYROLL EXPENSES 8/18/09 FICA W/H 334. 66 8/18/09 MEDICARE W/H 78. 26 8/18/09 P/R DEDUCTS-PERA 395. 38 8/24/09 PLANNING COMM MEETING 07/2 36. 75 8/17/2009 - 99/99/9999 5,857. 33 TOTAL: 6,702. 38 8/24/09 DRINKING WATER SVC 30. 11 8/24/09 CH SVC 120. 62 8/24/09 MAINT 07/06-08/06 264. 00 8/24/09 PRINTER MAINT 623. 00 8/24/09 SEPT WEBLINK SVC 131. 80 8/24/09 CITY HALL 25. 44 8/24/09 SVC CHRG 16. 61 8/24/09 C.H. HOSE 9. 57 8/24/09 C.H. STEEL HOOK 77. 80 TOTAL: 1,298. 95 8/24/09 JUL HENN CTY PROCESSING FE 113. 96 TOTAL: 113. 96 8/18/09 FICA W/H 203. 21 8/18/09 MEDICARE W/H 47. 53 8/18/09 P/R DEDUCTS-PERA 243. 65 8/24/09 09 GOVT MEMBERSHIP-JOE P. 100. 00 8/17/2009 - 99/99/9999 3,609. 83 TOTAL: 4,204. 22 8/18/09 FICA W/H 172. 83 8/18/09 MEDICARE W/H 40. 42 8/18/09 P/R DEDUCTS-PERA 188. 84 8/24/09 JAMES LANDINI 60. 00 8/24/09 BRAD NIELSEN 60. 00 8/24/09 CHRIS LIZEE 60. 00 8/24/09 AUG WELLNESS REIM 40. 00 8/24/09 JUN GIS SVCS 52. 50 8/17/2009 - 99/99/9999 2,797. 60 TOTAL: 3,472. 19 General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 408. 38 8/18/09 MEDICARE W/H 95. 52 PERA 8/18/09 P/R DEDUCTS-PERA 460. 07 BOYER TRUCK PARTS DISTRIBUTION CTR. 8/24/09 BRAKE PARTS 143. 24 CARQUEST AUTO PARTS 8/24/09 OIL FILTERS 118. 79 8/24/09 STARTER 113. 48 8/24/09 OIL FILTERS 27. 55 8/24/09 PAINT SUPPLIES 28. 66 CATCO PARTS AND SERVICE 8/24/09 CALBE JETTER 85. 16 CHECKPOINT SECURITY SYSTEMS, INC. 8/24/09 FIRE MONITOR PW-08/09-07/1 240. 00 8/24/09 ANNUAL FIRE CHECK -08/09-0 125. 00 G & K SERVICES 8/24/09 PW SVC 860. 87 MISC. VENDOR MONTAGE ENTERPRISES IN 8/24/09 CLEVIS , PINS, SNOW PLOW 72. 94 HENN CTY INFO TECHNOLOGY DEPT 8/24/09 JULY 800MHZ RADIO 32. 00 08-20-2009 12::I8 AM C O U N C I L R E P O RT BV DEPARTMENT - AUGUST 24, 2009 PAGE: 3 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMOU NT SAM'S CLUB 8/24/09 PUBLIC WORK 191. 31 SHOREWOOD TRUE VALUE 8/24/09 PART 15. 96 8/24/09 PART 3. 72 8/24/09 PART 7. 43 8/24/09 PART 15. 96 8/24/09 STARTER CHORD 9. 05 8/24/09 BATTERIES 35. 66 8/24/09 HARDWARE 3. 36 WACONIA FARM SUPPLY 8/24/09 HARDWARE 3. 74 8/24/09 BALLAST 19. 23 GRAINGER, INC 8/24/09 LAMPS 79. 49 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC 8/24/09 WARM-LIGHTS PLOW 44. 12 -PAYROLL EXPENSES 8/17/2009 - 99/99/9999 6,815. 92 TOTAL: 10,056 .61 Streets & Roadways General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 231 .36 8/18/09 MEDICARE W/H 54 .10 PERA 8/18/09 P/R DEDUCTS-PERA 257 .21 WM. MUELLER & SONS, INC. 8/24/09 JULY ASPHALT ROAD 9,532 .98 SHOREWOOD TRUE VALUE 8/24/09 HERBICIDE 21 .44 -PAYROLL EXPENSES 8/17/2009 - 99/99/9999 3,810 .38 TOTAL: 13,907 .47 Sanitation/Weeds/Waste General Fund SHOREWOOD TRUE VALUE 8/24/09 SPRAYER _ 21 .29 TOTAL: 21 .29 Tree Maintenance General Fund VIKING LAND TREE CARE INC 8/24/09 TREE SVCS 2,062 .10 TOTAL: 2,062 .10 Parks & Recreation General Fund EFTPS - FEDERAL W/H 8/18/09 FICA W/H 320 .13 8/18/09 MEDICARE W/H 74 .87 PERA 8/18/09 P/R DEDUCTS-PERA 311 .70 ANDERSON, KRISTI B. 8/24/09 SHWD PARK MTG 08/11/09 170 .00 COMMUNITY REC RESOURCES 8/24/09 PARK 07/27-08/14 3,105 .00 8/24/09 SAFETY CAMP EXP REIM 54 .41 MISC. VENDOR CONNIE OLIVER 8/24/09 GARDEN ART EXP REIM 43 .88 PPD/PFD E-MAIL NETWORK 8/24/09 SAFETY CAMP BIKE HELMITS 280 .00 MENARDS 8/24/09 PARK RINK SUPPLIES 79 .50 SHOREWOOD TRUE VALUE 8/24/09 PAINT 26 .61 8/24/09 RETURN BOLT 6 .70- 8/24/09 PAINT 51 .10 8/24/09 ELECTRIC OUTLET 27 .86 8/24/09 WEED LINE 9 .64 8/24/09 HARDWARE 2 .47 8/24/09 PAINT 14 .45 8/24/09 ELECTRIC-EDDY STATION 18 .23 GRAINGER, INC 8/24/09 EDDY STATION 51 .55 8/24/09 PLUMBING PARTS-PARK 56 .09 THREE RIVERS PARK DISTRICT 8/24/09 KAYAKING /CRESCENT BEACH 80 .00 —PAYROLL EXPENSES 8/17/2009 - 99/99/9999 5,537 .72 TOTAL: 10,308 .51 Unallocated Expenses General Fund MEDICA 8/24/09 SEPT MEDICAL PREM 12,861 .57 AFSCME CO 5 MEMBERS HEALTH FUND 8/24/09 SEPT UNION DENTAL PREM 357 .00 TOTAL: 13,218 .57 08-20-2009 12:48 ATM.- C O U N C I L R E P O RT BY DEPARTMENT - AUGUST 24, 2009 PAGE: 4 DEPAR'. PUND VENDOR NAME _ DATE DESCRIPTION AMOU NT Street Capt Improvemen Street Capital Imp MARTIN MARIETTA AGGREGATES 8/24/09 CIP ROCK 16,058. 23 8/24/09 CIP SEALCOAT 2,859. 18 WSB AND ASSOCIATES 8/24/09 JUN SMITHTOWN LN REHAB 3,938. 75 8/24/09 JUN HARDING LN/AVE REHAB 13,683. 00 TOTAL: 36,539. 16 TECHNOLOGY FUND Technology Fund MIDWEST ASPHALT CORP. 8/24/09 MILL & OVERLAY CIP-PROD 09 109,864. 49 TOTAL: 109,864. 49 Equipment Replacement City Bldg Project MISC. VENDOR LITTLE BLIND SPOT 8/24/09 INV.# SNS26791-SOLAR SHADE 3,000. 01 TOTAL: 3,000. 01 Senior Community Cente Southshore Communi ANDERSON, KRISTI B. 8/24/09 S.S.CTR - SUPPLIES REIM 74. 19 COMMUNITY REC RESOURCES 8/24/09 08/03-08/-14 CRR W/ S.S.CT 240. 00 CULLIGAN BOTTLED WATER 8/24/09 S.S. CENTER WA SOFTNER 33. 50 SUPERIOR PAINTING CONTRACTORS, INC. 8/24/09 S.S.CTR-PAINTING-DOWN PYMT 4,550. 00 THE COLOR CENTER CARPET ONE 8/24/09 S.S.CTR-DOWN PYMT 6,843. 00 TOTAL: 11,'740. 69 Water Water Utility EFTPS - FEDERAL W/H 8/18/09 FICA W/H 168. 05 8/18/09 MEDICARE W/H 39. 31 PERA 8/18/09 P/R DEDUCTS-PERA 188. 74 HAWKINS, INC. 8/24/09 CHLORINE CYLINDER 45. 00 KLM ENGINEERING INC 8/24/09 SE WATER TOWER 2,300. 00 SPRINT 8/24/09 PHONE SVC 7/13-8/12 91. 76 NORTHERN WATER WORKS SUP 8/24/09 METER PROJECT 11,129. 18 NORTHLAND TRUST SERVICES, INC. 8/24/09 UTILITY RATE STUDY 1,051. 27 SHOREWOOD TRUE VALUE 8/24/09 SE WELL PLUMBING 24. 50 8/24/09 SE WELL PLUMB 11. 50 8/24/09 WATER SYSTEM PIPE 14. 99 QWEST 8/24/09 AUG SVC 315. 23 8/24/09 AUG SVC 236. 43 GRAINGER, INC 8/24/09 AMESBURY WELL-GARAGE & P.V 124. 20 HACH COMPANY 8/24/09 CHEMICAL WATER 121. 74 **PAYROLL EXPENSES 8/17/2009 - 99/99/9999 2,795. 98_ TOTAL: 18,657. 88 Sewer Sanitary Sewer Uti EFTPS - FEDERAL W/H 8/18/09 FICA W/H 235. 40 8/18/09 MEDICARE W/H 55. 05 PERA 8/18/09 P/R DEDUCTS-PERA 262. 57 METRO COUNCIL ENVMT(WASTEWATER) 8/24/09 SEPT WASTEWATER SVC 48,017. 98 SPRINT 8/24/09 PHONE SVC 7/13-8/12 91. 77 NORTHLAND TRUST SERVICES, INC. 8/24/09 UTILITY RATE STUDY 1,051. 28 SHOREWOOD TRUE VALUE 8/24/09 SMALL TOOLS 31. 92 WSB AND ASSOCIATES 8/24/09 JUN RECONST L.S. 412 & 116 273. 00 INDUSTRIAL CHEM. LABS & SERVICES INC. 8/24/09 L.S. DEGREASER 697. 19 **PAYROLL EXPENSES 8/17/2009 - 99/99/9999 3,889. 89 TOTAL: 54,606. 05 Recycling Recycling Utility EFTPS - FEDERAL W/H 8/18/09 FICA W/H 3. 09 8/18/09 MEDICARE W/H 0. 73 PERA 8/18/09 P/R DEDUCTS-PERA 3. 37 08-20-2009 12:48 AM C O U N C I L R E P 0 RT BY DEPARTMENT - AUGUST 24, 2009 PAGE: 5 DEPARTMENT FUND VENDOR NAME DATE DESCRIPTION AMO UNT -*PAYROLL EXPENSES 8/17/2009 - 99/99/9999 49 .88 TOTAL: 57 .07 Stormwater Management Stormwater Managem EFTPS - FEDERAL W/H 8/18/09 FICA W/H 19 .11 8/18/09 MEDICARE W/H 4 .47 PERA 8/18/09 P/R DEDUCTS- PERA 20 .80 HYDROCAD SOFTWARE SOLUTIONS LLC 8/24/09 8007U-MAJOR UPDATE 172 .00 -PAYROLL EXPENSES 8/17/2009 - 99/99/9999 308 .22 TOTAL: 524 .60 FUND TOTALS - - - - - 101 General Fund 103,969 .52 404 Street Capital Improvemen 36,539 .16 408 Technology Fund 109,864 .49 410 City Bldg Project Svcs 3,000 .01 490 Southshore Community Ctr. 11,740 .69 601 Water Utility 18,657 .88 611 Sanitary Sewer Utility 54,606 .05 621 Recycling Utility 57 .07 631 Stormwater ManagementUtil 524 .60 GRAND TOTAL: 338,959.47 TOTAL PAGES: 5 Background / Previous Action At its 10 August meeting, the City Council directed staff to prepare a resolution appointing Ric Rosow as an Administrative Hearing Officer for the City of Shorewood. A draft resolution is included in your packet. Options Adopt, deny, or modify the resolution. Staff Recommendation Adopt the resolution Council Action: CITY OF S O EWOO SOLUTION NO. 9- A SOLUTION APPOINTING ANADMINISTRATIVE ENFORCEMENT HEARING OFFICER WHEREAS, the City of Shorewood has adopted an ordinance establishing Administrative Enforcement of Code Regulations (Ordinance No. 458), which includes a procedure for appealing citations written pursuant to the Code; and WHEREAS, Ordinance No. 458 provides for the appointment of an Administrative Hearing Officer to conduct hearings pursuant to the Code; and WHEREAS, the duties of the Administrative Hearing Officer include the following: 1. Conduct hearings relative to violations of the Shorewood City Code. 2. Uphold or dismiss citations or reduce, stay, or waive the civil penalty imposed with the citation. 3. Render written decisions relative to cases heard to the City Council. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby appoints Richard F. Rosow as and Administrative Hearing Officer for the City of Shorewood. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to enter into a letter of understanding with Richard F. Rosow, setting forth the terms under which he will operate as an Administrative Hearing Officer. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 2009. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK a Department Council Meeting Item Number Administration August 24, 2009 From: Brian Heck, City Administrator Cc: Larry Brown, Director of Public Works Date: August 17, 2009 Description: Request from the Three Rivers Park District for the City's 2009-2010 permitted winter use of the Lake Minnetonka LRT Regional Trail (formerly the Southwest LRT Regional Trail) Background / Previous Action Three Rivers Park District manages the Regional Trail Corridor. The Lake Minnetonka LRT Regional Trail (formerly named the Southwest LRT Regional Trail) runs through the Shorewood community. The Three Rivers Park District requires that cities maintain the Trail during the winter (November 15 through March 31) for specific activities listed on their Winter Use Permit. Staff has prepared the 2009-2010 Winter Use Permit application with the following activities being identified as allowable during the winter within the Shorewood portion of the Regional Trail: hiking, biking, snowshoeing, cross-country skiing, pet walking, and horseback-riding. These activities remain unchanged from last year. Three Rivers Park District is named on the City's general liability insurance certificate. Staff Recommendation Staff recommends that the City Council authorize the submission of the Winter Use Permit for 2009-2010 to Three Rivers Park District, as prepared by staff. Council Action: DATE: August 7, 2009 FROM: Margie Walz, Associate Superintendent Division of Parks and Natural Resources SUBJ; Regional Trails - 2009-2010 Winter Trail Activities Permit PLEASE RESPOND TO THIS REQUEST BY SEPTEMBER 18, 2009 Enclosed is a copy of the 2009-2010 Winter Use Permit request form for regional trail segments located within your community. Please determine the level of winter use you are requesting, fill out the application form and follow the procedures outlined below. If your community does not plan to authorize any winter use activities, please indicate (none) in the box at the top of the permit and return it. The Winter Use Permit ultimately authorizes your City to utilize the section of trail for the use you request. Permitted activities are determined by individual communities, contingent upon approval from the Park District's Board of Commissioners. An updated Certificate of Insurance, naming Three Rivers Park District as an additional named insured, should be submitted with the permit application. Coverage will need to show inclusive dates from November 15, 2009 and March 31, 2010. Please include proposed rules and regulations for winter use, as well. Permit requests should be submitted to Janet Haben, Administrative Assistant, and include verification of formal City Council action approving the proposed activities to copy of appropriate meeting minutes). Some cities have elected to pass board motions authorizing multi-year Winter Trail Activities Permit applications. This is completely acceptable to the Park District and may save you administrative time. If your city has already pre-authorized multi- years, please submit an updated Winter Use Permit and Certificate of Insurance. If you have questions regarding this, please contact me at 763/559-6746. Thank you. c: Boe Carlson, Associate Superintendent of Administration Brian Brown, Senior Manager of Parks and Trails Maintenance Jonathan Vlaming, Senior Manager of Planning 3000 Xenium Lane N., Plymouth, MN 55441 Phone: 763/559-9000 Fax: 763/559-3287 1. The City agrees to defend, indemnify, and hold harmless the Park District, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its respective contractors, anyone directly or indirectly employed by the, and/or anyone for whose acts and/or omissions they may be liable for related to the winter use of the Regional Trail Corridor. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The City cannot be required to pay on behalf of itself and Three Rivers Park District, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466. If City maintains general liability insurance at the time this permit is issued, City shall provide the Park District with a Certificate of Insurance, naming Three Rivers Park District as an additional named insured. 3. The City will provide signage at locations approved by the Park District, notifying the public of authorized winter activities within its city limits; activities may include, but are not limited to, hiking, biking, cross-country skiing, snowshoeing, or pet walking. Winter use signs must be installed by the City at designated locations prior to November 15, 2009 and removed by the City no later than April 15, 2010. These signs are totally the responsibility of each municipality. 4. Snowmobiling is not allowed on Park District regional trails. Permitted use for snowmobiles will be limited to direct crossings only. The Hennepin County Regional Railroad Authority (HCRRA) does not allow snowmobiling or other motorized use within its corridors. The Lake Minnetonka LRT Regional Trail, Minnesota River Bluffs LRT Regional Trail, and the Dakota Rail Regional Trail are located on HCRRA corridor property and permission for a snowmobiling crossing of either corridor must be obtained from the HCRRA prior to requesting permission from the Park District for a snowmobile crossing of the regional trail within the corridor. If a snowmobile crossing is permitted, cities must take steps to keep snowmobiles from damaging paved trails, bridges and other property. 5. The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. 6. The City agrees to repair all trail surface damage that occurs as a result of winter trail activities and/or maintenance, including, but not limited to, bituminous/concrete repair, bridge deck repair, grading or adding aggregate pursuant to guidelines established by the Park District. 7. The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 18, 2009, after which the Park District may take up to 45 business days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Regional Trail Corridor where municipalities do not request and receive permits. The Park District reserves~tlYi~?right to terminate a permit at any time, if the conditions set forth herein are not fotowe~ Signed: Date: Title: (Authorized Representative of the City) I Department: Planning Council ME '-ing: 8/24/09 Item Number: From: Brad Nielsen, Planning Director Item Description: Resolution Approving Amended Declaration ® Gideon Cove Background / Previous Action At its 10 August regular meeting, the Council directed staff to prepare a resolution approving an amended and restated declaration for the Gideon Cove PUD. The draft resolution is included in your packet with a final draft of the declaration. Please note that the City Attorney added two items to the declaration: 1) paragraph 17.5; and 2) a signature line for the City. Options Adopt the resolution, deny the resolution or revise the resolution. Staff Recommendation Adopt the resolution. Council Action: - J- U-_ - IN N A RESOLUTION APPROVING ANAMENDED AN STATE DECLARATION F GI E N COVE WHEREAS, a final plat was approved by the City of Shorewood in 1992 for a Planned Unit Development (PUD) known as Gideon Cove; and WHEREAS, Shorewood Resolution No. 51-92, approving the final plat for Gideon Cove and authorized the Mayor to enter into a Planned Unit Development Agreement, which was executed on 8 September 1992; and WHEREAS, the Planned Unit Development Agreement stipulated that the City would be a signatory to the Declaration of Covenants Conditions and Restrictions for Gideon Cove; and WHEREAS, the Gideon Cove Homeowners Association, Inc. proposes to adopt an Amended and Restated Declaration, which allows the Association to "opt-in" to provisions of the Minnesota Common Interest Ownership Act, thereby enjoying the advantages therein; and WHEREAS, the Amended and Restated Declaration was considered by the City Council at its 10 August 2009 regular meeting, at which time comments and reports were considered by the City Planning Director and the City Attorney; and WHEREAS, the City Council has determined that the City's interests in the Gideon Cove PUD, are preserved in the Amended and Restated Declaration; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The Gideon Cove Amended and Restated Declaration, dated 25 August 2009, is hereby approved. 2. The Mayor is hereby authorized to execute the Amended and Restated Declaration, attached hereto and made a part hereof, on behalf of the City Council. 3. The Amended and Restated Declaration shall be recorded with the Hennepin County Recorder within 30 days of the date of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 2009. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK COMMON INTEREST COMMUNITY NUMBER 1941 A Planned Community GIDEON COVE AMENDED AND RESTATED DECLARATION -)F CONTENTS SECTION 1 DEFINITIONS., - - -2- SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES -3- SECTION 3 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS -5- SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS..... -6- SECTION 5 ADMINISTRATION -6- SECTION 6 ASSESSMENTS FOR COMMON EXPENSES -8- SECTION 7 RESTRICTIONS ON USE OF PROPERTY -11- SECTION 8 ARCHITECTURAL CONTROL -14- SECTION 9 MAINTENANCE -15- SECTION 10 PARTY WALLS -16- SECTION 11 INSURANCE -18- SECTION 12 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN -20- SECTION 13 EASEMENTS -21- SECTION 14 COMPLIANCE AND REMEDIES -23- SECTION 15 AMENDMENTS -26- SECTION 16 RIGHTS OF ELIGIBLE MORTGAGEES -26- SECTION 17 MISCELLANEOUS -28- COM 1 EST C _,NIT Y NU_ -941 A Planned. C `ty OI EON COVE AMENDED AN STATE DECLARATION This Amended and Restated Declaration ("Declaration") is made in the County of Hennepin, State of Minnesota, on this 25th day of August, 2009, by the Owners of the Lots within the Gideon Cove Homeowners Association, Inc., a Minnesota non-profit corporation (hereinafter the "Association") to which at least ninety (90%) percent of the votes of the Membership of the Association are allocated, for the purposes of electing to become subject to the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B. WHEREAS, a Declaration of Covenants, Conditions and Restrictions for Gideon Cove dated September 8, 1992, filed January 15, 1993 in the Office of the Hennepin County Recorder as Document No. 6025401 and in the Office of the Hennepin County Registrar of Titles as Document No. 2333633, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Gideon Cove, dated April 7, 1993, filed in the Office of the Hennepin County Recorder as Document No. 6065768 and in the Office of the Hennepin County Registrar of Titles as Document No. 2365372 and that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Gideon Cove, dated May 8, 1997, filed in the Office of the Hennepin County Recorder as Document No. 6740349 and also filed in the Office of the Hennepin County Registrar of Titles ("Original Declaration"); and WHEREAS, the Association desires to subject itself to the provisions of the Minnesota Common Interest Ownership Act (hereinafter the "Act"), pursuant to section 515B.1-102(d); and WHEREAS, this Declaration and any subsequent amendments shall from hereinafter govern the real property which is legally described as: See attached Exhibit A ("Property"). Each Unit's Unit Identifier is its lot and block number and the subdivision name and the Original Declaration shall be void and no longer applicable to the real estate; and WHEREAS, at least ninety (90%) percent of the Lot Owners have consented and duly adopted this instrument as required under the Original Declaration as affirmed and evidenced by the affidavit of the Secretary of the Association, attached hereto as Exhibit D and made a part hereof. NOW, THEREFORE, the Association makes this Declaration and the Owners are thereby deemed to submit the Property to the Act as a planned community under the name "Gideon Cove" consisting of the Units described in Section 2. The Association further declares that this Declaration shall constitute covenants which run with the Property, and the Property shall hereafter be owned, transferred, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. SECTION I DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 "Association" shall mean Gideon Cove Homeowners Association, Inc., a Minnesota non-profit corporation which is governed pursuant to Chapter 317A of the laws of the State of Minnesota and Minnesota Statutes Section 5158.3-101, whose members consist of all Owners as defined herein. 1.2 "Board" shall mean the Board of Directors of the Association as provided for in the Bylaws. 1.3 "Bylaws" shall mean the Amended and Restated Bylaws of the Association dated June 15, 2005, as amended or restated or any other subsequent bylaws governing the operation of the Association, as amended from time to time. 1.4 "Common Elements" shall mean all parts of the Property except the Units, including all improvements thereon, owned by the Association for the common benefit of the Owners and Occupants. The Common Elements are legally described in Exhibit C attached hereto. 1.5 "Common Expenses" shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in the Declaration or Bylaws. 1.6 "Dwelling" shall mean a part of a building consisting of one or more floors, designed and intended for occupancy as a single family residence, and located within the boundaries of a Unit. The Dwelling includes any garage attached thereto or otherwise included within the boundaries of the Unit in which the Dwelling is located. 1.7 "Eligible Mortgagee" shall mean a person or entity owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages which affect the Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.8 "Governing Documents" shall mean this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. -2- 1. "Member" shall can all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.10 "Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Unit. 1.11 "Owner" shall mean a Person who owns a Unit, but excluding contract for deed vendors, mortgagees and other secured parties within the meaning of Section 515B.1-103(29) of the Act. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.12 "Party Wall" shall mean the shared wall between two Dwellings. 1.13 "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property. 1.14 "Plat" shall mean the recorded plat depicting the Property pursuant to the requirements of Section 515B.2-110(d) of the Act, and satisfying the requirements of Mirulesota Statutes Chapter 505, 508 or 508A, as applicable, including any amended or supplemental Plat recorded from time to time in accordance with the Act. 1.15 "Property" as previously set forth above shall mean all of the real property submitted to this Declaration, including the Dwellings and all other structures and improvements located thereon now and in the future. 1.16 "Rules and Regulations" shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.6. 1.17 "Unit' shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including all improvements thereon, but excluding the Common Elements. Any terms used in the Governing Documents, and defined in the Act and not in this Section, shall have the meanings set forth in the Act. SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES 2.1 Units. There are twelve (12) Units, all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. No additional Units may be -3- created by the subdivision or conversion of Units pursuant to Section 51513.2-112 of the Act. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated herein by reference, and a schedule of Units is set forth on Exhibit B. The Unit identifier for a Unit shall be its lot and block numbers and the subdivision name. 2.2 Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the Plat. The Units shall have no upper or lower boundaries. Subject to this Section 2 and Section 3.2., all spaces, walls, and other improvements within the boundaries of a Unit are a part of the Unit. 2.3 Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street or highway on or across the Common Elements as shown on the Plat, subject to any restrictions set forth in the Declaration. 2.4 Use and Enjoyment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by the Declaration. 2.5 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance, repair and replacement as described in Section 13. 2.6 Encroachment Easements. Each Unit shall be subject to and shall be the beneficiary of the appurtenant easements for encroachments as described in Section 13. 2.7 Dock Easements. Dock easements are more particularly described in Section 13.5 below. 2.8 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 2.9 Easements are Appurtenant. All easements and similar rights burdening or benefiting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the Act or the terms of the easement. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 2.10 Impairment Prohibited. No person shall materially restrict or impair any easement benefiting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property. -4- - 7 3 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 3.1 Common Elements. The Common Elements and their characteristics are as follows: a. All of the Property not included within the Units constitutes Common Elements. The Common Elements include those parts of the Property described in Exhibit C or designated as Common Elements on the Plat or in the Act. The Common Elements are owned by the Association for the benefit of the Owners and Occupants. b. The Common Elements shall be subject to certain easements as described in Section 2, and to the rights of Owners and Occupants in Limited Common Elements appurtenant to their Units. C. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance, repair, replacement, management and operation of the Corm-non Elements shall be assessed and collected from the Owners in accordance with Section 6. 3.2 Limited Common Elements. The Limited Common Elements are those parts of the Common Elements reserved for the exclusive use of the Owners and Occupants of the Units to which they are allocated, and the rights to the use and enjoyment thereof are automatically conveyed with the conveyance of such Units. The Limited Common Elements are described and allocated to the Units as follows: a. Chutes, flues, ducts, pipes, wires, conduit or other utility installations, bearing walls, bearing columns, or any other components or fixtures lying partially within and any partially outside the boundaries of a Unit, and serving only that Unit, are allocated to the Unit they serve. Any portion of such installations serving or affecting the function of more than one Unit or any portion of the Common Elements is a part of the Common Elements, but is not a Limited Common Element. b. Improvements such as decks, patios, balconies, shutters, awnings, window boxes, doorsteps, stoops, periineter doors and windows, constructed as part of the original construction to serve a single Unit, and authorized replacements and modifications thereof, if located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. -5- SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AN OBLIGATIONS Membership in the Association and the allocation to each Unit of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall not increase the voting rights allocated to such Unit nor authorize the division of the voting rights. 4.2 Voting and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units; except that special allocations of Common Expenses shall be permitted as provided in Section 6.1. 4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents and the Act. 4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association; provided, that if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully described in Section 3 of the Bylaws. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents, the Rules and Regulations, and the Act. The Association shall, subject to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for the operation, management and control of the Property. The Association shall have all powers described in the Governing Documents, the Act and the statute under which it is -6- incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents or the Act. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. 5.2 Operational Purposes. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible and (iii) preserving the value and architectural uniformity and character of the Property. 5.3 Binding Effect of Actions. All agreements and detenminations made by the Association in accordance with the powers and voting rights established by the Governing Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties as defined in the Act. 5.4 Bylaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association. 5.5 Management. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by the Governing Documents and the Act; provided, however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. 5.6 Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 5.7 Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus remaining after payment of or provision for Connmon Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. -7- SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1 General. Assessments for Common Expenses shall be determined and assessed against the Units by the Board, in its discretion; subject to the limitations set forth in Section 6.2 regarding annual assessments, Section 6.3 regarding special assessments, and the requirements of Section 8.1 of the Bylaws. Assessments for Common Expenses shall include annual assessments and may include special assessments. Assessments shall be allocated among the Units according to the Common Expense allocations set forth in Section 4.2, subject to the following qualifications: a. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Conurion Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost with respect to each Unit. b. Any Common Expense or portion thereof benefiting fewer than all of the Units may be assessed exclusively against the Units benefited, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. C. The costs of insurance may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. d. Reasonable attorneys' fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of the Governing Documents, the Act, or the Rules and Regulations, against an Owner or Occupant or his or her guests, may be assessed against the Owner's Unit. e. Fees, charges, late charges, fines and interest may be assessed as provided in Section 14. £ Assessments levied under Section 51513.3-116 of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their Common Expense liabilities. g. If any damage to the Common Elements or another Unit is caused by the act or oinission of any Owner or Occupant, or his or her guests, the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance. -8- h. If any installment of an assessment becomes more than thirty (30) days past due, then the Association may, upon ten (10) days written notice of the Owner, declare the entire amount of the assessment immediately due and payable in full. r. In the event Common Expense liabilities are reallocated for any purpose authorized by the Act, Common Expense assessments and any installments thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. j. Assessments under Subsections 6.1 a through h shall not be considered special assessments as described in Section 6.3. 6.2 Annual Assessments. Annual assessments shall be established and levied by the Board, subject only to the limitations set forth in Section 6.3. Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a separate reserve sufficient to cover the periodic cost of maintenance, repair and replacement of the Common Elements and those parts of the Units for which the Association is responsible. Notwithstanding anything to the contrary, the maximum annual assessment may be increased by the Board each year by not more than ten (10%) above the maximum annual assessment for the previous year without a majority vote of the membership at a meeting duly called for the purpose of such vote. 6.3 Special Assessments. In addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy in any assessment year a special assessment against all Units for the purpose of defraying in whole or in part (i) the cost of any foreseen or unbudgeted Common Expense, (ii) general or specific reserves for maintenance, repair or replacement, and (iii) the maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto. Notwithstanding the foregoing, any special assessment shall be subject to approval by the vote of a majority of those Owners voting, in person or by proxy, at an annual meeting or at a meeting called for that purpose. Written notice of the meeting shall be sent to all Owners as described in the Bylaws. 6.4 Liability of Owners for Assessments. The obligation of an Owner to pay assessments shall commence at the later of (i) the time at which the Owner acquires title to the Unit, or (ii) the due date of the first assessment levied by the Board, subject to the alternative assessment program described in Section 6.6. The Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and unconditional. No Owner is exempt from liability for payment of his or her share of Common Expenses by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in Section 14, in addition to any remedies provided elsewhere in the -9- Governing Documents, the Rules and Regulations, or by law, for the purpose of enforcing its rights hereunder. Except as otherwise specifically set forth herein, the rate of assessment shall be uniform or equal for all Units. 6.5 Assessment Lien. The Association has a lien on a Unit for any assessment levied against that Unit from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association pursuant to Section 515B.3-102(a)(10), (11) and (12) of the Act are liens, and are enforceable as assessments, under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. 6.6 Foreclosure of Lien; Remedies. A lien for Common Expenses may be foreclosed against a Unit under the laws of the State of Minnesota (i) by action, or (ii) by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Unit. 6.7 Lien Priority; Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Unit, and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, if (i) a first mortgage on a Unit is foreclosed, (ii) the first mortgage was recorded on or after June 1, 1994, and (iii) no Owner redeems during the Owner's period of redemption provided by Chapters 580, 581, or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses levied pursuant to Sections 51513.3-115(a), (h)(1) to (3), (i), and (1) of the Act which became due, without acceleration, during the six months immediately preceding the first day following the end of the Owner's period of redemption. 6.8 Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. -10- SE, "I -kr7 RESTRICTIONS ON USE OF PROPERTY All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: 71 General. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns. 7.2 Subdivision Prohibited. Except as permitted by the Act, no Unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. 7.3 Residential Use. The Units and the Common Elements shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient, hotel, core nercial, business or other non-residential purposes, except as provided in Section 7.4. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than seven (7) days, or any occupancy which includes any services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.4 Business Use Restricted. No business, trade, occupation or profession of any kind whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees, and (ii) the Association may maintain offices on the Property for management and related purposes. 7.5 Leasing. ]Leasing of Units shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit may be subleased, (iii) that all leases shall be in writing, and (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules and Regulations and the Act, and (v) that any failure of the lessee to comply -11- with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. 7.6 Parking. a. General. Garages and parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized in writing by the Association. The use of garages, driveways and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property. b. Ownership of each Unit shall entitle the owner or owners thereof to the exclusive use, subject to the rights of the Association, to that driveway area lying on the Common Elements between said Owner's Unit and the public right of way, except that parking of automobiles is expressly prohibited on the peninsula area legally described as Outlots A, B and C, Lawtonka, Hennepin County, Minnesota according to the recorded plat thereof. 7.7 Animals. No animal may be bred, kept or maintained for business or commercial purposes, anywhere on the Property. However, the Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property. The word "animal" shall be construed in its broadest sense and shall include all living creatures except human beings. 7.8 Quiet Enjoyment, Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. 7.9 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. 7.10 Alterations. No alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guests, in any part of the Common Elements, or in any part of the Unit which affects the Conmlon Elements or another Unit or which is visible from the exterior of the Unit, without the prior written -12- authorization of the Board, or a comrnittee appointed by it, as provided in Section 8. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. 7.11 Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prollibited. 7.12 Access to Units. In case of emergency, all Units and Limited Conn-non Elements are subject to entry, without notice and at any time, by an officer or member of the Board of the Association, by the Association's management agents or by any public safety persoruzel. Entry is also authorized for maintenance purposes under Section 9 and for enforcement purposes under Section 14. 7.13 Obstructions. There shall be no obstruction of the Common Elements, nor shall there be stored or kept upon any part of the Common Elements any watercraft, vehicles, equipment or other personal property without the prior written consent of the Association, except to the extent an Owner has easement rights over part of the Common Elements for the maintenance and storage of a dock. 7.14 Prohibition of Damage and Certain Activities. Nothing shall be done or kept on any Unit or on the Common Elements or any part thereof, which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the Common Elements or any part thereof or of the exterior of the Units and buildings shall be committed by any Owner or any invitee of any Owner, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by him or his invitees to the Association or other Owners. No noxious, destructive or offensive activity shall be allowed on any Units or in the Common Elements or any part thereof, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully residing on the Properties. 7.15 Fences, Walls and Patios. No Owner shall construct, relocate, heighten, lower or otherwise move or change any fence, wall or patio upon, adjoining or adjacent to the Common Elements except as provided in this Declaration. 7.16 Prohibited Structures. No structure of a temporary character, trailer, basement, tent, storage shed or shack shall be maintained or used on any Unit at any time as a residence or sleeping quarters, either temporarily or permanently. 7.17 Storage. Outside storage or placement of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, playground equipment, -13- a. Detailed plans, specifications and related information regarding any proposed alteration, in form and content acceptable to the Board of Directors, shall be submitted to the Board of Directors at least sixty (60) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. b. The Board of Directors shall give the Owner written notice of approval or disapproval. If the Board of Directors fails to approve or disapprove within sixty (60) days after receipt of said plans and specifications and all other information requested by the Board of Directors, then approval will not be required, and this Section shall be deemed to have been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted. C. If no request for approval is submitted, approval is denied, unless (i) the alterations are reasonably visible and (ii) no written notice of the violation has been given to the Owner in whose Unit the alterations are made, by the Association or another Owner, within six (6) months following the date of completion of the alterations. Notice may be direct written notice or the commencement of legal action by the Association or an Owner. The Owner of the Unit in which the alterations are made shall have the burden of proof, by clear and convincing evidence, that the alterations were completed and reasonably visible for at least six (6) months following completion and that the notice was not given. 8.3 Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is started. Such attorneys' fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner as further described in the Act. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit as further described in the Act. SECTION 9 MAINTENANCE 9.1 Maintenance by Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "maintenance") of the Common Elements. In addition, for the purpose of preserving the architectural character, quality, uniformity and high standards for appearance of the Property, the Association shall (i) provide for exterior maintenance -15- upon the Dwelling in each Unit that is subject to assessment as follows: paint and replace roofs, gutters, downspouts, decks, garage doors (except hardware), and exterior siding and other building surfaces, and (ii) provide for lawn, shrub and tree maintenance on all Units, except for watering. The Association°s obligations shall exclude windows, window hardware, glass and window frames, patios, entry doors, door hardware, air conditioning equipment, foundations and foundation walls, structural members and any other items not specifically referred to in this Section, unless otherwise approved under Section 9.2. The Association shall have easements as described in Section 13 to perform its obligations under this Section 9. The costs of any maintenance performed by the Association on any of the above items which benefits fewer than all of the Units, may be assessed to the Units and Unit Owners benefitted in accordance with the provisions of Section 6. 1, whether or not such item maintained, repaired or replaced is a limited common element or part of a Unit. 9.2 Optional Maintenance by Association. In addition to the maintenance described in this Section the Association may, with the approval of a majority of votes cast in person or by proxy at a meeting called for such purposes, undertake to provide additional exterior maintenance to the Units or Dwellings, or maintenance of water and sewer systems within the Units. 9.3 Maintenance by Owner. Except for the exterior maintenance required to be provided by the Association under Section 9.1 or 9.2, all maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. However, the Owners and Occupants shall have a duty to promptly notify the Association of defects in or damage to those parts of the Property which the Association is obligated to maintain. The Association may require that any exterior maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to or improperly performs and assess the Unit and the Owner for the cost thereof. 9.4 Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or his or her guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. In the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 10. SECTION 10 PARTY WALLS 10.1 General Rules of Law to Apply. Each Dwelling wall built as part of the original construction of the Dwelling and located on the boundary line between Units shall constitute a party -16- wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 10.2 Repair and Maintenance. The Owners of the Units which share the party wail shall be responsible for the maintenance repair and replacement of the party wall in proportion with their use; provided (i) that any maintenance, repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner, and (ii) that the Association may contract for and supervise the repair of damage caused by an Owner or Occupant and assess the Owners for their respective shares of the cost to the extent not covered by insurance. 10.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may, with the consent of the Association, restore it, and the other Owner shall promptly reimburse the Owner who restored the wall for his or her share of the cost of restoration thereof, provided, however, that the cost of restoration resulting from destruction or other casualty resulting from the acts or omissions of any Owner shall be the financial responsibility of such Owner, and the Association may assess the responsible Owner for his or her share of the costs, without prejudice to the right of an Owner to recover a larger contribution from the other Owner. Insurance claims shall be made promptly following any casualty. 10.4 Weatherproofing. Notwithstanding any other provision of this Section, any Owner who, by his or her negligent or willful act, causes a party wall to be exposed to the elements shall bear the whole cost of the repairs necessary for protection against such elements. 10.5 Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the Unit and shall pass to such Owner's assign and successors in title. 10.6 Arbitration. In the event of any dispute arising concerning a party wall, and if the same is not resolved within thirty (30) days of the event causing the dispute, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association, upon the written demand of the Association or any Owner whose Dwelling shares the party wall. Each party agrees that the decision of the arbitrators shall be final and conclusive of the questions involved. The fees of the arbitrators shall be shared equally by the parties, but each party shall pay its own attorney fees or other costs to prove its case. -17- SECTION 11 INSURANCE 11.1 Required Coverage. The Association shall obtain and maintain, at a minimum, a policy or policies of insurance in addition to the insurance requirements set forth in the Declaration and the additional requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows: a. property insurance on the Common Area for broad form covered causes of loss, and in a total amount of not less than the full insurable replacement cost of the insured property, less deductibles, at the time the insurance is purchased and at each renewal date, exclusive of items normally excluded from such property insurance policies; and b. The insurance maintained under subsection ll.l.a above shall exclude the Lots, Living Units and structures within the Lots. At the sole and exclusive option of the Association, as determined by the Board of Directors, as directed to the Association's insurance carrier in writing, the Association may elect to procure insurance coverage for the Lots, Living Units and structures within the Lots. In the event that the Association elects to procure such coverage, the insurance need not cover the following items within the units: (i) ceiling or wall finishing materials, (ii) floor coverings, (iii) cabinetry, (iv) finished millwork, (v) electrical or plumbing fixtures serving a single unit, (vi) built-in appliances, or (vii) other improvements and betterments, regardless of when installed. If at the option of the Association, any improvements and betterments are covered, any increased cost of insurance may be assessed by the Association against the Lots and Living Units affected. c. Comprehensive public liability insurance covering the use, operation and maintenance of the Common Area, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. d. Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association if deemed by the Board of Directors to be in the best interest of the Association and the Owners and only if such insurance is available at a reasonable cost. The fidelity bond or insurance shall name the Association as the named insured and shall be written in an amount equal to the greater of (i) the estimated -18- e. Workers' Compensation insurance as required by law. £ Directors' and officers' liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. g. Such other insurance as the Board may detenmine from time to time to be in the best interests of the Association and the Owners. 11.2 Owner's Personal Insurance. Each Owner shall obtain personal insurance coverage at his or her own expense covering fire and other casualty to the Lot and Living Unit, personal property or personal liability. All such policies provide coverage on a current replacement cost basis in an amount not less than one hundred (100%) percent of the insurable value of the Lot and Living Unit. All insurance policies maintained by Owners shall provide that they are without contribution as against the insurance purchased by the Association. The proceeds of any such policies shall be used first for the repair, replacement or reconstruction of the exterior of the Living Unit and shall be adjusted by the Association as described in Section 11.4. Each one shall provide the Association with reasonable proof of such insurance, such as an ACCORD certificate not less than armually or upon reasonable request by the Association. The Association shall be named as a loss payee in all such policies to the extent of its insurable interest and shall be notified by the Owner's insurance company of any termination or cancellation of such policy. 11.3 Premiums; Improvements; Deductibles. In the discretion of the Board of Directors, insurance premiums may be assessed and paid by the Association. The Association may, in the case of a claim for damage to a Lot or Living Unit, (i) pay the deductible amount as an expense of the Association, (ii) assess the deductible amount against the Lots affected in any reasonable manner, or (iii) require the Owners of the Lots affected to pay the deductible amount directly. 11.4 Loss Payee, Insurance Trustee. All insurance coverage maintained by the Association or the Owners for any Lots or Living Units shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties, including mortgagees, which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any policy maintained by the Association or any policy maintained by an Owner, to the extent the insured loss relates to the exterior of any Living Unit. In the event of a covered loss, the Association through the Board of directors (or through a -19- qualified insurance trustee selected by the Board) shall act on behalf of all parties in interest to resolve the claim as described above. The Owners shall fully cooperate with the Board or trustee to resolve the loss in accordance with the requirements of the applicable insurance policies. The Board of Directors may make rules, regulations and polices from time to time regarding the procedures to be used by the association in adjusting such losses and claims. 11.5 Waivers of Subrogation. All policies of insurance shall contain waivers of subrogation by the insurer against the Association, or an Owner, members of the Owner's household, officers or directors, as applicable, and, if available, waivers of any defense based on co-insurance or of invalidity from any acts of the insured. 11.6 Cancellation; Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least thirty (30) days prior written notice to the Association, all of the insureds and all mortgagees. 11.7 Restoration in Lieu of Cash Settlement. All policies of property insurance maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any Insurance Trustee) or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement by law. 11.8 No Contribution. All policies of insurance maintained by the Association shall be the primary insurance where there is other insurance in the name of the Owner covering the same property, and may not be brought into contribution with any insurance purchased by Owners or their mortgagees. 11.9 Effect of Acts Not Within Association's Control. All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or mortgagee, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Properties over which the Association has no control. SECTION 12 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 12.1 Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage or destruction thereof shall be governed by the Act. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved. The Association shall have all authority necessary to cause the Property to be reconstructed, including without limitation the -20- authority (i) to require the Owners to enter into reconstruction contracts on their respective Units, or (ii) to contract for the reconstruction of the Units on behalf of the Owners. Notice of substantial damage or destruction shall be given pursuant to Section 16.10. 12.2 Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern, 12.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction of the Property, and the Association shall give written notice thereof to an Eligible Mortgagee pursuant to Section 16.10. SECTION 13 EASEMENTS 13.1 Easement for Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroaclunents in. favor of the adjoining Units for fireplaces, walls, roof overhangs, air conditioning systems, decks, balconies, porches, patios, utility installations and other appurtenances (i) which are part of the original construction of the adjoining Unit or the Property or (ii) which are added pursuant to Section 8. If there is an encroachment by a Dwelling, or other building or improvement located in a Unit, upon another Unit or Dwelling as a result of the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Dwelling, building or improvement, and for the maintenance thereof, shall exist; provided that with respect to improvements or alterations added pursuant to Section 8, no easement shall exist unless the same have been approved, and the proposed improvements constructed, as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability of title. 13.2 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 133 Utilities Easements. The Property shall be subject to non-exclusive, appurtenant easements for all utilities, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor of the other Units for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utilities companies providing service to the Units for the installation and maintenance of utilities metering devices. -21- 13.4 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. 13.5 Dock Easements. Lot 5, Block 1, Gideon Cove shall be conveyed together with a dock easement hereby created and described as follows: Together with an exclusive perpetual easement for the construction, replacement, maintenance and storage of a dock platform in the waters of Lake Minnetonka and on or attached to that part of Outlot A, Lawtonka described as follows: Commencing at the intersection of the southeasterly line of said Outlot A with the southerly lines of Outlots A and B, Lawtonka; thence northeasterly along the boundary line between said Outlot A and said Outlot B a distance of 150 feet, to the point of beginning of the easement to be described herein; thence at right angles from said last described line northwesterly a distance of 30 feet; thence northeasterly parallel with said common boundary line between said Outlots A and B to the shore of Lake Minnetonka; thence easterly along said shore to said common boundary line between said Outlots A and B or its northeasterly extension; then south-westerly along said common boundary line to the point of beginning. Said easement is subject to the right of the fee owner of said Outlot to maintain any existing structures on said easement, and subject to that obligation of the owner of said easement to repair any damage to the surface of the easement area resulting from the use of said easement. There shall be no on-land storage of boats on the easement. Said easement is also subject to applicable regulations of the Shorewood City Code and the Lake Minnetonka Conservation District and shall be limited to the exclusive use o f the owner of the above described lot. Lot 1, Block 1, Gideon Cove shall be conveyed together with a dock easement hereby created and described as follows: Together with an exclusive perpetual easement for the construction, replacement, maintenance and storage of a dock platform in the waters of Lake Minnetonka and on or attached to that part of Outlot B, Lawtonka described as follows: Commencing at the intersection of the northwesterly line of said Outlot B with the southerly lines of Outlots A and B, Lawtonka; thence northeasterly along the boundary line be- tween said Outlot A and said Outlot B a distance of 150 feet, to the point of begining of the easement to be described herein; thence at right angles from said last described line southeasterly a distance of 30 feet; thence northeasterly parallel with said common boundary line between said -22- Outlot A and said Outlot B to the shore of Lake Minnetonka; thence westerly along said shore to said common boundary line. Said easement is subject to the right of the fee owner of said Outlot to maintain any existing structures on said easement, and subject to that obligation of the owner of said easement to repair any damage to the surface of the easement area resulting from the use of said easement. There shall be no on-land storage of boats on the easement. Said easement is also subject to applicable regulations of the Shorewood City Code and the Lake Minnetonka Conservation District and shall be limited to the exclusive use of the owner of the above described lot. SECTION 14 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 14.1 Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any other reason. 14.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their family, guests, tenants or invitees, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges in any reasonable amount as determined by the Board of Directors in its discretion from time to time for each past due assessment or -23- installment thereof, and any other amounts lawfully assessed against an Owner or a Unit and interest at up to the highest rate permitted by law. C. In the event of default of more than thirty (30) days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations of the Association. e. Suspend the rights of any Owner or Occupant and their family, guests, tenants or invitees to use any Common Element amenities; provided, that this limitation shall not apply to Limited Common Elements or deck, balcony, porch or patio easements, appurtenant to the Unit, and those portions of the Common Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to thirty (30) days thereafter, for each violation. f. Restore any portions of the Common Elements or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or his or her family, guests, tenants or invitees in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. g. Enter any Unit or Limited Common Element in which, or as to which, a violation or breach of the Governing Documents exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any Dwelling or other part of the Property or the property of the Owners or Occupants, and to abate and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or Limited Common Elements which is causing the violation; provided, that any improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. h, ]Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the Property is located. 14.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by -24- Section 14.2 d., e,, f or g. of this Section, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. 14.4 Lien for Charges, Penalties, etc. Any assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 14.5 Costs of Proceeding and Attorneys' pees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. 14.6 Liability of Owners' and Occupants 'Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or family, guests, tenants or invitees in the Owner's Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed, against the Owner responsible for the condition and against his or her Unit. 14.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. -25- SECTION 15 AMENDMENTS This Declaration may be amended by the consent of (i) Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association and (ii) the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned), if any required by Section 16 as to matters prescribed by said Section. