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121409 CC Reg AgPCITY OF SILO WOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 14, 2409 J # B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, 11/23/09 Minutes B. City Council Regular Meeting Minutes, 11/23/09 Minutes 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda A. Approval of the Verified Claims List Claims List B. City Clerk's License List Deputy Clerk's CAF C. Setting February 8, 2010, for the Storm Water Engineer's CAF Pollution Prevention Program (SWPPP) Public Information Meeting D. Setting February 22, 2010, for the 2010 City Water Engineer's CAF Ordinance Amending Hearing E. City Attorney Services for 2010 Administrator's CAF 5 minutes 6:00 p.m. 5 minutes 6:05 p.m. F. Clear Wireless LLC — C.U.P. for Planning Telecommunications Equipment Director's CAF CITY COUNCIL REGULAR MEE AGENDA — December 14, 2004 Page 2 of 3 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Establishing 2010 Salary and Benefit Contribution Administrator's 5 ininutes 6:40 p.m. CAF B. 2010 Goals and Objectives Administrator's 5 minutes 6:45 p.m. CAF 11. STAFF AND COUNCIL REPORTS Attachments Estimated Estimated Thne in Start Time Minutes (Clock Time) F. - continued from page I 1. Site 1: 26352 Smithtown Road Resolution 2. Site 2: 5500 Old Market Road Resolution 3. Site 3: 24285 Smithtown Road Resolution G. Authorize Expenditure of Funds for Voting Booths Deputy Clerk's CAF H. Staffing Changes Administrator's CAF 1. Extending the Electronic Parcel Database (EPDB) Deputy Clerk's License Agreement with Hennepin County for the CAF, Year 2010 Resolution 4. MATTERS FROM THE FLOOR 10 minutes 6:10 p.m. (No Council action will be taken) 5. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Communications 5 minutes 6:20 p.m. Commission activities by Representative Patrick Hodapp B. Report on Lake Minnetonka Conservation District Report 5 minutes 6:25 p.m. activities by Representative Richard Woodruff 6. PUBLIC HEARING 7. PARKS - Report by Representative 5 minutes 6 :30 p.m. 8. PLANNING - Report by Representative 5 minutes 6:35 p.m. A. In-House Training Update Planning Director's CAF 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Establishing 2010 Salary and Benefit Contribution Administrator's 5 ininutes 6:40 p.m. CAF B. 2010 Goals and Objectives Administrator's 5 minutes 6:45 p.m. CAF 11. STAFF AND COUNCIL REPORTS CITY COUNCIL REGULAR MEETING ING AGEN A Deceinber 14 2009 Page A of A. Administrator and Staff 1. Nelsine Drive Improvement Project Progress Deport B. Mayor and City Council t Fl \I Estimated Estimated Time in Start Time Minutes (Clack Time) 5 minutes 6:50 p.m. 5 minutes 6:55 p.m. I minute 7:00 p.m. Executive Summary i r tve z y Monday, Y 200 Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: Several garbage haulers, tree trimmers and three massage therapists have completed the necessary paperwork for a license to conduct business in the city. Agenda Item #3C: As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the permit requires an annual public meeting be held to discuss the Storm Water Pollution Prevention Program. Staff is recomrnending that this meeting be held February 8, 2010, at 7 PM, as part of the regular City Council meeting. Staff recommends that Council set this date and time for the Public Informational meeting. Agenda Item #3D: Staff proposes setting Feb 22, 2010 as the Public Hearing Date for water ordinance amendments. This allows staff the necessary time to notice the hearing per ordinance. Agenda Item #3E: In 2008, the City Council selected Mary Tietjen of Kennedy and Graven to handle the civil work for the city, and entered into a 3 -year agreement for the period 1/1/09 — 12/31/11. This item approves the continuation of this agreement, with no change in the rates or services for 2010. Agenda Item #3F: The resolutions for the three applications for telecommunications equipment by Clear Wireless are included in this packet. One of them has a Water Tower Space agreement attached (the other is the same except for the location and exhibits). The agreement has been reviewed and edited by the City Attorney, Public Works Director and Planning Director. If anyone on the Council want copies of the attachments, either paper of electronic, please contact the Planning Director prior to Monday night's meetng. Agenda Item #3G: Authorize expenditure of fiends for the purchase of four AMEE voting booths for a total of $780, with funds available in the Election equipment maintenance budget. Agenda Item #3H: This item approves the staffing recommendations as presented at the December 7, 2009, Council work session. Executive Summary -- City Council Meeting of December 14, 2009 Page 2 of 2 Agenda Item #31: Approval of Resolution extending the LPDI3 License Agreement 4,A13010 with Hennepin County in order to continue to receive updated parcel map data from the County in the year 2010, Agenda Item 95A: Lake Minnetonka Communications Commission (LMCC) Representative Patrick Plodapp will report on recent LMCC activities. Agenda Item #513: Lake Minnetonta Conservation District (LMCD) Representative Richard Woodruff will report on recent LMCD activities. Agenda Item #7: Park Commissioner Travis DeMers will report on the December 8 Park Commission meeting. Agenda Item #8: A representative will report on the December 1 Planning Commission meeting. Agenda Item #8A: Staff has obtained some preliminary costs for in -house training of Planning Commission members. It has been suggested that the funding of this effort come from this year's Planning budget — travel, conferences and schools. Agenda Item #10A: This item outlines, for Council consideration, the 2010 Salary and Benefit contribution recommendations, which would take effect January 1, 2010. Agenda Item #IOB: This is the revised Goals and Objectives document being presented for Council consideration. [W2A CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, NOVEMBER 2, 2009 2. CONVENE CITE' COUNCIL EXECUTIVE SESSION Mayor Liz6e called the meeting to order at 6:39 P.M. A. Roll Call Present. Mayor Liz6e; Councilmembers Bailey, Turgeon, Heck Absent: None B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as pr 2. UNION NEGOTIATIONS Mayor Liz6e; Councilmembers Bailey, Turgeon, Woodruff and present. The purpose of the meeting was to discuss the City's neg the American Federation..of State, County and Municipal Emplo) representing the City's Public Works employees). 3. ADJOURN 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:30 P.M. ruff and Zerby; and Administrator . Motion passed 5/0. by; and Administrator Heck were :ions with Local 224, Council 5, of , AFL -CIO labor union (the union Woodruff moved, Zerby seconded, Adjourning "the City Council Executive Session of November 23, 2009, at 7:09 P.M. Motion passed 510. Christine Freeman, ATTEST: Christine Liz6e, Mayor Brian Heck, City Administrator /Clerk CITY OF S O _ EWOOD CITY COUNCIL REGULAR MEE'T'ING MONDAY, NOVEMBER 2 , 2009 MINUTES Mayor Liz6e called the meeting to order at 7:15 P.M. A. Roll Call Present. Mayor Liz6e; Councilmembers Bailey, Turgeon, City Administrator Heck; Finance Director B Engineer Landini Absent: None. B. Review Agenda Mayor Liz6e apologized for the late start of the meeting. She an executive session prior to this meeting. Mayor Liz6e requested that the Resolution No. 0,9- 06416 ""Su Road 19 Trail Concept Design Plan be considered �as part :of It( .uff and Zerby; Attorney Tietjen; Planning Director Nielsen; and Council had a work session and the Recommendations of the County 3 on the agenda. B. City Council Regular Meeting Minutes, November 9, 2009 Woodruff moved, Tuff geon seconded, Approving the City Council Regular Meeting Minutes of November 9, 2009, as aitnended in Item O.A, Page 9, Paragraph 3, Sentence 5 change "The City has no record of what dept~" to "The City has no record of what depth ". Motion passed 510. C. City Council Work Session Minutes, November 16, 2009 Woodruff moved, Turgeon seconded, Approving the City Council Work Session Minutes of November 16, 2009, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Liz6e reviewed the items on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2009 Page 2 of 23 Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Property and Liability Insurance Renewal (This was moved to Item IO.A under General/New Business.) D. Community Garden Plot and Guidelines Renewal (This was moved to Item 10.13 under General/New Business.) E. Approving the Purchase on One Tot Lot Piece for Each of the Five Parks Renewal (This was moved to Item I O.0 under General/Nev Business.) F. Approving the Definition of Manor Park Shelter Improvements Renewal (This was moved to Item l O.D under General/New Business.) Motion passed 510. 4. MATTERS FROM THE FLOOR George Greenfield, 24715 Yellowstone Trail stated during the November'% 2009, Council meeting he asked a question that he had been asking City staff for four months. He indicated he has still not received an answer to his question. He stated he is not an attorney, he does not have access to a law library and he does not use the internet. Ye he was able to findoiit the answer to his question in one day. From his vantage point he thought it should 156"Iroubling to the citizens of Shorewood that the City Administrator and City Attorney don't Have command of the information. The information he was trying to get was about State Statutes 177 41 :,;1.77.44 which have to do W th the prevailing wage law. What he found out was that cities in Minnesota are'liable`to fo7lo:W,the prevailing wage law. The only exceptions are if the cost of protect less then $2,500 where only one kind of trade is involved, or the cost of the project is less then $`2,-5;000 wheie�tlaere is more then one type of trade involved. Both the Eddy Station project and the City all landscaping p�ject met the, criteria for the prevailing wage law. He still does not know if the Crtygtl the prevailing vage or rf Ctt staff knew the law was applicable to the City. He expressed his strong displeasure with not receiving a "response from the City for such an extended period of time. He stated when there is no representation with taxation and when there is such a regal attitude to go with it that spells trouble.., Mayor Lizee thanked Mr, Greenfield for his comments. Mr. Greenfield departedAhe meeting. Administrator Heck stated lie had spoken with Attorney Tietjen about this, but he did not respond to Mr. Greenfield in a timely manner. Heck explained if a city does a project that is funded by state dollars that city has to follow the prevailing wage law. If a project is not funded by state dollars it does not have to follow that law. What confuses the issue is cities may receive local government aide (LGA) and the LGA is not designated to a specific project. The League of Minnesota Cities has advised and provided the opinion that when a municipality is doing a project which is funded with general fund dollars it should follow the state statute if it's receiving LGA. The City doesn't receive any LGA, but is has received CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2009 Page 3 of 23 minimal homestead market credit. The Eddy Station project was funded out of the Park Fund and this fund is funded out of transfers from the General Fund, The City cannot determine if any of the funds in the General were from state aid. Because the City does not receive any LGA or other state aid those projects were not subject to the prevailing wage law. For roadway projects where the City does receive state aid it does follow the law. Mayor Lizee suggested the City nail Mr. Greenfield a written response on the City's findings regarding the prevailing wage law. A. Minnetonka Community Education (MCE) Representative Tad Shaw Report on MCE Activities Mayor Lizee stated Tad Shaw, the City's representative on the>M Community Education (MCE) Advisory Council, was present this evening to give a repotI on MCE" activities. Mr. Shaw stated he had been the City's representative on the MCE Advisory Council for over 20 years, noting Ile started in 1980. MCE grew from giving violin lessons and h nning sports programs to the all encompassing program it is today. MCE provides early childhood family education programs, youth programs, adult programs, and programs for people with disabilities. The list of programs provided is extensive. Eighty -five percent of the cost of the programs is paid for- by the users. The remaining 15 percent comes from a levy MCE is allowed 'to '&''A'nd state funds. elds. Th City' °s residents don't have any liability for MCE. Mr. Shaw explained the 2008 MCE fall catalogue liste&281 classes or activities, and the 2009 catalogue listed 329. The MCE conducted a $urvey sending o6f.6,464 e -mail slrrvey requests and 960 of the surveys were completed and returned. The stfuey results indicated that 86 percent of the respondents rated the ellent or good. The ratings have consistently been above 80 percent. Also, 88 MCE class /activity as:exc percent of the respondents rated the instructor as excellent or good. For 19 percent of the respondents it was the first class /activity they participated in. MCE's most effective way of contacting residents in the area is through ,its catalogue whielr.is sent ouf three: Ylines a year; 63 percent of the respondents indicated that is ho)N found out?sThirty tuvo percent of the program participants were in the 6 — 10 year age group and 12 percent were " the 1 1 — 15 year age group. They participated in the after school and athletic prograin ty -seven percent ='of the pa ipants were female. The registrations are up 1,000 over last year. The Deephaven Educatidn.Center has been completely remodeled, and MCE rents the Center from the Minnetonka School District ; Councilmember Woodruff asked "Mr. Shaw if MCE has any significant new initiatives planned. Mr. Shaw stated the MCE is ass6inblift a group of past participants and non - participants in January — February 2010 to determine what rrnprovements they would like MCE to make. MCE continually receives requests for new ideas. He commented that from his vantage point MCE has always been a leader in providing community education services. Mayor Lizee thanked Mr. Shaw for his services. B. Andrew Gillett, Hennepin County, Report on Trail Extension from the LRT Trail Crossing at County Road 19 to the Old Dakota Rail Line in Orono CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES November 23, 2009 Page 4 of 23 Mayor Lizee stated Andrew Gillett, with Hennepin County, was present to give a presentation on the trail extension from the LRT Trail crossing at County Road 19 to the Old Dakota Rail Line in the City of Orono. She explained she invited Mr. Gillett to present this to the full Council so Council can demonstrate its support for such a vision. Mr. Gillett explained he made this presentation at a joint meeting of the Orono, Shorewood and Tonka Bay City Councils about a month ago. The highlights of Mr. Gillett's presentation are as follows. (A copy of the presentation is on file.) In 2005 the City of Tonka Bay had commissioned a consulting firm to do a feasibility study within Tonka Bay for a trail along County Road: T9 that would extend from Glen Road to Echo Bay via Tonka Bay Road and West' Point Road. Tonka Bay did not implement the feasibility study. In January 2008 Hennepin County created a program called Hennepin County Community Works Border Grant Program. in January 2008 Hennepin County received a joint grant application from the Cities of Orono, Shorewood and TonkaBay to .embark on a similar study to consider an off - street trail along County Road 19 that would connect the Minnetonka Regional Trail just north of Smithtown Road with the new Dakota Trail in Orono. The trail would actually extend to Smithtown Road which is a little south of the Minnetonka Regional Trail,; ➢ The planning process consistdd;of a Project Advisory, Committee comprised of three residents from each of the three cities, the Three Rivers Park District, Hennepin County and the Consulting Team from'LHB; "Inc: & Stonebrooke Engineering, Inc. ➢ The team had met with represeutatives fiom the Mimnellaha Creek Watershed District (MCWD) early ,on. Tile MCWD `4 not been a major participant as of yet as it wants more specific information to react to.: ➢ To date there have been four meetings with the Project Advisory Committee, two public open h'oiuses and the joint meeting of the three Cities' councils. ➢ County Road;",19 is aawo lane roadway,within a 66' right -of -way; it doesn't have any curb and gutter, the 200 "6,�average daily traffic count was 12,000; the 2030 projected !6M61, is 15,800; and, "its: functional classification is as an A -Minor Arterial Expander Some of t ect chili. p gos would be the placement of utility poles on the east side; steep slopes, requiring I1; driveways that front the roadway; and, stormwater management. If County 3Road 19 were to be upgraded there would be an opportunity to f, address some of the stormwater management issues. He displayed examples of these o si;acles. ➢ The design standards for an off - street bikeway are for roadways with: an average daily traffic �of more then 10,000; a motor vehicle speed of 35 miles- per -hour; and a trail width of X8 '— 10 feet. For rural sections the minimum separation is 10 feet from the roadway'." For an urban section its 5 feet. ➢ The design standards for an on- street bikeway are for roadways with an average daily traffic count of more then 10,000 and a motor vehicle speed of 35 miles -per -hour. Striping would be a solid 4 inch white Line. For rural sections the bike lane width would be 8 foot wide paved shoulder. For an urban section it would be a 6 — 8 foot wide paved shoulder. ➢ He displayed illustrations of an on- street bike lane concept, an off - street trail concept, and a Community Boulevard Concept. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTE November 23 20 Page 5 of 23 The Hennepin County Transportation Department is responsible for the roadways. When County Road 19 needs to be rebuilt that department and the department Mr. Gillett works in would team up to reconstruct a roadway with curb and gutter, and resolve the stormwater management issues. The Community Boulevard Concept is preferred for the following reasons. It would serve the local community as well as link the two regional trails. It would provide for an 8 foot wide trail on one side of the road and 6 foot wide walk on the other side. It would allow for better stormwater management. It would benefit from the reconstruction of certain intersections. It would require complete reconstruction of the roadway, which is not currently planned or programmed. On- street bicycle lanes would serve as a good interim option ° until the Community Boulevard Concept can be implemented. They are a safer option than existing conditions. Existing shoulders can be striped and enlarged in certain locations to accommodate bicycle lanes. The very rough concept level cost estimates are,.approximately: $300,000 for the on- street concept; $3.8 million for the off - street concept; and, $15.4 million for the Community Boulevard Concept. The intent is to set forth the vision to strive for. The next steps are as follows. Obtain a Resolution of Support from the Shorewood City Council setting a vision (Orono and Tonka Bay have already adopted a similar resolution). Incorporate the Concept Plan into the Three Rivers Park District planning document, and the Metropolitan Council Trail &,- Open Space Committee planning document. Seek funding for the- detailed design plan. Mr. Gillett stated all he is asking for this evening is for this.Council to adopt a resolution stating the City supports the Concept Design Plan. Mayor Liz& stated this has -136dn been a joint effort between the Metropolitan Council; thel Waters White and Tonka Bay Mayor: BiII 19 corridor needs to be rejuvet*e is something. the City, should "r Councilmeniber Zerby has been o last two plus years. lteresting process that has been going on for about two years. It's e cities, Hennepin County, the Three Rivers Park District, the District and citizen representatives. She stated Orono Mayor Jim Ole have taken the leadership role on this effort. The County Road 's very antiquated' She thought passing a resolution to support this She 'would`, like that to happen this evening. She noted that f the City's representatives who worked on the Committee for the s -_ Councilmember Zerby stated this -has been a very interesting project and he was excited to be a part of it. He heard fioiii,'residents that attended the open houses and from other resident representatives on the Committee how thel_area has changed significantly over the years. There is significantly more traffic on County Road 19 then`25 — 30.years ago, and the road is no longer safe for pedestrian use as it was back then. He thought this ,would be a long needed project that restores pedestrian safety and a sense of community. He expressed his appreciation for the vision and the planning that has gone into the project to date. He was impressed by the number of people from various areas that worked together to create a common vision. The Committee considered a number of options. Committee members road the trail on bikes. The concept plan is something that would be considered at such time Country Road 19 is reconstructed, noting that reconstruction is not on any plan as of yet. He expressed 100 percent support for the vision. Councilmember Bailey asked if Council voted to support the resolution did it mean the City supported all elements of the project all the way up to the Community Boulevard Concept. CITY OF SHOR ,W (D REGULAR COUNCIL MEETING TING MINUTES November 23, 2009 Page 6 of 23 Mayor Lizee clarified that. 400 feet of the plan is in Shorewood, noting the trail would be approximately 3.5 miles long. Mr. Gillett stated the Concept Plan is suggesting two alternatives. One is the long -term vision for the Community Boulevard Concept. The other is the interim option. He read the following excerpt from the proposed resolution which he thought was the recommendation "Whereas, County Road 19 Trail Concept Design plan contains a preferred alternate for an off-street multi -use trail and on- street bicycle lanes to be implemented as an interim measure; Now, therefore be it resolved, by the City Council of Shorewood, Minnesota: to support the recommendation of the County Road 19 Trail Concept Design plan." There are features of the plan that would be optional when the design work was actually done. The Committee wants to know if Shorewood supports the basic vision for creating a trail along County Road 19. The next phase would be to do survey work and some basic design work. It would answer some of the basic questions there are today. Mayor Lizee stated by adopting this resolution showing Shorewood's support the City would be indicating to the Three Rivers Park District to put a placelholder for this in its long -terry plan. Mayor Lizee noted that Dale Woodbeck, an elected representative on the Board of Commissioners for Three Rivers Park District who lives in