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The Amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 16 RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and protections: 16.1 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one (51%) percent of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any Amendment to the Governing Documents which causes any change in the following: (i) voting rights; (ii) increases in assessments that raise the previously assessed amount by more than twenty- five (25%) percent, assessment liens, or priority of assessment liens; (iii) reductions in reserves for maintenance, repair and replacement of Common Elements; (iv) responsibility for maintenance and repairs; (v) reallocation of interests in the Common Elements, or Limited Common Elements, or rights to their use; (vi) redefinition of any Unit boundaries; (vii) convertibility of Units into Conunon Elements or vice versa; (viii) expansion or contraction of the Property or the addition, annexation or withdrawal of property to or from the Property; (ix) hazard or fidelity insurance requirements; (x) leasing of Units; (xi) imposition of any restrictions on the leasing of Units; (xii) if the common interest community consists of 50 or more Units, a decision by the Association to establish self management when professional management is in effect as required previously by the Governing Documents or by an Eligible Mortgagee; (xiii) restoration or repair of the Property (after a hazard damage or partial condemnation) in a manner other than that specified in the Governing Documents; (xiv) any action to terminate the legal status of the common interest community after substantial destruction or condemnation occurs; or (xv) any provisions that expressly benefit mortgage holders, or insurers or guarantors of mortgages. Notwithstanding the foregoing, implied approval of a proposed amendment shall be assumed when an Eligible Mortgagee fails to submit a response to any -26- written proposal for an amendment within 30 days after it receives proper notice of the proposal, provided that the notice was delivered by certified ail with a return receipt requested. 16.2 Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least sixty-seven (67%) percent of the Units that are subject to first mortgages (based upon one vote per first mortgage owned) shall be required to abandon or terminate the common interest subject to any greater requirements contained in the Act. 16.3 Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of the Owner and Eligible Mortgagee thereof, and the Association. 16.4. No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his or her Unit shall not be subject to any right of first refusal or similar restrictions. 16.5 Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Unit free of any claims for unpaid assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the Unit by said first mortgage holder or purchaser; (i) except as provided in Section 6.7 and the Act and (ii) except that any unpaid assessments or charges with respect to the Unit may be reallocated among all Units in accordance with their interests in the Common Elements. 16.6 Priority of Taxes and Other Charges. All taxes, assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 16.7 Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condemning authority. 16.8 Requirements of Management Agreements. The term of any agreement for professional management of the Property may not exceed two (2) years. Any such agreement must provide at a minimum for termination without penalty or termination fee by either party, (i) with cause upon (30) days prior written notice, and (ii) without cause upon ninety (90) days prior written notice. 16.9 Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and records of the Association upon reasonable notice during normal business -27- 16. 10 Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit number or address, the holder, insurer or guarantor shall be entitled to timely written notice of a. a condemnation loss or any casualty loss which affects a material portion of the Property or the Unit securing the mortgage; b. a 60 day delinquency in the payment of assessments or charges owed by the Owner of a Unit on which it holds a mortgage; a lapse, cancellation or material modification of any insurance policy maintained by the Association; and d. a proposed action which requires the consent of a specified percentage of Eligible Mortgagees. SECTION 17 MISCELLANEOUS 17.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 17.2 Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shalt mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 17.3 Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or hailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the -28- Association. 17.4 Conflicts Among Documents, In the event of any conflict among the provisions of the Act, the Declaration, the Bylaws or any Rules or Regulations approved by the Association, the Act shall control. As among the Declaration, Bylaws and Rules and Regulations, the Declaration shall control, and as between the Bylaws and the Rules and Regulations, the Bylaws shall control. 17.5 City Of Shorewood. Notwithstanding anything to the contrary herein, no amendments to this Amended and Restated Declaration shall be made in violation of the Gideon Cove Planned Unit Development Agreement with the City of Shorewood. Further, notwithstanding anything to the contrary herein, no amendments to any of the following Sections of this Amended and Restated Declaration shall be made hereafter without the written consent of the City of Shorewood: Section 7.3, Residential Use; Section 7.4, Business Use Restricted; Section 7.13, Obstructions; Section 7.14, Prohibition of Damage and Certain Activities; Section 7.15, Fences, Walls and Patios; Section 7.16, Prohibited Structures; Section 7.17, Storage; Section 8, Architectural Control; Section 9, Exterior Maintenance; Section 13.5, Dock Easements; and Section 17.5, City Of Shorewood: IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the Original Declaration and of the Act. GIDEON COVE HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation By: Camille S. Schroeder Its: President -29- STATE OF MINNESOTA COUNTY F ENN PIN The foregoing instrument was acknowledged before me this _ day of , 2009, by Camille S. Schroeder the President of Gideon Cove Homeowners Association, Inc., a Minnesota non-profit corporation, on behalf of the non-profit corporation. Notary Public This instrument was drafted by: Todd R. Iliff, P.A. 4830 France Avenue South Edina, Minnesota 55410 952-922-4647 tiliff@toddriliffpa.com -30- CONSENT Y THE CITY OF S OO , MINNESOTA The undersigned hereby acknowledges the consent of the City Of Shorewood, Minnesota, to the amendment of the Original Declaration as set forth in the foregoing Amended and Restated Declaration. CITY OF SHO WOOD, MINNESOTA By: Its: STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _ day of , 2009, by the of the City of Shorewood, Minnesota, on behalf of the City of Shorewood. Notary Public -31- Lots 1 through 13, Block 1, Gideon Cove, Hennepin County, Minnesota according to the recorded plat thereof; and Outlots A, B and C Lawtonka, Hennepin County, Minnesota according to the recorded plat thereof -32- COMMON INT Q'r CO MUT TITV NUMBER 1941 m aaaadd Con______`_~r GI E N CO EXHIBIT AMENDED AND STATED DECLARATION SCHEDULE OF UNIT'S 1. Lot 1, Block 1, Gideon Cove 2. Lot 2, Block 1, Gideon Cove 3. Lot 3, Block 1, Gideon Cove 4. Lot 4, Block 1, Gideon Cove 5. Lot 5, Block 1, Gideon Cove 6. Lot 6, Block 1, Gideon Cove 7. Lot 7, Block 1, Gideon Cove 8. Lot 8, Block 1, Gideon Cove 9. Lot 9, Block 1, Gideon Cove 10. Lot 10, Block 1, Gideon Cove 11. Lot 11, Block 1, Gideon Cove 12. Lot 12, Block 1, Gideon Cove, together with that part of Lot 13, Block 1, Gideon Cove described as follows: Beginning at the most southerly corner of Lot 12 in said plat; thence North 62 degrees 34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 92.23 feet; thence North 0 degrees 35 minutes 00seconds West a distance of 29.20 feet to the most westerly conger of said Lot 12; thence southeasterly along said southwesterly line to the point of beginning. all in Hennepin County, Minnesota according to the recorded plat thereof. NOTE: Each Unit's unit identifier is its lot and block number and the subdivision name. -33- DESCRIPTION OF COMMON ELEMEN'T'S 1. Lot 13, Block 1, Gideon Cove, except for the following described property: that part of Lot 13, Block 1, Gideon Cove described as follows: Beginning at the most southerly corner of Lot 12 in said plat; thence North 62 degrees 34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 92.23 feet; thence North 0 degrees 35 minutes 00seconds West a distance of 29.20 feet to the most westerly corner of said Lot 12; thence southeasterly along said southwesterly line to the point of beginning, Hennepin County, Minnesota according to the recorded plat thereof; and 2. Outlots A, B and C Lawtonka, Hennepin County, Minnesota according to the recorded plat thereof -34- COMMON INTE RST -1) 1Y T -7 NUMBER 1941 GI E N COVE EXHIBIT D AMENDS AND STATED DECLARATION AFFIDAVIT F SECRETARY -35- CITY F SHOREWOOD 57 - UN- CLUB PA COMMISSION MEETING _ --NN, ITY HALL TUESDAY, AUGUST 11, 2009 7a0u --'.M. MINUTES 1. CONVENE PA COMMISSION MEETING A. Roll Call Present: Chair Norman; Commissioners Davis, Robb, and Tdmondson; Park Coordinator Anderson; Public Works Director Brown; and late arrival City Council liaison Bailey Absent: Commissioners Trent, DeMers, and Quinlan B. Review Agenda Item 5, Maintenance of Manor Pond, was moved up to follow Matters from the Floor. Davis moved, Edmondson seconded, approving the Agenda as amended. Motion passed 4/0.. 2. APPROVAL OF MINUTES A. Park Commission Minutes of July 14, 2009 Davis moved, Robb seconded, approving the Minutes of July 14, 2009, as submitted. Motion passed 4/0. 3. MATTERS FROM THE FLOOR There were none. 5. MAINTENANCE OF MANOR POND - (Director Public Works, Larry Brown and DNR, Dick Osgood) Representative Dick Osgood, of the DNR and LMCD, stated that he had been consulting the Amesbury neighbors for approximately 15 years with regard to their pond. As mentioned during the Manor Park neighborhood meeting, Osgood indicated that the Manor Park pond is a shallow 3/a acre site which has become overgrown with vegetation. While not uncommon for ponds to undergo change over the years, Manor seemingly wants to be a natural wetland, which is often common when waters are so low and there has been little rain to deter vegetative growth. Osgood stated that he was not surprised to see the pond in its current condition, as many others are faced with the same issues, even though the neighbors have recently voiced their concern regarding its state. Osgood noted that, as part of the overall stormwater management system, Manor Pond functions as a retention pond which in turn protects Lake Minnetonka down stream. He - C 20 Pk ~ questioned whether the pond could serve both functions, as a stor water retention area and aesthetic amenity to the park. Due to its small size, Osgood stated that many contractors would likely recommend herbicides and bubblers. Though he himself does not sell such items, Osgood indicated that he could make recommendations and hook the city up with the right people. Osgood pointed out that, oftentimes, treatment plans shift over time based on varying conditions and that there are generally three options to consider: 1. Do nothing - the City and neighbors could decide to do nothing and let nature take its course. 2. Minimal Approach - spend approximately a couple thousand dollars annually for manual weed removal and treatments. 3. IN/lore intensive management measures - from $5,000-10,000 annually to set up an orngo1ng maintenance schedule. In addition, some communities choose to dredge their ponds which provide relief over time. City Council member Bailey arrived at 7:15 p.m. Osgood encouraged the Commission to consider what tiic prir,~ary function of this pond is, as a stormwater pond or a park amenity. Obviously, a disturbed system, Osgood maintained that the pond could likely be improved with a major intervention, but at what cost. As a visual amenity, the city would need to decide what value it places on making these improvements. Edmondson asked whether wildlife might be attracted to the pond €f it were improved. Osgood stated that, really, the pond needs to be deeper to attract much more wildlife. He added that some cat tails, lily pads M sections, and open water space would be ideal for wildlife as well. Osgood pointed out that sonic things are getting choked out, as there is little oxygen to share. Chair Norman concurred, stating that a highcr water level and potential dredging might be beneficial. Robb questioned whether the Commission would seek to turn the functioning stormwater pond into a park amenity, and asked -,vhat the cost of dredging might be. Public Works Director Brown thanked the Commission and representative Osgood for their consideration. He asked to begin by clarifying a few misnomers shared by the neighborhood residents near Manor Park. Brown provided a brief history of Manor Park pond, explaining that it was untrue that the City had ever filled the pond with sand in the past. Brown stated that in interviews with public works staff that have been with the City in excess of 25 years, there has never been an instance in which the City filled the pond with sand in an attempt to pull out any snowplowing equipment, or for any other purpose. The only work done near the pond was a small access point that was leveled along the edge of the pond to allow for entrance and exit by equipment near the warming house. _ J, G1K _ As part of the stormwater management plan, Brown explained that the function and values of each pond are measured. The MCWD recently put out a mandate that requires cities to document the depths of each pond and provide a plan of how frequently cities NN'ill clean out their ponds. Though necessary and possibly delinquent in doing so, Brown stated that this is a very expensive proposition, and although the City is in the process of putting together a formal plan to perform these functions there is not additional funding which accompanies the standard. Brown estimated that this would entail $1.8 million worth of improvements within a stormwater plan which already far exceeds what is in the fund. He indicated that the City will need to evaluate which of the many competing projects for the same limited funds will be completed. Brown stated that if the Park Commission recommends this pond to be an amenity as opposed to a stormwater pond, he would recommend the funds come from the Park CIP. He noted that, quite honestly, once the city performs their required studies, there wi 11 likely be higher priority ponds than that at Manor Park, thus the City would be 1-aced with the decision of what to do then. Davis asked how much dredging cost. She was hesitant to use chemicals. Brown stated that, shooting from the hip, a rough estimate would be between $60,000-100,000 per pond, mainly because much o l'the deposits are considered hazardous when removed, besides the obvious fuel costs and disposal site. Brown stated that the concrete outlet structure was only built three years ago with the watermain and should be in pretty good shape compared to many others. He encouraged the Commission to consider the costs, the stormwater management question versus the park amenity ideal, and generally, what characteristics the Commission wants for that park pond, habitat, or deeper basin. Davis asked what the phosphorous load coming off the new development might be. Anderson interjected that the small aerator fountain sprinkling in the middle of the pond does not appear to have a hose circulating or disturbing the sediment, but instead appears to be merely a superficial amenity which, in conversations with Engineer Landini, do no harm. Brown stated that, in 2005, a MCWD limnologist partnered with the City to study the condition of the pond and did a number of tests to evaluate the water. The tests were deemed inconclusive at the time but also eliminated filamentous algae from the mix. Chair Norman encouraged staff to pursue the MCWD and DNR once again to partner and have more studies done. PA " A Manor Park area resident stated that it seemed to him the depth alone was a cones for the neighbors and felt from what he heard that, if deeper, some of the vegetative growth would be discouraged. Though a costly fix, he questioned whether dredging may be the best solution. Chair Norman stated that he would like to see an estimate for the minimal approach, the maximum chemical treatment options, and the costs associated with dredging. Robb reiterated his earlier comment, questioning whether the Commission or City is interested in changing the intent or definition of this pond, especially since it is a functioning stormwater pond. Chair Norman questioned whether the pond could be both an amenity and stormwater pond. Davis stated that neither the Commission nor the City is in the position to pay the bill. Faced with a difficult decision and extremely low water year she wLis reluctant to be rash. Osgood pointed out that he saw no real impact from the neighboring development or from their aerator. He indicated that phosphorous tests are cheap, and in anv event, at minimum, the City may wish to control that. Osgood was not sure this pond was ready for all out herbicide treatments. Davis stated that the City really needs an army of volunteers, or Manor neighbors, willing to come in and manually pull the lily pads themselves by hand to begin the process. Chair Norman suggested staff explore finding an Eagle Scout troop or volunteers willing to do the removal. Brown stated that lie was wrestling with the dredging or mechanical removal options and asked the Commission to let staff pursue sonic cost estimates and come back with a report. Chair Norman agreed, indicating lie would like to know the costs associated with the various options. Edmondson suggested the water tests be followed up. Brown stated that the testing costs were negligible and could be pursued to start as opposed to dredging. 4. REPORTS A. Report on City Council Meeting Bailey stated that the City Council voted to support the proposed plans for the Park Commission's 2010 budget. He indicated that they were pleased the Park Commission was pushing forward on some plans, even though not all of them may be complete in 2009 and may overflow into 2010, progress was clearly being made. B. Update on Eclipse Painting and Eddy Station Shelter Anderson reported that she had been in contact with the contractor, Eclipse Painting, who was very cooperative and wanted to make things right with the City. She noted that they promised to complete the 4"' side, re-sanding and staining it to match the other three sides before the next meeting in September. She relayed that the contractor explained to her that he performed the same work as the original builder with a natural polyurethane seal, but since the stain was a different tint it stood out. She pointed out that the underside of the arched roof canopy would not be stained to match. Anderson stated that staff had agreed the city shat l pay for the supplies but the labor would be supplied at no change by the contractor. C. Report on Garage Band Jam Event Chair Norman stated that he was very impressed with the Garage Band Jam event and that he estimated 350-400 people were in attendance throughout the evening. Anderson concurred, stating that the event was a success. 'I_hat there were many volunteers, judges, and coordinators which put together a great evening. She recognized Edmondson, a judge, B Grizzly's pizza, the concessionaire, and B96 - a bit urban for the suburbs but a gracious group who participated for the event. She stated that it was unfortunate some vandalism occurred overnight and maintained that this may have occurred despite the GBJ. Brown indicated that the damage had mostly been resolved. D. Update on Silvervvood Park Shelter Anderson reported that there would be a neighborhood meeting next Tuesday, August 18"', from 5:00 - 6:301im at the City Hall to share tlic Silverwood park shelter concepts with the public. She invited members of the Commission to be present to visit with neighbors. She stated that she had received several estimates for the work and would post photos of the proposed shelters. Chair Norman asked how many invites were distributed. Anderson stated that Park Secretary Grout had mailed at least several hundred, though she was unsure of the exact amount. She noted that after the neighborhood meeting, the concept would move on to the Planning Commission for a CUP amendment the following week. E. Update on Manor Park Shelter Anderson reported that she had met with Building Inspector Joe Pazendak to discuss the renovation and have him look at the current state of the building to determine whether a remodel, as opposed to an entire re-build, would be adequate. She indicated that, while the design and spec phase would occur in 2009, the construction would not likely begin until spring 2010. PA- F 8 F. ' _ e -_•t on Hennepin Ballpark Grant Program Anderson explained that Administrator Heck had forwarded a grant program for review. She indicated that the Mn Amateur Sports Commission would be administering the grants and that they were to be considered on a first come first served type basis. To that end, Anderson stated that she shared the concept with the sports organizations at the fall sports meeting and that the hockey association jumped at the chance to partner and improve the rinks in Shorewood. In addition, Anderson stated that she proposed several other options for consideration, including astro-turf tennis courts and other recreational amenities. She stated that v,,hi1.e there were other priorities that the Commission wished to focus on for 2010, construction of shelters were not `active' recreation and would not be considered for the grant program. Anderson stated that she would update the Commission as she moved forward with Mr. Stawski. Chair Norman suggested Anderson consider other additions iike updated fencing at the ball fields and bleachers at Freeman, Badger and Cathcart. Davis commented that it would be nice if this campaign ~~ere an ongoing annual grant opportunity the City could apply for each year and encouraged staff to see if it will be ongoing. 6. CONTINUED FROM JULY 14, 2009 MEETING - REVIEWING AMENDMENT AND CONDITIONAL USE PERMIT FOR LITTLE LEAGUE SIGNAGE AT BALL FIELDS Chair Norman shared the proposed changes with the Commission for their review, many of which were originally poscd 1w the Park Commission itself at their previous meeting. He stated that although he did not agree N-v,ith the direction the City Council was moving, it was moving forward with or without the Commission and he would at least prefer to have the wording covered and make sure fhere is an `out' for the City should this fail miserably. Robb echoed Chair Norman's comments. Chair Norman added that he would like to consult the little league books on an annual basis to ensure that the money is stayin=g within Shorewood. Edmondson moved, Davis seconded, approving the Zoning Code Amendment allowing signs on the fencing. Motion failed 113, Davis, Norman, and Robb dissenting. Davis moved, Robb seconded, denying the approval of the License Agreement allowing signs on the ball park fencing. Motion passed 4/0. 7. REVIEW AND APPROVE SIGNAGE FOR THE PARKS Anderson presented the Commission with a sample faux polystyrene stone provided by Duane DuMont for their consideration. She noted that it was difficult to obtain comparisons for the stone, as the other contractors did not offer a poly faux stone, but instead offered a faux stone A ` PA _71 7 OF 8 like that on the building. Anderson pointed out that DuMont also could provide the faux stone, like that of the buildings for the monuments for roughly $55,900. She noted that the poly stone sample had been supplied to her rather hastily and that the contractor indicated he did not have a chance to dye the stone perfectly to match, nor cover the sample with the anti-graffiti coating that would be used for the project. The Commission did not mind the appearance of the stone from a distance but questioned the durability of the poly plastic stone on the monument signs. They tried to -damage' the material as if a vandal were disparaging it and succeeded in poking holes in the poly with the end of a screwdriver and points of a hammer. The Commission asked Anderson to continue to pursue their options and speak with DuMont about the flammability of the product and other references, City's who had used this product for their signs and the success or failure they'd seen. Anderson indicated that she would like to contact the contractor to obtain a `non-rushed' sample, ask more about the durability of the polystyrene against the outdoor elements, vandalism, and flammability. She indicated that there is a graffiti remover that works on the surface but would ask for more information about repair kits. Anderson stated that there had also been some developments within the contractor's company itself and that shc would feel more comfortable holding off until these questions could be resolved. The Commission tabled the sign discussion to allow for more information at the next meeting. 8. REVIEW FALL SURVEY Anderson asked for the C'ommission's feedback on the proposed fall survey. The Commission asked to see the focus continue to be on the programming piece. Specifically, removing the third question for a later date and adding a question after the trails question, which asks `do you primarily walk or bike on the trails' and another `where would you like to take a trail to . In addition, at the top of the second page, revising the first question as follows, household attend any of the following activities in the parks' and include a box for Arctic Fever. The next question adding the word 'interested in renting' a Community Garden plot. Finally, the Commission asked if the survey provider could identify multiple filers in an effort to screen or cut down on people answering the same survey multiple times. Anderson stated that she would have the survey updated with the changes and check to see if the city had contracted with a survey company as of yet, which may allow for screening multiple filers. T-- :009 PA- F F8 9. REVIEW AN . _x a __J ,'E THE ADDITION OF BIKE RACKS Anderson passed around a photo of the proposed 5-loop bike rack for the Commission to view and explained that she had contacted several contractors to price out 7 of the bike racks for the parks, including two at Freeman. She indicated that, though a bit more that first thought, the big difference could be found in the shipping fees from each company. She pointed out that the savings would also come from asking public works to install the bike racks as opposed to having the contractors install the surface mounted racks. Brown interjected that, while public works can install the racks, t}ZCV arc completely overwhelmed and could not guarantee the installation of even one or more of the racks before winter. He said he could not commit to a firm date since they were in the process of sealing over pot holes and other numerous projects. The Commission empathized with the issues facing public works and stated they would be willing to order the racks and have them available for public .A~orla to install at their convenience between now and next spring sometime if that would be acceptable. Davis moved, Edmondson seconded, to recommend the purchase of seven 5-loop bike racks from Gametime at a cost of $1,756.02 to have stockpiled for public works staff to install as soon as possible at their convenience. Motion passed 410. 10. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON AUGUST 24, 2009 Robb volunteered to act as liaison to the City Council on August 24"'. 11. NEW BUSINESS There was none. 12. ADJOURN Davis moved, Robb seconded, adjourning the Park Commission Meeting of August 11, 2009, at 8:42 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recorder Department Council Meeting Parks August 24, 2009 From: Twila Grout, Park Secretary CC: Larry Brown, Director of Public Works Description: Request from the Park Commission to have staff purchase seven - 5 loop bike racks for the parks. Background; Previous Action The Park Commission, at their July meeting, recommended that bike racks be on their 2009 priorities. Kristi Anderson of Community Rec Resources obtained three estimates for surface mounted 5 loop bike racks and presented this to the Park Commission at their August 11 meeting. The suggested color for the bike racks is black powder coated. The estimates include shipping and handling but not installation. Public Works would install these bike racks between now and next spring at their convenience. Attached is the estimate tabulation for review. Staff Recommendation Staff recommends that the City Council approve the purchase of seven "5 loop bike racks" from Gametime MN/WI Playgrounds for the amount of $1,756.02. Council Action: 5755 Country Club Road ® Shorewood, Minnesota 55331 ® 952-474-3236 Fax: 952-474-0128 ® www.ci.shorewood.mn.us ® cityhall cr ci.shorewood.mn.us To: Park Commission From: Kristi Anderson, Park Coordinator Date: 8/6/09 Re: Loop Bike Rack Install for 2009 As discussed at the Park Commission Meeting in July, one of the 2009 priorities includes the installation of bike racks in the parks, 7 total. Staff contacted several manufacturers to obtain estimates for surface mounted 5 loop bike racks, as indicated in attachment 1. The racks come in a variety of colors, though staff would suggest choosing black powder coated racks that would fit any park decor and hide any attempted graffiti vandalism. The estimates include shipping, but not installation, and assumes that Shorewood Public Works staff could install the surface mounted racks in the parks this fall. Recommendations Staff recommends the Park Commission make a motion recommending to the City Council the purchase of a quantity of seven `5 loop bike racks', as estimated, from Gametime Mn/Wi Playgrounds for Shorewood parks in the amount of $1,756.02. 2 ti ate City of Shorewood Park Coordinator: risti Anderson No Quoter I I I Quote 1 AAA State of Play - 5 Loop includes S/H $ 3,258.87 2 Playworld Systems - 5 Loop incl S/H $ 2,773.00 3 Gametime - 5 Loop incl S/H $ 1,756.02 4 5 6 7 8 9 10 11 12 13 14 15 TUESDA MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:04 P.M. ROLL CALL COUNC )UT - - Present: Chair Geng; Commissioners Arnst, Gagne, Hutchins, Ruoff and Vilett; Planning Director Nielsen; and Council Liaison Turgeon Absent: None. Also present: Park Connnnission Chair Norman APPROVAL OF MINUTES 0 16 June 2009 Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 16 June 2009 as presented. Motion passed 6/0. 1. 