Shorewood, was present this evening. Commissioner Woodbeck has been present at most of the meetings held on this project. Commissioner Woodbeck stated he represents Nhorewood as well as the other South Lake Cities, and the Cities of Minnetonka, Edina and Richfield. He:ekpIained this possible segment of trail is not reflected in the Three Rivers Park District's system plan. Adopting the, resolution would help get this trail segment added to the District's long -term plan as a regional trail.'Jhe resolution `adopted by the Cities of Orono and Tonka Bay which the Shorewood Council is considering this evening provides the community support that could be carrieCh forward to the Three Rivers Park District's planning organization to have them include the trail in -its system'lplan. The District is in the process of updating that plan and that activity will continue intoLQ.0. Commissioner Woodbeck expained`there is a of County Road 19 that was recently reconstructed between Crow -M§si h Park Reserve in the City of Rodgers and near a campground in Baker Park Reserve in the City of Maple Plaun..Along si&l of that section of County Road 19 there is a road separated trail that is,fa rly complete with the excepti for, a segment in the City of Loretto. Most of the trails in the District' east and west. The.District believes it's very important to identify areas to create new trails that could c6fiDect the existing4ail system. He stated he was aware that the City of Minnetrista has had some discuss►or about extendin0he Dakota Regional Trail through Minletrista to a proposed trail that would run from k" ke Minnetotka Regional Park under Highway 7 to Carver Park. Once the District incorporates this tra4" nto the,bistrict's master plan its plan will be sent to the Parks and Open Space Commission at the Met*,Iitan Council and ultimately on to the Metropolitan Council to approve and include in its master plari it's in the plan it can't be discussed as a resource. Councihnember Bailey asked if adopting the resolution would indicate Shorewood would be supporting a $300,000 bike trail or a $13 million dollar Community Boulevard Concept. Commissioner Woodbeck stated from his vantage point this Council is being asked to consider the concept of having a trail connection from Smithtown Road in Shorewood to the Minnetonka Regional Trail (this is the section that would reside in Shorewood). He explained the segments of trail that would reside in Orono and Tonka Bay would create the regional trail. Adopting the resolution would indicate Shorewood's willingness to have the proposed trail included in the planning calendar. The City would not ci OF SHOREWOOD REGULAR COUNCIL, MEE't`ING MINUFFES November 23, 2009 Page 7 of 23 be supporting anything in terms of funds because there is no data available to support. The question is whether or not it's a good idea to connect the Minnetonka Regional "frail and the Dakota Trail with an off - street trail next to County Road 19. Mayor Liz& stated the resolution would indicate the City is supporting an idea; it's not committing funds or property to anything. Councilmember Zerby stated at sometime County Road 19 will have to be rebuilt. If the City wants to have any input on how that roadway is improved from a pedestrian perspective now is the opportunity. He stated if Councilmembers think the road is fine for pedestrian use the way, it is then they should vote against the resolution. In response to a comment from Councilmember Turgeon, Councilmember Bailey stated from his vantage point his question has not been answered. Bailey asked if Council is supporting installing a bike trail before County Road 19 is reconstructed or is it supporting a Community Boulevard trail option when County Road 19 is rebuilt. Councilmember Zerby explained there is no timing in the resolution; the tinging would be established by the Three Rivers Park District and Hennepin County. " There was an outburst from Shorewood Resident Larry Opfer who questioned why Council was, from his perspective, wasting the audience's time on something that would.lnappen twenty years out. He asked the Council members to stifle themselves. Councilmember Bailey told <L�f. Opfer lie was very rude and owed the Council an apology. Mr. Opfer continued with his outburst. May izee eventually got Mr. Opfer to settle down. Mayor Liz& again reiterated Council was being, asked t6`support an idea. It was not being asked to commit to anything. This idea has been discussed' for_approximately two years. There have been updates on this and open houses held to present the ideas to.411he community. The resolution is a simple resolution of support for an idea. The Cities of,O no and Tonka ,'Bay easily adopted the resolution. id 19 is alreadiysupposed to be No Parking. If cars were truly vould,,p be a safe corridor for people that bike on the )ng mtst''of the talked about stretch of the roadway. She other than Mr. Gillett's presentation about this idea yet she is ing a concept plan. She noted she will not vote in favor of - as not able to attend the joint council meeting held at the in town. She thought it premature to be asked to adopt the resolution. Councilmember Z6 stated theme were two public open houses held to discuss this idea. Councilmember Woodruff stated lie attended the joint meeting and one of the open houses held prior to that meeting. He stated'had asked the consultant making the presentation what the projected use of tine trail would be and the answer lie received was it was hard to tell. He then stated the resolution references the County Road 19 Trail Concept Design plan. It appears that Council is being asked to support the plan, and from his vantage point Council is indicating to the Three Rivers Park District that it is willing to support spending approximately $15.8 million to implement the Community Boulevard option for a benefit that can't be identified. He thought there were a lot of good qualitative benefits to doing this. He commented if 5,000 people per year for 20 years were to use the trail then each of them may as well be handed $150. He indicated it makes no sense to him. He stated he could support a resolution that indicates CITY OF SHOREWOOD REGULAR COUNCIL MEETING ivtLNurE November 23, 2009 Page 8 of 23 Shorewood would support the consideration of a trait when County Road 19 is rebuilt. He is not willing to support this resolution without knowing the benefits, Liz6e moved, Zerby seconded, adopting a resolution to support the recommendations of the County R o a d gMotio Mayor Lizee apologized for there being lack of support for the Cities of Orono and Tonka Pay. C. Richard Fursman, Report on Pay- for - Performance System Mayor Lizee stated Richard Fursman will make a presentation about the City's pay for - performance system that is being developed. The broad highlights of Mr. Fursman's presentation are as foll file.) ➢ The City has good job /task descriptions for its process for evaluations is typical. Specific perfori are lacking. ➢ With a pay - for - performance (PFP) system an.'' performance rating (this was. ,formally termed meri motivation /disposition, value .alignment and g( expectations are clear ratutg �e�peetations, me accountability, equity and fairness, aridj geted p clear, and the performance ratings must 'be ; ba currently very good). (A copy:of this presentation is on i -union employees,and pits current cc measurements andexpectations ployee's base pay is linked to a ty). With a PFP system competence, achievement are measured. The se'd, supervisor responsibility and orinance. The expectations must be l on job specifications (these are ➢ A PFP system is: irlore accurately a performance" management process. It starts with planning.. There is agreement on what employee is expected to specifically accomplish as part oftheir job. There is periodic dialogue on progress, problems, and unexpected developments The year -end evaluation is a summary of what has occurred; there should not be any surprises: ➢ Tile progress to d to is as Ila,ows. A new performance template is being used. A new ratrng tem has -ba n devised based on meets or did - not -meet expectations for ;; performance competencies. For some measures the rating is did- not -meet, meets, or exceeded expectations. ➢ The items sti1 ::lieing worked on are as follows. Staff is setting goals for increased 'performance. The= City's goals are being incorporated into the evaluations. Department directors are cozmparing evaluation criteria to ensure there is some consistency. Soft measutes (e.g,, °values, attitudes, work ethic, team work, etc.) are being identified for inclusion 'in the evaluation along with a scoring system for them. There is discussion about how the City Administrator's evaluation should fit in with the rest of the staff's evaluations. ➢ Pay expectations have to be set. Employees who exceed expectations will receive the base increase and will be provided additional compensation. ➢ The conditions for not meeting expectations include the following. An employee did not complete projects or tasks on time or within the guidelines established by the department manager and employee. An employee did not make improvement on issues identified by the department manager during informal discussions. ➢ An employee's rating may also be down graded for other reasons. They may exhibit a poor or negative attitude about the work, other employee's, council, and so forth. They CTTV OF SHOREWOOD REGULAR COUNCIL Mt 1 MtNt,`t`ES November 23, 2009 Page 9 of 23 did not respond to residents and others in a timely manner. They showed general disrespect for residents, council, or other staff. They did not seek to improve their knowledge, skills, or abilities. They were reluctant to participate with others in problem solving, or were perceived as a general road block to change and improvement. The conditions for an employee meeting expectations include the following. They completed projects and /or tasks and successfully met the expectations as agreed between the employee and department manager. They generally have a positive attitude, address team members directly and professionally when there are issues, participates in collaborative problern solving, and so forth. The conditions for an employee exceeding expectations include the following. They complete the projects and /or tasks assigned and they meet the expectations identified by the employee and department manager. In addition they are a self starter and motivated, they seek creative solutions to overcome issues, they seek out opportunities to improve skills and abilities on their own, the participate in group problem solving, and they are willing to take measured risks and offer new ideas and. ways of operating. Employees' performance tie into the City's,1hission statement and goals. Mayor Liz6e thanked Mr. Fursman. Councilmember Woodruff stated Mr. Fursrnan's presentation was:"good. He asked how close the City is to completing the implementation of this performance management system. Mr. Fursman stated the goal is to wrap this up in December 2009. He explained performance measures have been identified for each non -union staff member, and the identification soft measures is ahnost,complete. He encouraged staff to start smaller; it shouldn't do the entire change to this type of system at °'oi ce. He noted the employee's goals for 2009 were not designed for this type of system. 6. PUBLIC ■ "Potential waterrriain extension for Meadowview Road and a segment of Wild Rose Lane. ■ Makin storm sewer improvements for Meadowview Road and a segment of Wild Rose Lane ■ Making repairs to the sanitary sewer for Meadowview Road and a segment of Wild Rose Lane. t ■ Reconstructing a 24- foot -wide driving surface for Meadowview Road and a segment of Wild Rose Lane with edge control outside of driving surface. It was noted that during its October 26"' meeting Council discussed reducing the driving surface to 22 feet wide. Landini then stated Staff held a public information meeting on the proposed project on November 5`' to answer any questions the property owners in that neighborhood had about the project and the possible assessment for watermain extension. Three residents attended the meeting. Because of the low attendance a printout of the presentation was mailed to the property owners, and he explained where they could find CITY OF SHOREWOOD REGULAR COUNCIL, EE T INC ( INUTES Noverrrber° 23 2009 Page 10 of 23 Landini explained the meeting packet for this evening contains three draft resolutions for Council to consider. The first resolution is to reconstruct Meadowview Road and a segment of Wild Rose Lane with a 22- foot -wide driving surface and edge control outside of driving surface sanitary sewer and storm sewer improvements, and extend watermain. The second resolution is to reconstruct Meadowview Road with a 22- foot -wide driving surface and edge control outside of driving surface, and make sanitary sewer and storm sewer improvements; it does not include the extension ofwatermain.. The third resolution is to reclaim Meadowview Road with a 22- foot -wide driving surface and make samtary,sewer and storm sewer improvements; it does not include the extension of watermain. Council can also direct Staff to prepare other resolutions. Mayor Lizee stated the meeting packet for this evening indicates that three property owners responded to the online survey. She then stated Council will address the questions from the audience once the public testimony portion of this public hearing has been closed. Mayor Lizee opened the Public Testimony p Larry Opfer, 25900 Wild Rose Lane asked how Engineer Landini explained that to date the City has Wild Rose Lane segrnent,..,,Mr. Opfer asked why potential project before tie City spent money on according to the City's roadway plan it's time to in asked if the assumption is that ;Wild Rose lane will then stated the property owners ni= a#tendance ,do n, opposition to, tl;s,proJeet,, Public Heariniz at 8.21 P.M. ,h�the. City his spent on the feasibility study. t$4,500'and there will be additional costs for the City didn't ask the property owners about the feasibility study. Mayor Lizee expressed that improvements to Meadowview Road. Mr. Opfer ae fixed unless watermain is installed. Mr. Opfer ant to be messed with. Mr. Opfer expressed his Judith )enka 25780 Sunnyvale Lane commented that although one side of her property abuts Mea&wv view Road her address is Sunnyvale Lane. She stated the meeting notice she received indicated it was to consider installing watermain as part of the Nelsiue Drive improvement project. The area to be assessed was�ltiftne Drive. Upon attending the public hearing she was floored to find out the properties were being coil tidered for assessments. She thought Meadowview Road is a lightly traveled roadway. It appears that traffic flogs out t<o;,,Eureka Road. She asked if a traffic survey had been done to determine if Meadowview Road r�aeds�to'be reconstructed. She stated the drainage is terrible for all of the residents that live in that area. HeFptoperty is the lowest on the street. Stormwater flows across her driveway then over her front lawn and into a drainage ditch. She expressed concern that any change in the roadway could exacerbate her drainage problem. She stated it would make no sense for her to connect to watermain on Meadowview Road because the line would have to go across her front yard. She had heard that four years from now watermain could possibly be installed wider Sunnyvale Lane and connecting to it there would be a much shorter distance, noting she was not saying she wanted to hook up to watermain. She thought it makes sense to install watermain when a roadway is reconstructed. She asked if property owners could be assessed for the installation when they decide to hook up to watermain. She also asked if property owners would be required to hook up to the water system when watermain is installed, to which Mayor Lizee responded they would not be required to hook up. Engineer Landini explained that during crry OF SHO EWO D REGULAR COUNCIL MEETING Mt1NtJrES November 23, 2009 Page t t of 23 tyre feasibility stage the City only has sketches, As part of the plans and specifications the City can identify how to mitigate existing drainage issues and design the improvements in such a way as to not create new issues. Mayor Liz6e stated during the public hearing for the Nelsine Drive road improvement project Council chose to reclaim the roadway rather then reconstruct it. Council asked the property owners to work with the City on granting the City the necessary easements that would allow the City to mitigate drainage issues. Pete Davis, 5495 Valleywood Circle stated all of the stormwater that flows down Meadowview Road flows on to his property. He commented there is nothing to help manage stormwater flow other then ditches along Meadowview Road, noting the ditches are from one are continuing to erode. He indicated his biggest concern is to fix t wetland on the back of his property which can handle much of ti Valleywood Circle was canvassed and none of the property o, watermain at this point in time. Mayor Lizee stated the roadN Valleywood Circle and Valleywood Lane are the scheduled for imp not been able'to Orton offered to E tb out watermain I r it's her under: Trough a back or Rian and Karin Firkus, 25625 Wild Rose Lane stated they are, connect` the City is planning oil assessing them for installation of waterma questioned why they would want to pay for something they already hav been able to find documentation showing their property was not assesse . charge in the past. Mayor Lizee noted their property is located on the Rose Lane. Director Burton explained that so ; ,far she has.,been able connected to watermain in July 1998. The City'can establish that tile o meter and a water permit, but it charge or if they were assessec Firkus asked how the City cowl Department knowing. Burton thought the connection was °.goi stated the m•onerty o wner behiii Landini stated th6f6 was inspected. Mr water without c City. will ,continue to researel Road was pant of a larger proj but not the installation of wa f 4ffi� that the speed o,c would Nish if the uss this in, der Eureka ot'to three feet deep. Those ditches drainage, issues. He stated there is a stormwater. He stated everyone on rs are interested in connecting to improvement .plan indicates that /ements in 2012: - ed_ to the City's water system yet in under Wild Rose Lane. She e. She explained the City has not d for watermain or paid a hookup corner of Eureka Road and Wild `to determine that this property revious owner purchased a water , ious owner paid for a connection :er in person or over the phone. Mr. Road without the City Public Works g that the City's Director of Public Works yard. Mr. Firkus stated it did. Mr. Firkus then 1 thern'stated tha ,she had been assessed $5,000 for watermain. Engineer indicating ttvs property had connected to watermain and that connection stiorlo, why the City would allow a property owner to connect to the connection charge or assessing the property. Mayor Liz6e stated the his matter:=Lizee explained the installation of watermain under Eureka ..Ms. Firkus stated she supported making improvements to the roadway, main. Because they have three young children, they wanted assurances reduced, not increased, because of the proposed improvements. Jon Luetpers, 25745 Wild Rose Lane stated he is opposed to the installation of watermain. He asked what the benefit would be to him' for having the watermain installed, noting he already has well water and he thought it worked fine..y Mayor Liz6e stated when the City is contemplating reconstructing a roadway it's the City's duty to consider all of the elements of the City's infrastructure. Liz6e then listed some considerations she has regarding City water, noting it has not been totally expanded. They are: the future safety of water; ground water issues; the depth of the ground water; and the future state of the aquifers. She stated the City needs to protect its water system and ensure that the City can count on it. She stated it is Council's decision as to whether or not to expand the water system and stub it out to property owners' lots so it is available CITY OF SH R W OD REGULAR COUNCIL MEETING MINUTES November 23, 2009 Page 12 of 23 when property owners want access to it. She expressed concern that down the road there will be additional agency mandates relating to water that the City will have to address. Mr. Luetgers stated his house was built in 1938 and there have not been any problems to date. He did not see the benefit to him. Bonnie Rislund 25785 Wild Rose Lane stated she echoed Mr. Luetgers' comments. She submitted a petition from some of the property owners along the affected segment of Wild Rose Lane indicating their opposition to the installation of watermain. The property owners have wells that work fine. During these tough economic times the expense would be a burden to her. She stated she, has lived in her home for 33 years. She expressed her opposition to the installation of watermain, but She thought the roadway surface could use new blacktop. Ron Tholen 25715 Wild Rose Lane stated he thought the condition, of the roadway is not great, but it is usable. He commented that he has lived in his house for 31 years. He commented Wild Rose Lane has been patched many times. He did not think the roadway needed to be reconstructed at this time. He noted that lie spent several thousand dollars on his well just three years ago and he has ud,broblem with his well. He expressed his opposition to the installation of watermain. Paul Sadek 25850 Wild Rose Lane stated he has lived in his house since 1953 before there was a Meadowview Road. Prior to there being a Meadowview Road there was simply an easement road. He then stated he has gone to great expense to.drill and maintain his well, and to treat the water from the well. He recently had it tested for arsenic and lead, and the water i§z free of both. He expressed his opposition to the installation of watermain. Michael Messina, 25720 Wild Rose Lane expressed his`oppositiori to the installation of watermain. He stated he was not present to abqut the drainage issues that need to be addressed. He then stated that every day he reads in t>leirewspapex that the government wants to spend more of his money. He urged Council to take the property owners comments into consideration when making its decision, commenting the property owners have no.irtterest In watermain. He expressed his amazement that this has gotten as far as it has without there being propertyowners' support. Sue Davis; "5495 Vdll' od Circle � stated she was present this evening to speak for the residents at 25825 Valleywood Lane hoting they are opposed to the installation of watermain. She then stated she did not think drainage issue Ms. Benka spoke of earlier can be addressed by making the proposed improvements._ The 25825 property is flooded a lot of the time. She thought the proposed improvements could exacerbdtd� the stormwate j�roblem on her property as well as some of the other properties. She stated the average daily traffic count for Meadowview Road is probably six with two of the six being school buses. She"" ented ' at when she sees a car coming down Meadowview Road she looks because she knows it doesnTb'elonv_ there. Darrel Jones, 25775 Vhlle_ywood Lane stated his property is at the bottom of the ditch and all of the stormwater flows to his property. He commented that the property owners with well water get their water from the same place as the City's water comes from. He has purification and filter systems designed for drinking water. Therefore, he did not see the need to install watermain just so he could get the same water as he is already getting. He expressed support for improving the roadways if they need it. He stated drainage is a significant issue for him. He has two sump pumps in his house because of the water saturation in the ground. Trees on his property fall over because of water saturation, noting he took out eight trees last summer. If the roadways have to be repaired to mitigate the drainage issues then so be it. He expressed his opposition to installing watermain. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2009 Page '13 of 23 Mayor Lizee commented that Shorewood is a very wet city and that water always wins. She stated the goal from an engineering perspective with regard to stormwater is to keep the water away from properties. There was a question from the audience asking if the City's goal is to eventually have a City -wide water system. Mayor Lizee stated she did not see that as the goal. The City wants to keep its water system safe and viable, and to keep it viable the system probably does need to expand. That expansion is being considered as part of road reconstruction projects. She explained the original water system expansion study conducted many years ago considered the age of wells, the age ofroadways and the conditions of roadways. She noted the conditions of the City's roadways are updated every, year to determine which roadways need to be improved first. Mr. Opfer stated from his vantage point it boils down to the City until watermain is installed. Mayor Lizee stated that is not`correct. move forward with fixing the drainage issues without installing wE considering three resolutions this evening. One is the reconstructic of Wild Rose Lane including the installation of watermain. Anothf Road without the installation of watermain.,,Both reconstruction's and gutter And the third is the reclamation ofMeadowview Road. not going to fix the road or drainage hr. Opfer asked ifthe,Cit could then , th in. Mayor Lizee "stated Council is A Meadowview Road and a segment s the reconstruction of Meadowview .ions include the installation of curb r, pilfer stated he would like to have speed bumps installed on Wild Rose Lane Lize 'commented that tlie= speeders are the people in the neighborhood. Mr. Opfer commented he thouglifthe road`was fine as is. Ed Benka, 25780 Sunnyvale Lane asked if the budget for the roadway improvements include the cost to install watermain. Mayor Lize stated watermain installation is included in the cost, if watermain is not already there, because the"," st to nnstall.,it varies by project. Mayor Lizee closed the Public Testimony portion of the Public Hearing at 9:00 P.M Council member ` Wpodruff clarified that the installation of watermain is not the main reason for making the improvements td "these two 'roadways. He stated Meadowview Road has been high on the list of proposed roadway impovemetit projects for a couple of years. Staff has worked diligently to prepare a roadway improvement plan which ranks the condition of each City roadway. As part of a roadway improvement project, the City has the opportunity to fix stormwater management issues and make sanitary sewer improvements. When a road is reconstructed a new road base and road bed is put in, curb and gutter is put in, and improvements to the storm sewer and sanitary sewer systems are made. In previous meetings Council has discussed that Meadowview Road is not suitable for reclamation because of the base of the roadway, a condition identified in the engineering reports. When a roadway is to be reconstructed the installation of watermain is considered because it would be the opportune time to do that from a cost perspective. This evening Council is considering whether or not the installation of watermain should be considered as part of the detail design. As part of a road reclamation project some CITY OF S OREWOOD REGULAR COUNCIL MEE rING MINUTES November 23, 2009 Page tit of 23 stormwater management improvements can usually be made, but not the level of improvements that appear to be needed based on resident feedback. Councilmember Woodruff went on to state should Council direct Staff to prepare the plans and specifications to include the installation of watermain Council will have +two more opportunities to decide if it wants to do that; when the project is let for bids and when the project ,is approved. Council is not making a decision this evening to install watermain. Prior to making that decision Council will discuss how the installation of watermain should be paid for. He note&that Council clearly understands that it could potentially ask for design work that may never be used. Mayor Lizee recessed the Public Hearing at 9:10 P. Mayor Lizee reconvened the Public Hearing at 9:21 P.M. Mayor Lizee again reviewed the three resi reconstruction of Meadowview Road and a watermain. Another is the reconstruction of Both reconstruction options include the instal Meadowview Road. Council is considering this evening. One is the of Wild Rose Lane including the installation of , vieyv, Road witho6fAhe installation of watermain. curb and mutter. And the third is the reclamation of Councilmember Zerby stated Counci-fgan direct Staff to prepare another resolution or to do nothing at all. He then stated he heardesidents sayTrey did not think the roadways were in need of repair. He finds that distti rbing because it implies the City's rating system is.not accurate. He has previously stated that traffic counts should factor into the rating, nothig, sorllp of the members of the audience this evening had indicated the ed to "e,o sider that: - °He cornrirented the intent is to mitigate drainage issues as part of a problem, trot exacerbate t]i "&rn. He th the comment about the entire area functioning together when it comes o' stormwater management was good. He stated Council expanded the Meadowview Road project alread"I delude a segmerif'of Wild Rose'�Lane. He wondered if it may be prudent to include Sunnyvale Lane and Valleywood Lane as part of this project. Mayor Lizee stated' expanding this project would delay this project. She asked Staff how long it would be delayed. Engineer Landini stated adding the two roads would delay the project by two months; the bids would not be opened��ntil hii y 2010. Lizee indicated that would mean construction would be in 2011. Landini stated it would b, ifficult to construct the four roadways in the fall of 2010. Councilmember Turgeon stated the City needs to get a right -of -way easement and the City was to have that information on November 20' Engineer Landini stated lie researched that at Hennepin County. The City already has a right -of -way easement at 5570 Meadowview Road and a 17 -foot easement for sanitary sewer. The City does not have a stormwater management easement. Landini indicated the residents are willing to discuss such an easement, but it must be amenable to both parties. crry OF SHOREW OD REGULAR COUNCIL MEE'rING MINUTES November 23, 2009 Page 15 of 23 Councilmember Turgeon asked if Meadowview Road was reclaimed would it address the drainage issues. Engineer Landini responded the current estimate in the feasibility report covers only the installation of drain tile. There would be an additional cost to address any other stormwater issues. Councilmember Bailey stated it was his recollection that Engineer Landini had previously indicated that reclamation was not an option for Meadowview Road. Landini explained the soils report states there is approximately 6 inches of bituminous and dirt underneath the roadway; there is no rock or sand. This roadway has lasted 36 years this way. If this roadway were to be reclaimed maybe similar results could be achieved, but he had no way of knowing how long the rock and reclaimed road material would last. The freeze thaw cycle has a definite impact on it. Drain the is proposed as part of a reclamation effort to try and divert some of the stormwater away from the roadway to minimize that, but the ground water issue will not be totally solved. Bailey commented he was not sure he cared about that being the current roadway has lasted 30 years. Councilmember Bailey asked if Meadowview Road was reton additional drainage problems will be created. Engineer Landini e; additional stubs out for stormwater on Sunnyvale Lane, 'to take c Benkas' driveway. The stormwater issue could be mitigated wi asked if the stubs out would be an additional cost or is it - includf sketch for storm sewer does not include any stubs out for G ;',S Meadowview Road and Wild Rose Lane. That would be an addi could be put in on the west side of Meadowview Road. Those typ( acted, is there any likelihood that lained there would have to be some of the stormwater, problem on the aut causing further damage. Bailey In the project. The, feasibility study myvale Lane or for the corner of final cost. Maybe fewer catch basins ofgive and take situations would be considered as part of the design. Barley asked 1f;that was necessary to avoid creating some harm by this project. Landini explained this project would not create: any additional <ranoff. The stormwater will be concentrated and collected into a storm pipe which will izrprove from an erosion standpoint. He stated it would be beneficial to pick up additional locations to help further'rnitigate the drainage problems. edfe initial Meadowview Road project did not include a segment of miW'q to include the .reconstruction of the portion of Wild Rose Lane wvi6w Road in the feasibility report because the construction vehicles it roadway would deteriorate quite rapidly. He stated that considering Zoad as part" 6fthis'project would have a negative impact on staff work V flaw issues. There is insufficient funding in 2010 to make the iays °dre not scheduled to be improved until 2012 and 2013. He - e transferred into the Local Road Fund from the General Fund to make are insufficient funds to repair all the roads that need repair. He again it is only approving what to include in the design of this project. He it the cost of the full blown project will be is to do the design and r be scaled back at a later date. Woodruff moved, Bailo, Adopting RESOLUTION NO. 09 -063 "A Resolution Ordering Finalization of Plans, Specifications and Estimate for the Meadowview Road Improvement Project' which includes the reconstruction of Meadowview Road and the segment of Wild Rose Lane between Eureka Road and Meadowview Road, sanitary sewer and storm sewer improvements, and the installation of watermain. Councilmember Bailey stated that he is not going to support the installation of watermain as part of this project unless Council redefines its financing policy to one where property owners are not charged for the cost until such time they decide to connect to the water system. He has no issue including the installation CITY OF SHOREWOOD REGULAR COUNCIL MEETING MlNur `,S November 23, 2009 Page 16 of 2 of watermain in this next phase of the project. Mayor Lizde stated she thought there is full agreement of the Council on that. Council_ is scheduled to discuss the water policy in January 2010. Councilmember Zerby stated he agreed with Councilmember Bailey's point of view. He then stated he thought property owners were reacting to something which is not necessarily the viewpoint of the Council. He expressed he can support including watermain installation in this next phase of the project, but before he would approve the actual installation Ile wants to have the water policy redefined. Councilmember Bailey stated lie equated this to punting the decision about installing watermain down the road for a month or two. He expressed that he will not support assessing for watermain at the time of installation for this project. From his vantage point, if Council decides. to install watermain property owners will be charged when they decided to connect to the water system. Councilmember Turgeon stated that will be the case if that is what Council agrees to. In response to a continent from Councilmember Turgeon, Engineer > Landini` stated Council would be approving the plans and specifications and authorizing the ,project for bid most likely in March. Mayor Lizee stated councils have had many discussions about considering the big picture. After public safety (police and fire) the maintained infrastructure which includes roadways, sewer, and watt system was installed in the early 1970s. Some of a water system hay to install the full system at that time. Council has to consider 1 decisions about things such as watermain installations. She reconstruction of any roadway if it does not include updating ar Motion passed 510. Mayor Lizee closed the Public Hearin,,at 9:42 P.M. 7. PARKS nvesting in the City's future and sxt thing the City offers is a safe and where available. The sanitary sewer peen installed, but the City opted not longer terns needs when making �ssed that she cannot support the installing all of the utilities. Park Commissioner Davis asked, if Council had ally questions about the matters considered and actions taken at the November - :10;:2009, Patk,Comniission meeting (as detailed in the minutes of that meeting). She commented she answered ome questions asked of her by some of the Councilmembers earlier in the day. David stated the Commission has asked to receive a treasurer's report every month under the agenda item for reports , She stated the Commission was quite surprised to find out it had approximately $380,000 in the Parks CIP" (capital impr6 nent program). The Commission was also surprised to find out it had only spent $16,000'of the $148,000 in the 2009 Parks CIP. Councilmember Turgeon stated she had a question about the agenda item related to 2010 guidelines for the community garden which consists of 10 plots. She asked if the Park Commission discussed what tine startup costs will be to get the community garden going. Commissioner Davis stated the Commission has never received an accounting of how much the community demonstration garden cost because it was buried in the Public Works budget. But, the Commission has heard via the grapevine about the amount of trouble that went into keeping the bins full and keeping the spray away from the gardens. This concerned the entire Commission. She indicated the Commission had been led to believe the gardeners would be self sufficient. The Commission wanted to ensure going forward that there were clear guidelines so that Public Works staff would not have to take care of it again. The main issue for the gardeners is the availability of water. There needs to be a rain barrel at each of the 10 plots for 2010 and the gardeners are expecting the City to provide them. She commented she was not aware of any other public entity that provides water for CITY OF SHOR WOOD REGULAR COUNCIL MEE Mt t TES November 23, 2009 Page 17 of 2 the cost that the City is going to provide it for. The Commission agreed to have Parks and Recreation provide the fencing in order to maintain some aesthetic control over how it looks. The Commission recommended $5,200 for that purpose. She thought the community garden is a wonderful amenity to offer the community and the location is excellent. Councilmember Zerby stated the Parks CIP is based on rough estimates. He recommended that the Park Commission exercise caution so as not to assume it should spend any funds that are not needed for a particular project on something else. He stated be appreciates when Commissioners are frugal when it comes to seeking authorization to spend funds in the Parks CIP. If a project identified in the CIP is later deemed to be not necessary then the City should not spend the money. He recommended the focus should be project oriented not budget oriented. Mayor Lizee noted that the Park Commission is a recom recommendations come before Council for consideration. She s to help the Commission stay on track. 8. PLANNING Director Nielsen stated the Planning Commission met on considered two of the items on this evening's agenda. detailed in the minutes of that meeting. A. Comprehensive Plan — Draft"' " 1 Metropolitan Council Director Nielsen stated during,its,November 17, 200 proposed text be added to the` irehensive Plan Council's request regarding new development at thrc the acre is not practical f6f.8horewood The text ide Energy on County Road Ig'a3id the northwest quads higher density development. T .states the, _ o sites sought by the.Metrol olitan Coulicil when com iii several yeafs. The Pla�irtmg Comtitission has been achieve,111le higher density Staff has suggested - senior and ly. The Commission's the Parks CIP is helpful ` 2009, and during that meeting it considered and actions taken are Cover Letter to the meeting t4c Planning Commission recommend the ender Land Use /Zoning Changes. The Metropolitan units to the acre and redevelopment at five units to tifies two areas (the site currently occupied by Xcel ant o Smithtown Crossing) that may be suitable for have the potential to attain the average minimum with lower density infill development over the next reluctant to specify the type of housing that may housing may achieve that. Woodruff rttoved, Bailey seconded, approving the text be added to the Comprehensive Plan under Land Use /Z6 in" a Changes as presented. Motion passed 5/0. B. Shorewood Yacht Club Report Director Nielsen stated this item could have easily been placed on the consent agenda for this meeting. He explained the conditional use permit for the Shorewood Yacht Club (SYC) states the City will monitor activity, primarily complaints, at the SYC. The City has not received any comments or complaints from the area residents or the South Lake Minnetonka Police Department this year or last year. Last year the City received a compliment about the SYC. C. Clear Wireless LLC C.U.P. for Telecommunications Equipment 1. Site 1: 26352 Smithtown Road CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTE'S November 23, 2009 Page 18 of 23 Nielsen explained in all three applications the applicant proposes to mount three panel type antennas and three "backhaul" antennas as well as place a small array of ground equipment on each site. On Site 1 the antennas will be mounted on the stem of the water tower, and the ground equipment will be located between the two equipment shelters on the site. On Site 2 the antennas will be mounted on the stem of the water tower. The ground equipment will be located on the east side of the, base of the water tower. An existing easement precludes locating the facilities on the south or west side of the tower where it would be less visible. The applicant has proposed to plant a double row of Black Hills Spry ice trees on the east side of the driveway to the site to mitigate the visibility issue. The trees will screen some of the other equipment there as well. Staff recommends the trees should be a m'inimun of six feet in height and they should be planted no later than 1 June 2010. A condition. of approval is the applicant must submit a letter of credit extending to June 30, 2010, for one and one-half times the bid price for the plantings. On Site 3 the equipment will be located on an existing monopole. The ground equipment will be located within an existing equipment compound at the base of the existing monopole. Nielsen displayed the site configurations for each of the three locations noting where the antennas and ground equipment will be located. Site 3 is dependant on the applicant obtaining a long -term lease for that site. Nielsen then explained that the City Code regpires hiitial and ongoing monitoring of FCC radiation emission requirements. The City's standard lease, agreements between 'telecommunications carriers and the City provide for annual monitoring and, if necessary; testing. The City uses Owl Engineering for such work. 2. The applicant`` must enter Tinto the City's lease agreement including provisions for annual monitoring. 3. The,applicant:zrList submit a bid for landscaping on Site 2. The City should require a letter of credit or cash escrow for one and one -half times the amount of the bid and at least 30 June 2011. Nielsen stated Staff is seeking Council's direction to prepare resolutions approving the conditional use permits and the two accompanying lease agreements for the two public sites for Council's consideration during its next regular meeting. Nielsen stated Christopher Coughlin was present to answer any questions Council may have. In response to a comment from Councihnember Turgeon, Mr. Coughlin stated Clearwire provides a wireless 4G (fourth generation) broadband service. CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2000 Page 19 of 23 Councihnember Zerby asked if Clearwire is still 51 percent owned by Sprint, to which Mr. Coughlin replied it is. Councihnember Zerby asked what would happen to the equipment if Clearwire should ever go out of business. He stated there had been an instance where a carrier went out of business and left its equipment on the tower. Director Nielsen stated the current lease agreements state carriers are responsible lot removing equipment. Nielsen explained if a carrier goes out of business the cost to remove the equipment would have to come out of the lease payments they have made. Director Burton stated for the carrier that went out of business the City had money in escrow that helped to pay for the removal of the equipment. Councilmember Zerby stated as long as the removal of the equipment is addressed in the lease agreement he is in favor of bring other wireless broadband carriers to the market in order ,to, give residents a choice. Councihnember Woodruff stated it's his understanding that Clea offer 1.5 megabits per second speed. He was not aware of any oth, then stated that in order for the City to approve the C,T7.P. for private property site Clearwire has to have legal control over the agreement with the property owner. Mr. Coughlin stated Clearwir the private property and Clearwire will be recording of memora County. 2. Site,2: 5500 Old Market Road This was addressed as part of Item 3.` ite 3: 25825 County Road 19 8.C.1. 9. EN 0 WORKS iment Survey ire's 4G wireless data service would carrier that is offering 4G service. He learwire to locate equipment on the ea. Clearwire needs to have the lease ias a fully executed lease in place for I nn of understanding with Hennepin (ions approving Clear Wireless, immunications facilities at the d, the Southeast Area Water V located at 24285 County Road sites. Motion passed 5/0. Mayor Liz& stated the'meeting packet for this evening contains a copy of a proposal from Bolton & Menk, Inc. to provide pTOfessional services for the Manor Pond Sediment Surveying for an amount of $1,470. The Staff report recommends awarding the contract to the firm. Woodruff moved, Zerby seconded, awarding the contract for the Manor Pond Sediment Surveying to Bolton & Menk, Inc. for an amount not to exceed $1,470. Motion passed 510. 