7:00 P.M. PUBLIC HEARING - CODE AMENDMENT REGARDING SIGNS Chair Geng opened the Public Hearing at 7:04 P.M., noting the procedures utilized in a Public Hearing. He explained items acted upon this evening would be placed on a 27 July 2009 Regular City Council meeting agenda for further review and consideration. Nielsen explained during its May 11, 2009, meeting the City Council adopted a resolution denying a request by South Tonka Little League (STLL) for an amendment to the City Code that would allow advertising signs to be placed on some of the ball field fences in Freeman Park. The Planning Commission and the Park Commission had previously recommended against such an amendment. During that meeting Council directed Staff to explore allowing the signs through some sort of contract between the City and STLL. Nielsen then explained City Attorney Tietjen subsequently determined a contractual agreement could be drafted, but it still would require an amendment to the Code setting forth the authority to execute such a contract. Staff identified an alternative which is for STLL to apply for a conditional use permit (C.U.P.) to display commercial advertising signs. This makes it a public process. A C.U.P. request would require an applicant to come before the Planning Commission for a public hearing and before Council. Staff also recommends the Park Commission review any request as well. The most significant condition of the C.U.P. would be that STLL must enter into an annual license agreement with terms acceptable to Council. This alternative would require an amendment to the Code establishing a conditional use permit provision to display signs in City parks. During its May 26, 2009, meeting Council directed staff to draft a tightly ~.,r. ten amendment to the Code establisher- _ -.LT .P. provision a-, = - areement bet,,veen the City and STLL. Nielsen stated the meeting packet for this evening contains a draft text amendment to the Code that adds to the provisions that allow for temporary signs and a draft license agreement between the City and STLL for the Planning Commission to review. Nielsen reviewed the conditions added to Section 1201.03 Subd. 1 Lc(4) of the Code. The proposed additions to the text are as follows and are italicized. "(4) Temporary Signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the City pursuant to Section 902.06 of this Code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for its use. (ei) Signs may be displayed only in a Community Park, as defined in the Shorewood Comprehensive Plan. (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties. (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign. (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length. (vi) There shall be a minimum spacing between signs of seven feet. (vii) The rnaxiII7117771711777ber° of signs per ball field is 15. (viii) The nonprofit athletic association is responsible for maintaining the signs in good repair. If a sign becomes detached torn or vandalized, the association must repair or replace theni immediately or the sign will be summarily removed by the City. cl 15 (ix) The rrartpr"Oft athletic association is res.no.. - to the fence 0T7 which it is displayed that is caused by installation c- displ of the sign. (x) The conditional use permit is subject to review and recon nzendation by the Shorewood Park Commission. (xi) The nonprofit athletic association must obtain an annual license from the City and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to tune. The association shall have no vested right in obtaining fences from season to season. (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. " Nielsen made the following comments or clarifications regarding the above text amendment. All of the nonprofit athletic associations already contract with the City to use the City's facilities. STLL contracts for the use of two fields in Freemen Park. Freeman Park is the City's largest park; it draws the largest crowds for sporting events and is generally located the furthest from residential neighborhoods. There is some rationale for limiting this to Freeman Park. He doesn't anticipate much damage being caused to the fences from the signs. The condition about entering into a license agreement is the strongest part of the text amendment. The license agreement can be revoked quite readily. Council does not have to issue the license agreement. The C.U.P. provision and the license agreement provide the City both the opportunity to try allowing signs and still maintain strong control of what happens in the future. Nielsen stated the Park Commission reviewed this proposed text amendment and STLL's request for a C.U.P., including a license agreement, to display signs during its July 14, 2009, meeting. The Commission expressed a number of concerns, and it made a number of suggestions. He related that the Commission expressed it was not in support of the text amendment. The Commission asked if the content of the sign could be regulated. He explained that normally when the City regulates signs the regulations have to be content neutral. The City Attorney has explained the City can regulate the content because it owns the property, and she recommended that provision be incorporated in the license agreement. Park Commission Chair Norman stated the Commission asked Staff to incorporate the provisions it recommended (e.g., content preview, financial accountability, indemnification for theft and vandalism, etc.) into the appropriate document for the Commission's review during its August 11, 2009, meeting. With regard to the concern about content, Norman explained the Commission thought including a content provision in one of the documents would make it easier to enforce content restrictions. Director Nielsen explained the provision asking for financial accountability is to address the Park Commission's concern that the money STLL would make from the advertising signage flows back into the City somehow. For example, it would help with paying the league fees for children, it would help pay for ball field maintenance and so forth. This provision, if added, would be included in the license agreement. The Commission wants the display of signs to be limited to the southerly three fields in Freeman Park. He explained he thought it may be possible to include that restriction, but noted the other fields in Freeman Park are even further from residences which makes it a little difficult to limit to those three fields. He stated Staff will look into whether or not that restriction can be included. He commented the issue of fairness has to be considered as part of that. He explained the Commission also wanted to include a height restriction off the ground; the suggested restriction would be five or six feet. Park (-c -1-ir Norman explained the Commission wanted all requirements to ~ ,d in 1 re Nielsen explained the Park Commission would prefer to have the money STLL would make from the signs flow through the Parks Foundation if possible. Park Commission Chair Norman explained the Commission thought having a third party involved with the disbursement of monies earned from the signs would help to insure that the funds are used to benefit the City. Nielsen stated he was not convinced involving the Parks Foundation was appropriate, but it could be possible to include a stipulation that the funds earned go into the City's park system. Nielsen noted that Kyle Heitkamp, with STLL, had indicated the STLL was willing to let people review its financial information. Pat Eagan, with STLL, explained some of STLL's money goes to Manitou Park which is located in the City of Tonka Bay; therefore, there can't be total accountability to Shorewood only. Norman stated the Park Commission wanted to be assured that STLL's contributions to things such as the Diamond Club were not increased because of finds raised through the display of signs. Mr. Eagan explained STLL uses two fields in Manitou Park and has games in Cathcart Park. Nielsen stated that prior to the Park Commission's August 11, 2009, meeting Staff will have revised the license agreement to include indemnification language for theft and vandalism of the signs. Nielsen stated there are two items that must be considered when addressing STLL's request. The first part is this text amendment to the Code. The second part is the C.U.P. for STLL, with the main component being the license agreement between the City and STLL. Commissioner Arnst asked if any changes to the C.U.P. or license agreement require action by the Council. Director Nielsen explained Council would have to rescind the license. Typically a licensee who is in violation of the terms of the agreement would have an opportunity to appeal to the Council to try and reach an agreement before the license is actually rescinded. Mr. Eagan stated he was in charge of sponsorship for STLL. He explained he lives in the City and he has three boys who participate in the STLL program. He stated STLL appreciates the relationship it has with the City; a relationship it has had for a long time. STLL wants to be a good partner with the City. STLL does not want to display inappropriate signs, such as those with tobacco or liquor content, on the fences. Allowing advertising signage would allow STLL to generate revenues that will benefit STLL program participants. Commissioner Gagne stated he is totally opposed to the text amendment and the C.U.P. He does not support having signs in Freeman Park or any other City-owned park. He explained he has lived in the City since 1961. During that time he has served on various commissions and the council, and was involved with trying to limit the amount of signage in the City. There were times when it took five or more years to have a billboard taken down because of a contract. He thought there were other ways for STLL to raise money. He expressed concern that if the City allowed signs for STLL in Freeman Park it would eventually allow signs for other organizations in other areas of Freemen Park or other City-owned parks. He noted he will vote against recommending approval of amendment and the C.U.P. In response to a question from Commissioner Ruoff, Mr. Eagan explained the sponsorship cost for one sign for one year is approximately $500, noting he was not entirely sure of that. There is also a one-time cost for the sign. STLL will ask for a three-year commitment from the advertiser. In response to a comment from Commissioner Vilett, Mr. Eagan explained STLL's sponsors are aware the STLL had to apply for a license with the City annually. The sponsors would be local businesses. Ma. - - d `I'LL ha*-ith other sports o t-ations that use the City's parks, and the or` ' zatior.s th- w. e spoken " ve no interest ng sponsorship dollars through the display signs. The _ `gns would be temporary, seasonal sig,;. STLL respects the neighborhood. He stated the display of signs on ball field fences is part of baseball. STLL is trying to include as many children ages five through twelve as possible in its little league programs. The funds generated through the sponsorship signs will help provide scholarships to those children that can't afford to participate in its programs. He clarified that STLL intended to display signs on the fences on Field 1 and Field 3 only; not on Field 2. He stated he does not understand the process that has occurred regarding STLL's request when STLL's program is about children playing baseball. Commissioner Arnst commented she was the other historian on the Planning Commission. She stated she started on the Park Commission in 1996 and was a member of that Commission for more than eight years. During her tenure the Park Commission brought about a great deal of change to the City's parks. A lot of infrastructure was added. Policies were developed that were much more inclusive of all age groups. The Park Commission consistently strived to maintain the balance of the natural aesthetics of the City-owned parks. Since her tenure, the various Park Commissions have expanded the number of programs offered to draw more people, but they have not commercialized the parks. She stated she thought it would be difficult for the City to legally keep the girls' softball program or any other sports program from trying to display signs in the fields they use. If signs were allowed on all ball field fences there could be 95 signs. She expressed that is a big problem. She questioned who subjectively decides what sign is appropriate and what is not. She stated as soon as the Council has to make decisions it will become political. She expressed her appreciation for all of the hard work the sports organizations do. She stated allowing signs in the parks would be a "poke in the eye" to all of the commissions that have done a lot of hard wort: over the last 12 -13 years. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public hearing at 7:35 P.M. In response to a question from Commissioner Hutchins, Director Nielsen explained the fee for the license has not been determined. Staff has discussed establishing the annual license fee somewhere between $100 and $150. The City's fee for temporary signage is $20 per sign. In response to another question from Hutchins, Mr. Eagan explained the spring little league season is from late April to the end of June and the fall season is one month long and generally occurs from the beginning to the end of September. Mr. Eagan stated STLL could take the signs down during the break if that is what the City wanted. STLL would prefer not to because there are all star teams and other tournament teams that use the fields through early August. During August there are things such as batting practice that take place. STLL continues to do its maintenance to the fields during the little league break. Commissioner Hutchins stated when STLL first came before the Planning Commission with this request in March 2009 the basis for the request was to generate funds for scholarships through sponsorship signage. He asked if that is still the intent. Mr. Eagan stated he is not entirely sure what Mr. Heitkamp has told the City, noting Mr. Heitkamp was coaching in a tournament this evening and could not be present. STLL's biggest goal is to use the finds generated from sponsorship signage for scholarships for children who otherwise could not afford to participate in the little league program. He commented the STLL program has grown from over 380 participants to more than 500 participants since he has been involved with STLL. Hutchins asked if STLL needed funds for things other than sponsorships. Mr. Eagan stated the sponsorship dollars would be used to help offset a need to increase the registration fees to maintain its programs. STLL doesn't want to have children who want to play baseball not play because of something completely out of their control. Commissioner Vilett stated she respects Connn_~-'r s point of view. But. there is an emotional part of her that wants to help those ~_'l .,he w<__ pc ;i e in the little league program and can't because their families can't pay the reg'stration fee, no rg she understands emotions should not influence her position. When she considers the children it's difficult for her to say no to the request. When she considers what past Park Commissions have done it's difficult to say yes. Mr. Eagan stated the Planning Commission is being asked to consider a one-season agreement. Vilett stated that no matter how restrictive the amendment and C.U.P. are, there will always be a way to try and expand the display of signs in City-owned parks. Mr. Eagan stated the Council has the authority to deny STLL's request and any other sport associations' requests in the fixture. He then stated STLL believes it will continue to be a great partner with the City, and this is something STLL thinks will work. If STLL lets the City down by not doing what it has committed to doing, then Council can rescind or deny the license agreement. Commissioner Hutchins stated from his vantage point his decision will be a strategic decision. The City has actively tried to minimize signage in the City for a very long time. He expressed concern about changing the City's Code which would establish a long-term commitment and potentially allow for the expansion of signs into other ball fields. The other sports associations may say they are not interested in pursuing sponsorship signage now, but that could change in the fixture if their needs change. He commented the City is not trying this on a temporary basis the way it did with the Shorewood Yacht Club's request for power boats. In response to a question from Mr. Eagan, Director Nielsen explained that before the City can enter into a license agreement as a condition of the C.U.P. the City Code must be amended to establish the C.U.P. process. Nielsen then explained the C.U.P. has a process where if conditions of the C.U.P. are violated the C.U.P. can be revoked. The license agreement can be rescinded much easier than the C.U.P. can be revoked because a public hearing would not have to be held to rescind the agreement; it would come before Council if there is a violation. Director Nielsen commented that if the sponsorship signage program is successful for STLL he did not know why another sports organization such as girls' softball or hockey would not want to have a similar program. Mr. Eagan stated the City always has the right to stop STLL's sponsorship program if the City starts to receive other requests. Nielsen stated the issue would be more about fairness than legal if. for example, girls' softball wanted to do the same thing. If the City decided it no longer wanted to allow signs in City-owned parks it would be likely that the Code would be amended back. Mr. Eagan stated STLL would like to move forward with its proposed sponsorship signage program, and in the event other organizations approach the City about doing something similar then STLL would not argue with the City if it decided to terminate STLL's license. Nielsen stated should residents express a lot of concern about the signs the City can react to that by rescinding the license agreement. Commissioner Ruoff asked Mr. Eagan what he thought the profits would be from such a program. Mr. Eagan explained the maximum revenues generated is $500 multiplied by 30 signs (15 at each of the two fields), or $15,000. The cost for the signs and the permits must be deducted from the revenues. Based on that, the profits could approximate $10,000. In response to another question from Ruoff, Mr. Eagan stated there are approximately 520 registered participants for STLL's little league programs. Ruoff stated he originally supported STLL's request. He thought STLL is a great organization and the profits generated would help support the little league program. Based on a great deal of discussion this has become something greater than STLL's request. It has become one of selling public spaces. Although it would be nice to help STLL, changing the ordinance establishes a precedent for allowing other organizations to make similar requests. His current position is to recommend this be denied. He wants to support past efforts by Park Commissions to keep signs out of the City-owned parks. 7 Chair Geng stated it appeared there is some confusion about what the Planning Commission is being asked to consider this evening. He recommended it come back to what is on the agenda. He explained the Commission had the opportunity to consider whether signs should be allowed in City-owned parks; it recommended against doing so. Council has since made a different policy decision. Council has decided to move forward on allowing signs in a very controlled and restricted way, and it would allow the City to stop allowing the display of signs at any time. Council asked Staff to draft a text amendment to the Code. He noted that in trying to clarify what the Commission is supposed to be considering this evening, he in no way intended to diminish the issue Commissioners have expressed over things such as aesthetics and values. He clarified the item before the Commission is the text amendment to the Code. The Commission has to determine if the draft amendment is adequate or is it so poorly drafted that the Commission recommends its approval be denied. Commissioner Arnst stated it was her understanding that Council directed Staff to explore the possibility of allowing signs, and that Council has not yet decided it would allow the signs. Director Nielsen clarified Council directed Staff to make it possible to allow STLL to display sponsorship signs. Council had hoped that could have been addressed through a contract, but that can't be done. That is when Council directed Staff to prepare a text amendment. The direction from Council was very clear. Commissioner Arnst asked if the Planning Commission could state it was uncomfortable with amending the Code to allow signs because of its enforceability or allowances. Its discomfort is not about the actual wording of the amendment. Commissioner Vilett stated the Planning Commission is a recommending body. Chair Geng stated he thought the Commission could as part of its motion indicate its sentiment that it was not in support of allowing signs in the City-owned parks. Park Commission Chair Norman stated the Park Commission continued this item to its August 11`x' meeting, noting it does not agree with the direction set by Council. This Commission wanted the opportunity to receive feedback from Staff about its concerns and suggestions. Chair Geng stated it's his personal opinion that the Planning Commission can recommend approval of the text amendment and strongly convey its serious misgivings about doing so. The Commission's role this evening is to consider whether the amendment is well crafted. Council Liaison Turgeon stated Chair Geng is correct in summarizing what the Planning Commission is being asked to consider this evening. She commented that after being associated with the City for 14.5 years she has never seen two Commissions being put in this spot, but the Planning Commission is there. She stated on a 4/1, vote with her being the dissenting vote, Council directed Staff to draft the text amendment and to consider a C.U.P. request from STLL that would allow them to display advertising signs in Freemen Park. She thought it would be appropriate for the Commission to attach their comments about not agreeing with allowing the signs to a recommendation for approval of the amendment, noting it's within the Commission's authority and right to do so. She stated the majority of the Council wants to establish a process for considering such signage requests. Mr. Eagan stated Director Nielsen's memo dated July 1, 2009, states "Unless the amendment is drastically revised, staff recommends approval of the CUP, subject to recommendations of the Park Commission." He asked what was trying to be accomplished this evening. It appeared to him that the Planning Commission was discussing something different then the text amendment itself III response to a cornment from Chair Geng, Park Commission Chair Norman reiterated the Park Commission wanted to receive feedback from Staff about its recommendations and concerns relating primarily to the st`_ 'c in 1' e Park Commission has not any formal action regaidi ~ 'lie amc.u ie or C.U.P., : .-A : .y ~vith the direction being Cc neil based on the Commissic _u's previous di, ssions about alloy g signs in the park. Chair Geng stated at this point there are no changes and modifications that are recommended by the Park Commission because that Commission has not voted on them. Director Nielsen explained the Park Commission made some suggestions and had a few questions that Staff can address. Geng expressed his discomfort with having the City become too involved with STLL's finances. He stated SILL is a non-profit athletic organization for youth. STLL has indicated its financial records can be reviewed by people. If there is some reason to think the money earned from sponsorship signs is being misappropriated then Council can address that through the licensing procedure. He expressed his hesitancy to complicate the amendment by requiring some type of financial oversight. Director Nielsen explained if a provision of that nature were to be agreed to, it would become part of the license agreement. Mr. Eagan stated STLL would be receptive to review of its financial records. In response to a comment from Commissioner Hutchins, Director Nielsen explained the provision requiring an annual license agreement is included in the text amendment. The license agreement can be discussed as part of the C.U.P. Chair Geng recommended the Planning Commission first recommend action on the text amendment in order to move the agenda along. Hutchins moved, Vilett seconded, reporting to the City Council that the Planning Commission has reviewed the draft text amendment to the City Code Chapter 1200 regarding temporary signage and the Commission has no recommendation to provide. In response to a question from Chair Geng, Commissioner Hutchins explained the intent of the motion is to provide feedback to the City Council that the Planning Commission has no recommendation with respect to this ordinance amendment. Motion passed 511 with Geng dissenting. Commissioner Gagne wanted it to be clear that the Planning Commission is not recommending anything be changed. Chair Geng closed the Public Hearing at 8:07 P.M. 2. 7:15 P.M. PUBLIC HEARING - C.U.P. - ADVERTISING SIGNS IN FREEMAN PARK, Applicant: South Tonka Little League Location: Freeman Parr- 6000 Eureka Road Chair Geng opened the Public Hearing at 8:07 P.M. There was confusion regarding what the Planning Commission should do about this agenda item being it made no recommendation about the text amendment which must be approved before a C.U.P. can be considered. Director Nielsen stated Council has directed this to be done. if Council should decide to adopt the text amendment there is the STLL C.U.P. request that must be considered. He asked if there is any thing the -10D PLANNING'-` ig Con an would way n regarding the C.U.P. which includes the license ag enent. In re posse to a cor-.n,. Js E exi,iained the Park Commission has made suggestions for changes to the license agreement e ever-- that Council adopts the text amendment. He noted the Park Commission made it very clear it does not like the idea of allowing signs in the City-owned parks. Park Commission Chair Norman stated the Park Commission has voted against allowing signs in the parks a number of months ago, but it has not recommended any action on the text amendment or C.U.P. Should Council adopt the amendment, the Commission wants Staff to revise the license agreement. Chair Geng stated the Planning Commission, if so inclined, could make a motion that includes some or all of the Park Commission's suggestions. Mr. Eagan asked if the indemnification language the Park Commission suggests be added to the license agreement is different then what is in the current draft of the agreement. Director Nielsen stated the current language relates to someone getting hurt. The Commission wants to include indemnification relating to theft or vandalism of the signs. The City Attorney would draft the additional indemnification language for the agreement. Director Nielsen stated it's clear the Planning Commission is in disagreement with Council. It's also clear that the Council is the policy maker and it has directed this policy to be done. It's up to the Planning Commission if it wants to weigh in on how it gets done. The Park Commission suggested a content provision and an indemnification provision about the signs be added to the license agreement, and it wants signs to be limited to the southerly three ball fields in Freeman Park. Hutchins moved, Gagne seconded, recommending the City Council not enact an ordinance amending Chapter 1200 of the City Code regarding temporary signage. Chair Geng stated he thought the motion was out of order because the Planning Commission has already passed a motion regarding the text amendment. The motion was to forward the text amendment to Council without any recommendation. The item being considered now is STLL's C.U.P. request. Director Nielsen explained the Planning Commission can recommend the C.U.P. request be approved, denied or approved with conditions. Commissioner Hutchins asked if the Planning Commission does not have authority to present a formal opinion to Council as to one of its actions. Director Nielsen stated it sounds as if Commissioner Hutchins would like to reconsider his motion about the text amendment, and rather then making no recommendation make one that recommends not adopting the text amendment. There was ensuing discussion about the motion passed during the public hearing for the text amendment, the motion just made during this public hearing for STLL's C.U.P. request and how to proceed. The two motions are both about the text amendment yet say different things. Without objection from the seconder, the maker of the motion withdrew the motion. Hutchins moved, Gagne seconded, reconsidering the motion reporting to the City Council that the Planning Commission has reviewed the draft text amendment to the City Code Chapter 1200 regarding temporary signage and the Commission has no recommendation to provide. Motion passed 6/0. ""OOD TPLIANNINIG, METING - +a . - C_ u s gnage. _ - v a p s 5/1 wv GE v s:-r_a Chair Geng suggested the Planning Commission consider the C.U.P. He asked the Commission how it wants to proceed. Director Nielsen suggested the Planning Commission take action on the C.U.P. If Council does not approve an ordinance amending the Code the action on the C.U.P. is a mute point. If Council approves an amendment, he asked if the Planning Commission wants to have any input on the C.U.P. The Commission can recommend the C.U.P. request be approved, denied or approved with conditions. Commissioner Vilett stated if Council approves an amendment she thought it prudent for the Planning Commission to provide input on the C.U.P. and license agreement in the event it's approved by Council. Park Commission Chair Norman stated that Commission was fairly confident Council would approve a text amendment and the C.U.P. Therefore, it wanted to have some input about the stipulations in the license agreement. He noted the Commission did not make a formal recommendation on either. Mr. Eagan stated he was confused and upset about where the request for advertising signs in Freeman Park is heading. He's surprised by the amount of time and money spent on the discussion. STLL has demonstrated it is a good partner with the City. It values that relationship and doesn't want to jeopardize it. He thought STLL clearly communicated what it needs and is looking for. He questioned why STLL didn't deserve a chance to try having sponsorship signage. He stated the City can evaluate the situation and determine how STLL fulfilled its commitments. If STLL doesn't perform well or if the residents are upset about the signs then the City can rescind the license agreement. Generating funds through sponsorships is about providing more 5 - 12 year old children with the opportunity to play baseball. As a Shorewood taxpayer he is upset about the time and money spent on discussing STLL's request. He thought there were a lot of families that participate in the STLL programs that are questioning what is occurring. STLL is asking for a one-year trial so the City and STLL can evaluate the sponsorship program. He expressed his disappointment with the Park Commission which is supposed to ensure the use of the parks is inclusive. He thanked the Planning Commission for its time, and he reiterated how much STLL appreciates the relationship it has with the City. Chair Geng again clarified the Planning Commission is a recommending body; Council sets