10. GENERAL /NEW BUSINESS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUT November 23, 2000 Rage 20 of 23 Ae Property and Liability Insurance Renewal This was removed from the consent agenda at Councilmember Woodruffs request, Councilmember Woodruff stated the reason he removed this from the consent agenda was because it was not clear what Council would be voting on. i 11111 11111rill 1111 11 ii i B. Community Garden Plot and Guidelines R enewZ This was removed from the consent agenda at Councilmember Turgeon's Councilmember Turgeon stated she thought asking for approval of the community garden plot pilot project guidelines for 2010 was premature. She did not think the Council had a very, clear understanding of what occurred at the demonstration garden in 2009. She asked if the City was , ,responsible for purchasing the ten rain barrels and topsoil, She also asked what the City's responsibilities are with regard to the community garden plot. She wanted to be provided with more of an income and expense type analysis. She stated the City will receive $30 each for nine of the plots. It's estimated that the fencing around the garden could cost as much as $5,200. There is $7,500 budgeted for the drinking fountain. She questioned if that was basically for the garc�ener�, and wondered rf recovered the entire cost. She stated she did not think this was a core service the Crty� uJd provide this'year. She wanted to be provided a better business plan. She thought there needed to be a better understanding of who is responsible for what at the garden, Mayor Lizee stated this proposal discusses having ten plots in , the garden with one of them for the demonstration garden, noting there have been dozens of people asking when the City will have community garden plots: he thought asking for a business plan for the community garden was too much. She thought the guidelines were good:,- She noted that the 'City has discussed bringing water to the South Shore Skate Park since it was built,, There are ways to.provide water to the gardeners. Lizee moved, Zertiy seconded, approving the guidelines and registration form for the 2010 community garden protect Councilmernbi;r Zerby stated he, houghtrlhe basics of a business plan were included in the Staff report. The income is;,, ,' minimum for 'nine plots. There is a not -to- exceed cost of $5,200 for the fencing and signage. There s di estimated cost of $7,500 for a water fountain. Engineer Landini stated the City has the rain barrels in stack., Zerby noted there was a demonstration project in 2009. He also noted a drinking fountain has been desired for'the Skate Park for a long time. He stated he considered using it for the community garden a bomis. The fence was questionable to him, but he was confident a good solution will be found. Councilmember Turgeon stated she wanted to know how much Public Works time will be spent on the garden. She commented that Council has been told what didn't work from the gardeners' perspectives in 2009, but it doesn't know what did work. Councilmember Woodruff stated unfortunately he will have to vote against the motion. He supports the need for a drinking fountain because there've been requests for it for a long time. He does not support the community garden at a cost of $5,200 for ten plots. He thought the City may as well hand people money CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2009 Rage 21 of 23 and tell them to go to CUB to buy their groceries. He stated it makes no sense to spend $520 per plot. He indicated if the cost for the fencing was removed he could possibly support tine project. Councilmember Bailey stated if he approved the community garden plot guidelines and registration form he did not think he was committing to spending $5,200 for fencing and $7,500 for a drinking fountain. Mayor Liz& stated Council is not approving any funds. Liz& explained the Council Action Form states the Parks CIP for 2010 includes $5,200 for signage and fencing the community garden and $7,500 for the drinking fountain at the South Shore Community Park. Bailey stated the $5,200 for a fence concerns him slightly. He stated he is in support of the guidelines. Motion passed 3/2 with Turgeon and Woodruff dissenting. C. Approving the Purchase on One Tot Lot Piece for Each of the Five Parks Renewal This was removed from the consent agenda at Councilmember Trrgeoin's req Councilmember Turgeon stated her question is about what is used to base the not-to-exceed cost of $1,000 per tot lot piece of equipment for each of ihefive parks.on. She questioned if it included installation. Councilmember Zerby stated the Council Action. Form states the equipment will be installed in the spring of 2010 by the company. Councilmember Woodruff stated this should be tabled until Council is provided with the supporting quote. Woodruff moved, Bailey seconded, tabling directing Staff to provide Council with quote sheet. Motion passed 5/0. D. App This item was of e consent agenda at to the December 14, 2009, Council meeting and 'I formation about this request including the ark Shelter Improvements 4cilmember Zerby's request. ht's °=his recollection that the last time this item was discussed by Council a a committee consisting of a Council representative, a Park Commission a work with Staff to determine what the residents thought the purpose the t occurred to He expressed he wants that to occur before this item is 's her recollection that Council had asked the Park Commission to which the Commission did. The Commission's vision is to expand community Education (MCE) and the recommended improvements Councilmember Zerby noted NICE doesn't pay for space. Therefore, he is not interested in what improvements NICE wants to have made to the building. He expressed concern about the need for the shelter to also serve as a warming house when no decision has been about there being a suitable skating surface. He thought this item is premature and more information is needed. Councilmember Turgeon stated the recommendation includes having more space for indoor recreation. It's her recollection that Park Commission minutes indicated Staff could help out with the design of the shelter. CtTy O F SHOREWOOD REGULAR COUNCIL MEETING MINUTE November 23, 2009 Page 22 of 22 Councilmember Woodruff stated the meeting packet for this meetii Commission meeting minutes for its November 10, 2009, meeting. Commission regarding manor Park AmenitiesNision which winter storage moved elsewhere, bathrooms added to the facili available, review the lighting and roof conditions making the neces, ADA improvements, and that an interior work table be added to the offering programming and a more complete facility for public use o stated using the facility for a warming house is a secondary use,V the Park Commission had been communicated very well to Council:i ;`contained a copy of the draft Park e read themotion made by the Park Manor Park Shelter be cleaned up, running water and sewer made r alterations, completing; necessary i ci 1 ity all to support theend goal of the east side of Shorewood ...." He did not think the specific desires of the Council Action Form. Council member Zerby read an excerpt from the October 26` Council meeting minutes about the motion made regarding the item titled Warming Mouse P7 elimini'ny Design Approval. The motion is as follows: " Zerby moved, Woodruff seconded, directing the Park Commission to form a committee to work with Staff to solicit resident input about improvements to the.Manor Park facility." The motion passed 4/0. He stated he has not been pr up ed with any input fioiaa residents. The August 10, 2009, Council meeting minutes state that during a discussion about the 2009- 2010 Parks CIP "[Director] Brown explained the Park Commission has Aadiissed addifig:restrooms to th warming house in Manor Park. The $50,000 cost is for re- roofing the struct Vie, and adding restrooms'41' ree months ago improvements were to cost $50,000 and now they are estiiiated"at $126400. Zerby moved, to table = itexn;iuntil better information can be obtained from the Park Comm�asfon and until resident input been obtained regarding amenities in an improved shelter. 7t Councilmember,Turgeon stated site did not think there was any reason to table this item because the Park Commission' was specific irl„ts motion. In response to a comment from "Councilmember Woodruff, Administrator Heck explained if an item is tabled any Councilinernher can take it back from the table. He then explained an item can be deferred to a certain date. Zerby amended his motion to defer this item until the Park Commission has formed a committee to work with Staff to solicit resident input about improvements to the Manor Park facility, per the October 26, 2009, Council meeting, and the results have been presented to Council. Woodruff seconded. Motion passed 510. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 21109 Page 23 of 23 There was nothing additional to report. B. Mayor and City Council Councilmember Woodruff stated during the Lake Minnetonka Communications Commission (LMCC) full Commission meeting the previous week the Commission agreed to have the LMCC Executive Committee explore more in depth the possibility of funding the broadband build out in the LMCC's seventeen member cities with private bonding funds. The Executive Committee will discuss that during its December 17` meeting. Mayor Lizee distributed blank copies of the City Administrator's perfor other Councilmembers. She asked that they return the completed forms to l 2009. She stated Administrator Heck will receive his review on January 11, ff►� 1�11�1iT,i►i Woodruff moved, Zerby seconded, Adjourning the City Council 2009, at 10:42 P.M. Motion passed 510. evaluation form to the later then December 14, Meeting of November 23, RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: Lizee, Mayor Brian Heck, City 'C0U)rNC1L ACTION FORM Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 49249 through 49311, totaling $429,344.77. Staff Recommendation Staff recommends approval of the claims list. 12/10/2009 2 :24 1M i? /P HIS "_'OR`_�' CHECK RRPOR'r VENL)O_. SET. 01 C _ u v oe .Snort. - ,jood BANK: _ DEACON B?` -NK D2TE. RANGE:12 /08/2009 THRU 99%99/9599 CHECK VENDOR I.D. NAME STATUS DATE. 00051 EFTPS - FEDERAL W/H D 12/08/2009 00092 MN DEPT OF REVENUE D 12/08/2009 00053 ICMA RETIREMENT TRUST - 302131 -4 R 12/08/2009 16625 MINN NCPERS GROUP LIFE INS R 12/08/2009 00052 PERA R 12/08/2009 20005 WELLS FARGO HEALTH BENEFIT SVC R 12/08/2009 10576 ADVANCED IMAGING SOLUTIONS INC R 12/14/2009 29273 ALPHA VIDEO & AUDIO INC. R 12/14/2009 01475 AMERICAN ENGINEERING R 12/14/2009 01977 ANDERSON, KRISTI B. R 12/14/2009 29298 BLANCHARD CONNIE R 12/14/2009 03325 BOYER TRUCK PARTS DISTRIBUTION R 12/14/2009 04081 CARQUEST AUTO PARTS R 12/14/2009 17300 CENTERPOINT ENERGY R 12/14/2009 07600 CITY OF EXCELSIOR R 12/14/2009 05056 CLAREY'S SAFETY EQUIPMENT, INC R 12/14/2009 05305 COMMUNITY REC RESOURCES R 12/14/2009 29147 COMPASS TOOLS, INC. R 12/14/2009 05885 CULLIGAN BOTTLED WATER R 12/14/2009 1 DIVINE SWINE CATERING R 12/14/2009 29271 DREW KRIESEL R 12/14/2009 12125 FEDEX KINKO'S R 12/14/2009 PAGE: CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 000000 11,819.71 000000 2,036.42 049249 1,820.56 049250 32.00 049251 6,644.30 049253 305.00 049254 290.00 049255 1,002.18 049256 1,816.50 049257 199.95 049258 330.00 049259 133.10 049260 270.61 049262 677.42 049263 15,503.12 049264 53.44 049265 2,250.00 049266 1,100.81 049267 31.39 049268 1,205.89 049269 1,121.70 049270 12.02 1 2/10/2009 2:24 P'A A/P HI S'PORY CHECK REPORT 'I EIVDOR fi g'i': C -. C:i :y of Si - n or c- 049271 1,199.86 i'ANK: ! DEACON BrEN 4,304.70 DATE RANGF,:' 2 /08/2009 'ITTRU 99/';`,/999:; 049274 179.41 049275 CHECK VENDOR I.D. NAME STATUS DATE 08712 G & K SERVICES R 12/14/2009 1 GLOBAL SYNERGY GROUP LLC R 12/14/2009 09501 GOVT FINANCE OFFICERS ASSOCIAT R 12/14/2009 80750 HACH COMPANY R 12/14/2009 07900 HAWKINS, INC. R 12/14/2009 29232 HECK, BRIAN R 12/14/2009 10506 HENN CTY INFO TECHNOLOGY DEPT R 12/14/2009 10503 HENN CTY TREAS.- TAXPYER SVCS D R 12/14/2009 29133 HIGHWAY TECHNOLOGIES, INC. R 12/14/2009 11600 KEN JARCHO INSURANCE R 12/14/2009 12250 KLM ENGINEERING INC R 12/14/2009 13070 LANDINI, JAMES R 12/14/2009 13302 LEAGUE OF MINNESOTA CITIES IN R 12/14/2009 29299 LITTLE BLIND SPOT R 12/14/2009 29233 LUND - MARTIN CONSTRUCTION, INC. R 12/14/2009 15176 MENARDS R 12/14/2009 15885 MIDWEST MAILING SYSTEMS INC R 12/14/2009 19445 NGUYEN, MICHELLE R 12/14/2009 19750 NORTHERN TOOL & EQUIP CO R 12/14/2009 19965 NORTHLAND TRUST SERVICES, INC. R 12/14/2009 20268 PANCHYSITYN, JEAN R 12/14/2009 20950 POTTS, KENNETH N. R 12/14/2009 AMOUNT DISCOUNT - AGE CHECK CHECK CHECK NO STATUS AMOUNT 049271 1,199.86 0- ^_9272 4,304.70 049273 50.00 049274 179.41 049275 15.00 049276 79.99 049277 64.00 049278 932.14 049279 39.95 049280 1,607.00 049281 10,500.00 049282 114.44 049283 116,399.00 049284 34.33 049285 55,074.00 049286 7.79 049287 500.00 049288 350.00 049289 82.58 049290 114,057.50 049291 120.00 049292 2,291.66 12/10/ 2009 2.2 _ ?M /P j.'.__.STCPV CHECl< P....._ oRT VENDOR SET: 01 ., � i - , 0- Sho r e"';oa! 363,299.47 0 0.00 KAHN: _ DEACON DANK 2 13,856.13 0.00 DATE RR.NGEu 1: /08/2009 THRU 99/1 +9 /"999q 0.00 0.00 0 0.00 0.00 0.00 CHECK VENDOR I.D. NAME STATUS DATE 29301 PROFESSIONAL WIRELESS COMMUNIC R 12/14/2009 26100 QWEST R 12/14/2009 22600 SENSIBLE LAND USE COALITN R 12/14/2009 22950 SHOREWOOD TRUE VALUE R 12/14/2009 07651 SO LAKE- EXCELSIOR CHAMBER OF C R 12/14/2009 23500 SO LK MIKA POLICE DEPT R 12/14/2009 23250 STANLEY SECURITY SOLUTIONS, IN R 12/14/2009 25452 TWIN CITY WATER CLINIC R 12/14/2009 29138 TYLER TECHNOLOGIES R 12/14/2009 26500 VESSCO, INC. R 12/14/2009 26600 VICTORIA REPAIR AND MFG R 12/14/2009 29300 VIKING AUTOMATIC SPRINKLER CO. R 12/14/2009 22901 VIKING LAND TREE CARE INC R 12/14/2009 27190 WACONTA FARM SUPPLY R 12/14/2009 29269 WARNER CONNECT R 12/14/2009 19800 XCEL ENERGY R 12/14/2009 ** T O 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 C; E-CK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 049293 983.17 049294 226.71 049295 75.00 049296 408.11 049300 235.00 049301 6,500.00 049302 804.97 049303 100.00 049304 1,804.56 049305 97.03 049306 6.49 049307 490.00 049308 2,306.42 049309 588.03 049310 5,600.00 049311 270.64 NO CHECK AMOUNT DISCOUNTS TOTAL APPLIED 58 363,299.47 0.00 363,299.47 0 0.00 0.00 0.00 2 13,856.13 0.00 13,856.13 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 60 377,155.60 0.00 377,155.60 60 377,155.60 0.00 377,155.60 65 377,155.60 0.00 377,155.60 12 -10 -2009 02:21 % C C U N C 11, RYIORT By VENDOR - DEC 14, 2009 PAGE: '- VENi�OIt NAME D rill ,J ESC'ti P "ION ??t.pylJ DF_PA4 F,i✓tOr P7'_- ADVFNCRD IMaCINGI SOLUTIONS INC 12/14/09 1:i/06- '_2/06 MAIIIT SVC General Fund Municipal.. Buildings 290.00 ' "OTAL: 290.00 ALPHA VIDEO & AUDIO INC. 12/14/09 CC- DISPLAY COMP EQUIP /INST City Bldg Project Equipment Replacement _,002.18 TOTAL: 1,002.18 AMERICAN ENGINEERING 12/14/09 ROAD PROJECTS - MEADOW VW R Street Capital Imp Street Capt Improvemen. 1,816.50 TOTAL: 1,816.50 ANDERSON, KRISTI B. 12/14/09 SSCC -XMAS EXP REIM Southshore Communi Senior Community Cente 43.95 12/14/09 SSCC RECEPTION 12/07 -12/10 Southshore Communi Senior Community Cente 156.00 TOTAL: 199.95 BLANCHARD CONNIE 12/14/09 SSCC - COOKING CLASS ON 11 /1 Southshore Communi Senior Community Cente 330.00 TOTAL: 330.00 BOYER TRUCK PARTS DISTRIBUTION CTR. 12/14/09 STRAP ASSY RETURN General Fund Public Works 131.14- 12/14/09 SNOW PLOW PARTS General Fund Public Works 264.24 TOTAL: 133.10 CARQUEST AUTO PARTS 12/14/09 BATTERY General Fund Public Works 109.92 12/14/09 HYD FITTINGS General Fund Public Works 37.38 12/14/09 TRUCK MUD FLAP General Fund Public Works 17.98 12/14/09 LAMPS & WIPERS General Fund Public Works 23.45 12/14/09 HYD FITTINGS General Fund Public Works 18.99 12/14/09 BATTERY General Fund Public Works 15.50 12/14/09 WIPERS General Fund Public Works 47.39 TOTAL: 270.61 CENTERPOINT ENERGY 12/14/09 GAS General Fund Municipal Buildings 168.92 12/14/09 GAS General Fund Public Works 224.78 12/14/09 GAS General Fund Parks & Recreation 127.37 12/14/09 GAS Water Utility Water 69.17 12/14/09 GAS Water Utility Water 87.18 TOTAL: 677.42 CITY OF EXCELSIOR 12/14/09 3RD QTR SW JOINT USE Sanitary Sewer Uti Sewer 7,751.56 12/14/09 4TH QTR SW JOINT USE Sanitary Sewer Uti Sewer 7,751.56 TOTAL: 15,503.12 CLAREY'S SAFETY EQUIPMENT, INC 12/14/09 4 LEVEL DETECTOR CALIBRATI Sanitary Sewer Uti Sewer 53.44 TOTAL: 53.44 COMMUNITY REC RESOURCES 12/14/09 MEETINGS 11/30 -12/11 General Fund Parks & Recreation 2,250.00 TOTAL: 2,250.00 COMPASS TOOLS, INC. 12/14/09 GSA PATHFINDER OFFICE SOFT General Fund City Engineer 1,100.81 - TOTAL: 1,100.81 CULLIGAN BOTTLED WATER 12/14/09 DRINKING WATER SVC General Fund Municipal Buildings 31.39 TOTAL: 31.39 DREW KRIESEL 12/14/09 SSCC REIM -SAM'S & AMERICAN Southshore Communi Senior Community Cente 148.35 12/14/09 SSCC -12/01 SVC Southshore Communi Senior Community Cente 628.35 12/14/09 SSCC -12/01 SVC Southshore Communi Senior Community Cente 345.00 TOTAL: 1,121.70 12 -10 2009 J �71 PM ': 0 U N C I L REPORT ?V VENDOR - DEC i' :, 2009 PAC' 2 VENDOR NAMT;' DATE DESCR PIT LON, UND DEPART.EN'S' AMOUV71' EFTPS - ' W /H. 12/08/09 wEDERAL Q/H General Fund NON- DPPARTMETCTAL ,109.45 12/08/09 FICA W/H General Fund NON - DEPARTMENTAL 3,124.41 12/08/09 MEDICARE W/H General Fund NON - DEPARTMENTAL 730.72 12/08/09 FICA W/H General Fund Administration 267.7.8 12/08/09 MEDICARE WIN General Fund Administration 62.49 12/08/09 FICA W/H General Fund General Government 422.14 12/08/09 MEDICARE W/H General Fund General Government 98.73 12/08/09 FICA W/H General Fund Elections 4.51 12/08/09 MEDICARE W/H General Fund Elections 1.05 12/08/09 FICA W/H General Fund Finance 325.60 12/08/09 MEDICARE W/H General Fund Finance 76.15 12/08/09 FICA W/H General Fund Planning 361.39 12/08/09 MEDICARE W/H General Fund Planning 84.53 12/08/09 FICA W/H General Fund Protective Inspections 198.33 12/08/09 MEDICARE W/H General Fund Protective Inspections 46.37 12/08/09 FICA W/H General Fund City Engineer 170.56 12/08/09 MEDICARE W/H General Fund City Engineer 39.89 12/08/09 FICA W/H General Fund Public Works 797.08 12/08/09 MEDICARE W/H General Fund Public Works 186.43 12/08/09 FICA W/H General Fund Streets & Roadways 14.74 12/08/09 MEDICARE W/H General Fund Streets & Roadways 3.45 12/08/09 FICA W/H General Fund Sanitation /Weeds /Waste 5.35 12/08/09 MEDICARE W/H General Fund Sanitation /Weeds /Waste 1.25 12/08/09 FICA W/H General Fund Tree Maintenance 12.92 12/08/09 MEDICARE W/H General Fund Tree Maintenance 3.02 12/08/09 FICA W/H General Fund Parks & Recreation 160.91 12/08/09 MEDICARE W/H General Fund Parks & Recreation 37.64 12/08/09 FICA W/H Water Utility Water 114.00 12/08/09 MEDICARE W/H Water Utility Water 26.67 12/08/09 FICA W/H Sanitary Sewer Uti Sewer 103.32 12/08/09 MEDICARE W/H Sanitary Sewer Uti Sewer 24.16 12/08/09 FICA W/H Recycling Utility Recycling 6.19 12/08/09 MEDICARE W/H Recycling Utility Recycling 1.45 12/08/09 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 160.19 12/08/09 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 37.44 TOTAL: 11,819.71 FEDEX KINKO'S 12/14/09 COPIES General Fund NON - DEPARTMENTAL 12.02 TOTAL: 12.02 G & K SERVICES 12/14/09 CH SVC General Fund Municipal Buildings 153.84 12/14/09 PW SVC General Fund Public Works 1,046.02 TOTAL: 1,199.86 GOVT FINANCE OFFICERS ASSOCIATION 12/14/09 SGR GAAFR NEWSLETTER General Fund Finance 50.00 TOTAL: 50.00 MISC. VENDOR DIVINE SWINE CATERING 12/14/09 2009 APPRECIATION General Fund Council 1,205.89 GLOBAL SYNERGY GROUP L 12/14/09 FURSMAN -PAY 4 PERFORMANCE General Fund Administration 4,304.70 TOTAL: 5,510.59 HACH COMPANY 12/14/09 WATER CHEMICALS Water Utility Water 179.41 TOTAL: 179.41 HAWKINS, INC. 12/14/09 CHLORINE Water Utility Water TOTAL: 15.00 ' -'I -0 -2009 02:21 p Y, C: 0 ?7 N C T 1., REPORT RY VENDOR -- DEC 1L4, 2009 PX,GE': ; VENDOR iQAME JATP DESCR TPT ONE `r'IINI) DEPAP ". t7 N "_' AMOliN'C HECK, BRT,�n - 2/14/09 DEC CELL REIM General Fund Admin;- sty' e.ti -o_i 79.99 TOTAL: 79.99 HENN CTY INFO TECHNOLOGY DEPT 12/14/09 NOV BOOMHZ RADIO General Fund Public Works 64.00 TOTAL: 64.00 HENN CTY TREAS.- T.AXPYER SVCS DIVISION 12/14/09 3311723130012 -5620 CO RD N Stormwater Managem STORMWATER MANAGEMENT 932.14 TOTAL: 932.14 HIGHWAY TECHNOLOGIES, INC. 12/14/09 MAR 2 -2010 WORK ZONE SEMIN General Fund City Engineer 39.95 TOTAL: 39.95 ICMA RETIREMENT TRUST - 302131 -457 12/08/09 P/R DEDUCTS - DEFERRED COM General Fund NON - DEPARTMENTAL 1,609.60 12/08/09 P/R DEDUCTS- DEFERRED COM General Fund NON- DEPARTMENTAL 210.96 TOTAL: 1,820.56 KEN JARCHO INSURANCE 12/14/09 INLAND MARINE RENEWAL General Fund Municipal Buildings 563.00 12/14/09 PUBLIC EMPLOYEE BLANKET BO General Fund Municipal Buildings 1,044.00 TOTAL: 1,607.00 KLM ENGINEERING INC 12/14/09 T- MOBILE UPGRADE- SMITHTOWN General Fund NON - DEPARTMENTAL 5,000.00 12/14/09 TIM INSTALL - SMITHTOWN TOWE General Fund NON - DEPARTMENTAL 5,500.00 TOTAL: 10,500.00 LANDINI, JAMES 12/14/09 MILEAGE REIM General Fund City Engineer 28.61 12/14/09 GPS DATE PHONE General Fund City Engineer 45.83 12/14/09 DEC WELLNESS REIM General Fund City Engineer 40.00 TOTAL: 114.44 LEAGUE OF MINNESOTA CITIES INS TRUST 12/14/09 2009 -2010 WORK COMP INS General Fund Municipal Buildings 35,516.00 12/14/09 2009 -2010 GL INS RENEWAL General Fund Municipal Buildings 68,396.00 12/14/09 2009 -2010 INS RENEW- UMBREL General Fund Municipal Buildings 9,249.00 12/14/09 2009 -2010 INS RENEW -OPEN M General Fund Municipal Buildings 318.00 12/14/09 2009 -2010 WORK COMP INS Water Utility Water 1,460.00 12/14/09 2009 -2010 WORK COMP INS Sanitary Sewer Uti Sewer 1,460.00 TOTAL: 116,399.00 LITTLE BLIND SPOT 12/14/09 BATTER WANT City Bldg Project Equipment Replacement 34.33 TOTAL: 34.33 LUND- MARTIN CONSTRUCTION, INC. 12/14/09 PV 48 -CITY HALL CONST City Bldg Project Equipment Replacement 55,074.00 TOTAL: 55,074.00 MENARDS 12/14/09 HOLE HASP General Fund Parks & Recreation 7.7 TOTAL: 7.79 MIDWEST MAILING SYSTEMS INC 12/14/09 JAN NEWSLETTER POSTAGE General Fund General Government 500.00 TOTAL: 500.00 MINN NCPERS GROUP LIFE INS 12/08/09 MONTHLY- ELECT LIFE INS General Fund NON - DEPARTMENTAL 32.00 TOTAL: 32.00 MN DEPT OF REVENUE 12/08/09 STATE W/H General Fund NON - DEPARTMENTAL 2,036.42 TOTAL: 2,036.42 NGUYEN, MICHELLE 12/14/09 APPRECIATION GIFT CARDS RE General Fund Council 350.00 '.2 -0 -2009 02:21 'rM `iENDOP NAME NORTHERN TOOL & EOU1P CO NORTHLAND TRUST SERVICES, INC PANCHYSITYN, JEAN r C u N C I L REPORT BY VENDOR - DEC 14, 2009 D -_, Dr Ci l 111 ON WA BONDS -PRIN & INT I" 7N_11) Water 12/14/09 MAINT TO EQUIP - UTILITY TRU General Pund PACE: , - 7EP AR ! 