the policy. Commissioner Ruoff stated he was not against STLL; it's about signs in the City-owned parks for him. The Planning Commission wants to convey to Council its position regarding signs in the parks. He expressed concern about other organizations wanting to have the same opportunity. Allowing STLL to display signs could set a precedent. Various commissions have fought for years to keep privatization out of the public systems. Mr. Eagan stated the license agreement is for one year. The impact of the signs could be re-evaluated if it becomes a problem. He questioned what the issue would have to be if the City had to enter into a one- year license agreement with another organization for a similar purpose. Chair Geng stated it was apparent that there are very strong feelings about this topic. D.ANNING CO Seeing resent is1 3 c< o ~timor~y z.: r IUn of the L iie Hearing at ~.S 4G `'hair Geng c - -nd closed the Public E_ °.ns moved, Gagne seconded, reconi denial of a 3r - i rl use permit for South Tonka Little League to display advertising signs on the fences in the b-ll fields in Freeman Park the League uses. Chair Gen- stated the Planning Commission has an opportunity to have input on the C.U.P. Should Council decide to pass it. He recommended the Commission provide input if they have any. Commissioner Gagne suggested any recommendations going forward should come from the Park Commission. Commissioner Hutchins questioned how the Planning Commission could be in support of the C.U.P. when it recommended against approving the text amendment. Chair Geng stated Council may well approve the amendment to the City Code, and it may also approve the C.U.P for SILL which includes the license agreement between the City and SILL. If the Planning Commission thinks the C.U.P. and license agreement are okay then there is no need to make any recommendations in the event they are approved. He suggested the agreement be modified to include liability and indemnification language about the signs. Commissioner Arnst asked if the Planning Commission could have two different motions, noting Commission Vilett has some recommendations for consideration in the license agreement. Motion passed 511 with Geng dissenting. Vilett moved, Arnst seconded, recommending that if the Council approves the text amendment to the City Code regarding temporary signage and is going to approve the conditional use permit for South Tonka Little League including the license agreement, then the agreement be revised to include a provision indemnifying the City from any theft or vandalism to the signs and a provision restricting the content on the signs. Motion passed 6/0. Chair Geng closed the Public Hearing at 8:45 P.M. Chair Gen- recessed the meeting at 8:45 P.M. Chair Gen reconvened the meeting at 8:52 P.M. SITE PLAN REVIEW - SUBWAY RESTAURANT PROPOSAL Applicant: Brian Carney (Carnco Properties LLC) Location: 5660 County Road 19 Director Nielsen stated Brian Carney, representing Carrico Properties, LLC, has expressed interest in the property at 5660 Manitou Road. Mr. Carney proposes dividing the existing building on the property. He'll use one half of it for a Subway restaurant and the other half will be a future leasable area. The property has 35,920 square feet in area. It is occupied by a 3000 square foot building, and there is paved parking in front of the building. Because the property is zoned C-1, General Commercial, the project is subject to site plan review by the Planning Commission and City Council. ""10D PLANNING MAIM- Nielsen reviewed the land use an - `Ae _ the east is County Road 19, they commercial in Tonka Bay which is zc,; : co-ii-e-'. To .,.i is a vacant gas station, to the west is the American Legion, and to the north i~ the Gideon Glen preservation open space, noting all three are zoned C-1, General Commercial. Nielsen explained the applicant proposes adding additional parking on the north and west sides of the building to accommodate the proposed uses. The northwest corner of the property is devoted to handling site drainage. Other than new entry doors on the east side of the building and a new window on the north side, the outside of the building remains mostly unchanged. With regard to the analysis of the case, Nielsen reviewed how the applicant's request complies with the requirements of the Shorewood Zoning Code: Land Use - Restaurants without drive-up facilities are permitted uses in the C-1 zoning district. The future leasable space cannot be used for additional restaurant space due to tack of parking. Building Setbacks - The existing building complies with the setback requirements of the C-1 District which are 30 feet on the front and rear and 15 feet on the sides. The existing building is 55 feet back from County Road 19, 17 feet from the south property line, 88 feet from the west property line and 97 feet from the north property line. Building Height - The existing building is one story and is less than 15 feet in height. The C-1 District allows buildings to be three stories or 40 feet in height. Parking - The Zoning Code requires 51 parking spaces for the proposed use with 44 of them for the restaurant and seven for the future space, anticipating a retail operation. The original site plan included 54 spaces. The parking lot did not comply with the five-foot setback requirement on the south side. The revised plan eliminates the three southernmost spaces to resolve the setback issue, and another one is eliminated for use by an enclosed trashed area. The plans do not indicate how loading will be accomplished. It's anticipated that loading and trash removal will involve trucks backing in. Building Construction - The existing building is consistent with the standards set forth in Section 1201.03 Subd. 7.c. of the Zoning Code. 6. Landscaping - The landscape plan, for the most part, eliminates all of the trees on the site to accommodate parking and drainage improvements. Some trees on the back of tine site will be saved. A number of the trees that will be lost are Cottonwood trees and they are not protected under the City's Shorewood Tree Preservation and Reforestation Policy. The Cottonwood trees are the most noticeable because of their size. The original landscape plan was very sparse in terms of replacement. The pending that is required for the amount of parking that is proposed is going to involve grading along the entire north edge of the property. The applicant has submitted a revised landscape plan which is drastically improved. Screening and buffering has been added on the north side of the site. Room was left to allow for access to the pending facility. The County Road 19 Corridor Study calls for decorative landscaping in front of business sites and E°> at the rear of the sites. The revised plan shows landscaping in the til also shows landscaping in the Hennepin Country easement area; if tl Country allows that the plants should be salt tolerant. Staff recommends approval of the revised landscape plan. 7. Grading and Drainage - The City Engineer indicates there is an apartment building down stream from the site which has expressed concerns about drainage issues after storms. Therefore, the Engineer recommends that any of the new storm water created because of the additional hardcover associated with this request property be stored on site. The Engineer has stated the original site plan did not meet stormwater rate or volume control requirements. The most recent site plan proposes the stormwater drainage be conducted to the northwest corner. A small pending area is proposed for that area. The water will be held back by something similar to a berm and work somewhat like a dam. A pipe would allow the overflow water to flow into a drainage system on the American Legion property which drains into Gideon Glen which in turn drains into Lake Minnetonka. The applicant proposes 2:1 slope on the back side of the "berm". The Engineer has expressed discomfort with trying to hold back water with a feature that has a 2:1 slope. It's a more common practice to have a 3:1 or even 4:1 slope. As of yet, the applicant has not addressed the rate control issue. There is a ponding area on the American Legion property. Staff suggests the applicant consider expanding that pending area onto the applicant's property and have a weir structure separate the applicant's stormwater from the Legion's stormwater, thereby eliminating the large barrel structure shown on the original site plan. By doing this the applicant would be able to get the 2:1 slope to occur at the back the parking lot and the water would not be held by the steep slope. Nielsen stated a new site plan had been submitted earlier in the day. Staff and the City Engineer recommend the concept be approved subject to the drainage concerns being addressed. Nielsen stated Mr. Carney was present this evening to answer any questions the Planning Commission may have. In response to a question from Commissioner Hutchins, Director Nielsen explained the City's parking requirements for a fast-food restaurant are based on the combined square footage of the dining area and kitchen area. In response to a comment from Hutchins, Nielsen explained the parking requirements are in line with what other cities have and with what other sources indicate they should be. In response to a question from Commissioner Ruoff, Director Nielsen explained the footprint of the structure will not change in size. In response to a comment from Ruoff, Nielsen explained the parking requirements for the Subway and some type of retail space are 51 spaces. The applicant's most recent plan reflects 50 spaces. The applicant should be able to find a different solution for the enclosed trash area and thereby free up another parking space. Mr. Carney stated he was relying on the expertise of the engineer he hired to prepare the plan. It's unfortunate that the City Engineer and the engineer he hired are not in agreement. He expressed his commitment to trying to make this work. He commented the parking requirements seemed high for such a small building, while noting a successful Subway can have 30 - 40 cars at it during the lunch hour. Director Nielsen explained the alternatives the Planning Commission has with regard to this site review. It can recommend it be approved, be denied, or approved with conditions. for example, the Commission can recommend approval subject to the applicant working with the City Engineer to resolve the Engineer's drainage concerns. The Commission can also request to review the site plan once it has been revised to address the drainage concerns. He noted that the revised site plan does not comply with the five-foot setback requirement on the south side, noting bringing it into compliance should not drastically affect the layout. In response to a comment from Commissioner Gagne about the dirt between the building and the old gas station structure, Director Nielsen explained the City issued a permit to the American Legion to demolish the old gas station. The dirt is to fill in and level out the gas station site. The Legion has another pile of dirt on a vacant site it owns. Commissioner Gagne asked why the City has not chosen to take the initiative to redevelop the entire northwest corner of the County Road 19 and Smithtown Road intersection. Director Nielsen explained the City's Comprehensive Plan indicates the City would prefer to have that area redeveloped as a cohesive planned development. The Plan also indicates the City znay be willing to consider incentives such as tax increment financing to help a developer develop the entire area. There has been a reasonable amount of interest expressed in developing the area, but developers gave up on pursuing that when some of the land owners wanted to sell their properties for much more then the property was worth. Gagne commented there are cities that acquire such properties and demolish the structures on them. Nielsen stated lie did not foresee the City doing that, in part because of budget constraints. Arnst moved, Hutchins seconded, recommending concept approval of the site plan for Brian Carney (Carneo Properties LLC), 5660 County Road 19, subject to the drainage concerns being resolved to the City Engineer's satisfaction. Motion passed 6/0. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated there is consideration of a plat, which entails the rearrangement of lots, scheduled for the 4 August 2009 Planning Commission meeting. There may be also study session and that portion of the meeting will be devoted to a continued review of the Comprehensive Plan Planning District Area Plans. Director Nielsen stated he had sent out an e-mail to the Planning Commission regarding possibly scheduling a neighborhood meeting for 29 September 2009, noting he was waiting to hear back from all the Commissioners. 6. REPORTS Liaison to Council Council Liaison Turgeon reported on matters considered and actions taken at the 22 June 2009 Regular City Council meeting (as detailed in the minutes of that meeting). NINING 0 SLTC Commissioner Arnst and Director Nielsen stated they attended the June 24, 2009, Sensible Land Use Coalition program titled Bruce Malkerson and David Sellergren - Unplugged. They both thought the program was very informative and entertaining. Other Commissioner Gagne stated he would serve as the Liaison to the Council for the July 27, 2009, City Council regular meeting. 7. ADJOURNMENT Vilett moved, Arnst seconded, Adjourning the Planning Commission Meeting of 21 July 2009 at 9:23 P.M. Lotion passed 6/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Department: Planning Council Meeting: 3/24/03 item Number: From: Brad Nielsen, Planning Director Item Description: Draft Ordinance Amendment -Advertising Signs in Parks Background / Previous Action At its 11 May regular meeting the City Council voted to deny a request by South Tonka Little League for a zoning text amendment that would allow commercial advertising signs on ball field fences in City parks. At a subsequent meeting, having learned that the City was not able to draft an ordinance allowing something not provided for in the Code, the Council initiated its own application to amend the Code. Upon staff's recommendation, the approach was to amend the Code, establishing a conditional use process. A key element of the CUP would be an annual license agreement between the sports organization and the City. The amendment was first forwarded to the Park Commission for consideration at its 14 July meeting. They continued the matter to their 11 August meeting, asking staff to address three areas of concern. The Planning Commission then held a public hearing on 21 August, at which time they recommended against amending the Code. They also recommended against granting a CUP, but followed up with a recommendation that if the Council went forward with the amendment and CUP, it should address the concerns raised by the Park Commission (see 21 July Planning Commission minutes). The Park Commission met again on 11 August, at which time a motion to approve the draft amendment failed to pass on a 1/3 vote (see 11 August Park Commission minutes). A motion recommending denial of the CUP/license agreement passed 4/0. Options Adopt the Code amendment, direct staff to revise the amendment, or vote not to adopt the amendment. Depending on which option is chosen, staff should be directed to prepare a resolution either approving or denying a conditional use permit. Staff Recommendation The draft amendment is staff s response to Council's earlier direction to amend the Code. If the Council adopts the amendment, staff should be directed to prepare a resolution and license agreement for the 14 September meeting. Council Action: - 5755 COUNTRY CLUB ri&--0 ~ ShOh EVvuOD, PvitodNESOTA 55331-3927 ~ (952) 474-32361 FAX (952) 474-0128 a www.d.shorewood.mmus ® dtyhall@ci.shorewood.mn.us MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DA'T'E: 1 July 2009 RE: STLL - Zoning Text Amendment and CUP for Advertising Signs on Ball Field Fences FILE NO. 405(09.01) On 1.1 May of this year, the City Council adopted a resolution denying a request by South Tonka Little League for an amendment to the Shorewood Zoning Code that would allow advertising signs to be placed on ball field fences. Both the Planning and Park Commissions had previously recommended against such an amendment. The Council then directed staff to explore the possibility of allowing the signs through some sort of contract with STLL. Staff determined that, while a contractual agreement could be drafted, it still requires an amendment to the Zoning Code setting forth the authority to execute such a contract. The Council directed staff to draft a tightly written amendment to the Code that would include a license agreement setting forth the conditions of approval. This amendment is initiated by the Council. Given this direction, staff has suggested an approach whereby a conditional use process would be established (see draft amendment - Exhibit A, attached) listing the very narrow circumstances under which signs would be allowed in the parks. One of the conditions requires the applicant to enter into an annual license agreement with the City (see draft agreement - Exhibit B, attached). This gives the City greater control than just the CUP. There is no vested right in the license from year to year, and if the City decided against allowing the signs in the future, it would simply not issue a license. It should be noted that the amendment adds to the provisions that allow temporary signs. The proposed text is shown in italics on Exhibit A. Paragraph (b) includes several conditions of approval, of which the following are highlighted: 0 PRINTED ON RECYCLED PAPER Memorandum Re: Zonlng Text A -id CUP - Signs in Parks 1 July 2009 • Placement of signs is limited to Freeman Park (this is the only park classified as a community park its the Comprehensive Plan) • Staff suggests that the backs of the signs be colored/painted dark green • The license must be applied for annually ® The licensee must pay permit fees for individual signs Although the City has initiated this amendment, it still requires STLL to obtain a conditional use permit, pursuant to the new provisions of the amendment. Consequently, two public hearings are scheduled for Tuesday night's meeting the first to consider the amendment and the second to consider the specific CUP. Since the amendment was drafted based on the STLL request, they are obviously consistent with the provisions. Unless the amendment is drastically revised, staff recommends approval of the CUP, subject to recommendations of the Park Commission. The amendment and CUP application are scheduled for their 14 July meeting. Cc: Park Commission Brian Heck Mary Tietjen Kristi Anderson Kyle Heitkamp -2- -P-T- CITY Or S « ` "WOOD ORDINANC,~ . AN ORDINANCE AMENDING CHAPTER 1200 OF THE S WOOD CITY CODE (ZONING) REGARDING TEMPORARY SIGNS Section 1. Section 1201.03 Subd. I l.c.(4) of the Shorewood City Code is hereby amended to read as follows; "(4) Temporary Signs. (a) The temporary use of signs, searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten consecutive days. The permit shall be prominently displayed during the period of validity. Only two temporary permits may be granted for any property within any 12-month period. Temporary signs shall not exceed 32 square feet in area. Any new business that has applied for its permanent business sign may, at the same time, apply for a temporary business sign to be displayed for no longer than 30 days, or until the permanent sign has been erected, whichever comes first. The temporary business sign shall be professionally prepared and shall be no larger than the approved permanent sign. (b) A conditional use permit may be granted to nonprofit athletic associations, contracted with the City pursuant to Section 902.06 of this Code, for the display of temporary business sponsorship signs to be placed on certain ball field fences on public property, provided that: (i) A nonprofit athletic association under contract with the City may display signs only on facilities that have been reserved for° its use. (ii) Signs may be displayed only in a Community Park, as defined in the Shorewood Comprehensive Plan. (iii) Signs may be displayed only on outfield fences, facing into the ball field, and situated so as to minimize view of the signs from adjacent residential properties. (iv) All signs must be professionally made, using durable weather resistant material, painted or colored dark green on the back side of the sign. (v) Signs are limited in size to no larger than 42 inches in height and seven feet in length. (vi) There shall be a minimum spacing between signs of seven feet. Exhibit A (vii) Td Aber ball f eld is 15. (viii) The nonprofit athletic asso -7, ion is responsible for maintaining the signs in good ;-°epair. If a sign become detached, torn, or vandalizes the association must repair or replace them immediately or the sign will be summarily removed by the City. (ix) The nonprofit athletic association is responsible for any damage to the fence on which it is displayed that is caused by installation or display of the sign. (x) The conditional use permit is subject to review and recommendation by the Shorewood Park Commission. (yi) The nonprofit athletic association must obtain an annual license from the City and enter into a license agreement setting forth the conditions of approval and the duration of the approval. The association shall pay an annual license fee as established by the City Council from time to time. The association shall have no vested right in obtaining licenses from season to season. (xii) It shall be the responsibility of the nonprofit athletic association to obtain a temporary sign permit for each sign to be displayed on ball field fences, prior to erecting the sign. " Section 2. 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 day of 2009. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -2- LICENSE, ~ . . THIS AGREEMENT, is made this day of 7 2009, by and between the City of Shorewood, a Minnesota municipal corporation (the "City") and South Tonka Little League, a Minnesota non-profit corporation (hereinafter called "Licensee"). RECITALS A. The City is the owner of Freeman Park located in the City of Shorewood, State of Minnesota (the "Park Property"). The Park Property contains a Little League baseball field that has outfield fences ("Outfield Fences"), the location of which are shown on attached Exhibit A. B. Section 1201.03 (4)(b) of the City Code allows nonprofit athletic associations, con- tracted with the City pursuant to Section 902.06 of the City Code to place temporary business spon- sorship signs on certain outfield fences on public property, subject to obtaining a conditional use permit from the City. C. Licensee desires to install and maintain signs on the Outfield Fences. D. The City has granted Licensee a conditional use permit to install and maintain signs on the Outfield Fences, subject to Licensee entering into this Agreement. E. The City is willing to grant Licensee a license to install and maintain signs on the Out- field Fences, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of License. Subject to the terms and conditions hereof, the City hereby grants Licensee a revocable license to use the Outfield Fences during the term of this Agreement, for the purpose of installing and maintaining no more than 15 signs. Licensee accepts the Outfield Fences and Park Property AS IS and WHERE IS with all faults and defects. 2. Term of License. This is an annual license. The term of this Agreement and the li- cense granted under Paragraph 1 hereof, shall commence on the date that this Agreement executed by the parties and shall terminate on 3. License Fee. Licensee shall pay the City the sum of $ as the fee due and payable to the City in consideration for this Agreement. This license fee is due and payable to the City by Licensee, whether or not Licensee installs Licensee's signs upon the Outfield Fences, and regardless of the actual length of the term of this Agreement. 353945v1 SJS SH230-42 1 Exhibit B 4. Sign euire ants, (a) Licensee shall use the Outfield Fences only for purposes of displaying not more than 15 signs and for no other purpose. (b) All signs must be spaced at least seven feet apart. (c) All signs must face into the ball field and be situated on the fences so that the view of the signs is minimized from adjacent residential properties. (d) Licensee shall be responsible for applying for and obtaining a temporary sign permit from the City for each of the signs. (e) Each sign's dimensions must not be greater than 3.5 feet in width and seven feet in length. (f) All signs must be professionally made, using durable weather-resistant material. (g) All signs must be either painted or colored dark green on the back sign of the sign. (h) Licensee shall install the signs in a good and workmanlike manner and at Licensee's sole cost and expense and in accordance with all applicable laws and ordinances. Li- censee shall be responsible for any damage to the fence that is caused by the installa- tion or display of the sign. (i) Licensee shall be responsible for any damage that is caused to the Outfield Fences or the Park Property due to Licensee's installation or display of the signs. Licensee shall be responsible for replacing Licensee's signs, in the event that they are damaged from any cause whatsoever. If Licensee fails to immediately maintain the signs or remove damaged signs, the City may remove the signs without providing notice to Licensee. (j) Licensee shall, at Licensee's sole expense, keep and maintain the signs in good condi- tion and repair. 5. Destruction and Restoration. If any or part of the Outfield Fences or the Park Prop- erty is damaged by any casualty, or is affected by any Act of God, whether insured or uninsured, the City shall have no obligation to repair or rebuild the Outfield Fences or other improvements on the Park Property. Licensee will have the option, but not the obligation, to rebuild or repair or to termi- nate this Agreement by exercise of written notice to the City. 6. Indemnity and Insurance. (a) Licensee shall defend, indemnify, and save the City harmless from and against any and all claims, demands, suits, liabilities, costs or expenses, including reasonable at- torneys' fees, incurred or suffered by reason of injury to or death of any person, or loss or damage to property which arise or are caused, directly or indirectly, by Licensee's 353945v1 SJS SH230-42 2 (b) Licensee shall maintain in force during the term of this Agreement, a policy or policies of general liability insurance with a combined single limit of not less than $1,500,000.00 insuring Licensee against bodily injury and property damage occurring on the Park Property in connection with Licensee's exercise of its rights under this Agreement, and naming the City as an additional insured thereon. Licensee shall promptly provide the City with a certificate of insurance evidencing such coverage, before the initial installation of Licensee's signs and thereafter throughout the term of this Agreement. 7. Default. The following events are deemed to be events of default by Licensee under this Agreement: (a) Licensee does or permits to be done anything which creates a lien of record upon the Park Property; and does not cause said lien to be released within 10 days after written notice from the City; or (b) Licensee fails to comply with any other provision of this Agreement and has not cured any failure within 10 days, or such longer period of time as may be reasonably re- quired to cure such default, after the City, by written notice, has informed Licensee of such noncompliance. Upon the occurrence of any of the above events of default, the City may without providing a notice of termination, or without affording Licensee an opportunity to cure (except as to matters which the right to clue is specifically given in this Agreement), may notify Licensee of such default and may, with such notice, retake possession of the Outfield Fences. 8. Notice. Any notice to be given to a party pursuant to this Agreement shall be given as follows: If to the City: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8926 Attention: City Administrator If to Licensee: South Tonka Little League, Inc. 6240 Cypress Drive Excelsior, MN 55331 Attention: 353945v1 SJS SH230-42 3 Any notice which is required under this Agreement will be deemed "given" upon hand deli- very or three days after prepaid posting in the U.S. Mail whichever occurs first. 9. Assignment. Licensee shall not assign its interest under this Agreement or sublicense the Outfield Fences, or any part thereof, without prior consent of the City. 10. No Property Interest. This instrument is not a lease, creates no landlord-tenant rela- tionship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 11. Liens. Licensee agrees not to suffer or allow any liens to be placed against the Park Property as a result of Licensee's activities during the term of this Agreement, including, without li- mitation, any liens for labor or materials provided for any repair, maintenance, modification, altera- tion or construction of the signs. 12. Surrender of Property. At the expiration or termination of this Agreement, Licensee shall remove all signs and devices attaching the signs from the Outfield Fences. All items not re- moved will be forfeited to and be deemed the exclusive property of the City. 13. Governing Law. The laws of the State of Minnesota will govern the validity and in- terpretation of this Agreement. 14. Binding Effect. This Agreement constitutes the full and final agreement of the parties hereto and may not be amended or changed except by a written instrument executed by both parties hereto. The terms of this Agreement shall bind and benefit the parties hereto and their respective permitted successors and assigns. [The remainder of this page is intentionally left bank] 3539450 SJS SH230-42 4 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date first above written. CITY OF SHO EWOOD By: Its By: Christine Lizee Mayor Brian Heck Its: City Administrator LICENSEE By: Its: 353945v1 SJS S14230-42 IPIrT A Location of ~ A Fences Ito bek adde 353945vI SJS SH230-42 7 b755 COUNTRY CLUB HOAD SriC)HLWOOD, MINNESOTA 55331-8927 ® (952) 474-3236 FAX (952) 474-0123 - www.ci.shorewood.mn.us - cityhaII@ci.shorewood.mn.us MEMORANDUM TO: Park Commission FRONT: Brad Nielsen DATE: 6 August 2009 RE: STLL - Signs in Parks FILE NO. 405(09.04) At its last meeting the Park Commission continued discussion of the signs in parks issue to 11 August, pending some research by staff relative to the CUP and the proposed license agreement. The items questioned by the Commission have been incorporated into a revised license agreement, which is attached for your review. Most significantly, the City can dictate content in this case, because it is our property. The indemnification provision has been revised, and staff will include in the amendment and the CUP an overall height provision (five feet). Since Park Commission review, the Planning Commission held a public hearing on the matter, after which they voted not to recommend the amendment. Relative to the CUP, they recommended that if the amendment were to be approved, the CUP should address the items raised by the Park Commission. Due to a previous commitment, I will not be at the meeting on Tuesday night. If issues arise that cannot be answered by Kristi Anderson, this item could be continued to your next meeting. Please do not hesitate to contact me on Monday by phone or e- mail if you have questions. Cc: Kristi Anderson Twila Grout Kyle Heitkamp PRINTED ON RECYCLED PAPER LICENSE AGREEMENT THIS AGREEMENT, is made this day of 9 2009, by and between the City of Shorewood, a Minnesota municipal corporation (the "City") and South Tonka Little League, a Minnesota non-profit corporation (the "Licensee") RECITALS A. The City is the owner of Freeman Park located in the City of Shorewood, State of Minnesota (the "Park Property"). The Park Property contains a Little League baseball field that has outfield fences ("Outfield Fences"), the location of which are shown on attached Exhibit A. B. Section 1201.03 (4)(b) of the City Code allows nonprofit athletic associations, con- tracted with the City pursuant to Section 902.06 of the City Code to place temporary business spon- sorship signs on certain outfield fences on public property, subject to obtaining a conditional use permit from the City. C. Licensee desires to install and maintain signs on the Outfield Fences. D. The City has granted Licensee a conditional use permit to install and maintain signs on the Outfield Fences, subject to Licensee entering into this Agreement. E. The City is willing to grant Licensee a license to install and maintain signs on the Out- field Fences, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of License. Subject to the terms and conditions hereof, the City hereby grants Licensee a revocable license to use the Outfield Fences during the term of this Agreement, for the purpose of installing and maintaining no more than 15 signs. Licensee accepts the Outfield Fences and Park Property AS IS and WHERE IS with all faults and defects. 2. Term of License. This is an annual license. The term of this Agreement and the li- cense granted under Paragraph 1 hereof, shall commence on the date that this Agreement executed by the parties and shall terminate on 3. License Fee. Licensee shall pay the City the sum of $ as the fee due and payable to the City in consideration for this Agreement. This license fee is due and payable to the City by Licensee, whether or not Licensee installs Licensee's signs upon the Outfield Fences, and regardless of the actual length of the term of this Agreement. 353945vl SJS SH230-42 4. Sign euire ents. (a) Licensee shall use the Outfield Fences only for purposes of displaying not more than 15 signs and for no other purpose. (b) All signs must be spaced at least seven feet apart. (c) All signs must face into the ball field and be situated on the fences so that the view of the signs is minimized from adjacent residential properties. (d) Licensee shall be responsible for applying for and obtaining a temporary sign permit from the City for each of the signs. (e) Each sign's dimensions must not be greater than 3.5 feet in width and seven feet in length. (f) All signs must be professionally made, using durable weather-resistant material. (g) All signs must be either painted or colored dark green on the back sign of the sign. (h) Licensee shall install the signs in a good and workmanlike manner and at Licensee's sole cost and expense and in accordance with all applicable laws and ordinances. Li- censee shall be responsible for any damage to the fence that is caused by the installa- tion or display of the sign. (i) Licensee shall be responsible for any damage that is caused to the Outfield Fences or the Park Property due to Licensee's installation or display of the signs. Licensee shall be responsible for replacing Licensee's signs, in the event that they are damaged from any cause whatsoever. If Licensee fails to immediately maintain the signs or remove damaged signs, the City may remove the signs without providing notice to Licensee. (j) Licensee shall, at Licensee's sole expense, keep and maintain the signs in good condi- tion and repair. (k) Signs advertising alcohol, tobacco, or products of a sexual nature are prohibited. 5. Destruction and Restoration. If any part of the Outfield Fences, the Park Property or any sign posted on the Outfield Fences is damaged by any act of vandalism, casualty, or other means or is affected by any Act of God, whether insured or uninsured, the City shall have no obligation to repair such damage. Licensee will have the option, but not the obligation, to rebuild or repair or to terminate this Agreement by exercise of written notice to the City. 6. Indemnity and Insurance. (a) Licensee shall defend, indemnify, and save the City harmless from and against any and all claims, demands, suits, liabilities, costs or expenses, including reasonable at- 353945vl SJS SH230-42 2 (b) Licensee shall maintain in force during the term of this Agreement, a policy or policies of general liability insurance with a combined single limit of not less than $1,500,000.00 insuring Licensee against bodily injury and property damage occurring on the Park Property in connection with Licensee's exercise of its rights under this Agreement, and naming the City as an additional insured thereon. Licensee shall promptly provide the City with a certificate of insurance evidencing such coverage, before the initial installation of Licensee's signs and thereafter throughout the term of this Agreement. 7. Default. The following events are deemed to be events of default by Licensee under this Agreement: (a) Licensee does or permits to be done anything which creates a lien of record upon the Park Property; and does not cause said lien to be released within 10 days after written notice from the City; or (b) Licensee fails to comply with any other provision of this Agreement and has not cured any failure within 10 days, or such longer period of time as may be reasonably re- quired to cure such default, after the City, by written notice, has informed Licensee of such noncompliance. Upon the occurrence of any of the above events of default, the City may without providing a notice of termination, or without affording Licensee an opportunity to cure (except as to matters which the right to cure is specifically given in this Agreement), may notify Licensee of such default and may, with such notice, retake possession of the Outfield Fences. 8. Notice. Any notice to be given to a party pursuant to this Agreement shall be given as follows: If to the City: City of Shorewood 5755 Country Club Road Shorewood, Mimlesota 55331-8926 Attention: City Administrator If to Licensee: South Tonka Little League, Inc. 353945vl SJS SH230-42 6240 Cypress Drive Excelsior, M-N 55331. Attentions Any notice which is required under this Agreement will be deemed "given" upon hand deli- very or three days after prepaid posting in the U.S. Mail whichever occurs first. 9. Assignment. Licensee shall not assign its interest under this Agreement or sublicense the Outfield Fences, or any part thereof, without prior consent of the City. 10. No Property Interest. This instrument is not a lease, creates no landlord-tenant rela- tionship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 11. Liens. Licensee agrees not to suffer or allow any liens to be placed against the Park Property as a result of Licensee's activities during the term of this Agreement, including, without li- mitation, any liens for labor or materials provided for any repair, maintenance, modification, altera- tion or construction of the signs. 12. Surrender of Property. At the expiration or termination of this Agreement, Licensee shall remove all signs and devices attaching the signs from the Outfield Fences. All items not re- moved will be forfeited to and be deemed the exclusive property of the City. 13. Governing Law. The laws of the State of Minnesota will govern the validity and in- terpretation of this Agreement. 14. Binding Effect. This Agreement constitutes the full and final agreement of the parties hereto and may not be amended or changed except by a written instrument executed by both parties hereto. The terms of this Agreement shall bind and benefit the parties hereto and their respective permitted successors and assigns. [The remainder of this page is intentionally left bank] 353945v1 SJS SH230-42 4 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date first above written. CITY OF SHOREWOOD By: Christine Lizee Its: Mayor By: Its: Brian Heck City Administrator LICENSEE By: Its: 353945vl SJS SH230-42 5 EXHIBIT A Location of Outfield Fences 'tO be lddCd' 353945v1 SJS SH230-42 BTU- - - n )5 r~,._ - d F. Report on ei _ ~ Grant Program Anderson explained that Administrator Heck had forwarded a grant program for review. She indicated that the Mn Amateur Sports Commission would be administering the grants and that they were to be considered on a first come first served type basis. To that end, Anderson stated that she shared the concept with the sports organizations at the fall sports meeting and that the hockey association jumped at the chance to partner and improve the rinks in Shorewood. In addition, Anderson stated that she proposed several other options for consideration, including astro -turf tennis courts and other recreational amenities. She stated that , l _ile there were other priorities that the Commission wished to focus on for 2010, const-, L I CI II, f shelters were not `active' recreation and would not be considered for the grant pro.(-, r.i m \ i i 1erson stated that she would update the Commission as she moved forward with Mr. Staw- I:i. Chair Norman suggested Anderson consider other add I tIoi is like updated fencing at the ball fields and bleachers at Freeman, Badger and Cathcart. Davis commented that it would be nice if this campaign were ~,n unguing annual grant opportunity the City could apply for each year and eneoura«ed staff to see if it will be ongoing. 6. CONTINUED FROM JULY 14, 2009 MEETING - REVIEWING AMENDMENT AND CONDITIONAL USE PER-NI IT FOR LITTLE LEAGUE SIGNAGE AT BALL FIELDS Chair Norman shared the pivl~k)sckl changes witli the Commission for their review, many of which were originally posed 1, t1ic Park Commi, On itself at their previous meeting. He stated that although he did n ot Ll rc , i i (i the direction t I )c Ci icy Council was moving, it was moving forward with or without t l i~2 ( , m n in d I i ~ ~ Ould at least prefer to have the wording covered and r i <tk rr t'n r~ 1 s 111 for the ('i ty should this fail miserably. Robb c~:1i(,,:J Chair Noi:tii,iti'> Chair Nori»an added that he vv ould like to consult the little league books on an annual basis to ensure that the iiwney is stavi n.- within Shorewood. Edmondson moved, Davis seconded, approving the Zoning Code Amendment allowing signs on the fencing. Motion failed 1/3, Davis, Norman, and Robb dissenting. Davis moved, Robb seconded, denying the approval of the License Agreement allowing signs on the ball park fencing. Motion passed 4/0. 7. REVIEW AND APPROVE SIGNAGE FOR THE PARKS Anderson presented the Commission with a sample faux polystyrene stone provided by Duane DuMont for their consideration. She noted that it was difficult to obtain comparisons for the stone, as the other contractors did not offer a poly faux stone, but instead offered a faux stone CITY OF SHOREWOOD PA COMMISSION MEETING TUESDAY, JULY 14, 2009 5755 COUNTRY CLUB SHOREWOOD CITY ALL 7:00 P.M. MINUTES CONVENE PA COMMISSION MEETING A. Roll Call Present: Chair Norman; Commissioners Davis, DeMers, Quinlan, Robb, and Edmondson Late arrival City Council member Bailey; and Park Coordinator Anderson Absent: Commissioner Trent B. Review Agenda Davis moved, Quinlan seconded, approving the Agenda as submitted. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Park Tour Minutes of June 9, 2009 Quinlan moved, Robb seconded, approving the Park Tour Minutes of June 9, 2009, as presented. Motion passed 6/0. B. Park Commission Meeting Minutes of June 9, 2009 Edmondson moved, Davis seconded, approving the Regular Minutes of June 9, 2009, as submitted. Motion passed 6/0. 3. MATTERS FROM THE FLOOR There were none. 4. REVIEW AMENDMENT AND CONDITIONAL USE PERMIT FOR LITTLE LEAGUE SIGNAGE AT BALL FIELDS - (Planning Director, Brad Nielsen) Planning Director Nielsen explained that the Council directed staff to draft a tightly written amendment to the Code that would include a license agreement setting forth the conditions of approval. Staff suggested a conditional use process be established listing the circumstances under which signs would be allowed in the parks. One of the conditions requires the applicant to enter into an annual license agreement with the City. This gives the City greater control than just the CUP, In addition, Nielsen stated that there is no vested right in the license from year to year, and if the City decided not to allow signs in the parks in the future, it would simply not issue a license. Nielsen indicated that the placement of signs would be limited to Freeman Park, the one and only community park, that the backs of the signs must be colored dark green, the license must be applied for annually, and that the license must pay permit fees for each individual sign. Is y Nielsen summarized the porary sign ordinance changes, noting that each individual sign would require a $20 permit fee I an annual license fee of somewhere around $150 would be required to apply far the permits. He asked the Commissioner for their input. Edmondson reiterated that signs be allowed only in Freeman Park, the City's only Community Park, and not in the smaller neighborhood parks. He asked to be consulted with regard to the paint choices chosen for the back side of the mesh signs. In addition, Edmondson suggested the City be allowed to review the types of advertising allowed on the signs. He did not want to see inappropriate advertising for liquor or tobacco in the parks. Nielsen stated that the City could not really get into or limit the content of the advertising, due to freedom of speech. He indicated that the Ordinance must remain content neutral. Chair Norman stated that he would put the question to the City Attorney. He indicated that advertising is generally exempt from freedom of speech laws and maintained that the City should have a say over what is posted. Nielsen stated that he would run the question by the City Attorney and have information to provide the Planning Commission at their upcoming meeting. As the advertising is on City property and in view of children, the City might have content prevue. Robb agreed content was a big concern. He asked if the signs would be up all summer. Anderson stated that the signs should generally take a hiatus mid July to mid August during the off- season. Chair Norman reiterated his position that he did not agree with signs in the public parks. He did not like the direction this was going allowing commercial signage in mixed use public spaces. He also asked to see the financial accountability piece incorporated into the documents. If the little league is going to make money off of the public space, he wanted to have a record of where it goes. Norman stated, given the fact that, the little league came to the City originally looking for ways to fund scholarships, he felt it reasonable to see an accounting of whether that is where the money goes. Davis added that there should be a piece with regard to indemnification against theft. She stated that, she too, was very concerned about content and felt it was an inappropriate invasion of the public space. Having disregarded what both the Park and Planning Commission's had recommended, she felt the City Council was opening a flood gate of issues. Davis stated she had a real disconnect with what the little league originally said they needed money for and the direction she heard them going during the park tour, building new batting cages and potentially a new concession stand. Quinlan asked whether the City could differentiate between the two ends of Freeman park. He felt the City was on a slippery slope. Nielsen stated that he could not differentiate between the ends of Freeman nor between sports programs, although the other organizations had not expressed an interest at this time to pursue advertising. Nielsen stated that if the neighborhoods express concern and enough complaints come in, the whole process could be unraveled as created now. PAR TUESDA PAGE 3 v Davis moved, Quinlan seconded, asking Nielsen to incorporate the Park Commission ch - -es including indemnification for theft, content purview, financial accountability, color, s'ze a , -fight of signs into the documents. In addition, she stated that the Park Commission, in general, Foes not support the City Councils initiative for advertising on the fences, but in an effort to compromise would review the revised document at its August meeting. Motion passed 6/0. Bailey interjected that the City Council approved 4/1 to go forward with the concept. He viewed the issues as aesthetics versus legal, and did not see a legal problem utilizing the facilities this way. He felt there was great synergy in the relationship, these sports organizations serve community and the local businesses appreciate a way to reach their customer base. Bailey believed staff had attached sound restrictions to ensure the public interest and that the signs themselves provide a lively decoration in the ball parks. 5. REPORTS A. Report on City Council Meeting of July 13, 2009 Bailey stated that the only park relevant item concerned the Community Center request by CRR's Director Anderson for funding to update flooring and painting throughout. B. Update on Park Signs Anderson stated that she had provided the park sign designs to other contractors for additional bids. She stated that the original contractor had provided her with pricing for real stone faced pillars and a faux stone limestone center which was approximately twice the cost of the polystyrene signs which came in at $4000-5000. Robb passed around a photograph of the Randy's Sanitation sign from Delano and stated that the sign was very attractive. Anderson stated that she would return with a recommendation at the next meeting as well as a sample of the polystyrene stone for the Commission to view firsthand. C. Spring Survey Results Anderson shared the spring survey results from the ongoing online survey monkey survey and asked for comment. The Commissioners were intrigued by the results and encouraged staff to come back in August with a proposed fall survey for review. They asked Anderson to try to take a different approach in an effort to keep the survey interesting. With regard to interconnectivity, they suggested a question asking where folks might like to see additional trails within the park system, or where they like and walk currently. D. Update on Manor Pond Chair Norman reported that about 30 people from the Manor Park neighborhood, the Mayor, and Dick Osgood from the DNR, met at Manor Park prior to the evening meeting to discuss the conditions of the Manor Park pond. It was the opinion of many of the neighbors that the quality, appearance, and condition of the pond had deteriorated significantly over the past few years and they wished to see what could be done. Department Engineering Council Meeting 08/24/09 Item Number: From: James Landini, P.E. Item Description: Award Contract for Harding Ave, Lane Smithtown Lane Background / Previous Action Exhibit A is the Bid Tabulation for the 2009 Smithtown Lane, Harding Avenue, and Harding Lane Road Reconstruction and Utility Improvements. City Project No. 09-02, 09-03. Bids were opened and tabulated on August 19, 2009. The low bidder is Northwest Asphalt, Inc. in the amount of $413,914.30, compared to the engineer's estimate of $537,000.00. Smithtown Lane, Harding Avenue, and Harding Lane were identified in the 20 Year Pavement Management Plan and the 2008 CIP as roads in need of rehabilitation. Public information meetings were conducted in January and June of 2009. A Public Hearing was conducted for Harding Avenue and Harding Lane in June of 2009. All the roads were considered for municipal water extension with a decision not to extend municipal water service during the projects. The projects will be financed from the Local Roadway fund, the Stormwater enterprise fund and the Sanitary Sewer enterprise fund. The funds as described have sufficient balances to finance the projects. Options 1. Approve the resolution directing staff to enter into a contract with Northwest Asphalt, Inc. for the construction project. 2. Direct staff to utilize a different contractor and approve an amended resolution. 3. Do nothing. Leaves the streets in poor condition. Staff Recommendation Staff recommends approval of the resolution awarding the contract to Northwest Asphalt, Inc. in the amount of $413,914.30. Council Action: CII UTI N NO. 9 - A RESOLUTION ACCEPTING I AN AWARDING CONTRACT FOR THE 2009 S IT T WN LANE, A ING AVENUE, AN A ING LANE ROAD RECONSTRUCTION AN UTILITY IMPROVEMENTS. CITY PROJECT NO. 09-02,09-03 WHEREAS, pursuant to an advertisement for bids for local improvements designated as the 2009 Smithtown Lane, Harding Avenue, and Harding Lane Road Reconstruction and Utility Improvements. City Project No. 09-02, 09-03, bids were received, opened on August 19, 2009 and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that Northwest Asphalt, Inc. is the lowest bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a contract Northwest Asphalt, Inc. in the name of the City of Shorewood, Project No. 09-02 and 09-03, according to the plans and specifications therefore approved by the City Council on file in the office of the City Administrator/Clerk. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and the next two lowest bidders, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 2009. Christine Liz6e, Mayor ATTEST- Brian Heck, City Administrator/Clerk e id Date ; 10:00a.m. Weds 8/,:3/2009 Nm - - 1 ASTECH 2 Bituminous Roadways, Inc. 3 Burschville Construction, Inc. 4 Dave Perkins Contracting, Inc. 5 G. L. Contracting. Inc. 6 GMH Asphalt Corporation 7 Hardrives, Inc. 8 Hennen Construction Co. 9 Kuechle Underground, Inc. 10 Kusske Construciton Company 11 LaTour Construction, Inc. 12 Midwest Asphalt Corporation 13 Min er Construction, Inc. 14 Nodland Construction Co., Inc. 15 Northdale Construction Co., Inc. 16 Northwest Asphalt, Inc. 17 Pember Companies, Inc. 18 Penn Contracting, Inc. 19 Thomas and Sons Construction 20 Valle Paving, Inc. 21 Engineers Estimate I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project James Landini City Engineer I7 -0~ Date Exhibit A X X $ 499,459.78 X X $ 493,965.00 X $ 479,845.45 X $ 499,956.22 X ix 1 $ 413,914.30 X X $ 541,007.40 $ 537,000.00 Joan Panchyshyn Deputy ClerWExecutive Secretary Date A"$ A - E Background / Previous Action The Council authorized the drafting and issuing of a Request for Proposals (RFP) for recycling collection services. Staff issued the RFP in July and responses were received in early August from Allied Waste and Waste Management. The RFP asked companies to provide proposals for a single sort option and a dual sort option as well as weekly and bi-weekly collection frequency. Waste Management provided a proposal for a weekly dual sort system and did not provide an option for single sort or bi-weekly collection. The proposal requires the City of Shorewood to continue to provide the bins for collection. The cost per household is $4.94 + Recyclable Materials Offset + Fuel Surcharge in 2010. 2011 CPHH is $5.14 +RMO and fuel charge. 2012 is $5.35 plus the add-ons. The added fees are unknown at this time and will vary based on market conditions. Allied Waste's proposal is for single sort, bi-weekly collection. Allied will provide the containers and educational materials to all of the households regarding the change in the program. Allied provides two pricing options; $3.65 per household for a 36 month agreement or $3.47 for a 60 month agreement. Allied also offers an incentive program called "RecycleBank" and the cost per household with this program is $5.15 for the 36 months agreement or $4.95 for the 60 month agreement. Options The Council can choose to keep the program as it exists now, the weekly dual sort system with Waste Management as the vendor, or change to the bi-weekly, single sort system, with Allied Waste as the vendor. Staff Recommendation Staff has no recommendation. Council Action: Department: Finance Council Meeting: 8/24/2009 Item dumber: m~ From: Bonnie Burton, Finance Director/Treasurer Brian Heck, City Administrator/Clerk Item Description: 2010 Proposed General Fund Operating Budget Levy Background / Previous Action By statute, the council must approve a proposed budget and proposed (not-to-exceed) levy by September 15. The enclosed 2010 Proposed General Fund Budget has been prepared in accordance with council recommendations. Both the budget and the levy may change prior to adoption of the final budget and levy in December. Options 1. Adopt the proposed budget as presented. 2. Make any additional changes desired and adopt the proposed budget and levy Staff Recommendation Staff recommends adoption of the resolution setting the proposed 2010 budget and the proposed tax levy payable in 2010, as presented. Council Action: Introduction We are pleased to present the 2010 Proposed General Fund Operating Budget for your review and approval. This budget is the result of council and staff work-sessions on June 81 June 22, July 27, and August 10, 2009. Council and staff began their= budget work with a first draft that contained a zero (0%) percent tax levy increase. During subsequent work-sessions, council and staff closely reviewed all aspects of the preliminary 2010 General Fund budget and carefully decreased, and in some cases increased, various components of the budget. The proposed budget and levy for Pay2010 must be certified to Hennepin County by September 15, 2009. General Overview The 2010 Proposed General Fund Budget includes an increase in the overall base levy of .83% or $34,462, which is the anticipated allowable levy undercurrent law. To date, the city has not received notification of the official allowable levy amount. The 2010 budget contemplates a total tax levy of $4,809,134. Special levies for debt service comprise $616,000 of the total tax levy. Total anticipated revenue for the General Fund, including transfers, is $5,399,404. This amount includes the liquor fund transfer at $10,000 (from $40,000 previously), and also contemplates a use of reserve fund balance of $155,000, in accordance with current city policy. Total expenditures and transfers to capital improvement funds are programmed at $5,399,404. This amount is $89,158 less than the 2009 Adopted Budget and about $114,000 less than the original 2010 draft budget due to the reductions implemented over several budget work-sessions. Mayor and Council General supplies have been reduced by $200 to reflect past activity. We are reducing mileage reimbursement, conferences and schools by $1,000 and reducing the recognition funds from $5,000 to $2,500. Finally, "miscellaneous" costs of $1,900 have been eliminated and the AIS allocation has been moved to the parks department. union wages. General. Government The general government budget has a proposed decrease over the 2009 adopted budget of $31,150. Staff reduced part-time wages from $10,800 to $1,000. Part-time wages were used to provide assistance at the front desk and provide scanning of old documents and the property files. This project has been completed and we are using regular staff to keep current with scanning documents as required. The other major reduction comes in regular wages. The time allocated to general government activities and support by the park secretary is decreased here and increased in the park budget. We also reduced the training, conferences and schools by $1,000. Elections This budget is a cyclical in nature and increases in even numbered years due to local, state, and national elections. The increase for 2010 represents this cycle. Staff made one alteration to the budget in the area of capital purchases by eliminating two voting booths, thereby saving approximately $600. In addition, personnel costs were decreased as PERA and FICA costs had been allocated against the election judge personnel expense unnecessarily. Finance This budget is looking at a decrease over the adopted 2009 budget in the amount of $8,338. The reductions are in the capital outlay and conferences and schools. Professional Services This budget covers our contractual services for legal, auditing, and assessing. Assessing services are expected to increase by approximately $4,000 and our civil attorney retainer rate is expected to increase, based on actual time over the course of the first year. Factors in the large amount expended in 2009 include payment to the LMCIT for Ron Johnson activity, the Phillippi litigation settlement payment, and $8,000 in fees associated with the South Shore Community Center. We do not anticipate these types of expenses in 2010. In addition, the miscellaneous services line item was eliminated in the 2010 budget. Planning Zoning The proposed budget for planning/zoning is going down from 2009 by $14,346. The decrease is attributable to cutting back support staff allocation by .10 FTE (10%). Support staff in the department is currently budgeted at 1.0 FTE and the Planning Director is at .97 FTE (97%). We pro ose support staff at .9 FTE (90%). The .10 FTE (10%) is being reallocated to general government to b dE 2d to web services which will go from .30 FTE (30%) to .40 FTE (40%). Other adjustments are in contract services, as staff will take the planning commission meeting minutes; and in conferences and schools. Municipal Buildings The major change in this budget comes in the area of supplies. We increased the equipment maintenance line from $21,300 to $47,300 to reflect the new agreement we have with WarnerConnect for support of the phone and IT systems. We also plan for a new high capacity copier at $20,000; however, this cost will be covered by a transfer from the technology fund. The other major change is a reduction in the programmed transfers to the municipal building maintenance fund of $50,000. Protective Inspections This area has seen a steady decline in activity over the past 18 months or so; as represented in the number of building permits the city has received. As a result of the lower than normal activity in this area, staff is assisting with facilities maintenance issues. The budget allocation requested for 2010 is down by $8,791 from 2009. The decrease comes in a reallocation of support staff in this activity. The planning assistant had .2 FTE (20%) time allocated to this activity and it has been reduced to .1 FTE (10%) for 2010. Police The SLMPD budget is recommended by the Coordinating Committee after working with the police chief. The budget recommended by the Coordinating Committee consists of a .7% increase over the 2009 budget. The budget does not have an allocation for a wage increase, however it should be noted that contract with the union is up for renewal this year and negotiations have not started with this group. An award with the union that exceeds the established budget may result in an overage in the personnel items in the budget. The JPA requires all member cities to approve the budget and if it is not, there is language holding the SLMPD budget increase to the level of the most restrictive levy limit of member cities. At this point, the levy limit for Shorewood is .83%, an amount greater than that proposed by the Coordinating Committee. As such, it is recommended to agree to the .7%. Based on the information provided by the Chief and approved by the Coordinating Committee, the cost for law enforcement will increase from $938,950 to $950,000 for the operating budget. Shorewood's portion of the debt service component for the SLMPD for 2010 is $230,000. Shorewood is budgeting $1,180,000 for police activities in 2010. Fire The fire 2010 budget of $595,482 is slightly less than the 2009 allocation of $600,638. 