'JiEN;' AMOUTi T' 50.0 0 Public Works 82 TOTAL: R2 _SR 12/14/09 2005 WA BONDS -PRIN & INT Water Utility Water 60,000.00 General 12/14/09 2005 WA BONDS -PRIN & INT Water Utility Water 25,057.50 Fund 12/14/09 2006 WA BONDS Water Utility Water 29,000. Planning General Fund Protective Inspections General TOTAL: 114,057.50 General 12/14/09 OCT - DEC WELLNESS REIM General Fund General Government 120.00 Fund PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PEAR 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA POTTS. KENNETH N. 12/14/09 NOV PROSECUTIONS PROFESSIONAL WIRELESS COMMUNICATIONS 12/14/09 RADIO 12/14/09 RADIO ACCESS QWEST 12/14/09 11/24 -12/25 SVC 12/14/09 11/24 -12/25 SVC 12/14/09 11/24 -12/25 SVC SENSIBLE LAND USE COALITN 12/14/09 2009 -2010 MEMBERSHIP -NIELS General Fund SHOREWOOD TRUE VALUE 12/14/09 BULK 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 Sanitation /Weeds /Waste General Fund Tree Maintenance General Fund Parks & Recreation Water Utility Water Sanitary Sewer Uti Sewer Recycling Utility Recycling Stormwater Managem STORMWATER MANAGEMENT TOTAL: General Fund Professional Svcs TOTAL: General Fund Public Works General Fund Public Works TOTAL: General Fund Municipal Buildings Water Utility Water Water Utility Water TOTAL: PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PEAR 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA 12/08/09 P/R DEDUCTS -PERA POTTS. KENNETH N. 12/14/09 NOV PROSECUTIONS PROFESSIONAL WIRELESS COMMUNICATIONS 12/14/09 RADIO 12/14/09 RADIO ACCESS QWEST 12/14/09 11/24 -12/25 SVC 12/14/09 11/24 -12/25 SVC 12/14/09 11/24 -12/25 SVC SENSIBLE LAND USE COALITN 12/14/09 2009 -2010 MEMBERSHIP -NIELS General Fund SHOREWOOD TRUE VALUE 12/14/09 BULK General Fund 12/14/09 BATTERY General Fund 12/14/09 MISMIXED PAINT General Fund 12/14/09 GLUE General Fund 12/14/09 HARDWARE General Fund 12/14/09 CABLE TIES & SURGE SUPPLIE General Fund 12/14/09 PW BLDG General Fund 12/14/09 CLEANER General Fund 12/14/09 GARBAGE BAGS General Fund Planning TOTAL: Public Works Public Works Public works Public Works Public Works Public works Public Works Public Works Public Works 3,126.72 294.76 454.40 4.91 354.48 423.97 243.93 186.31 897.27 16.05 5.82 14.27 185.54 130.60 116.98 6.73 2,291.66 2,291.66 573.50 409.67 983.17 111.81 59.56 75.00 75.00 0.38 27.74 5.34 34.03 21.27 19.54 9.92 12.37 26.69 12 -10 -2009 02:21 ?M C 0 U N C I L RDPOR'e By VENDOR - DEC 14, 2009 ?AGE: 5 V - END OR NAM DA'T''3; ESCRti =T?ON FUND )EPA2 M NT 1 A_Mt iiN'L 12/14/09 SUPPS.,IES General Puncd Pub , c Works - Sd 12/14/09 ICE MELT General Fund Ice & Snow Removal 5515, 12/14/09 PARKS PARTS General. Fund Pa & Recreation 32.09 12/14/09 SE WELL CONDUIT' Water Utility Water 46.92 12/14/09 SE WELL Water Utility Water 10.64 12/14/09 SE WELL BLDG Water Utility Plater 9.30 12/14/09 SE WELL Water Utility Water 13.87 12/14/09 WATER Water Utility Water 20.28 12/14/09 TOWER BULBS Water Utility Water 49.07 12/14/09 BULK Sanitary Sewer Uti Sewer 8.55 TOTAL: 408.11 SO LAKE - EXCELSIOR CHAMBER OF COMMERCE 12/14/09 SSCC MEMBERSHIP CHAMBER OF Southshore Communi Senior Community Cente 235.00 TOTAL: 235.00 SO LK MTKA POLICE DEPT 12/14/09 ROBIN TERRY JOBES FORFEITU General Fund Professional Svcs 6,500.00 TOTAL: 6,500.00 STANLEY SECURITY SOLUTIONS, INC. 12/14/09 SSCC -BLDG MAINT Southshore Communi Senior Community Cente 804.97 TOTAL: 804.97 TWIN CITY WATER CLINIC 12/14/09 AUG BACTERIA ANALYSIS Water Utility Water 100.0 TOTAL: 100.00 TYLER TECHNOLOGIES 12/14/09 FIXED ASSET SOFTWARE General Fund Finance 804.56 12/14/09 FINANCE FIXED ASSET TRAINI General Fund Finance 1,000. TOTAL: 1,804.56 VESSCO, INC. 12/14/09 CHLORINE INSECTOR Water Utility Water 97.03 TOTAL: 97.03 VICTORIA REPAIR AND MFG 12/14/09 PARTS General Fund Public Works 6.49 TOTAL: 6.49 VIKING AUTOMATIC SPRINKLER CO. 12/14/09 SSCC ANNUAL FIRE INSPECTIO Southshore Communi Senior Community Cente 490.00 TOTAL: 490.00 VIKING LAND TREE CARE INC 12/14/09 TREES REMOVAL General Fund Tree Maintenance 2,3 TOTAL: 2,306.42 WACONIA FARM SUPPLY 12/14/09 BACKPACK BLOWER General Fund Streets & Roadways 445.09 12/14/09 CHAIN SAW PARTS General Fund Tree Maintenance 75.19 12/14/09 STEERING MOWERS General Fund Parks & Recreation 67.75 TOTAL: 588.03 WARNER CONNECT 12/14/09 SEPT COMP SVC General Fund Municipal Buildings 2,800.00 12/14/09 MAY COMP SVC General Fund Municipal Buildings 2,800.00 TOTAL: 5,600.00 WELLS FARGO HEALTH BENEFIT SVCS 12/08/09 P/R DEDUCTS -HSA General Fund NON- DEPARTMENTAL 305.00 TOTAL: 305.00 XCEL ENERGY 12/14/09 5700 CTY RD 19 General Fund Traffic Control /Str Li 31.20 12/14/09 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic Control /Str Li 239.44 TOTAL: 270.64 "- 2 - -'_0 -2009 02:2_. PM ' 0 i� \ 1 L 1. EPOR VENDOR - DEC -O, 2009 PAGE: 6 ` ENDOr -:IAM ?l '?:,, ESC= PT—' - 1ON FuN iE PA MiE NT AMOUNT . A..YP.OL_ EXPEESES - 12/07/2009 -- 99/99/9g9c) Fund Icdmin;stlrtion. ,366.£30 General Fund General Government 6,808.6- - General Fund Elections 72.76 General. Fund Finance 5,251.58 General Fund Planning 6,280.99 General Fund Protective Inspections 3,613.87 General Fund City Engineer 2,760.13 General Fund Public Works 13,292.73 General. Fund Streets & Roadways 237.86 General Fund Sanitation /Weeds /Waste 86.22 General Fund Tree Maintenance 211.32 General Fund Parks & Recreation 2,748.69 Water Utility Water 1,934.79 Sanitary Sewer Uti Sewer 1,732.91 Recycling Utility Recycling 99.76 Stormwater Managem STORMWATER MANAGEMENT 2,689.81 TOTAL: 52,188.87 FUND TOTALS = _______________ 101 General Fund 226,581.76 404 Street Capital Improvemen 1,816.50 410 City Bldg Project Svcs 56,110.51 490 Southshore Community Ctr. 3,181.62 601 Water Utility 118,536.33 611 Sanitary Sewer Utility 19,002.48 621 Recycling Utility 114.13 631 Stormwater ManagementUtil 4,001.14 GRAND TOTAL: 429,344.47 TOTAL PAGES: 6 12 -10- 2009 02:23 PM 267.18 C_ O L" N C T L REPORT DEPARTMENT - 14, E: DEC D 2009 PAGE: 1 DEPARTMENT FUND VENDOR _1AMIF, DESCR T 7 10N AMOUNT NON DEPARTMENTAL Genera/ Fund EFTPS - FEDERAL W /13 FEDERAL W/H 4,109.45 TOTAL: 9,375.92 FICA W/H 3,124.41 MEDICARE W/H 98.73 MEDICARE W/H 730.72 JAN NEWSLETTER POSTAGE 500.00 PERA P/R DEDUCTS -PERA 3,126.72 12/07/2009 - 99/99/9999 6,808.65 ICMIA RETIREMENT TRUST - 302131 -457 P/R DEDUCTS- DEFERRED CON 1,609.60 FICA W/H 4.51 P/R DEDUCTS - DEFERRED COM 210.96 P/R DEDUCTS -PERA 4.91 MN DEPT OF REVENUE STATE W/H 2,036.42 TOTAL: 83.23 FEDEX KINKO'S COPIES 12.02 MEDICARE W/H 76.15 KLM ENGINEERING INC T- MOBILE UPGRADE - SMITHTOWN 5,000.00 SGR GAAFR NEWSLETTER 50.00 TTM INSTALL- SMITHTOWN TOWE 5,500.00 FINANCE FIXED ASSET TRAINI 1,000.00 MINN NCPERS GROUP LIFE INS MONTHLY- ELECT LIFE INS 32.00 TOTAL: 7,862.37 WELLS FARGO HEALTH BENEFIT SVCS P/R DEDUCTS -HSA 305.00 ROBIN TERRY JOBES FORFEITU 6,500.00 TOTAL: 25,797.30 Council General Fund MISC. VENDOR DIVINE SWINE CATERING 2009 APPRECIATION 1,205.89 P/R DEDUCTS -PERA 423.97 NGUYEN, MICHELLE APPRECIATION GIFT CARDS RE 350.00 TOTAL: 1,555.89 Administration General Fund EFTPS - FEDERAL W/H FICA W/H 267.18 MEDICARE W/H 62.49 P/R DEDUCTS -PERA 294.76 FURSMAN -PAY 4 PERFORMANCE 4,304.70 DEC CELL REIM 79.99 12/07/2009 - 99/99/9999 4,366.80 TOTAL: 9,375.92 FICA W/H 422.14 MEDICARE W/H 98.73 P/R DEDUCTS -PERA 454.40 JAN NEWSLETTER POSTAGE 500.00 OCT - DEC WELLNESS REIM 120.00 12/07/2009 - 99/99/9999 6,808.65 TOTAL: 8,403.92 FICA W/H 4.51 MEDICARE W/H 1.05 P/R DEDUCTS -PERA 4.91 12/07/2009 - 99/99/9999 72.7 TOTAL: 83.23 FICA W/H 325.60 MEDICARE W/H 76.15 P/R DEDUCTS -PERA 354.48 SGR GAAFR NEWSLETTER 50.00 FIXED ASSET SOFTWARE 804.56 FINANCE FIXED ASSET TRAINI 1,000.00 12/07/2009 - 99/99/9999 5,251. TOTAL: 7,862.37 NOV PROSECUTIONS 2,291.66 ROBIN TERRY JOBES FORFEITU 6,500.00 TOTAL: 8,791.66 FICA W/H 361.39 MEDICARE W/H 84.53 P/R DEDUCTS -PERA 423.97 PERA MISC. VENDOR GLOBAL SYNERGY GROUP L HECK, BRIAN * *PAYROLL EXPENSES General Government General Fund EFTPS - FEDERAL W/H PERA MIDWEST MAILING SYSTEMS INC PANCHYSITYN, JEAN * *PAYROLL EXPENSES Elections General Fund EFTPS - FEDERAL W/H PERA * *PAYROLL EXPENSES Finance General Fund EFTPS - FEDERAL W/H PERA GOVT FINANCE OFFICERS ASSOCIATION TYLER TECHNOLOGIES * *PAYROLL EXPENSES Professional Svcs General Fund POTTS, KENNETH N. SO LK MTKA POLICE DEPT Planning General Fund EFTPS - FEDERAL W/H PERA "_2 -10 -2009 02:23 I'M DE- ARTMENT FUND C O U N C L L REPORT BY DEPARTMENT - DEC 14 2009 VENDOR. NAME'. SENSIBLE LAND USE COALIT19 **PAYROLL EXPENSES Municipal Buildings General Fund CULLIGAN BOTTLED WATER G & K SERVICES ADVANCED IMAGING SOLUTIONS INC KEN JARCHO INSURANCE LEAGUE OF MINNESOTA CITIES INS TRUST CENTERPOINT ENERGY QWEST WARNER CONNECT Protective Inspections General Fund City Engineer General Fund Public Works EFTPS - FEDERAL W/H PERA * *PAYROLL EXPENSES EFTPS - FEDERAL W/H PERA LANDINI, JAMES HIGHWAY TECHNOLOGIES, INC. COMPASS TOOLS, INC. * *PAYROLL EXPENSES General Fund EFTPS - FEDERAL W/H PERA BOYER TRUCK PARTS DISTRIBUTION CTR CARQUEST AUTO PARTS G & K SERVICES HENN CTY INFO TECHNOLOGY DEPT CENTERPOINT ENERGY NORTHERN TOOL & EQUIP CO SHOREWOOD TRUE VALUE PAGE: DESCR 1 nTION AMOUNT 2009 -2010 MPBEERSH]:. P -NIELS ,3.00 12/07/2009 - 99/99/9999 6,280 TOTAL: 7,225.88 DRINKING WATER SVC 31.39 CH SVC 153.84 11/06 -12/06 MAINT SVC 290.00 INLAND MARINE RENEWAL 563.00 PUBLIC EMPLOYEE BLANKET BO 1,044.00 2009 -2010 WORK COMP INS 35,516.00 2009 -2010 GL INS RENEWAL 68,396.00 2009 -2010 INS RENEW- UMBREL 9,249.00 2009 -2010 INS RENEW -OPEN M 318.00 GAS 168.92 11/24 -12/25 SVC 111.81 SEPT COMP SVC 2,800.00 MAY COMP SVC 2,800.00 TOTAL: 121,441.96 FICA W/H 198.33 MEDICARE W/H 46.37 P/R DEDUCTS -PERA 243.93 12/07/2009 - 99/99/9999 3,613. TOTAL: 4,102.50 FICA W/H 170.56 MEDICARE W/H 39.89 P/R DEDUCTS -PERA 186.31 MILEAGE REIM 28.61 GPS DATE PHONE 45.83 DEC WELLNESS REIM 40.00 MAR 2 -2010 WORK ZONE SEMIN 39.95 GSA PATHFINDER OFFICE SOFT 1,100.81 12/07/2009 - 99/99/9999 2,760.1 TOTAL: 4,412.09 FICA W/H 797.08 MEDICARE W/H 186.43 P/R DEDUCTS -PERA 897.27 STRAP ASSY RETURN 131.14 - SNOW PLOW PARTS 264.24 BATTERY 109.92 HYD FITTINGS 37.38 TRUCK MUD FLAP 17.98 LAMPS & WIPERS 23.45 HYD FITTINGS 18.99 BATTERY 15.50 WIPERS 47.39 PW SVC 1,046.02 NOV 800MHZ RADIO 64.00 GAS 224.78 MAINT TO EQUIP- UTILITY TRU 82.58 BULK 0.38 BATTERY 27.74 MISMIXED PAINT 5.34 GLUE 34.03 2 '0 -2009 0 2 : 2 3 PM C O U N C ' L 1.T;PORT BY DEC :I �, 2009 PAGE: TOTAL: ,EV S ., ENT ..LAME -- 5700 CTY RD 19 - AMOUNT 5700 CTY RD 19 UNIT LIGHTS HA Rll r7ARE 2 1 . 2 7 TOTAL: 270.64 CABLE TIES & SURGE SUPPLIE -9.�, 5.35 PW BLDG 9.92 P/R DEDUCTS -PERA CLEANER 12.37 12/07/2009 - 99/99/9999 86.22 GARBAGE BAGS 26.69 98.64 SUPPLIES 4.58 VICTORIA REPAIR AND MFG PARTS 6.49 P/R DEDUCTS -PERA PROFESSIONAL WIRELESS COMMUNICATIONS RADIO 573.50 2,306.42 RADIO ACCESS 409.67 * *PAYROLL EXPENSES 12/07/2009 - 99/99/9999 13,292.73 TOTAL: 2,623.14 TOTAL: 18,146.12 Streets & Roadways General Fund EFTPS - FEDERAL W/H FICA W/H 14.74 P/R DEDUCTS-PERA MEDICARE W/H 3.45 MEETINGS 11/30 -12/11 PERA P/R DEDUCTS -PERA 16.05 7.79 WACONIA FARM SUPPLY BACKPACK BLOWER 445.09 * *PAYROLL EXPENSES 12/07/2009 - 99/99/9999 237.86 STEERING MOWERS 67.75 TOTAL: 717.19 Ice & Snow Removal General Fund SHOREWOOD TRUE VALUE Traffic Control /Str Li General Fund XCEL ENERGY Sanitation /Weeds /Waste General Fund EFTPS - FEDERAL W/H PERA * *PAYROLL EXPENSES Tree Maintenance General Fund EFTPS - FEDERAL W/H PERA VIKING LAND TREE CARE INC WACONIA FARM SUPPLY * *PAYROLL EXPENSES Parks & Recreation General Fund EFTPS - FEDERAL W/H PERA COMMUNITY REC RESOURCES MENARDS CENTERPOINT ENERGY SHOREWOOD TRUE VALUE WACONIA FARM SUPPLY * *PAYROLL EXPENSES Street Capt Improvemen Street Capital Imp AMERICAN ENGINEERING Equipment Replacement City Bldg Project LUND- MARTIN CONSTRUCTION, INC. ALPHA VIDEO & AUDIO INC. ICE MELT 55.53 TOTAL: 55.53 5700 CTY RD 19 31.20 5700 CTY RD 19 UNIT LIGHTS 239.44 TOTAL: 270.64 FICA W/H 5.35 MEDICARE W/H 1.25 P/R DEDUCTS -PERA 5.82 12/07/2009 - 99/99/9999 86.22 TOTAL: 98.64 FICA W/H 12.92 MEDICARE W/H 3.02 P/R DEDUCTS -PERA 14.27 TREES REMOVAL 2,306.42 CHAIN SAW PARTS 75.19 12/07/2009 - 99/99/9999 211.32 TOTAL: 2,623.14 FICA W/H 160.91 MEDICARE W/H 37.64 P/R DEDUCTS-PERA 185.54 MEETINGS 11/30 -12/11 2,250.00 HOLE HASP 7.79 GAS 127.37 PARKS PARTS 32.09 STEERING MOWERS 67.75 12/07/2009 - 99/99/9999 2,748.69 TOTAL: 5,617.78 ROAD PROJECTS - MEADOW VW R 1,816.50 TOTAL: 1 ,816.50 PV 48 -CITY HALL CONST 55,074.00 CC- DISPLAY COMP EQUIP /INST 1,002.18 12..10._2009 02:23 PM 26.67 1)E PAD TME.NT P/R DEDUCTS -PERA 130.60 FuTID 0 'J N C i _, REPORT BY T)EPAiRTME'N'I - DEC -4, 2009 VENDOR NAME DESCRTPTION LTT ^'I.`; BT.ItD SPOT' BATTER iikN'S Senior Community Cente Southshore Commun_. ANDERSON, KRISTI B. SO LAKE- EXCELSIOR CHAMBER OF COMMERCE STANLEY SECURITY SOLUTIONS, INC. DREW KRIEBEL BLANCHARD CONNIE VIKING AUTOMATIC SPRINKLER CO. Water Water Utility EFTPS - FEDERAL W/H PERA HAWKINS, INC. LEAGUE OF MINNESOTA CITIES INS TRUST CENTERPOINT ENERGY NORTHLAND TRUST SERVICES, INC. SHOREWOOD TRUE VALUE TWIN CITY WATER CLINIC QWEST VESSCO, INC. HACH COMPANY * *PAYROLL EXPENSES Sewer Sanitary Sewer Uti EFTPS - FEDERAL W/H PERA CLAREY'S SAFETY EQUIPMENT, INC CITY OF EXCELSIOR LEAGUE OF MINNESOTA CITIES INS TRUST SHOREWOOD TRUE VALUE * *PAYROLL EXPENSES Recycling Recycling Utility EFTPS - FEDERAL W/H PERA TOTAL PACE: SSCC -XMAS EXP REIM SSCC RECEPTION 12/07 -12/10 SSCC MEMBERSHIP CHAMBER OF SSCC -BLDG MAINT SSCC REIM -SAM'S & AMERICAN SSCC -12/01 SVC SSCC -12/01 SVC SSCC - COOKING CLASS ON 11 /1 SSCC ANNUAL FIRE INSPECTIO TOTAL: TIMOUNIT 4.33 56, 110 .5 43.95 156.00 235.00 804.97 148.35 628.35 345.00 330.00 FICA W/H 114.00 MEDICARE W/H 26.67 P/R DEDUCTS -PERA 130.60 CHLORINE 15.00 2009-2010 WORK COMP INS 1,460.00 GAS 69.17 GAS 87.18 2005 WA BONDS -PRIN & INT 60,000.00 2005 WA BONDS -PRIN & INT 25,057.50 2006 WA BONDS 29,000.00 BE WELL CONDUIT 46.92 BE WELL 10.64 BE WELL BLDG 9.30 BE WELL 13.87 WATER 20.28 TOWER BULBS 49.07 AUG BACTERIA ANALYSIS 100.00 11/24 -12/25 SVC 59.56 11/24 -12/25 SVC 55.34 CHLORINE INSECTOR 97.03 WATER CHEMICALS 179.41 12/07/2009 - 99/99/9999 1,934.79 TOTAL: 118,536.33 FICA W/H 103.32 MEDICARE W/H 24.16 P/R DEDUCTS -PERA 116.98 4 LEVEL DETECTOR CALIBRATI 53.44 3RD QTR SW JOINT USE 7,751.56 4TH QTR SW JOINT USE 7,751.56 2009 -2010 WORK COMP INS 1,460.00 BULK 8.55 12/07/2009 - 99/99/9999 1,732.91 TOTAL: 19,002.48 FICA W/H 6.19 MEDICARE W/H 1.45 P/R DEDUCTS -PERA 6.73 '2 - - -0 -2009 02:23 PM C O li N C '- L RE?ORT DY DEPARTMENT - DEC 14, 2009 ,EP. RTMENT FUND - VENDOR DAME `*PAYROLL EXPENSES STORMWATER MANAGEMENT Stormwater Managem EFTPS - FEDERAL WIH PEEN HENN CTY TREAS.- TAXPYER SVCS DTVTSTON —PAYROLL EXPENSES GRAND TOTAL: 429,344.47 PAGE: D S R L 71 ON FUND TOTALS =_______________ AMOUNT 12/07/2009 - 101 General Fund 226,581.76 404 Street Capital Improvemen 1,816.50 FICA W /I3 410 City Bldg Project Svcs 56,110.51 MEDICARE W/H 490 Southshore Community Ctr. 3,181.62 P/R DEDUCTS -PERA 601 Water Utility 118,536.33 3311723130012 611 Sanitary Sewer Utility 19,002.48 12/07/2009 - 621 Recycling Utility 114.13 631 Stormwater ManagementUtil 4,001.14 GRAND TOTAL: 429,344.47 PAGE: D S R L 71 ON AMOUNT 12/07/2009 - 99/99/9999 9 9.76 TOTAL: 1 1 4. 13 FICA W /I3 160.19 MEDICARE W/H 37.44 P/R DEDUCTS -PERA 181.56 3311723130012 -5620 CO RD N 932.14 12/07/2009 - 99/99/9999 2,689 TOTAL: 4,001.14 TOTAL PAGES: 5 "OUNCIL ACTION FORM Background / Previous Action For Council information, the attached list of Garbage Hauler, Tree Trimmer and Therapeutic Massage license requests have been received at the City and reviewed for completeness. As all garbage hauler, tree trimmer, and massage therapist license fees and requirements are met, licenses will be issued to the Licensees listed. Council Action: City of Shorewood —2010License List go. Licensee Address City TREE TRIMMER LICENSES 10-13 Majestic Tree Care, Inc. 4Z47 Queen Ave. N. Minneapolis 10-14 Landbergs Tree Service 715 Nelson Rd Maple Plain 10-15 Rainbow Treecare 3239 Ed8evvuod Ave S S1. Louis Park 10-16 OstviQTree, Inc. 1161E.Wayzata Blvd Wayzata 10'17 The Davey Tree Expert Co. 1500 N. Mantua St. Kent, OH 10-18 Shorewood Tree Service 14015CoKd122 Watertown 10-19 FA Bartlett Tree Expert Co 5505N. Hwy. l6y Plymouth 10-20 John Duff Tree Trimming 72B5 Lee St Loretto 10'I1 Viking Land Tree Care, Inc. 716 Northwood Drive Delano 10-22 Treecare,|nc. P.O. Box 35O Shorewood 10'23 Four Seasons Tree Service 32 loth Ave S Ste 213 Hopkins GARBAGE HAULER LICENSES 10-03 Waste Technology Inc. 8424 Noble Ave N. Brooklyn Park 10-04 Randv's Sanitation, Inc. 435IU.3. Highway 12SE Delano 10-05 Veit Container Corp. 140OO Veit Place Rogers 10-06 Hau8en's Haulers, Inc. 7386-31" St. SE Buffalo 10'07 B|ackovviak&Son, Inc. 1105 Sunnyfie|d Rd N Mound 10~08 Waste Management, Inc. 49O Industrial Blvd VVinoted 10~09 B|ackovviak Disposal Inc. 1195Sunnv0e|d Rd. N Mound 10'10 TCVV Disposal, Inc. 9S3 Park Ave Hamburg 1012 Ray Anderson & Sons Co. 930 D | thSt St. Paul THERAPEUTIC MASSAGE LICENSES `- 10'01 Catherine M.Fogarty 19ZO5 State Hwy. 7, Ste. 4 Shorewood 10-02 Joan L.Rousar,CK4T 5585 Shorewood Lane Shorewood 10'11 K8a8gie's Lake Area Massage 48Z8 Rustic Way Shorewood Therapies �n L ACT Department Engineering Council Meeting 12/10/09 Item Number: From: James Landini, P.E. i it l ... rt Background j Previous Action As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the permit requires an annual public meeting be held to discuss the Storm Water Pollution Prevention Program. Staff is recommending that this meeting be held February 8, 2010 at 7 PM, as part of the regular City Council meeting. Staff recommends approval to accept this date and time for the Public Informational Meeting. Options 1. Direct staff to advertise this date and time for the meeting. 2. Direct staff to advertise a different date and time for the meeting. 3. Do nothing. Staff Recommendation Staff recommends accepting this date and time for the Public Informational Meeting. Council Action: COUNCIL, ACTION FORM Department Engineering Council Meeting 12/10/09 Item number: From: James Landini, P.E. Item Description: 2010 City Water Ordinance Amendment Hearing As part of City of Shorewood Ordinance 903.19 a hearing must be held before modifying, amending, or repealing any part of chapter 903 Water Use and Service. To meet the advertising requirement of the ordinance, staff needs approximately a month's notice to make the necessary publication deadlines. Staff is recommending that this meeting be held February 22, 2010 at 7 PM, as part of the regular City Council meeting. To make publication deadlines this motion needs to be passed at no later than the January 25, 2010 City Council Meeting. Staff recommends approval by motion to accept this date and time for the Public Hearing. February 22, 2010 is the projected date Council will be asked to advertise for bidding on the road improvement projects. Options 1. Direct staff to advertise this date and time for the meeting. 2. Direct staff to advertise a different date and time for the meeting. 3. Do nothing. Staff Recommendation Staff recommends accepting this date and time for the Public Hearing. Council Action: (C] 0��Y�� I L 8k��r�� 1�� 7�� Department Council Meeting Item Number Administration Decem r 14, 2009 #31E From: Brian Heck, City Ad00inist Item — City Attorney The City Council conducted an RFP in 2008 for the selection of a new City Attorney to handle the civil work for the City. Following the process the City selected Mary Tietjen from Kennedy and Graven to represent the City and executed a three (3) year agreement. I have been in contact with Mary and the rates and services will remain the same for 2010. Recommendation Approve Kennedy and Graven to provide Civil Services for the City in 2010 at no change in rates or Council Action: UNCIL ACTION FORM Department: Planning Council Meeting: 12/14/09 item Number: 3F From: Brad Nielsen, Planning Director mm permits for Clear Wireless LLC at the following locations: 2 — 5500 Old Market Road (Southeast Area site) Elf-=J The resolutions are attached for your consideration. A Water Tower Space Agreement has been prepared for sites I and 2. The one for Site 2 is attached — the one for Site I is the same with the locations being changed. Note that the exhibits for these resolutions were presented with the staff reports and have not been reprinted here. Anyone who wishes to have or see the exhibits should contact staff for a paper and/or electronic copy. It should also be noted that the landscaping requirement for Site 2 is included in the resolution rather than the Agreement, since the landscaping will be done next spring. Options Approve the draft resolutions, modify the draft resolution or reject the draft resolutions. Staff Recommendation Approve the draft resolutions. Council Action: CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT T CLEAR WIRELESS LLC AT 26352 S IT TOWN ROAD WHEREAS, Clear Wireless LLC (Applicant) has determined that, in order to provide uninterrupted advanced high -speed internet services to consumers and business in its territory, it requires an antenna site in the westerly portion of the City of Shorewood; and WHEREAS, the City of Shorewood has an interest in the property at 26352 Smithtown Road, which property is legally described in Exhibit A of the Water Tower Space Lease Agreement, attached hereto as Attachment I; and WHEREAS, the Applicant has applied for a Conditional Use Permit for the installation of up to three (3) dish -style communications antennas and three panel antennas to be located on the stem of Shorewood's Minnewashta water tower, and the installation of a small equipment cabinet to be located inside the fenced -in compound at the base of the water tower; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a memorandum to the Planning Commission dated 12 November 2009, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at its regular meeting on 17 November 2009, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at its regular meeting held on 23 November 2009, at which time the Planner's memorandum was reviewed, the minutes of the Planning Commission were reviewed, comments were heard from City Council members and staff, and approval given for the Conditional Use Permit, subject to review and completion of a satisfactory lease agreement between the City and the Applicant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT I . The subject water tower site is located on property owned by the Minnetonka School District and is presently zoned R -lA, single - family residential. The site is occupied by the Shorewood water tower, communications equipment shelters and a communications equipment enclosure at the base of the tower. 2. Land use and zoning surrounding the site are single - family residential, zoned R- A, Single - Family Residential. 3. Section 1201.23, Subd. 4a. of the Shorewood City Code provides for governmental and public regulated utility buildings and structures to be constructed within the R- lA zoning district by Conditional Use Permit, subject to certain requirements of screening and landscaping when abutting a residential use in a residential district. 4. The Applicant's activity serves a valuable purpose in the community, and there is a need for the activity and services provided by the Applicant in order that the community be properly serviced, and that the Federal Telecommunications Act requires that local governments accommodate telecommunication services within their boundaries. 5. The proposed use of the land is in accordance with the official City Comprehensive Plan and will not adversely affect the general welfare, public health and safety of the community. 6. The approval of the proposed Conditional Use Permit should be in the form of a lease agreement setting forth the rights and obligations of the parties to the Agreement. CONCLUSIONS The Applicant's application for a Conditional Use Permit for the installation of an antenna array as shown on Exhibit C of the Water Tower Space Lease Agreement, attached hereto as Attachment I, is hereby granted, subject to the provisions of City Code, Section 1201.04, Subd. l .d.(1), and the following additional conditions: 1. The grant and term of the Conditional Use Permit shall comply and be subject to all of the terms and conditions set forth in the Water Tower Space Lease Agreement attached hereto and made a part hereof as Attachment I. 2. The attachments to said Water Tower Space Lease Agreement consisting of Exhibit A, Tower Site Legal Description; Exhibit B, Ground Equipment; and Exhibit C, Equipment to be Placed on the Water Tower, shall be considered as a part of and a condition to the approvals and grants herein. The site shall be restored and landscaped to its present condition. 4. The Mayor and City Administrator /Clerk are hereby authorized to execute said Water Tower Space Lease Agreement on behalf of the City Council. 5. This resolution, together with the attachments hereto, be filed and recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of certification hereof. I ADOPTED BY THE CITY COUNCIL F THE crry F SHOREWOOD SHORE this 14th day of December 2009. s 1 CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT T CLEAR WIRELESS LLC AT 5500 OLD MARKET ROAD WHEREAS, Clear Wireless LLC (Applicant) has determined that, in order to provide uninterrupted advanced high -speed internet services to consumers and business in its territory, it requires an antenna site in an area along Highway 7 in the City of Shorewood; and WHEREAS, the City of Shorewood owns the property at 5500 Old Market Road, which property is legally described as: "The South 200 feet of the East 200 feet of Lot 34, AUDITOR'S SUBDIVISION No. 141, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. "; and WHEREAS, the Applicant has applied for a Conditional Use Permit for the installation of up to three (3) dish -style communications antennas and three panel antennas to be located on the stem of Shorewood's Southeast Area water tower, and the installation of a small equipment cabinet to be located on the east side of the base of the water tower; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a memorandum to the Planning Commission dated 12 November 2009, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application reviewed by the Planning Commission at its regular meeting on 17 November 2009, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's application was considered by the City Council at its regular meeting held on 23 November 2009, at which time the Planner's memorandum was reviewed, the minutes of the Planning Commission were reviewed, comments were heard from City Council members and staff, and approval given for the Conditional Use Permit, subject to review and completion of a satisfactory lease agreement between the City and the Applicant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 t 1. The subject water tower site is located on T.H. 7 and is presently zoned R -IA, single - family residential. The site is occupied by the Shorewood water tower, a small bituminous parking area, and communications equipment enclosure at the base of the tower. Land use and zoning surrounding the site are as follows: north and west - State Highway 7 no.w., then single and two - family homes; zoned R-2A 4. The Applicant's activity serves a valuable purpose in the community, and there is a need for the activity and services provided by the Applicant in order that the community be properly serviced, and that the Federal Telecommunications Act requires that local governments accommodate telecommunication services within their boundaries. 5. The proposed use of the land is in accordance with the official City Comprehensive Plan and will not adversely affect the general welfare, public health and safety of the community. 6. The approval of the proposed Conditional Use Permit should be in the form of a lease agreement setting forth the rights and obligations of the parties to the Agreement. CONCLUSIONS The Applicant's application for a Conditional Use Permit for the installation of an antenna array as shown on Exhibit C of the Water Tower Space Lease Agreement, attached hereto as Attachment I, is hereby granted, subject to the provisions of City Code, Section 1201.04, Subd. l.d.(1), and the following additional conditions: 1. The grant and term of the Conditional Use Permit shall comply and be subject to all of the terms and conditions set forth in the Water Tower Space Lease Agreement attached hereto and made a part hereof as Attachment I. 2. The attaclunents to said Water Tower Space Lease Agreement consisting of Exhibit A, Tower Site Legal Description; Exhibit B, Ground Equipment; and Exhibit C, Equipment to be Placed on the Water Tower, shall be considered as a part of and a condition to the approvals and grants herein. 3. The site shall be restored and landscaped to its present condition. In addition, the Applicant shall plant a double row of Black Hills Spruce as shown on Attachment II. The trees shall be a minimum of six feet in height and shall be planted no later than 1 June 2010. The Applicant shall submit a bid for landscaping, from which the City shall require a letter of credit for one and one -half times the amount of the bid, and which shall extend for two growing seasons. I 4, The Mayor and City Administrator/Clerk are hereby authorized to execute said hater flower Space Lease Agreement on behalf of the City Council. 5. This resolution, together with the attachments hereto, be filed and recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of certification hereof. ADOPTED BY THE CITE' COUNCIL OF THE CITY OF SHOREWOOD this 14th day of December 2009. Christine Lizee, Mayor Brian Heck, City Administrator /Clerk 3 WATER TOWER SPACE LEASE AGREEMENT THIS WATER TOWER SPACE LEASE AGREEMENT ( "Agreement ") is made as City has an interest in certain real estate located at 5500 Old Market Road, in the City of Shorewood, in the Comity of Hennepin, State of Mimlesota, legally described in Exhibit A attached hereto (the "Property "). City owns and operates a municipal water tower on the Property (the "Tower ") Lessee desires to enter into this non- exclusive lease to lease from City a portion of the Property and certain space on the Tower for the purpose of installing, maintaining and operating certain equipment therein and thereon. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows: l.) TERM (a) Initial Term The initial term of this Agreement shall commence on the earlier of June 1, 2010, or the date that Lessee begins construction on the Property (the "Commencement Date "), and continue through December 31, 2014 (the "Initial Term "), unless sooner terminated as provided for herein. (b) Renewal Term(s) The term of this Agreement shall automatically renew on the same terms and conditions herein, for up to three (3) additional and successive periods of five (5) years each (the "Renewal Terms "), lidless Lessee notifies City in writing of Lessee's intention not to renew at least ninety (90) days before the expiration of the then current term, as provided in Section 11 (a) below. The Initial Term and all Renewal Terms are collectively referred to herein as the "Term." 2.) DEMISE OF SPACE City hereby lets and demises unto Lessee, and Lessee hereby receives and accepts from City, the following: (a) Building Space City shall provide sufficient ground or interior space near the Tower to accommodate the construction, maintenance and operation, pursuant to the specifications and requirements listed in Exhibit B hereto, to house certain equipment therein (the `Building Space "). { 123498_v.21 Attachment I (b) "e wer Space (1) Initial -- City shall provide Lessee space on the Tower for the purpose of attaching the transmitting and receiving equipment and apparatus and facilities used in connection therewith (the "Initial Equipment ") set forth in Exhibit C, in the locations designated in such exhibit (the "Tower Space "). (2) Additional Equipment and Modifications -- Any plans to: (i) modify, change or replace the Initial Equipment; (ii) modify or change the installation of such Initial Equipment; (iii) change the location or frequency of all or any part of the Initial Equipment; or (iv) add any additional equipment to the Tower, shall be submitted for City's prior approval, and such approval will not be unreasonably withheld, conditioned or delayed. Items (i) through (iv), inclusive, shall hereinafter be collectively referred to as the "Additional Equipment." Lessee shall promptly, upon demand by City, pay for an evaluation performed by an independent structural engineer and /or a professional communications engineer, retained by City, as City deems necessary, to determine whether the Additional Equipment will interfere with existing or proposed operations on the Property, and whether the Tower can structurally support the Additional Equipment. In addition, a proportional adjustment to the Base Rent shall be agreed upon by the parties hereto if additional antennae (in excess of nine (9) antennas) will be installed or additional space on the Tower is required to accommodate the Additional Equipment. The Initial Equipment and Additional Equipment shall hereinafter be collectively referred to as the "Equipment." (c) Access Subject to acts of God and other occurrences beyond the reasonable control of the parties, Lessee and its authorized agents shall have access to the Premises (as defined below) twenty -four hours a day, seven days a week in order to maintain and operate its Equipment thereon. Lessee shall telephonically request access to the Premises in advance, at a place designated by the City. The Building Space, Tower Space and all necessary easements or rights -of -way for Lessee's access and utilities are collectively referred to herein as the "Premises." 3.) RENT (a) Base Rent (1) During the period from the Commencement Date through December 31, 2010, Lessee shall pay rent (the "Base Rent ") to City, for the Premises, in an annualized amount of Eighteen Thousand and 00 /100 Dollars ($18,000.00) per year. The first installment of Base Rent will be paid by Lessee to City prior to the Commencement Date, and all subsequent payments of Base Rent will be paid annually in advance, on or before January 1 S t of each year. (2) The Base Rent shall be increased by $60.00 per month for each antenna in excess of six (6) antennae. (3) Annual Adjustments _m The annualized Base Rent shall be increased as of January 1, 2011, and each January 1 St thereafter, by the greater of: a. four percent (4 %) of the previous year's annualized Base Rent; or b. by an amount equivalent to the increase in the Consumer Price Index for All Urban Consumers, All Cities, All Items (1984 = 100) (the CPI), as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties hereto. To determine the amlual increase in Base Rent under this paragraph, the annualized Base Rent for the previous calendar year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter one year earlier. Such fraction shall be converted to a percentage equivalent, and shall be multiplied by the previous year's Base Rent. City shall be responsible for calculating all annual increases in Base Rent and for communicating the same to Lessee by December 1 St of each year. 4.) ADDITIONAL RENT. Lessee shall pay all taxes, charges, costs and expenses that are directly attributable to Lessee's improvements, and all damages, costs, expenses and sums that City may incur or that may become due by reason of any default by Lessee or failure by Lessee to comply with the terms and conditions hereof (such taxes, charges costs and expenses shall be deemed to be "Additional Rent" and, in the event of nonpayment thereof, City shall have all rights and remedies as hereinafter provided for failure to pay Base Rent when due). 5.) GOVERNMENTAL APPROVAL CONTINGENCY Lessee's right to use the Premises is expressly contingent upon its obtaining, in advance, all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. City shall cooperate with Lessee in its efforts to obtain such approvals and shall take no action that would adversely affect the status of the Premises with respect to the Lessee's proposed use thereof. In addition, before obtaining a building permit, Lessee shall cause to be performed and pay the reasonable cost of. (i) a radio frequency interference study performed by an independent, qualified communications engineer selected by the City, showing that Lessee's use contemplated herein will not interfere with any existing communications facilities upon the Tower (the "Interference Study "); and (ii) an engineering study performed by an independent structural engineer selected by the City, showing that the Tower is able to support the Equipment, without prejudice to the City's use thereof (the "Structural Stability Study "). If the 3 Interference Study reveals that there is a potential. for interference that cannot be reasonably remedied by the Lessee, or the Structural Stability Study reveals that the structure is unable to safely bear the weight of the Equipment, neither of such findings shall constitute a default by either party hereto, but Lessee shall have the right to terminate this Agreement in accordance with Section I I(c), below. a Tower. City shall at all times retain exclusive title to and interest in, and control of the Tower and the Property. (b) Equipment Lessee shall at all times retain exclusive title to and interest in, and control of the Equipment. The Equipment shall at all times remain the personal property of Lessee and shall not be fixtures on the Premises. 7.) USE INSTAL,L,ATION AND NON - INTERFERENCE Lessee shall use the Premises only for and in connection with the installation, operation, repair and maintenance of a City - approved communications antemla facility, Equipment and cabinets and uses incidental thereto for providing radio and wireless telecommunication services. The Equipment shall be installed at Lessee's sole cost and expense in a manner approved by City in advance, such approval not to be unreasonably withheld, conditioned or delayed. A government unit may be allowed to place antennae or other communication facilities on the Tower regardless of potential or actual interference with Lessee's use; however, if Lessee's use of the Premises or Equipment is materially affected, Lessee may terminate the Agreement consistent with the notice provisions in paragraph 11 of this agreement. A government unit is to include public safety agencies, including law enforcement, fire and ambulance services. Lessee shall promptly cure any interference caused by Lessee's Equipment to pre - existing equipment on the Tower belonging to City, governmental units or other tenants of City, and if such interference cannot be cured within 72 hours of notice to Lessee, Lessee shall temporarily reduce power or cease the offending operations, until a cure at full power is achieved. City covenants to use its best efforts to afford Lessee similar protection from interference caused by the operations of any subsequent user of the Property. 8.) MAINTENANCE AND REPAIR (a) Tower City shall be solely responsible for the maintenance and repair of the Property and the Tower and keeping the same in a safe condition and fit for the use contemplated hereby, except any damage resulting from the acts or omissions of Lessee or its authorized agents shall be repaired by City, and Lessee shall reimburse City, upon demand, for all reasonable costs associated with such repair. The City may, with 45 days notice, require the Lessee to remove the Equipment for maintenance or repairs without cost or penalty to the City. The City may provide a shorter notice if circumstances arise that require immediate attention. The City will undertake its best efforts to cooperate to mitigate disruption and expense to the Lessee. The City shall provide Lessee with invoices for reimbursement of extraordinary costs as a result of the Lessee's equipment in the course of such repairs, including, but not limited to, additional containment materials and labor to maintain the premises during maintenance operations. 4 .) EVENTS OF DEFAULT The occurrence of any one or more of the following events shall constitute an Event of Default under this Agreement: (a) Failure to Pay Lessee shall fail to timely pay any amount due under this Agreement, and such failure shall continue uncured for more than thirty (30) days after receipt of notice thereof from City; (b) Failure to Perform Except as otherwise stated herein, if either party shall fail to perform any other covenant of this Agreement and does not cure or reasonably commence and proceed diligently to cure such failure within sixty (60) days after receipt of notice thereof from the other party; or (c) Bankruptcy (i) Lessee shall make an assignment for the benefit of creditors; (ii) Lessee files a voluntary petition under the Bankruptcy Code of the United States or any state statute similar thereto, or Lessee be adjudged insolvent or a bankrupt pursuant to an involuntary petition, and such petition is not dismissed within sixty (60) days of filing; (iii) a receiver or trustee is appointed for the property of Lessee by reason of insolvency of Lessee and such receiver or trustee is not discharged within 60 days; (iv) any department of the state or federal government, or any officer thereof duly authorized, takes possession of the business or property of Lessee by reason of the insolvency of Lessee; (v) Lessee continues in possession without the appointment of a receiver or trustee Linder Chapter 1 I of the Bankruptcy Code; or (vi) Lessee is the subject of any petition or proceeding related to relief from creditors. 10.) REMEDIES ON DEFAULT If an Event of Default occurs, the non - defaulting party may at any time thereafter: (a) Terminate this Agreement Terminate this Agreement pursuant to Section I I (b) below; and /or (b) Other Available Remedies Pursue any other available remedies at law or in equity that may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of this Agreement. 11.) TERMINATION Upon termination of this Agreement, except if terminated by reason of an Event of Default, Lessee shall be entitled to a refund of any Base Rent paid in advance. This Agreement may be terminated pursuant to any of the following provisions: (a) By Notice Lessee may elect to terminate this Agreement, without cause, as of the end of the Initial Term or any subsequent Renewal Term by giving notice to the City E at least ninety (90) days prior to the expiration of the Initial Term or any subsequent Renewal Term. (c) By Failure of Governmental Approval Contingency Lessee may terminate this Agreement upon sixty (60) days notice if the Goverrmlental Approval Contingency is not satisfied as a result of an adverse finding in either the Interference Study or the Structural Stability Study. (d) By Lessee Lessee may terminate this Agreement with cause, if: (i) Lessee gives City at least sixty (60) days notice of Lessee's exercise of this provision; (ii) Lessee is not in default under the terms hereof; (iii) Lessee pays City all outstanding amounts that are due and payable hereunder as of the termination date; and: (1) Lessee is unable, after exerting all reasonable efforts, to obtain and /or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Equipment or Lessee's business; or (2) During any of the Renewal Terms (if any), if the Premises or Equipment is or becomes unacceptable under Lessee's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs. (e) By City City may terminate this Agreement if City gives Lessee at least sixty (60) days notice of City's exercise of this provision, and: (1) City's Council decides, for any reason, to redevelop the Property, or any portion thereof, in a manner inconsistent with the continued use of the Premises by Lessee, and /or discontinues use of the Tower for all purposes. The City will undertake its best efforts to provide notice of at least one year to Lessee; (2) An independent structural engineer determines that the Tower is structurally unsound, after considering all reasonable factors, including without limitation, the age of the Tower, damage or destruction of all or any part thereof, and factors relating to condition of the Property; 0 (3) After considering relevant engineering studies, City reasonably determines that a City of Shorewood governmental unit as provided for in Section 7 herein cannot find another adequate location on the Tower, or the Equipment unreasonably interferes with the City of Shorewood governmental unit's use of the Tower; or (4) City reasonably determines that Lessee has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted thereunder, after a public hearing before the City's Council. (f) By Destruction Either party may terminate this Agreement upon thirty (30) days notice, if, as a result of any natural disaster, act of God or other occurrence beyond the control of the parties hereto, all or any part of the Premises is destroyed or damaged to the extent that it is reasonably determined that such will be unusable for more than one hundred twenty (120) days. If this Agreement is not so terminated, City shall undertake to repair or replace the Premises within a reasonable period of time, and if such damage renders the Premises unfit for Lessee's use, and Lessee, by reason thereof, discontinues its use of such facilities, the Base Rent payments due hereunder shall abate in proportion to that part of the Premises that is rendered unusable, until such time as the Premises is again operational. 12.) COMPLIANCE WITH LAW (a) Lessee Lessee shall (i) acquire, at Lessee's sole expense, all necessary federal, state and local certificates, permits, licenses, zoning and other approvals that are necessary for Lessee to operate and maintain the Equipment on the Premises, as contemplated in this Agreement, and (ii) comply with all federal, state and local laws, and regulations that are applicable to such use of the Premises. (b) Cam. Subject to Section 12(a) above, City shall: (i) acquire, at City's expense, all necessary federal, state and local certificates, permits, licenses, zoning and other approvals that are necessary for City to operate and maintain the Tower, and (ii) comply with all federal, state and current local laws, and regulations that are applicable to the operation and maintenance of the Tower. 13.) TAXES Lessee shall be solely responsible for charges, levies, taxes, assessments and similar impositions, directly attributable to Lessee's Equipment, the Building Space, or that arise out of Lessee's use of the Tower. 14.) I7TILITIES Lessee shall be responsible for payment and separate metering of all utility services directly with the utility providers for services consumed by Lessee's operations at the Premises. City will reasonably cooperate with Lessee's efforts to improve existing utilities on the Property for Lessee's use, or to comlect the Equipment to existing utilities on the Property, and City will execute any easement, right -of -way or similar agreement that Lessee or a utility service provider may reasonably request for any such purposes. 7 16.) REPRESENTATIONS AND WARRANTIES Without limiting the scope of subparagraph 15 above, Lessee will be solely responsible for and will defend, indemnify, and hold City, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Premises associated with the Lessee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA, other than such materials used in the ordinary course of Lessee's business in accordance with all applicable laws and regulations. City represents that it has no knowledge of any substance, chemical or waste on the City's Property that is identified as hazardous, toxic or dangerous in an applicable federal, state or local law or regulation. 17.) INSURANCE (a) Coverage During the Term, Lessee shall, at its sole expense, obtain and keep in force comprehensive general liability coverage with limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000) each occurrence; One Million Five Hundred Thousand Dollars ($1,500,000) personal injury; One Million Five Hundred Thousand Dollars ($1,500,000) general aggregate, and One Million Five Hundred Thousand Dollars ($1,500,000) products and completed operations aggregate, covering Lessee's work and operations at or in connection with the Premises, and naming City as an additional insured. (b) Evidence of Coverage Not less than ten (10) days prior to the expiration of any then current policy, Lessee shall deliver to City, a certificate of insurance showing that Lessee maintains all the insurance required under this Agreement. Such policy shall also provide that City must receive thirty (30) days' notice of any reduction in coverage, expiration or cancellation thereof, and shall be issued by a company reasonably satisfactory to City. (c) Landlord's Insurance City shall maintain commercial general liability insurance against liability for personal injury, death or damage arising out of City's use or management of the Structure by City, its employees or agents, with a limit of $1,500,000 for any number of claims arising out of a single occurrence. City shall also maintain fire and extended coverage insurance insuring the Tower for its full insurable value (subject to reasonable deductibles). 18.) ASSIGNMENT This Agreement and Lessee's rights and duties established hereunder, may be sold, assigned, or transferred at any time by Lessee to Lessee's parent, affiliate or subsidiary, or any party that merges or consolidates with Lessee or its parent, or any party that purchases or otherwise acquires all or substantially all of Lessee's stock or asset, without notice to or the consent of City. Subject to the foregoing sentence, Lessee shall not assign this Agreement or any of the rights or duties established hereunder without the prior written consent of City. City's consent shall not be unreasonably withheld, conditioned or unduly delayed. For purposes of this section, an "affiliate" or "subsidiary" means an entity that owns greater than a fifty percent (50 %) interest or any entity which is controlling, under the control of or controlled by a common entity. City hereby consents to the assignment of its rights under this Agreement, as collateral, to any entity that provides financing for the purchase of the equipment to be installed at the Premises. 19.) CONDEMNATION (a) Entire Premises If, during the Term, the entire Premises shall be taken as a result of the power of eminent domain, condemnation proceedings, or other like proceedings (the "Proceedings "), this Agreement and all right, title, and interest of Lessee hereunder shall cease and come to an end on the date of taking of possession pursuant to the Proceedings. (b) Portion of the Premises If, during the Term, less than the entire Premises shall be taken by the Proceedings, this Agreement shall, upon taking of possession pursuant to the Proceedings, terminate as to the portion of the Premises so taken, and either party may elect to terminate this Agreement with respect to the remainder of the Premises, as of the date of taking such possession, by giving the other party at least thirty (30) days notice. If neither City or Lessee elects to terminate this Agreement as to the remainder of the Premises, this Agreement shall continue in full force and effect, but the Base Rent shall be reduced pro rata in accordance with the percentage of value of the Premises so taken compared with the total value of the Premises immediately prior to such taking. Nothing herein contained shall affect Lessee's obligation to pay in full the Additional Rent. City shall, however, at City's sole cost and expense, restore that portion of the Premises not so taken to a complete architectural unit for the use and occupancy of Lessee. 0 20.) QUIET ENJOYMENT Except as otherwise provided for herein, Lessee shall have quiet and peaceable possession of the Premises throughout the Term, and City will not intentionally disturb Lessee's occupancy thereof as long as Lessee is not in default hereunder. Notwithstanding the foregoing, Lessee's right to quiet enjoyment shall not apply to events beyond the control of City, or interference during periods of normal and extraordinary repairs and maintenance of the Property or Tower by City. 21.) REMOVAL, AND SURRENDER Unless otherwise agreed to in writing by City, within a reasonable period of time, not to exceed sixty (60) days, after the expiration or earlier termination of the Term, Lessee shall, at Lessee's sole expense, remove all of the Equipment from the Premises, and restore and surrender the Premises to City in good condition without damage thereto, reasonable wear and tear and casualty excepted. If Lessee fails to timely remove as required herein: (i) the Equipment shall be deemed abandoned and become the property of City (subject to the interests of other persons or entities disclosed in writing to City prior to the date of hereof); and (ii) City may take reasonable steps to remove the salve and restore the Premises, and Lessee shall be responsible for, and pay upon demand by City, all reasonable costs associated with such removal and restoration. 22.) BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, assigns and successors in interest. 23.) LIENS Lessee shall not permit any mechanics or other liens to be filed or placed against the Premises or any part thereof by reason of work, services, materials supplied to or claimed to have been supplied to Lessee, and if such lien is filed against the Premises at any time, Lessee shall cause the same to be discharged of record by paying the amount claimed to be due, shall deposit with the court an amount equal to the amount claimed, or shall post bond for the same, within thirty (30) days of the date of such filing. If Lessee shall fail to discharge such lien or to so deposit such amount within such period, then, City may, but is not hereby required to, take reasonable steps to discharge such lien, and Lessee shall reimburse City, upon demand, for all reasonable costs incurred by City in connection with such discharge. 24.) ADDITIONAL BUILDINGS City shall have the right to permit the construction of other buildings and equipment on the Property, pursuant to the specifications and requirements set forth in Exhibit B, and Lessee shall permit such buildings to be placed immediately on the Property; provided, however, that no such other buildings or equipment will interfere with Lessee's ability to use or access the Premises and Equipment. 25.) NOTICE Any notice, election, request, or other communication herein required or permitted to be given or served shall be delivered to the other party hereto (with receipt obtained 10 therefor), or mailed. by United States certified mail, return receipt requested.. postage prepaid, or sent by a nationally recognized overnight courier service, properly addressed to such other party at the following addresses: If to Lessee Clear Wireless LLC Attn: Site Leasing 4400 Carillon Point Kirkland, WA 98033 with an additional copy to: Clear Wireless LLC Attn: Legal Department 4400 Carillon Point Kirkland, WA 98033 If to City City of Shorewood 5755 Country Club Road Shorewood, Mimlesota 55331 Attention: City Administrator with an additional copy to: Kennedy & Graven Attn: Mary Tietjen, City Attorney 470 U.S. Bank Plaza 200 South 6"' Street Minneapolis, MN 55402 Unless and until changed by notice as herein provided, notices and communications shall be addressed to the above - listed addresses. Each such mailed notice or communication shall be deemed to have been given to, or served upon the party to which addressed, (i) on the date the same is personally delivered or (ii) on the date set forth on the certified receipt. All payments required by this Agreement shall be made to City at the address designated above, or as may be hereafter designated. 26.) MISCELLANEOUS 11 (a) Ap plicable L aw. The parties acknowledge that this Agreement is subject to the provisions of applicable federal and ,state laws and regulations. Any obligation, duty or provision under this Agreement that conflicts with any provision of applicable federal or state laws or regulations, is to that extent void. This Agreement has been made, and its validity, performance and effect shall be determined in accordance with the internal laws of the State of Minnesota. (b) Waiver The waiver by either party of a breach or violation of, or failure of either party to enforce, any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation or relinquishment of any rights hereunder. (c) Entire Agreement and Modification This writing represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all previous agreements of whatever nature between the parties with respect to the subject matter. This Agreement may not be altered or amended except by an agreement in writing signed by both parties. (d) Headings Exhibits The headings of sections in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation. The Statement of Facts contained herein, and all schedules, exhibits, addenda or attachments referred to herein are incorporated in and constitute a part of this Agreement. (e) Severability If any part of this Agreement is invalid or unenforceable under applicable law, that part shall be ineffective only to the extent of such invalidity or unenforceability without in any way affecting the remaining parts of the provision or this Agreement. (f) Sublet /Sublicensing Prohibited Subject to Section 18, Lessee shall not sublease, license or otherwise make the Premises available to others for use in any manner. (g) Construction Both parties hereby acknowledge that they participated equally in the negotiation and drafting of this Agreement and that, accordingly, no court construing this Agreement shall construe it more stringently against one party than against the other. (h) Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (i) Trade Term Usage Words used in this Agreement shall be given the meanings that they normally possess in the wireless communications industry, unless otherwise specifically defined herein. (j) Recording At the option of either party, this Agreement, or a mutually agreeable Memorandum hereof, may be recorded in the real property records of the county where the Premises is located. 12 (k) _A . City represents and warrants that City has full. authority to enter into and sign this Agreement and has good and marketable title to the Property. (1) Alterations The Lessee shall make no alternations to the Equipment, facilities and antennas as depicted in Exhibits E and C without the written consent of the City, which will not be unreasonably withheld, conditioned or delayed. (m) Waiver of Landlord's Liens City waives any lien rights it may have, statutory or otherwise, regarding Lessee's Equipment, all of which shall be deemed personal property, whether considered real or personal property under applicable state laws. 13 IN WITNESS SS ER F, the parties have executed this Agreement as of the date indicated on page I hereof. Clear Wireless LLC ', Its: s M STATE OF MINNESOTA ) ss. COUNTY OF ) Christine Lizee Its: Mayor Brian Heck Its: City Administrator The foregoing instrument was acknowledged before me on , 20, by , the of Clear Wireless LLC, a Nevada limited liability corporation, on behalf of corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on , 20, by Christine Lizee and Brian Heck, the Mayor and City Administrator, respectively, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Malkerson Gilliland Martin LLP (TJK) 220 South Sixth Street, Suite 1900 Minneapolis, MN 55402 Timothy J. Keane. Attorney Reviewed and edited by Mary Tietjen, City Attorney 14 { 123498-v.2) # {123498 -v.2} \ \�\ \\\ \ (j \/ z � \ \ ~ (\ I > . §�\ \\ � \\ §\ \ \)\ � T T / / OLD MARKET RR ; ` / j ~/ ® m \ \\ \. \ / ®c ^N T Attachment 11 . ~ J ® <! < , «� \ \�\ \\\ \ (j \/ z � \ \ ~ (\ I > . §�\ \\ � \\ §\ \ \)\ � T T / / OLD MARKET RR ; ` / j ~/ ® m \ \\ \. \ / ®c ^N T Attachment 11 . ~ J CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO CLEAR WIRELESS LLC AT 24285 SMI THTOWN ROAD WHEREAS, Clear Wireless LLC (Applicant) has an interest in the real property located at 24285 Smithtown Road in the City of Shorewood, County of Hennepin, State of Minnesota (Subject Property), legally described on Exhibit A, attached; and WHEREAS, the Subject Property is occupied by a telecommunications monopole owned by Verizon Wireless; and WHEREAS, the Applicant proposes to add telecommunications antennas and ground equipment on the Subject Property as shown on Exhibits B -D, attached hereto and made a part hereof, and WHEREAS, the Applicant has applied for a conditional use permit pursuant to Section 1201.02 Subd. 21 of the Shorewood City Code; and WHEREAS, Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 12 November 2009, which memorandums is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 17 November 2009, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for a conditional use permit was considered by the City Council at their regular meeting on 23 November 2009, at which time the Planner's memorandum, and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT The Subject Property is located in a C -1, General Commercial zoning district. 2. The Subject property contains approximately .42 acres of land and is currently occupied by an auto sales lot and a telecommunications monopole and accessory structures. 3. The Applicant proposes to install three (3) dish -type antennas and three (3) panel antennas to the existing monopole structure and add telecommunications ground equipment at the base of the tower. 4. That the proposed ground equipment will be screened from view by the existing buildings on the Subject Property. 5. That the proposed monopole and ground equipment comply with the setback requirements of the Shorewood Zoning Code. 6. That the proposed tower is separated from residential uses by 200 feet to the east and 00 feet to the south. XAMMMMIJ 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. The communications antennas and ground equipment shall be constructed in accordance with the information provided to the Planning Commission and in accordance with the recommendations of the City Planner. b. The proposed antennas shall be painted the same color as the existing monopole. Future changes to the ground equipment or the design of the antenna equipment shall be subject to review and approval of the Shorewood City Council. d. The Applicant shall, prior to obtaining a building permit, provide evidence of its right to occupy the Subject Property and existing monopole. 2. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of November 2009. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK -2- Exhibit A — Legal Description ff=�� -3- N Department Date 9 WO The city currently has six standard and one ADA voting booth available at each Election polling location, with the exception of the Island which only needs two standard booths, and Precinct 3 (the largest precinct) which has seven standard booths. During the morning and late afternoon/ evening hours, the polling sites are most busy, so the more voting booths available, the less waiting time residents will have for an open voting booth. It was recently confirmed from Hennepin County that the city will not be billed for the AutoMARK assisted voting equipment maintenance for 2009, as Election Systems & Software (the AutoMARK vendor), verified that payments for the AutoMARK maintenance made to date carried us through mid -2009. Therefore, the 2009 Election Budget has an approximate $900 balance in the Equipment maintenance line. This request is to use that balance to purchase four voting booths now, as the 2010 Election Equipment Budget was cut from $1200 to $600, and the price of the voting booths may go up in 2010. The following is the pricing received from two vendors that sell voting booths: American Made Election Equipment (AMEE) $195 each, includes shipping Election Systems & Software (ES &S) $245 each, does not include shipping All of the voting booths that we currently use were purchased from ES &S. Last year, several cities purchased voting booths from AMEE (see attached), and they were pleased not only with the price, but also the quality of the product, which is a similar style as the ES &S voting booth. The soft curtain booth is recommended; it not only looks nice, but it is lighter weight and made of a commercial grade material that will not be punctured. Both the AMEE soft curtain and hard curtain booths cost $195 each. Options 1. Authorize expenditure of funds for the purchase of four AMEE voting booths for a total of $780, with funds in the Election equipment maintenance budget. Do not approve the request Staff Recommendation Authorize expenditure of funds for the purchase of four AMEE voting booths for a total of $780, with funds in the Election equipment maintenance budget. Council Action: M od e12000 S o f t Curtain B ooth f 0 Hard Curtain Booth Made of heavy duty plastic, these versatile voting booths combine rugged durability with an attractive design that is self- contained and lightweight. Stackable and available in Standard or ADA model. 1 ��OUNCIL / ��TION FORM Staffing recommendations were presented to the Council at the December 7, 2009 work session. During that session, I went over the recommendations regarding reporting structure, duties assigned to various departments, and a redeployment strategy for staff. Attached is the memorandum presented at that meeting along with the new Organizational Chart. Recommendation Approve the staffing recommendation as discussed at the work session and as presented. Council Action: To: City Council From: Brian Heck, City Administrator CC: City Staff Date: 12/09/2009 Re: Operational Changes In the past year I have had the opportunity to further observe how staff operates and how things function. I made recommendations on shuffling a few things around last year including the elimination of a position. The Council accepted and approved these recommendations and they were implemented at the start of 2009. Several of the alterations have worked out well and I reported this assessment to the Council at the September 14, 2009 council meeting. What follows are additional recommendations for consideration regarding the operational and organizational structure for the City. Organizational Chart / Structure Change The current organizational chart and reporting scheme has the City Engineer reporting to the Public Works Director. I am recommending that the City Engineer report directly to the City Administrator. There are several reasons for this recommendation. The main reason for this is to give the City Engineer the opportunity to expand and develop his skills and knowledge in managing road and storm water projects. Secondarily, the position is treated as a department head level position. Department heads report to the Administrator so having the City Engineer report to the Administrator fits that model. Thirdly, having the City Engineer report to the administrator takes some of the pressure off of Larry. In looking at the information that led to the creation of the position, one of the main factors was to relive some of Larry's work load. While there has been a bit of improvement in this area, I believe greater improvement can be achieved so Larry has more time to focus on the long range, big picture issues facing the City and its infrasti ucture needs. I consulted with Lamy and James on this recommended alteration and there were no major concerns raised. My vision is for Fames to take tlae leadership role in the planning and III-IDIenientation of road and storm. water improvement projects, to allow him the authority to use contract engineering services for field work, surveys, and technical work in association with road and storm - water projects, Larry and I will be kept appraised of project progress through regular meetings with James. 