3 =I 'ii- -u-;;et - proposed to decrease by $49,611 from the 2009 budget. The major change is the reduction in staff in this area. Some savings from the reduction in staff are in other areas due a reallocation of resources. Capital expenditures include a PDA and GPS data tracking phone ($1,000). Public Works - Service The major item is a decrease of $75,000 to the equipment replacement fund. The 2009 budget included a $175,000 programmed transfer and council concurred with the reduction to $100,000 for 2010. Scheduled equipment purchases will not be affected through this reduction. Other aspects of this budget include a $3,800 allocation for a replacement VHF radio base station and some minor adjustments to the personnel costs. Streets and Roads The Streets and Roads department is anticipated to increase over the 2009 budget by approximately $13,200. The increase is attributable to the cost of asphalt material. The budget maintains the planned $700,000 transfer to the local road fund. Snow z Icy Removal No change anticipated in this department. The actual expenditures in personnel and supplies in this budget are directly related to the amount of snow fall events requiring a call out and plowing activities Traffic Control/Street Fighting We are proposing a modest increase in this budget. The increase is to cover the cost of replacement street signs to comply with the new Federal Highway Administrations rules on reflectivity. We anticipate this to be an ongoing expense. Sanitation n ante Removal We are recommending a budget of $4,900 for this activity. Tr Maintenance This program anticipates a slight increase from 2009 due to anticipated additional expenses in the area of tree removal due to more diseased trees being found both on public and private property. Parks and Recreation This budget will increase the most in 2010. It will grow by $67,000 over 2009. There are two main contributors to this growth; one is a reallocation from the general government department to parks through a reallocation of staffing resources. The other is an expanded contract with Community Rec Resources for park administration services. Other changes to the budget include a few more dollars allocated for building maintenance and additional dollars for programming. To support some of this, the council reduced the transfer to the Park improvement fund by $3,000. 4 The Truth-In-TaxG_ir._j process to be followed this year is similar to years past, in that a budget public hearing would be held Monday, December 7, 2009, with a follow-up hearing and budget adoption at the next regularly scheduled council meeting of December 14, 2009. Therefore, the entire process includes city council approval of a Pay2010 Proposed Tax Levy to be certified to the state and county no later than September 15, 2009; final preparation of all city budgets, including enterprise and utility budgets in the fall; advertising and conducting public hearings on the budget in December; and adoption, certification, and summary publication of the final budget and levy prior to year end. Conclusion and Recommendation The 2010 General Fund Operating Budget and levy were prepared with the mutual goal of staff and council to develop a budget that will provide a responsible plan to balance the City's service delivery needs, continuing infrastructure needs, and financial position. Recommendation Staff recommends the council approve the attached resolution that sets the 2010 Proposed General Fund Budget and the Proposed Pay2010 tax levy. Respectfully subm,itted, 7 'aViAdmin eck rr ' trato r/Clerk Bonnie Burton Finance Director/Treasurer 5 CI`I' v ~ ~LUTI N NO. Gy® A RESOLUTION SETTING THE 2010 PROPOSED GENERAL FUN BUDGET AND APPROVING THE PROPOSE PROPERTY TAX LEVY, COLLECTIBLE IN 2010 WHEREAS, the City staff has presented to the City Council the proposed 2010 General Fund Budget and the proposed property tax levy collectible in 2010; and, WHEREAS, the City Council has met to review the proposed budget and property tax levy; and, WHEREAS, the City Council must approve and certify its proposed 2010 budget and preliminary property tax levy for the current year, collectible in 2010, to the County Auditor by September 15 of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The 2010 Proposed General Fund budget is hereby set at $5,399,404. 2. The following sums be levied for the current year, collectible in 2010, upon taxable property in the City of Shorewood, for the following purposes: General Fund Levy $4,193,134 Special Levy 616,000 Total 2009 Levy, Collectible 2010: 14,89-9 134 3. That the City Clerk-Administrator is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED by the City Council of the City of Shorewood this 24th day of August, 2009. Christine Liz6e, Mayor ATTEST: Brian Heck, City Administrator/Clerk v7v w' J I.(,.. jESOTA 55331 8927 o (952) 474-3236 FAX (902) 474-01"3 - r i.s orewood.rrrn.us - cityhaI1@ci.shorewood.mn.us MEMORANDUM Date: August 24, 2009 To: Honorable Mayor and City Council Members From: Bonnie Burton, Finance Director/Treasurer Brian Heck, City Administrator/Clerk Re: MN State Levy Limit Notice Received Today The City of Shorewood today received the Pay2010 Levy Limit Notice. The final base limit is $4,263,838 compared to the base levy of $4,193,134, in the budget draft sent to the council last week. This is $70,704 more than anticipated. It seems the levy Limit has been calculated using the proposed 2009 levy adopted by the city council last September, 2009, rather than the final levy adopted in December, which had been reduced by council. Staff believed the calculations were to use the final 2009 numbers and I am awaiting a call back from the state to confirm if their calculations are correct. If so, this creates an option for the council to consider in their adoption of the proposed budget this evening: 1) The council may adopt the levy and budget as presented in the budget document and resolution sent to them last week; or 2) The council may change the preliminary levy to match the amount certified on the notice from the state, dated August 24. The difference would be displayed as a 'contingency' line item in the Mayor & Council department. Discussion of disposition of this `extra' amount (or elimination of same) would still take place in the fall as planned, prior to the final budget and levy adoption. Should the council decide to pursue option #2, a revised resolution is attached. PRINTED ON RECYCLED PAPER . g y k, "NE SOT' - U- T`NUE V +rV a 6- 8/18/2009 The following is a listing of the factors used in determining your city's payable 2010 overall levy limitation. 1. PAYBALE 2009 ADJUSTED LEVY LIMIT BASE 2. INFLATION ADJUSTMENT (0.8337%) 3A. 2007 HOUSEHOLD POPULATION 3B. 2008 HOUSEHOLD POPULATION 3C. 50 PERCENT OF HOUSEHOLD INCREASE ((313 - 3A) x.5) 3D. HOUSEHOLD ADJUSTMENT FACTOR - GREATER OF 1 OR (1 + 3C/3A) 4A. PAYABLE 2008 TOTAL TAXABLE MARKET VALUE 4B. PAYABLE 2009 MARKET VALUE - NEW INDUSTRIAL CONSTRUCT 4C. PAYABLE 2009 MARKET VALUE - NEW COMMERCIAL CONSTRUCT 4D. PAYABLE 2009 MARKET VALUE - NEW C/I CONSTRUCT (413 + 4C) 4E. 50 PERCENT OF MARKET VALUE OF NEW C/I CONSTRUCT (41) x.5) 4F. NEW C/I ADJUSTMENT FACTOR - GREATER OF 1 OR (1 + 4E/4A) 5. PAYBALE 2010 ADJUSTED LEVY LIMIT BASE (1 x 2 x 3D x 4F) 6A.. 2010 CERTIFIED LOCAL GOVERNMENT AID 6R. 2010 ESTIMIATED TACOl\?TIE AIDS 6C. 2010 ESTIMATED WIND ENERGY PRODUCTION TAX 6D. 2010 CERTIFIED UTILITY VALUATION TRANSITION AID 6E. 2010 TOTAL CITY AID (6A + 6B + 6C + 6D) r 4,225,960 1.008337 2,668 2,666 1.000000 1,601,599,000 0 1,990,000 1,990,000 995,000 1.000621 4,263,838 0 0 0 0 0 7. PAYABLE 2010 FINAL OVERALL LEVY LIMIT (5 - 6E) .t k v D r` F 4,263,838 a it i b Property Tax Division Ttc: 651-556-6095 Mail Station 3340 raa: 651-556-3128 St. Paul, MN 55146-3340 7Tr: Call 711 for Minnesota An equal opportunity employer Ti-, CITY F S O OO RESOLUTION NO. 09-048 A RESOLUTION SETTING THE 2010 PROPOSED GENERAL FUND BUDGET AND APPROVING THE PROPOSED PROPERTY TAX LEVY, COLLECTIBLE IN 2010 WHEREAS, the City staff has presented to the City Council the proposed 2010 General Fund Budget and the proposed property tax levy collectible in 2010; and, WHEREAS, the City Council has met to review the proposed budget and property tax levy; and, WHEREAS, the City Council must approve and certify its proposed 2010 budget and preliminary property tax levy for the current year, collectible in 2010, to the County Auditor by September 15 of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: The 2010 Proposed General Fund budget is hereby set at $5,399,404. 2. The following sums be levied for the current year, collectible in 2010, upon taxable property in the City of Shorewood, for the following purposes: General Fund Levy $4,263,838 Special Levy 616,000 Total 2009 Levy, Collectible 2010: S4,879,838 That the City Clerk-Administrator is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED by the City Council of the City of Shorewood this 24th day of August, 2009. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk 5755 Cl, __JB RO INN ESOTA 55331-8927 - (952) 474-3236 1 ( 2) 474-0128 tiw.ci.s e 1.r-nii.us-cityhall@ci.shorewood.mn.us CITY OF SHOREWOOD, MINNESOTA 2010 PROPOSED ANNUAL GENERAL FUND OPERATING BUDGET 24 AUGUST 2009 PRINTED ON RECYCLED PAPER CITYC_ _ s__ I~ _ J L TABLE OF CONTENTS Preparation Calendar for 2010 Budget Summary of Proposed 2010 General Fund Budget Summary of Estimated Revenues Summary of Estimated Expenditures & Transfers General Fund Departmental Budgets 41110 - Mayor and Council 41300 - Administration 41400 - General Government/City Clerk 41450 - Elections 41500 - Finance 41600 - Professional Services 41910 - Planning and Zoning 41940 - Municipal Building - City Hall 42100 - Police 42200 - Fire Protection 42400 - Protective Inspection 43010 - City Engineer 43050 - Public Works Service 43100 - Streets and Roadways 43125 - Snow and Ice Removal 43160 - Traffic Control/Street Lighting 43200 - Sanitation/Waste Removal/Weeds 43250 -Tree Maintenance 45200 - Parks and Recreation ET PAGE 1 2-3 4 5 6-7 8-9 10-11 12-13 14-15 16-17 18-19 20-21 22-23 24-25 26-27 28-29 30-31 32-33 34-35 36-37 38-39 40-41 42-43 Date Description 05/15/09 Budget worksheets distributed to staff department heads. 06/05/09 Completed budget worksheets due back to Finance from staff. 06/08/09 Budget discussion -Council philosophy and direction (Council and Staff) 06/22/09 Work-session: General Fund Operating Budget draft (Council and Staff) 07/27/09 Work-session: Additional General Fund session (Council and Staff) 08/10/09 Work-session: Additional General Fund session (Council and Staff) 08/24/09 Regular Council meeting. Council adopts 2010 proposed budget and levy. 09/15/09 Proposed budget and levy must be adopted and certified to County Auditor by this date. State form Payable 2010 PT Form 280 also to be submitted. 10/12/09 Work-session: Enterprise Budget session (Council and staff) 10/26/09 Work-session: Enterprise Budget session (Council and staff) 11/16/09 Work-session: General Fund Budget Final Review (Council and staff) 11/20-11/24 Counties to mail Notice of Proposed Property Tax by this date. 12/03/09 Budget hearing advertisement published in the official newspaper. 12/07/09 Truth-In-Taxation Budget Public Hearing. 12/14/09 Regular Council meeting. Final 2010 budgets and levy to be adopted. 12/30/09 Final levy and budgets must be certified to the County Auditor by this date. State forms Payable 2010 Property Tax Levy Report and PT Form TNT2010 also due. 1 F..f. Actual 2007 Actual 2008 Adopted 2009 Y-T-D June 2009 Proposed 2010 Revised 2010 Adopted 2010 Change % Change Revenues and Other Sources Property Taxes 4,332,741 4,582,601 4,776,292 1,673,200 4,776,292 4,809,134 32,842 0.69% Licenses and Permits 256,471 195,420 196,270 78,947 136,270 106,270 (90,000) -45.86% Intergovernmental 95,901 78,155 65,000 30,736 65,000 65,000 0 0.00% Fines and Forfeitures 77,777 53,369 55,000 28,165 55,000 55,000 0 0.00% Charges for Service 50,819 50,754 46,000 23,088 46,000 46,000 0 0.00% Miscellaneous Revenue 286,684 176,535 150,000 62,151 128,000 128,000 (22,000) -14.67% Total Revenues 5,100,393 5,136,833 5,288,562 1,896,288 5,206,562 5,209,404 0 (79,158) -1.50% Expenditures General Government Mayor and Council 63,319 69,721 70,194 32,262 70,194 64,194 (6,000) -8.55% Administration 149,180 229,292 173,521 70,908 180,379 178,362 4,841 2.79% General Government 243,848 225,969 267,569 126,697 275,563 236,419 (31,150) -11.64% Elections 2,894 47,532 7,211 1,442 41,029 38,939 31,728 439.99% Finance 174,495 164,651 198,837 91,384 195,675 193,784 (5,053) -2.54% Professional Services 196,880 213,220 205,500 171,644 207,000 199,000 (6,500) -3.16% Planning and Zoning 184,854 206,595 213,306 95,656 204,259 198,960 (14,346) -6.73% Municipal Building 206,645 151,372 266,920 34,616 315,300 313,800 46,880 17.56% Total General Government 1,222,115 1,308,353 1,403,058 624,610 1,489,399 1,423,458 0 20,400 1.45% Public Safety Police 1,072,528 1,139,063 1,176,000 587,127 1,185,887 1,180,000 4,000 0.34% Fire Protection 595,947 622,934 600,638 300,225 600,638 595,482 (5,156) -0.86% Protective Inspection 128,142 137,784 133,934 55,399 124,752 125,143 (8,791) -6.56% Animal Control 21,390 0 0 0 0 0 0 0 Total Public Safety 1,818,007 1,899,780 1,910,572 942,751 1,911,277 1,900,625 0 (9,947) -0.52% Public Works City Engineer 132,998 147,576 161,057 70,382 115,857 111,446 (49,611) -30.80% Public Works Services 405,010 413,605 420,495 192,621 414,300 412,985 (7,510) -1.79% Streets and Roadways 171,221 197,434 190,945 44,970 190,869 204,107 13,162 6.89% Snow and Ice Removal 69,189 68,606 86,512 40,104 85,496 85,974 (538) -0.62% Traffic Control/Street Lights 39,274 46,537 47,600 18,127 51,049 51,049 3,449 7.25% Sanitation/Waste Removal 4,458 9,736 5,545 1,994 5,549 4,900 (645) -11.63% Tree Maintenance 29,598 24,351 30,568 6,031 33,254 33,479 2,911 9.52% Total Public Works 851,748 907,845 942,722 374,229 896,374 903,940 0 (38,782) -4.11% Culture and Recreation Parks and Recreation 200,920 229,255 202,210 137,404 236,759 269,381 67,171 33.22% Total Culture and Recreation 200,920 229,255 202,210 137,404 236,759 269,381 0 67,171 33.22% Total Expenditures 4,092,790 4,345,233 4,458,562 2,078,994 4,533,809 4,497,404 0 38,842 0.87% Total Revenues Over (Under) Expenditures 1,007,603 791,600 830,000 r) (182,706) 672,753 712,000 0 GENERAL- 2010 Actual 2007 Actual 2008 Adopted 2009 Y-T-D June 2009 Proposed 2010 Revised 2010 Adopted 2010 Change % Change Fund Transfers In Liquor Fund 40,000 40,000 40,000 0 40,000 10,000 (30,000) Street Reconstr Fund 0 0 0 0 0 0 0 Technology Fund 0 0 0 0 0 25,000 25,000 Sewer Fund 0 0 0 0 0 0 0 Water Fund 0 0 0 0 0 0 0 Total Transfers In 40,000 40,000 40,000 0 40,000 35,000 0 (5,000) -12.50% Fund Transfers Out Equip Replacemt Fund (PW) 175,000 175,000 175,000 0 175,000 100,000 (75,000) Street Reconstr Fund 345,000 645,000 700,000 0 700,000 700,000 0 Park Capital Imp Fund 15,000 15,000 45,000 0 45,000 42,000 (3,000) Trail Cap Imprvment Fnd 0 0 0 0 0 0 0 Public Facilities Fund 50,000 50,000 50,000 0 0 0 (50,000) Land & Open Space Fund 0 0 0 0 0 0 0 Sewer Fund 60,000 0 60,000 0 60,000 60,000 0 Stormwater Mgmt Fund 25,000 0 0 0 0 0 0 Total Fund Transfers Out 670,000 885,000 1,030,000 0 980,000 902,000 0 (128,000) -14.46% Excess (Deficiency) of Revenues and Other Financing Sources Over Expenditures and Other Uses 377,603 (53,400) (160,000) (182,706) (267,247) (155,000) 0 Amounts to be Provided from General Fund Balance (377,603) 53,400 160,000 182,706 267,247 155,000 0 General Fund Balance January 1 3,383,906 3,761,509 3,708,110 3,708,110 3,548,110 3,548,110 3,548,110 General Fund Balance December 31 3,761,509 3,708,110 3,548,110 3,525,403 3,280,863 3,393,110 3,548,110 3 2c T Actual Actual Adopted YTD June Proposed Revised Adopted $ % REVENUES 2007 2008 2009 2009 2010 2010 2010 Change Change Taxes General Property 3,663,362 3,909,841 4,158,672 1,673,200 4,158,672 4,193,134 34,462 0.83% Fiscal Disparities 108,244 117,683 0 0 0 0 0 0.00% Special Levy 561,135 555,078 617,620 0 617,620 616,000 (1,620) -0.26% Total Taxes 4,332,741 4,582,601 4,776,292 1,673,200 4,776,292 4,809,134 0 32,842 0.69% License/Permits Rental Housing 2,620 1,980 500 540 500 500 0 0.00% Tobacco 1,000 750 1,000 250 1,000 1,000 0 0.00% Alcoholic Beverages 14,743 8,510 8,820 8,320 8,820 8,820 0 0.00% Others-Business 2,739 3,244 1,000 1,130 1,000 1,000 0 0.00% Building Permits 231,436 176,679 180,000 66,520 120,000 90,000 (90,000) -50.00% Tree Trimming Licenses 570 540 450 150 450 450 0 0.00% Dog Licenses 3,288 3,667 3,500 1,987 3,500 3,500 0 0.00% Others-Misc. 75 50 1,000 50 1,000 1,000 0 0.00% Total License/Permits 256,471 195,420 196,270 78,947 136,270 ' 106,270 0 (90,000) -45.86% Inter-governmental Revenues State Aids Mkt Value Credit Aid 32,995 15,206 0 0 0 0 0 0.00% PERA Aid 4,751 4,751 5,000 0 5,000 5,000 0 0.00% MSA Road Aid 58,155 58,198 60,000 30,736 60,000 60,000 0 0.00% Total State Aids 95,901 78,155 65,000 30,736 65,000 65,000 0 0 0.00% Total Inter-govern mental 95,901 78,155 65,000 30,736 65,000 65,000 0 0 0.00% Charges For Service General Government 15,899 20,989 15,000 2,053 15,000 15,000 0 0.00% Engineering 0 0 0 0 0 0 0 0.00% Recreation 34,920 29,765 31,000 21,035 31,000 31,000 0 0.00% Total Charges For Service 50,819 50,754 46,000 23,088 46,000 46,000 0 0 0.00% Fines & Forfeits 77,777 53,369 55,000 28,165 55,000 55,000 0 0.00% Misc. Revenues 286,684 176,535 150,000 62,151 128,000 128,000 (22,000) -14.67% Total Revenues Before Tsfrs 5,100,392 5,136,833 5,288,562 1,896,288 5,206,562 5,209,404 0 (79,158) -1.50% Transfers From General Fnd Rsvs 0 0 160,000 0 160,000 155,000 (5,000) -3.13% From Technology Fund 0 0 0 0 0 25,000 25,000 #DIV/0! From Liquor Fund 40,000 0 40,000 0 40,000 10,000 (30,000) -75.00% Total Transfers 40,000 0 200,000 0 200,000 190,000 0 (10,000) -5.00% Total Revenues & Transfers 5,140,392 5,136,833 5,488,562 1,896,288 5,406,562 5,399,404 0 (89,158) -1.62% Other Funding Sources 0 0 0 0 0 0 0 0 0.00% A Total Revenues $5,140,392 $5,136,833 $5,488,562 $1896,288 $5,406,562 $5,399,404 $0 (89,158) 1.62% Expenditures General Government Mayor and Council Administration General Government Elections Finance Professional Services Planning and Zoning Municipal Building - Capital Tsfr: Pub Facilities Total General Government Public Safety Police Fire Protection Protective Inspection Animal Control Total Public Safety Public Works City Engineer Public Works Services -Capital Tsfr: Equip/Strmwtr Streets and Roadways -Capital Tsfr: Street Imprvs. Snow and Ice Removal Traffic Cntrl/Street Lights Sanitation/Waste Removal Tree Maintenance Total Public Works Culture and Recreation Parks and Recreation -Cap Tsfr. Park Capital Imps Total Culture and Recreation Total Expenditures & Transfers Actual Actual Adopted Y-T-D June Proposed 2007 2008 2009 2009 2010 Revised Adopted % 2010 2010 Change Change 63,319 69,721 70,194 32,262 70,194 64,194 149,180 229,292 173,521 70,908 180,379 178,362 243,848 225,969 267,569 126,697 275,563 236,419 2,894 47,532 7,211 1,442 41,029 38,939 174,495 164,651 198,837 91,384 195,675 193,784 196,880 213,220 205,500 171,644 207,000 199,000 184,854 206,595 213,306 95,656 204,259 198,960 206,645 151,372 266,920 34,616 315,300 313,800 110,000 50,000 110,000 0 60,000 60,000 (6,000) -8.55% 4,841 2.79% (31,150) -11.64% 31,728 439.99% (5,053) -2.54% (6,500) -3.16% (14,346) -6.73% 46,880 17.56% (50,000) -45.45% 1,332,115 1,358,352 1,513,058 624,609 1,549,399 1,483,458 1,072,528 1,139,063 1,176,000 587,127 1,185,887 1,180,000 595,947 622,934 600,638 300,225 600,638 595,482 128,142 137,784 133,934 55,399 124,752 125,143 21,390 0 0 0 0 0 0 (29,600) -1.96% 4,000 0.34% (5,156) -0.86% (8,791) -6.56% 0 0 1,818,007 1,899,781 1,910,572 942,751 1,911,277 1,900,625 132,998 147,576 161,057 70,382 115,857 111,446 405,010 413,605 420,495 192,621 414,300 412,985 200,000 175,000 175,000 0 175,000 100,000 171,221 197,434 190,945 44,970 190,869 204,107 345,000 645,000 700,000 0 700,000 700,000 69,189 68,606 86,512 40,104 85,496 85,974 39,274 46,537 47,600 18,127 51,049 51,049 4,458 9,736 5,545 1,994 5,549 4,900 29,598 24,351 30,568 6,031 33,254 33,479 0 (9,947) -0.52% (49,611) -30.80% (7,510) -1.79% (75,000) -42.86% 13,162 6.89% 0 0.00% (538) -0.62% 3,449 7.25% (645) -11.63% 2,911 9.52% 1,396,748 1,727,845 1,817,722 374,229 1,771,374 1,703,940 0 (113,782) -6.26% 200,920 229,255 202,210 137,404 236,759 269,381 67,171 33.22% 15,000 15,000 45,000 0 45,000 42,000 (3,000) -6.67% 215,920 244,255 247,210 137,404 281,759 311,381 0 64,171 25.96% 4,762,791 5,230,233 5,488,562 2,078,993 5,513,809 5,399,404 0 (89,158) -1.62% 5 FUND: 101 GENERAL DEPARTMENT NUMBER: 41110 DEPARTMENT MISSION: To establish the policies and priorities for the city, allocate the necessary resources to achieve the stated priorities, and provide general direction to the administrator in policy implementation. DEPARTMENT DESCRIPTION / PURPOSE: The Mayor and Council meet twice monthly, and in periodic work-sessions, to provide overall direction for the city and establish the priorities that pertain to services provided to residents. The mayor and council adopt policies and ordinances and provide staff with the necessary resources in which to carry out these priorities, goals, and policies. The city council also sits as the Shorewood Economic Development Authority (EDA). 2010 NEW INITIATIVES: ® Ensure the success of the SouthShore Community Center. ® Provide support and resources to accomplish the park improvement program. ® Provide support and resources to continue the road improvement program. ® Determine best use of liquor funds. 2010 ONGOING COMMITMENTS: ® Work with staff to establish the annual work program of city goals and priorities ® Strategic planning and direction. ® Development and approval of the budget. ® Meet at least annually with advisory commissions. ® Regular meetings of the council SIGNIFICANT CHANGES AFFECTING BUDGET: Reduction in mileage and conferences by $1,000. Reduction in recognition event funds from $5,000 to $2,500. 6 FUND: 101 DEPARTMENT: Mayor and Council DEPT 41110 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 16,794 16,794 16,255 16,794 8,397 16,794 16,794 0 Supplies/Materials 1,127 1,402 2,478 1,400 2,544 1,400 1,200 0 Support Services 43,039 45,123 50,988 52,000 21,322 52,000 46,200 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 60,960 63,319 69,721 70,194 32,262 70,194 64,194 0 STAFFING: Part time: Mayor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Councilmembers 4.00 4.00 4.00 4.00 4.00 4.00 4.00 7 FUND: 101 GENERAL DEPARTMENT NUMBER: . 41300 DEPARTMENT MISSION: To provide guidance and support to the city council in the development of policies and goals and to ensure the direction and priorities established by the city council are carried out in an efficient and effective manner. DEPARTMENT DESCRIPTION / PURPOSE: The Administration department provides support to the council in the development and implementation of policy and priorities. The department ensures the council receives complete information in order to make sound policy decisions on behalf of the city; and also provides legislative support and leadership to other departments in an effort to achieve the stated goals. 2010 NEW INITIATIVES: ® Implementation of the employee evaluation system. ® Implementation of the SouthShore Community Center business plan. ® Develop and implement method for greater resident input on major city issues. 2010 ONGOING COMMITMENTS: The department has the ongoing responsibility in the preparation of council agendas, managing the budget process, community relations, long range planning, personnel management, contract management and legislative support and liaison. SIGNIFICANT CHANGES AFFECTING BUDGET: Includes a merit increase pool of $24,000. Reduction in travel, conference, and school of $1,800. Reduction in contract services of $500. Replacement computer (1) to be funded via transfer from the Technology Fund. 8 FUND: 101 BUDGET ITEM DEPARTMENT: Actual 2006 Administration Actual Actual 2007 2008 Adopted 2009 YTD June 2009 Proposed 2010 DEPT 41300 Revised Adopted 2010 2010 Staffing 120,341 144,631 227,601 167,371 68,360 171,229 171,712 0 Supplies/Materials 148 0 81 200 40 200 0 0 Support Services 5,015 4,549 1,610 5,950 2,509 6,450 4,150 0 Capital Outlay 0 0 0 0 0 2,500 2,500 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 125,503 149,180 229,292 173,521 70,908 180,379 178,362 0 STAFFING: Full Time: Admistrator/Clk 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Exec Sec/Dep Clk .20 .33 .25 .25 .25 .25 .25 9 FUND: 101 GENERAL DEPARTMENT NUMBER: 41400 DEPARTMENT MISSION: To strive to be responsive in providing neat and accurate information in an honest and efficient manner to residents, the city council, contractors, staff, and the general public, in an effort to present a high-quality image of the city. DEPARTMENT DESCRIPTION / PURPOSE: This department provides day-to-day management of the city office including reception and clerical duties, general office equipment and supply purchases and service. Responsible for the preparation of city council meeting agenda packets and recording and transcription services for council meetings; also responsible for various licensing functions; and oversees the city communications. Official keeper of permanent records and oversees the document imaging system; publishes legal notices; maintains employee handbook, position descriptions and performance evaluation forms. 2010 NEW INITIATIVES: • Develop, enhance and increase communications within the community through the website, newsletter, facebook, and other communication tools. 2010 ONGOING COMMITMENTS: • Provide timely information for general information requests. • Continue web site improvements and tools for communication with city hall. • Monthly city newsletter production. • Maintain city government records; including scanning / disposal per record retention schedule. • Maintain updates to employee handbook and city code. SIGNIFICANT CHANGES AFFECTING BUDGET: Reduction of part-time wages for scanning assistance and front desk help ($10,000) Reduction of conferences and training budget ($1,000) Replacement Computers (1) to be funded via transfer from the technology fund. 10 FUND: 101 DEPARTMENT: General Government/City Clerk DEPT 41400 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 136,706 192,411 177,187 202,149 103,257 219,783 181,639 0 Supplies/Materials 19,965 18,753 20,049 21,000 7,829 19,975 19,975 0 Support Services 29,454 32,116 28,733 36,920 10,746 33,305 32,305 0 Capital Outlay 8,974 568 0 7,500 4,865 2,500 2,500 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 195,099 243,848 225,969 267,569 126,697 275,563 236,419 0 STAFFING: Full time: Exec Sec/Dep Clk .61 .75 .55 .70 .70 .55 .55 Parks Secretary .60 .58 .65 .65 .65 .65 .30 Secretary/Receptionist .55 .78 .60 .60 .60 .60 .60 Part time: Communications Tech. 0.57 0.57 0.57 0.57 0.57 0.40 0.40 Website Maint. 0.20 0.20 0.20 0.20 0.20 0.40 0.40 Temporary Receptionist 11 FUND: 101 GENERAL DEPARTMENT NUMBER: 41410 DEPARTMENT MISSION: To provide accurate and timely elections in compliance with state law. DEPARTMENT DESCRIPTION / PURPOSE: This department provides for the preparation and supervision of state and federal primary elections, city general elections, and special elections. 2010 NEW INITIATIVES: • Attend training at the state and county level on new legislation relating to elections. • Provide training to election judges on new legislation. • Update all materials and supplies and equipment to incorporate new legislation. 2010 ONGOING COMMITMENTS: • Provide required training sessions for election judges. • Staff to attend training sessions and meetings provided by Secretary of State office and Hennepin County. • Prepare polling places for election day. • Maintain election records in accordance with state laws. SIGNIFICANT CHANGES AFFECTING BUDGET: None. 12 FUND: 101 DEPARTMENT: Elections DEPT 41410 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 24,348 322 37,678 4,881 610 32,179 30,689 0 Supplies/Materials 1,688 2,540 5,120 2,300 807 4,950 4,950 0 Support Services 2,051 31 4,734 30 25 2,700 2,700 0 Capital Outlay 1,931 0 0 0 0 1,200 600 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 30,018 2,893 47,532 7,211 1,442 41,029 38,939 0 STAFFING: Full time: Exec Sec/Dep Clk Part time: Election Judges 0.18 0.10 0.20 0.05 0.05 0.20 0.20 69 0 65 0 0 65 65 13 FUND: 101 GENERAL DEPARTMENT NUMBER: 41500 DEPARTMENT MISSION: To present accurate, timely, and complete information in an understandable and friendly manner to the council, residents, and staff of the city; and to protect and manage the assets of the city as directed by the city council. DEPARTMENT DESCRIPTION / PURPOSE: The finance department is responsible for processing all financial transactions of the city in accordance with federal, state and local laws; in compliance with generally accepted accounting principles. Transactions include accounts payable, accounts receivable, payroll, investments, utility billing, special assessments, risk management, employee benefits, and financial reporting. The finance department also produces the following documents, with the assistance of other city departments: the annual operating budget, the Comprehensive Annual Financial Report (CAFR), and the five-year Capital Improvement Program (CIP). 2010 NEW INITIATIVES: • Comprehensive review of all finance policies. • Others TBD. 2010 ONGOING COMMITMENTS: • Prepare annual budget document. • Coordinate the annual city audit. • Prepare CAFR documents for submittal to GFOA Certificate of Achievement program. • Review debt issues and make recommendations on debt structure. • Review, update, and maintain financial policies and procedures. • Coordinate and make recommendations on employee benefits. • Manage the city's investment portfolio within the investment policy guidelines. SIGNIFICANT CHANGES AFFECTING BUDGET: Tuition Reimbursement decreased by $1,000. 