0 3 Attached is a revised and updated Organizational Chart. Operational Changes Administration For several years the administration of human resources activities (labor relations, contract admii benefits administration, workers compensation, etc.) has been part of the Finance department. Risk management e.g. the city's property and casualty insurance, OSAH compliance, legal claims, etc, have also been part of this department. I am recorm moving these major functions out of the Final Department and include them as part of Administration. First and foremost, these are two areas where I have considerable knowledge and expertise and I have discovered over the past several months that the City has erred in the application, administration, and implementation of the urlion contract and blurred the line between union and non-union employees. To date, the errors have been to the benefit of the uriion members so claims the city violated the Mii Public Employee's Labor Relations Act (MPELRA) have not been made. I fully understand the desire and goal of equity regarding teens and conditions of employment and want to ensure the City continues to strive toward that end, however, we must do so in a manner that is consistent and compliant with MPELRA. Risk management and safety applies to more than just the Public Works staff. Larry has been doing a fine job of keeping this department up to speed. We are lacking the same level of concern and compliance with the rest of the City. Legal claims against the city are another area where there appears to be some level of disjointedness as each department may keep information and / or files on the san claim. This is most notable in the Ron Johnson situation where Larry, Brad, and Administration all had files on these cases. Some was duplicated; some was not. In dealing with legal claims, it is best to have one department that handles the file and correspondence with legal Counsel, in most cases for city's our size, this is the responsibility of Administration. Finally, having these areas under Administration conforms to the current policy manual as it relates to personnel; this structure is what I an used to and it is how f choose to organize the organization. What this means to the employees is that any issues regarding personnel, administration of the tD union contract or policy and procedures, compensation, and employee benefits, will be directed to the Administrator. Finance will be advised and consulted, as will the benefits committee and Finance will still process payroll. Employees, who wish to change ® Page 2 withholdings, contrib itions, Franking designatior etc. vF ✓iil nor =k directly with the Sr. Account Clerk. .PLANNING AND ZONING AN PRO "ECTIVE INS ECTIOAT For the past few years, the level of activity in these two departments has decreased. The decrease is most noticeable in the Planning and Zoning area and it is becoming increasingly difficult to justify the level of staffing allocated to this activity. See the attached graphs showing zoning applications, permit revenue, and building inspections. I believe there are a few areas that could use additional attention or resources allocated. The city has a recently remodeled City Mall, has several park buildings and the public works garage as well as assumed the operational responsibility for the SouthShore Center. In the past, these facilities have seen a lack of general proactive maintenance and that has resulted in undue deterioration and added maintenance costs. To provide more proactive prevention and coordination for all ouir facilities, I am recommending allocating a portion of Joe Pazandak's time to this activity. I aln unsure how much time will be allocated to this activity in 2010. We will track the time and make adjustments as necessary. The plaiming department has 1.2 FTE planning assistants and a full -time director. As mentioned above, this level of staffing is difficult to maintain based on the current level of activity and I don't expect a significant rise in activity in the firturre. I am recommending Pamela's time be devoted to website activities and assistance at the front counter as needed. Pamela continues to improve the website and now that the city is managing the SouthShore Center operations, more of her time is needed to re -brand the SouthShore Center website and information. Pattie has been involved in Geographical Information Systems (GIS) mapping for the past few years and can be an asset to James in preparing and producing maps and related materials for engineering. There were a few mapping projects that were started by not finished and Pattie can use her talents and skills in this area working with James. I am reeonunending some of her time be reallocated toward supporting this activity and this should free up some time for James to focus on the project management side of things. Overall I would like to see Planning and Zoning down to about 1.5 or 1.6 FTE. PARKS, RECREA TION AND SOUTHSHORE CENTER 2010 is going to be a big year for parks and recreation as the Park Commission has recommended an aggressive capital improvement prograin as well as continuation of some popular new activities. Response From Commission members thus far are positive in terms of the contractual arrangement the City has with Community Rec. Resources. The responses point to better information being provided as well as being timelier in the production of information. There were a few comments about process, specifically in regard to the CIP that was recommended. Our current arrangement calls for up to 23 hours of time for park and recreation related work from Commtunity Rec. Resources. We also have .65 FTE allocated to this activity as well. In 9 Page 3 addition to coordinating floe completion of the C1P for the parks and ensurin;.g the smooth continuation of progamn - inu _g, the City will be the operating the SouthShore Center via contract with CRR, The agreement with CR provides 17 hours of service to oversee the marketing, rentals, and general operations. The highest and best use of contract time is generating °avenue tun °ough increased rentals, additional programs, and partnerships. To provide additional resources toward the SouthShore Center, I am proposing to allocated additional staff time, mainly Twila, to support SouthShore Center activities as well as continuing to support parks and recreational activities. I will also devote more time at least at the begirming of the year, toward parks, recreation and the operation of the SouthShore Center. Julie and Pamela will also have a bit of their time included in the SouthShore and Parks to help with marketing and promotions. PUBLIC WORICS AND ENTERPRISE OPERA TIONS The City continues to push forward with an aggressive street reconstruction and maintenance program as well as pursuing more activity and work in storm water in terms of maintenance and inspections. To meet the need in this area, additional resources may be needed and one way to provide additional resources is through the use of seasonal workers. We will monitor staff allocations more closely in 2010 and will evaluate the possible need for seasonal type employees for 2011. At this point, my overall goal is to keep current employees whole in terms of hours of work and I am attempting to accomplish this through reallocation of time to areas where there is a demonstrated need. I want to avoid, if at all possible, the reduction in hours or the elimination of positions; however, such actions may be necessary as we move forward. My preference, should the reduction in hours or positions need to be considered in 2011 or beyond, is to first examine contractual relationships and see if contracted services are better or more efficiently provided by current staff. 0 Page 4 City of Shorewood Organizationat - T - COUNCIL A C Department Date Council Meeting Item Number Administration 12/9/2009 12/14/2009 Background / Previous Action: The City of Shorewood entered into Agreement No. A13010 with Hennepin County in June of 2000 for electronic parcel database (EPDB) for the purpose of obtaining Shorewood parcel map data from Hennepin County. A copy of this Agreement is available in the City Clerk's office. Each year this Agreement must be renewed. Staff has prepared a resolution which extends this Agreement for the Year 2010. Options 1) Approval of the Resolution extending the EPDB License Agreement with Hennepin County for 2010. 2) Do not approve. Staff Recommendation Staff recommends approval of Resolution extending the EPDB License Agreement #A13010 with Hennepin County in order to continue to receive updated parcel map data from the County in the year 2010. Council Action: CITY OF SH ORE WOOD RESOLUTION NO® 09® A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXTEND THE EPDB CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE YEAR 2010 WHEREAS, the City of Shorewood (City) has a desire to use electronic parcel specific data from Hennepin County (County); and WHEREAS, in order for the City to use the desired information, the City must renew their EPDB Conditional Use License Agreement with the County, establishing criteria for use of such data; NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and City Administrator to extend the EPDB Conditional Use License Agreement with Hennepin County for the year 2010. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of December, 2009. Christine Liz&, Mayor ATTEST: Brian Heck, City Administrator/Clerk Significant Business of the LMCC December 14, 2009 Report to Shorewood City Council Patrick J. Hodapp LMCC Executive Committee / Vice Chair A check of approximately $61 K has been received from Mediacom for the audit findings discussed in my last report. Mediacom may attempt to recover approximately $43K of this amount through a temporary surcharge on customers' bills in early 2010. If Mediacom moves forward in this direction, the LMCC will likely solicit additional advice from our legal counsel on how we may be able to prevent this from occurring. o Under the guidance of the Personnel Committee, the LMCC has engaged with the Altura Consulting Group to help review and make improvements as required in the following areas as they pertain to staff. 1) Job description / employee evaluation and review process 2) Salary review and market comparison 3) Employee benefits review and market comparison Shorewood staff may be receiving a questionnaire as part of this process. We would appreciate whatever input you are able to provide. The FTTP Committee remains active and the LMCC continues to explore the possibility of overbuilding a government owned fiber infrastructure. The Committee has invited consultants and bond professionals to the December 15"' 2009 Executive Committee meeting. There may be an opportunity for the LMCC to take an additional step in this direction by performing a second more detailed study on what it would take to undertake such an endeavor. Over the next few months, the LMCC will take a hard look at the timeline and process for franchise renewal. The current franchise agreement expires in 2013. Understanding this timeline and the process for renewal is important as we look to achieve some level of competition in broadband data access. Competition could possibly come from a government owned fiber infrastructure or the entrance of a competitive overbuilder. Efforts will begin soon to see if the LMCC is able to generate any interest from additional providers who may wish to provide service to the LMCC area. MM Report to Shorewood City Council on LMCD December 14, 2009 By: Dick Woodruff Milfoil 3 -Bay Test Program (milfoil only, treated in 2009) - Gray's and Phelp's bays had very good control of milfoil during summer - Both Gray's and Phelp's did have some milfoil at end of season - Preliminary report shows some damage to water lilies - Final Army Corps of Engineers report expected this month - 3 -Bay program will not expand in 2010 - Carman's not in '09 treatment (low private funding), but will be in 2010 (if funded) - Plans for 2010 will be set in 1 Q 10 Milfoil Harvesting Program - 2009 was a banner year for milfoil growth - 2009 harvested 170 truck loads as compared to 97 in 2008 and 148 in 2007 Flowering Rush - DNR identified and chemically treated multiple (localized, small) sites - DNR to monitor /retreat in 2010 Exotics Prevention Plan - - Exotics Task Force working on plan, start implementation by 3/10 Strategic Plan - Plan approved by Board - Plan distribution pending addition of LMCD staff 2010 work plan detail Code Enforcemen - Twenty -four complaints filed with court - Filings were against properties with three consecutive years of violations - Three complaints filed in Shorewood Sheriff's Patrol - Eight sworn, full -time, officers; thirty -one special deputies and twelve trainees as of 11/09 - No fatalities on Lake Minnetonka in `09 - 104 BWI arrests in '09 vs. 76 and 39 in '08 and '07, respectively - Plan more attention on noise and speed in 2010 Meeting Attendance - Regular Board Meetings 4 of 5 (missed one due to Council Meeting conflict) - Exotics Task Force 3 of 4 (missed one due to post - surgery recovery) COUNCIL ACTION FORM Department: Planning Council sleeting: 12/14/09 Item number: From: Brad Nielsen, Planning Director •� + ,, u�' :.I From the meeting last Monday, staff has researched in -house training for Planning Commission members (and Council if they desire). It appears that John Shardlow will have some availability in late January or February. He asks that we work through the Government Training Service (GTS) to make the arrangements. GTS staff has been tied up with training sessions in St. Paul this week, but has estimated the cost of the training to be approximately $1000 for a four -hour session and $1200 -$2000 for a six to eight -hour session. Using the information from 2009 GTS sessions, an eight -hour session (e.g. Basics of Planning and Zoning or Beyond the Basics...) would cost $125 per head. If six members attended, that would be $750 per session. The last time we offered the in -house training, we tailored a session to suit our needs and invited surrounding cities to participate for only the cost of lunch. The sessions were well received and if agreeable, Shorewood could probably recoup some of the cost of the training by charging a nominal fee (say $35 -50) for outside participants. Options Staff feels the longer customized session would obtain the most value. The bad news is, travel, conferences and schools has been cut way back for 2010, not leaving enough money to cover the expense. The good news is, the 2009 budget was underspent (mainly because staff did not attend the national conference this year) and could cover the cost. If agreeable, the Council could authorize the Finance Department to issue a check this year for not to exceed $2000. As an alternative, the underspent money from 09 would go into the general fund and if the training is provided in 10, the amount would show up as over budget for that year. Staff Recommendation If the Council is agreeable to the in -house training, it should direct staff to either draft a check not to exceed $2000 to GTS, or go on record as being aware that the 2010 budget will be over spent in this area. Depending on the decision, staff will begin working with the Planning Commission to develop a training session that suits our needs. Council Action: Each year in December, the City Council considers salary and benefit contribution adjustments for non- union staff to take effect January 1. Attached is a detailed memorandum outlining the recommendations provided below. Recommendation 1. Hold all wages and salaries at the current 2009 level and provide no increases to non -union staff. 2. Provide each employee $825 per month toward benefits. 3. Allow employees who choose the Health Savings Account plan to use any premium savings toward the deductible up to $2,500. 4. Adopt the changes to the Personnel Policy Manual as it relates to Compensation so that it is consistent with the performance based compensation plan. 5. Adopt the recommended salary schedule for 2010. Council Action: MEMORANDUM • '. 11111111111111111 11111 In December of each year, the Council establishes the rate that compensation will increase and also the amount the City will contribute toward employer provided benefits (life, dental, short and long term disability, and health). In past years, the Council provided increases as an across the board adjustment to all wages generally based on the Consumer Price Index (CPI) for the Minneapolis /St. Paul Metropolitan Statistical Area and on a survey of other similarly sized municipalities. According to the Bureau of Labor Statistics, the CPI was down 1.5% for the first half of 2009. The most recent information shows an annual decrease of .2% in the CPI (seasonally unadjusted number). The expectation is for the CPI to remain relatively flat and end the year at close to 0% or a .1- .2% rise when adjusted. Additionally, the overall economy continues to lag and uncertainty about the recovery will continue to restrict the City's ability to finance operations including wages and benefits. The premium for the City's health insurance will increase in 2010 by about 15% for the co -pay plan and about 20% for the Health Savings Account Plan. Additionally, Medica is eliminating the current $15 dollar co -pay plan and replacing it with a $25.00 co -pay. Dental rates are also increasing modestly for non -union staff. Union staff have dental provided through their Union and the cost for this program has not increased. Finally, we are looking at alternative providers for Life, short term and long term disability with the hope rates will decline or remain stable. WAGES The Council adopted a new program and method of compensation for 2010 based completely on an employee's performance. This new program does not provide for a general increase to employees with a potential for additional compensation based on performance. The budget for 2010 included $24,000 for performance adjustments. This allocation was removed from the budget. Furthermore, the fire board held fire fighter and staff compensation at 0% for 2010, the SLMPD board and negotiating committee are attempting to hold the 2010 contract to a 0 %, and the Council is offering the union staff 0% in 2010. RECOMMENDATION It is recommended staff hold wages for staff at the 2009 level for 2010 and the Council adopt the Recommended 2010 salary table attached. This chart removes the "steps ". POLICY MANUAL AMENDMENTS It is recommended the Council adopt the attached policy manual changes related to compensation to become effective January 1, 2010. BENEFIT CONTRIBUTION The current contribution toward employee benefits is $777. Any amount over this base contribution is paid by the employee. The City currently provides and mandates coverage for life, short and long term disability. Optional coverage is dental and health. The City currently offers two health insurance options — a traditional co -pay plan and a health savings account plan (HSA). The majority of employees select the co -pay plan. This plan provides 100% coverage for most services after payment of $25.00 co -pay by the employee. This plan is also more expensive on a monthly premium basis for the employee. The HSA plan has a lower monthly premium, but the employee is responsible to cover the first $2,500 in charges for service. When this deductible is met, the plan covers 100% of most services. Both plans cover preventative visits, including regular screenings and well child checks at 100% and those on the HSA also receive services at the negotiated rate. Employee's can put money into their HSA account without paying taxes and use the funds to pay medical claims also without tax implications. The money in the HSA account is the employee's money and carries from year to year and goes with the employee if they obtain employment elsewhere or retire. RECOMMENDATION it is recommended that the City Council authorize a flat dollar amount of $825 per month per employee to be used to cover premium costs for life, short and long term disability, and dental. Dollars remaining after these premiums are paid will be used toward the employee's health insurance premium. In order to encourage employees to consider the health savings account option, it is recommended that staff that elects to enrol in the HSA plan keep the savings to them and the City in an amount equal to the single deductible of $2,500. For example, an employee's total cost for all coverage with the HSA is $612 per month will get $208 added to their HSA account by the City, thus the total contribution for this employee is $820. Conversely, if an employee's monthly cost is $956 per month, the City will contribute the full $825 and the employee will pay $131 out of pocket for their benefits. Job Classification City Administrator Public Works Director Finance Director Planning Director City Engineer Deputy Clerk/ Administrative Assistant Building Official Assistant Planner Senior Accountant Receptionist /Administrative Assistant Communications Tech Job Classification City Administrator Public Works Director Finance Director Planning Director City Engineer Deputy Clerk / Administrative Assistant Building Official Assistant Planner Senior Accountant Receptionist /Administrative Assistant Communications Tech Note: Market equals the average market maximum for the classification. Performance maximum is 10% higher than the market average for the classification. Minimum is set at 76% of the market rate for the classification. 2009 Salary Schedule Job Maximum Points Minimum 1 2 3 4 Market 105% 110% 1040 $ 6,417 $ 6,839 $ 7,262 $ 7,684 $ 8,106 $ 8,444 $ 8,528 $ 8,613 $ 8,697 $ 8,782 $ 8,866 $ 8,950 $ 9,035 $ 9,119 $ 9,204 $ 9,288 732 $ 6,199 $ 6,607 $ 7,015 $ 7,423 $ 7,831 $ 8,157 $ 8,238 $ 8,320 $ 8,401 $ 8,483 $ 8,565 $ 8,646 $ 8,728 $ 8,809 $ 8,891 $ 8,972 677 $ 5,751 $ 6,130 $ 6,508 $ 6,886 $ 7,265 $ 7,567 $ 7,643 $ 7,719 $ 7,794 $ 7,870 $ 7,946 $ 8,021 $ 8,097 $ 8,173 $ 8,248 $ 8,324 542 $ 5,515 $ 5,878 $ 6,241 $ 6,604 $ 6,967 $ 7,257 $ 7,330 $ 7,402 $ 7,475 $ 7,548 $ 7,620 $ 7,693 $ 7,765 $ 7,838 $ 7,910 $ 7,983 511 $ 5,474 $ 5,834 $ 6,194 $ 6,554 $ 6,914 $ 7,202 $ 7,274 $ 7,346 $ 7,418 $ 7,490 $ 7,562 $ 7,634 $ 7,706 $ 7,778 $ 7,850 $ 7,922 375 $ 4,698 $ 5,007 $ 5,316 $ 5,625 $ 5,934 $ 6,181 $ 6,243 $ 6,305 $ 6,366 $ 6,428 $ 6,490 $ 6,552 $ 6,614 $ 6,676 $ 6,737 $ 6,799 362 $ 4,530 $ 4,828 $ 5,126 $ 5,424 $ 5,722 $ 5,960 $ 6,020 $ 6,080 $ 6,139 $ 6,199 $ 6,258 $ 6,318 $ 6,378 $ 6,437 $ 6,497 $ 6,556 314 $ 4,110 $ 4,381 $ 4,651 $ 4,922 $ 5,192 $ 5,408 $ 5,463 $ 5,517 $ 5,571 $ 5,625 $ 5,679 $ 5,733 $ 5,787 $ 5,841 $ 5,895 $ 5,949 238 $ 3,691 $ 3,934 $ 4,177 $ 4,419 $ 4,662 $ 4,857 $ 4,905 $ 4,954 $ 5,002 $ 5,051 $ 5,099 $ 5,148 $ 5,197 $ 5,245 $ 5,294 $ 5,342 194 $ 3,372 $ 3,594 $ 3,816 $ 4,038 $ 4,260 $ 4,437 $ 4,481 $ 4,526 $ 4,570 $ 4,615 $ 4,659 $ 4,703 $ 4,748 $ 4,792 $ 4,836 $ 4,881 183 $ 3,118 $ 3,397 $ 3,607 $ 3,817 $ 4,027 $ 4,194 $ 4,236 $ 4,278 $ 4,320 $ 4,362 $ 4,404 $ 4,446 $ 4,488 $ 4,530 $ 4,572 $ 4,614 Recommended 2010 Salary Schedule Job Performance Points Minimum Mid Market Maximum 1040 $ 6,417 $ 7,431 $ 8,444 $ 9,288 732 $ 6,199 $ 7,178 $ 8,157 $ 8,972 677 $ 5,751 $ 6,659 $ 7,567 $ 8,324 542 $ 5,515 $ 6,386 $ 7,257 $ 7,983 511 $ 5,474 $ 6,338 $ 7,202 $ 7,922 375 $ 4,698 $ 5,440 $ 6,181 $ 6,799 362 $ 4,530 $ 5,245 $ 5,960 $ 6,556 314 $ 4,110 $ 4,759 $ 5,408 $ 5,949 238 $ 3,691 $ 4,274 $ 4,857 $ 5,342 194 $ 3,372 $ 3,905 $ 4,437 $ 4,881 183 $ 3,188 $ 3,691 $ 4,194 $ 4,614 Note: Market equals the average market maximum for the classification. Performance maximum is 10% higher than the market average for the classification. Minimum is set at 76% of the market rate for the classification. 6.0 COMPENSAT 6.01. Wage Administration Plan The salary structure of the City of Shorewood is based upon the following: 1) Competitive wages for the labor market 2) Compliance with the Minnesota Pay Equity Act (also known as the "Comparable North Act "), to insure equitable compensation relationships among positions within the City 3) Providing incentive and recognizing good performance 4) Providing appropriate flexibility in administration 1. Classification and Compensation Plan A classification and compensation plan was adopted in July 2006. It identified the job points for each position and established the pay relationships among them. Data from a survey of other cities' salary ranges established the market for each position's compensation. By combining the internal relationships and external salary ranges, pay ranges were established for each City position. The compensation system is a "pay band" system. A salary range is established for each position, with the beginning of the range at 76% of the top of the pay range (also referred to as the "market" pay). I -- a c x crc r ° i of 3z i1 t ra w r� nzaa r za c cc c