14 FUND: 101 DEPARTMENT: Finance DEPT 41500 BUDGET ITEM Actual 2006 Actual 2007 Actual 2008 Adopted 2009 YTD June 2009 Proposed 2010 Revised 2010 Adopted 2010 Staffing 144,311 139,037 154,684 177,637 81,067 177,975 178,584 0 Supplies/Materials 5,018 5,338 5,914 8,200 6,606 7,700 7,700 0 Support Services 9,368 3,083 4,053 8,500 2,033 8,500 7,500 0 Capital Outlay 639 27,040 0 4,500 1,678 1,500 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 159,336 174,498 164,651 198,837 91,384 195,675 193,784 0 STAFFING: Finance Dir 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Sr Acctg Clerk .62 .85 .75 .75 .75 .75 .75 Acctg. Clerk .5 .5 .0 .0 .0 .0 .0 15 FUND: 101 GENERAL DEPARTMENT NUMBER: 41600 DEPARTMENT MISSION: To provide quality legal, assessing, and auditing and other contractual services to support the general administration and operations of the city. DEPARTMENT DESCRIPTION / PURPOSE: The city contracts with several different firms and organizations to provide necessary support services Assessing services provide property valuation services for tax purposes and are obtained through a contract with Hennepin County. Legal services, both criminal and civil, are contracted out and include general counsel, litigation, and prosecution of criminal matters. Auditing services are provided by an independent CPA firm, to ensure proper fiscal accountability. 2010 NEW INITIATIVES: ® The city does not have any major new initiatives in this area that will impact the budget. 2010 ONGOING COMMITMENTS: ® Annual property assessment services provided are based on a contract with Hennepin County approved by the city council. ® Annual financial audit as required by MN statutes. ® Legal matters involving policy and ordinance advice and regular prosecution of criminal acts. SIGNIFICANT CHANGES AFFECTING BUDGET: Assessing services are expected to increase by $4,000. Miscellaneous services reduction of $10,000. Civil Attorney retainer rate may change, based on actual time during first year of the agreement with the new firm, Kennedy and Graven. 16 FUND: 1.01 BUDGET ITEM DEPARTMENT: Professional Services Actual Actual Actual 2006 2007 2008 Adopted 2009 YTD June 2009 Proposed 2010 Revised 2010 DEPT 41600 Adopted 2010 Staffing 0 0 0 0 0 0 0 0 Supplies/Materials 0 0 0 0 0 0 0 0 Support Services 164,867 196,880 213,220 205,500 171,644 207,000 199,000 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 164,867 196,880 213,220 205,500 171,644 207,000 199,000 0 STAFFING: 17 FUND: 101 GENERAL DEPARTMENT NUMBER: 41910 DEPARTMENT MISSION: To guide and control the physical development and redevelopment of the community. Coordinate and implement long-range city-wide and area planning activities. DEPARTMENT DESCRIPTION / PURPOSE: This department is responsible for the review of development proposals, preparing and updating the Comprehensive Plan and other long-range planning activities. It provides for administration and enforcement of the city's zoning codes, and the preparation and upkeep of zoning, subdivision, floodplain, and other planning and zoning related ordinances. A primary purpose of the department is to guide the development review process consistent with council goals and objectives. In addition to public participation and review by the planning commission and city council, this department coordinates the development review by all other city departments and government agencies with jurisdiction over projects. A primary activity in this area is to review and update the city's environmental standards, and ensure that new development and redevelopment occur in an environmentally sensitive manner to preserve and enhance the city's natural resources. 2010 NEW INITIATIVES: ® Increase interactivity with residents o Update/adopt regulations relative to mixed use development ® Implement actions/projects identified in 2009 comprehensive plan Prepare complete physical and socio-economic inventory of community ® initiate requirement of electronic application submittals • TBD - based on Council's 2010 goals and objectives 2010 ONGOING COMMITMENTS: • Update/enhance city maps ® Update/enhance procedure information and handouts ® Maintain and expedite the development review process SIGNIFICANT CHANGES AFFECTING BUDGET: Reduce contractual services by $3,500 by staff taking commission minutes. Reduce conferences/training by $2,100. 18 FUND: 101 DEPARTMENT: Planning & Zoning DEPT 41910 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 180,556 169,864 192,979 199,601 91,518 192,704 193,605 0 Supplies/Materials 789 1,659 1,310 1,755 1,260 1,105 655 0 Support Services 10,125 13,330 9,986 11,950 2,412 10,450 4,700 0 Capital Outlay 2,834 0 2,320 0 465 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 194,305 184,853 206,595 213,306 95,656 204,259 198,960 0 STAFFING: Full time: Planning Dir .97 .95 .97 .97 .97 .97 .97 Planning Asst. 1.00 1.00 1.00 1.00 1.00 0.90 0.90 Part Time Clerical 19 FUND: 101 GENERAL DEPARTMENT NUMBER: 41940 DEPARTMENT MISSION: To provide for the physical operation of the city office building DEPARTMENT DESCRIPTION / PURPOSE: This department provides for the physical operation of the city office building; utilities; maintenance of office equipment and the building structure. General liability, property, and casualty insurance coverage is also provided under this department. 2010 NEW INITIATIVES: ® TBD 2010 ONGOING COMMITMENTS: ® Identify facility maintenance needs. ® Identify options for maximum utilization of office space. ® Maintain facilities at current level or better utilizing staff to reduce maintenance costs. ® Promote community programs that enhance public facilities, such as "Adopt-A-Garden". SIGNIFICANT CHANGES AFFECTING BUDGET: Equipment maintenance increase of $26,000 for the computer support agreement with WarnerConnect. (This increase is expected to be off-set by reductions in telephone expense.) Replacement copier - $20,000, to be funded via a transfer from the technology fund. 20 FUND: 101 DEPARTMENT: Municipal Building - City Nall DEPT 41940 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 0 0 0 0 0 0 0 0 Supplies/Materials 22,390 34,518 26,532 26,300 15,245 54,800 54,800 0 Support Services 130,974 100,227 116,950 139,500 19,370 137,500 133,000 0 Capital Outlay 54,036 71,899 7,890 101,120 0 123,000 126,000 0 Transfers 50,000 110,000 50,000 110,000 0 60,000 60,000 0 TOTAL 257,400 316,644 201,372 376,920 34,616 375,300 373,800 0 STAFFING: 21 FUND: 101 GENERAL DEPARTMENT NUMBER: 42100 DEPARTMENT MISSION: To deliver unparalleled police service by sustaining an organizational philosophy that fosters pride, dedication, and excellence among department personnel. This, in turn, nurtures innovative problem solving, community partnerships, and proactive crime suppression that enhances the quality of life in the cities of Excelsior, Greenwood, Shorewood, and Tonka Bay. DEPARTMENT DESCRIPTION j PURPOSE: The South Lake Minnetonka Police Department (SLMPD) is a joint powers entity organized under MN Statute 479, by the cities of Excelsior, Greenwood, Shorewood, and Tonka Bay to provide member communities with law enforcement services. The SLMPD patrol division provides regular proactive patrol in each of the member communities 24 hours a day, 365 days a year and responds to 911 calls. The investigation unit provides follow-up investigations in an effort to resolve the crime and initiate prosecution of the crime. Officers also respond to medical emergencies to provide initial care and assistance to injured persons. Officers work with the Minnetonka school district on educational activities such as CounterAct, a substance abuse prevention program. The department has an active community service officer program that provides animal control services to the community and provides assistance to officers in areas such as traffic control, parking enforcement, and where a licensed peace officer is not required. 2010 NEW INITIATIVES: ® TBD 2010 ONGOING COMMITMENTS: ® Provide regular patrols and proactive enforcement of state and local laws. Investigation of criminal incidents in Shorewood. ® Operation of the emergency operations center. ® Deployment of the speed cart in areas and neighborhoods where speeding is a concern. SIGNIFICANT CHANGES AFFECTING BUDGET: The only potential change is in the cost of fuel and ammunition. Otherwise, the SLMPD budget is rather flat from 2009 to 2010. Costs are allocated to each participating city on a set percentage basis. Shorewood's share of the SLMPD budget for the period 2007 - 2011 is 50%. 22 FUND: 101 BUDGET ITEM DEPARTMENT: Police Actual Actual 2006 2007 Actual 2008 Adopted 2009 YTD June 2009 Proposed 2010 Revised 2010 DEPT 42100 Adopted 2010 Staffing 0 0 0 0 0 0 0 0 Supplies/Materials 184 59 0 0 0 0 0 0 Support Services 781,829 822,962 895,059 943,000 470,657 950,887 950,000 0 Capital Outlay 254,596 249,508 244,004 233,000 116,470 235,000 230,000 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 1,036,609 1,072,529 1,139,063 1,176,000 587,127 1,185,887 1,180,000 0 STAFFING: Chief 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Deputy Chief 1.00 1.00 1.00 1.00 0.00 0.00 0.00 Lieutenant 0.00 0.00 0.00 0.00 1.00 1.00 1.00 Detectives 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Patrol Sergeants 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Patrol Officers 7.00 7.00 7.00 7.00 7.00 7.00 7.00 Community Service Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Office Administrator 1.20 1.20 1.20 1.00 1.00 1.00 1.00 Office Specialist (2 - PT) 1.00 1.00 1.00 1.15 1.15 1.15 1.15 Community Service Officer (3 - PT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Total FTE's 18.20 18.20 18.20 18.15 18.15 18.15 18.15 23 FUND: 101 GENERAL DEPARTMENT NUMBER: 42200 DEPARTMENT MISSION: To protect and enhance the quality of life of those who live, work and play within our community. This mission is achieved through fire suppression, emergency medical services, fire prevention, community awareness, hazardous material mitigation and disaster response. DEPARTMENT DESCRIPTION / PURPOSE: The Excelsior Fire District (EFD) is a joint powers organization created and operated under MN Statute 479 and serves the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay. The EFD is governed by a five member board consisting of one elected official from each member city. The board establishes the budget and policy direction of the EFD. The fire chief is appointed to carry out the policies and mission. The city administrators from each member city serve on the operations committee and work with the chief to make the department a success. Shorewood also contracts for fire service from the Mound fire department to provide fire protection to residents living on Enchanted and Shady Islands. The fire departments provide fire suppression/investigation services; first responder/emergency medical services; and assists with water rescue operations. A key component is education and prevention; therefore the district has a full-time fire inspector to ensure homes and businesses are in compliance with state fire code; the position also provides educational opportunities to schools. 2010 NEW INITIATIVES: • TBD 2010 ONGOING COMMITMENTS: • Provide responses to calls for fire service • Fire inspections • Train staff • Maintain fire equipment. SIGNIFICANT CHANGES AFFECTING BUDGET: The major change in the EFD's 2010 budget is a required contribution to the Fire Relief Association in the amount of $120,000. The Fire Board used a combination of cuts to the operating budget, operating fund reserves, and facility fund reserves to cover this expense. This resulted in a 0% increase in the member cities' contributions, including Shorewood, to the district for the 2010 EFD budget. 24 FUND: 101 DEPARTMENT: Fire Protection DEPT 42200 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 0 0 0 0 0 0 0 0 Supplies/Materials 0 0 0 0 0 0 0 0 Support Services 314,647 291,368 319,411 316,138 161,590 316,138 315,858 0 Capital Outlay 249,203 304,579 303,524 284,500 138,635 284,500 279,624 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 563,850 595,947 622,934 600,638 300,225 600,638 595,482 0 EFD STAFFING: Chief (F/T) 1.00 1.00 1.00 1.00 Pending Pending Pending Asst. Chief 1.00 1.00 1.00 1.00 Dist. Chief 2.00 2.00 3.00 3.00 Captain 3.00 3.00 4.00 4.00 Coordinators 0.00 0.00 8.00 8.00 Fire Marshal (F/T) 0.00 0.00 0.00 0.00 Fire Inspector (P/T) 1.25 1.25 1.25 1.25 Training Officer 1.00 1.00 0.00 0.00 Firefighters 41.00 41.00 34.00 34.00 Admin Support (P/T) .25 .25 .5 .25 25 FUND: 101 GENERAL DEPARTMENT NUMBER: 42400 DEPARTMENT MISSION: To safeguard life, health, property and public welfare by enforcing construction, safety, and building codes through plan review and inspections. DEPARTMENT DESCRIPTION / PURPOSE: Protective Inspections provides the following services: plan review, issuance of permits, field inspections for building construction projects; inspection observation for zoning code enforcement and property maintenance; inspection and monitoring of the city's rental housing program; and monitors environmental measures such as erosion control and tree replacement/reforestation. The department is also responsible for managing the long-term maintenance of city-owned buildings. 2010 NEW INITIATIVES: • TBD 2010 ONGOING COMMITMENTS: • Ensure compliance with property maintenance and rental housing regulations, in conjunction with the planning and zoning department. • Offer property maintenance and code information to the public through the website and newsletter. • Provide the following services in a timely, professional manner: building plan review, building inspections and zoning/property maintenance inspections. • Improve the coordination of plan review among various departments, including planning, engineering, and fire. SIGNIFICANT CHANGES AFFECTING BUDGET: None. 26 FUND: 101 DEPARTMENT: Protective Inspection DEPT 42400 BUDGET ITEM Actual 2006 Actual 2007 Actual 2008 Adopted 2009 YTD June 2009 Proposed 2010 Revised 2010 Adopted 2010 Staffing 124,767 118,166 130,391 122,484 53,538 117,552 117,943 0 Supplies/Materials 38 291 5 750 0 400 400 0 Support Services 14,689 9,685 7,388 10,700 1,861 6,800 6,800 0 Capital Outlay 87 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 139,580 128,142 137,784 133,934 55,399 124,752 125,143 0 STAFFING: Full time: Building Official 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Planning Dir .03 .03 .03 .03 .03 .03 .03 Planning Asst .20 .20 .20 .20 .20 .10 .10 Secretary/Recept .10 .10 .10 .10 .10 .10 .10 Parks Secretary .05 .05 .05 .05 .05 .05 .05 27 Cit Y FUND: 101 GENERAL DEPARTMENT NUMBER: 43010 DEPARTMENT MISSION: To strive to provide effective and timely engineering and construction management services for the city; and to protect and enhance the infrastructure of the city as directed by the city council. DEPARTMENT DESCRIPTION / PURPOSE: This department is responsible for general engineering services in the city, including: development and implementation of the Capital Improvement Program (CIP); design and construction of public infrastructure improvement projects; review of all development proposals and plans; stormwater management and drainage plans; erosion control plans; and traffic management; all in accordance with city standards and good engineering practices. This position also serves as a liaison between the various government agencies. 2010 NEW INITIATIVES: • Coordination and technical provisions for creation of GPS data bases. • Nelsine and Meadowview street rehabilitation projects. • Sanitary sewer I & I mitigation (create plans/specifications; televise) for the Galpin Lake area. 2010 ONGOING COMMITMENTS: • Assist in determining right-of-way needs • Maintain construction files in a timely and accurate manner • Communicate in written manner to impacted residents twice during a construction project • Provide good public relations with property owners adjacent to construction projects • Provide in-house engineering, where feasible • Annual pavement marking • Annual sealcoat maintenance • Annual mill and overlay maintenance • SWPPP inspection, reporting, compliance • Capital Improvement Program projects SIGNIFICANT CHANGES AFFECTING BUDGET: Reduction in staffing costs from $132,600 (2009) to approximately $99,300 (2010) via staffing cuts. Capital expenditures to include a PDA and GPS data tracking telephone ($1,000). 28 FUND: 101 DEPARTMENT: City Engineer DEPT 43010 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 111,465 119,803 124,018 132,594 64,474 99,286 94,875 0 Supplies/Materials 579 1,485 688 900 242 425 425 0 Support Services 83,389 9,184 7,505 18,653 3,839 15,146 15,146 0 Capital Outlay 0 2,526 15,365 8,910 1,828 1,000 1,000 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 195,433 132,998 147,576 161,057 70,382 115,857 111,446 0 STAFFING: Full time: City Engineer 0.00 0.92 0.95 0.95 0.95 0.95 0.90 Eng Technician 0.71 0.32 0.25 0.25 0.00 0.00 0.00 Clerical 0.10 0.01 0.10 0.10 0.10 0.10 0.10 Dir of Pub Wks 0.50 0.25 0.02 0.02 0.02 0.02 0.02 Part time: Clerical 29 m y FUND: 101 GENERAL DEPARTMENT NUMBER: 43050 DEPARTMENT MISSION: To provide top quality, professional, effective, and timely supervision and support for all public works functions; and provide for public works utilities, shop, equipment maintenance, and fuels. DEPARTMENT DESCRIPTION / PURPOSE: This department provides for management and support services for the city's infrastructure, including roadways, trees, pathways, parks, wastewater collection systems, storm water systems, buildings, grounds and structures, in addition to vehicles, equipment, and traffic signals. 2010 NEW INITIATIVES: ® TBD 2010 ONGOING COMMITMENTS: Key areas of focus include support and maintenance of: • public buildings • signalized intersections along State and County roadways • 50 miles of local roadways • 101 acres of parkland and play structures ® 50 pieces of equipment for the Public Works fleet, including vehicles, trailers and implements. SIGNIFICANT CHANGES AFFECTING BUDGET: Fuel and oil costs reduced from $51,750 (2009) to $43,123 in 2010, reflecting current market conditions. General supplies reduced from $10,000 (2009) to $9,000 2010, as a cost cutting measure. Utilities for public buildings reduced from $18,400 (2009) to $15,000 reflecting current market pricing. Capital expenditure to include a replacement radio base station ($3,800). 30 FUND: 101 DEPARTMENT: Public Works Service DEPT 43050 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 266,420 292,023 295,616 290,805 145,818 292,287 295,372 0 Supplies/Materials 53,501 70,206 77,289 80,800 26,994 72,123 71,123 0 Support Services 35,829 42,142 40,700 45,940 19,809 46,090 42,690 0 Capital Outlay 7,468 639 0 2,950 0 3,800 3,800 0 Transfers 200,000 200,000 175,000 175,000 0 175,000 100,000 0 TOTAL 563,218 605,010 588,605 595,495 192,621 589,300 512,985 0 STAFFING Full time: Pub Wks Dir Lt Equip Oper Clerical Utility Maint. Operators Utility Lead 0.49 0.75 0.50 0.50 0.50 0.50 0.50 1.93 1.50 1.95 1.95 1.95 1.95 1.95 .08 .05 .05 .05 .05 .05 .05 .77 .67 .67 .67 .67 .67 .67 .44 .25 .50 .50 .50 .50 .50 31 ets FUND: 101 GENERAL DEPARTMENT NUMBER: 43100 DEPARTMENT MISSION: To properly maintain the city's 50 miles of roadways and single bridge in an efficient and cost effective manner that will provide a safe and effective means to convey vehicular and pedestrian traffic, and to maximize the service life of the roadway surfaces and bridge infrastructure. DEPARTMENT DESCRIPTION / PURPOSE: The department uses internal personnel to patch and maintain asphalt surfaces, structures and perform roadway casting adjustments in the most cost effective manner. Specialty services such as roadway striping, asphalt milling and overlay, and bituminous seal-coating are completed by contractors equipped for these specialty services. 2010 NEW INITIATIVES: ® TBD 2010 ONGOING COMMITMENTS: ® Maintain all city roadways at a pavement rating of 3 or above, based on the city's pavement inventory rating system. SIGNIFICANT CHANGES AFFECTING BUDGET: General supplies increased from $73,000 (2009) to $85,000 to reflect current market pricing for asphalt patching material and supplies. 32 FUND: 101 BUDGET ITEM DEPARTMENT: Streets & Roadways Actual Actual Actual 2006 2007 2008 Adopted 2009 YTD June 2009 Proposed 2010 Revised 2010 DEPT 43100 Adopted 2010 Staffing 87,376 87,344 100,157 93,895 28,928 94,369 95,607 0 Supplies/Materials 65,953 66,260 82,993 73,000 12,652 73,000 85,000 0 Support Services 11,379 17,617 14,284 23,500 3,390 23,500 23,500 0 Capital Outlay 0 0 0 550 0 0 0 0 Transfers 345,000 345,000 645,000 700,000 0 700,000 700,000 0 TOTAL 509,708 516,221 842,434 890,945 44,970 890,869 904,107 0 STAFFING: Full time: Lt Equip Operators 1.03 1.00 1.15 1.15 1.15 1.15 1.15 Util. Lead .25 .03 .2 .2 .2 .2 .2 33 i. L FUND: 101 GENERAL DEPARTMENT NUMBER: 43125 DEPARTMENT MISSION: To provide snow removal and ice control for all local roadways, public parking areas, and pedestrian ways to ensure the safe and efficient movement of traffic, emergency vehicles, and the general public, before, during, and after inclement weather events. DEPARTMENT DESCRIPTION / PURPOSE: Snow is plowed and removed and de-icing chemicals are applied to the city's 50 miles of roadways after a 2-inch snowfall, or when roadway conditions dictate, in order to maintain safe conditions. This is accomplished with the city's five (5) dump trucks, one (1) grader, one (1) front end loader, and two (2) pickup plows. 2010 NEW INITIATIVES: ® Investigate alternative de-icing chemicals. 2010 ONGOING COMMITMENTS: ® Remove snow and ice and complete salt/sand operations within 12 hours of a snow event. ® Clear trails, parking lots, and hockey rinks within 48 hours after roadway plowing has been completed. SIGNIFICANT CHANGES AFFECTING BUDGET: None. 34 FUND: 101 BUDGET ITEM DEPARTMENT: Actual 2006 Snow & Ice Removal Actual Actual 2007 2008 Adopted 2009 YTD June 2009 Proposed 2010 Revised 2010 DEPT 43125 Adopted 2010 Staffing 14,468 33,960 33,875 41,172 15,833 40,379 40,857 0 Supplies/Materials 12,862 35,229 34,731 45,340 24,271 45,117 45,117 0 Support Services 0 0 0 0 0 0 0 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 27,330 69,189 68,606 86,512 40,104 85,496 85,974 0 STAFFING: Full time: Lt Equip Oper (LEO) .14 .42 .40 .40 .40 .40 .40 Util Maint .04 .09 .05 .05 .05 .05 .05 Util Lead .04 .10 .05 .05 .05 .05 .05 35 A- Control Lit FUND: 101 GENERAL DEPARTMENT NUMBER: 43160 DEPARTMENT MISSION: To install and maintain traffic control devices, such as traffic signals, roadway lighting, traffic signs in accordance with the MN manual on Uniform Traffic Control Devices. DEPARTMENT DESCRIPTION / PURPOSE: This department routinely inspects all traffic signing and traffic control devices for condition and conformance to standards, and responds promptly to all traffic knock downs, vandalism, or destruction of traffic control devices. Coordinates relamping of LED signal indications by contracted licensed electricians. 2010 NEW INITIATIVES: ® Create a database for all traffic control devices, for conformance to standards for location and reflectivity standards, in accordance with Federal Highway Administration (FHWA) mandates. 2010 ONGOING COMMITMENTS: • Replacement of worn, damaged, or faded roadway name plate signs as the budget allows. SIGNIFICANT CHANGES AFFECTING BUDGET: General supplies increased from $4,000 (2009) to $6,000 in 2010 to meet the FHWA mandates. 36 FUND: 101 DEPARTMENT: Traffic Control/Street Lighting DEPT 43160 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 0 355 0 0 0 0 0 0 Supplies/Materials 1,415 4,067 2,873 4,000 512 6,000 6,000 0 Support Services 40,286 34,852 43,664 43,600 17,615 45,049 45,049 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 41,701 39,274 46,537 47,600 18,127 51,049 51,049 0 STAFFING: 37 nitation . FUND: 101 GENERAL DEPARTMENT NUMBER: 43200 DEPARTMENT MISSION: To perform the duties of MN State Statute18.81 for the control of noxious weeds, as defined in MN Rules 1505.0730, as they are injurious to public health, the environment, public roads, crops, livestock, and other property. DEPARTMENT DESCRIPTION / PURPOSE: The city's designated weed inspector inspects properties, both public and private, on a complaint basis (for private properties), and provides documentation to assist staff and the city council to determine if a property is in violation. Duties also include property cleanup for properties found in violation of the city code and where the city council deems such duties are necessary. The city contracts with licensed services to apply herbicides to all road sides, park lands and public lands to control of noxious weeds. 2010 NEW INITIATIVES: No new initiates are being proposed for this department at this time. 2010 ONGOING COMMITMENTS: ® Weed inspection services as defined above. SIGNIFICANT CHANGES AFFECTING BUDGET: None. 38 FUND: 101. DEPARTMENT: Sanitation/Waste Removal/Weeds DEPT 43200 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 608 2,667 2,005 645 1,994 649 0 0 Supplies/Materials 0 0 32 500 0 500 500 0 Support Services 5,395 1,791 7,698 4,400 0 4,400 4,400 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 6,003 4,458 9,736 5,545 1,994 5,549 4,900 0 STAFFING: 39 DEPARTMENT DESCRIPTION / PURPOSE: The department is responsible for the detection and removal of diseased and unsafe trees in the city rights-of-way and other properties, and pruning of trees on city property. Contracted services are often used for removal of trees. 2010 NEW INITIATIVES: ® The new threat of the Emerald Ash Borer will be investigated. 2010 ONGOING COMMITMENTS: ® Ongoing efforts to identify and control Oak Wilt will continue. SIGNIFICANT CHANGES AFFECTING BUDGET: Contracted services increased from $11,000 (2009) to $13,000 (2010) for anticipated increases in tree removal services. 40 FUND: 101 BUDGET ITEM DEPARTMENT: Tree Maintenance Actual Actual Actual 2006 2007 2008 Adopted 2009 YTD June 2009 Proposed 2010 Revised 2010 DEPT 43250 Adopted 2010 Staffing 22,122 17,801 19,042 16,968 3,528 17,054 17,279 0 Supplies/Materials 1,323 502 333 2,600 264 2,700 2,700 0 Support Services 7,110 11,295 4,975 11,000 2,239 13,500 13,500 0 Capital Outlay 0 0 0 0 0 0 0 0 Transfers 0 0 0 0 0 0 0 0 TOTAL 30,555 29,598 24,351 30,568 6,031 33,254 33,479 0 STAFFING: Lt Equip Operator (LEO) .27 .25 .25 .25 .25 .25 .25 41 FUND: 101 GENERAL DEPARTMENT NUMBER: 45200 DEPARTMENT MISSION: To provide quality and attractive amenities to meet the diverse recreational and social needs of the community. DEPARTMENT DESCRIPTION / PURPOSE: The main objective of this department is to provide proactive maintenance of park facilities and grounds to ensure they are safe and attractive to park users. The department is also charged with developing, implementing and improving recreational and cultural offerings in the parks such as the music in the parks, free educational programming, community gardens, and so on. Finally, the department is responsible for the implementation of the park improvement master plan as recommended by the park commission and approved by the city council. 2010 NEW INITIATIVES: • Apply for available grant funds to support capital projects. • Refurbish Badger Park warming house. • Install "rustic" trails at Badger and Silverwood Parks. • Continue tennis court rehabilitation program. • Consider expanding the community garden program. 2010 ONGOING COMMITMENTS: • General maintenance of park grounds and facilities. • Working with the athletic associations on use and scheduling of facilities • Regular park programming. SIGNIFICANT CHANGES AFFECTING BUDGET: The most significant change is personnel related: the Park Secretary and Community Rec Resources will devote more time to park activities. There is also an added allotment ($6,000) for the AIS (aquatic invasive species) program. Lastly, the transfer to the park CIP fund is now $42,000 (previously $45,000). The $3,000 difference is now allocated to park initiatives such as Arctic Fever and Community Gardens. 42 FUND: 101 DEPARTMENT: Parks & Recreation DEPT 45200 BUDGET Actual Actual Actual Adopted YTD June Proposed Revised Adopted ITEM 2006 2007 2008 2009 2009 2010 2010 2010 Staffing 112,753 126,592 139,162 137,710 73,001 137,759 160,481 0 Supplies/Materials 6,861 8,836 14,810 12,300 9,629 12,300 16,300 0 Support Services 49,797 55,491 75,282 52,200 49,771 86,700 92,600 0 Capital Outlay 0 10,000 0 0 5,003 0 0 0 Transfers 15,000 15,000 15,000 45,000 0 45,000 42,000 0 TOTAL 184,411 215,919 244,255 247,210 137,404 281,759 311,381 0 STAFFING: Full time: Dir of Public Wks Lt Equip Oper Clerical Part time: Clerical Seasonal: Summer Winter (rinks) .07 .03 .03 .03 .03 .03 1.51 1.50 1.25 1.25 1.25 1.25 1.25 .30 .33 .35 .35 .35 .35 .65 1.00 1.00 1.00 1.00 1.00 1.00 1.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 43 Department: Finance Council Meeting: 8/24/2009 Item Number: From: Bonnie Burton, Finance Director/Treasurer Brian Neck, City Administrator/Clerk Item Description: Setting the truth-in-taxation 2010 budget hearing dates Background / Previous Action The Truth-in-Taxation process to,be followed this year is similar to years past. The attached resolution sets Monday, December 7, 2009 as the Truth-In-Taxation hearing date with a follow-up hearing and budget adoption at the next regularly scheduled council meeting of December 14, 2009. Staff recommends adoption of the resolution setting these dates for the truth-in-taxation hearings. Options 1. Adopt the resolution as presented. Staff Recommendation Staff recommends adoption of the resolution setting the dates for the truth-in-taxation hearings and final budget and levy adoption, as presented. Council Action: CITY( ~ . IE O RESOLUTION NO. 09- A RESOLUTION SETTING TRUTH-IN-TAXATION PUBLIC HEARINGS ON THE PROPOSE 2010 BUDGETS AN THE 2010 PROPERTY TAX LEVY WHEREAS, Minnesota State Law requires local governments to hold public meetings on their proposed budgets and property tax levies, and to publish notice of said public hearing to achieve truth in taxation, and, WHEREAS, the Minnesota Department of Revenue has issued guidelines for local governments to follow in implementing truth in taxation requirements, and, WHEREAS, it is the intention of the City Council to comply with such guidelines, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that a public hearing on the proposed 2010 Municipal Budgets and the property tax levy for 2009, collectible in 2010, be held on Monday, December 7, 2009, at 7:00 p.m., or as soon thereafter as possible, and a continuation hearing, discussion, and adoption of the final budget and levy, will be held on Monday, December 14, 2009, at 7:00 p.m., or as soon thereafter as possible, at the City Hall. Notice of such public meetings shall be published in accordance with Minnesota State Law and guidelines set forth by the Minnesota Department of Revenue. ADOPTED by the City Council of the City of Shorewood this 24th day of August, 2009. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk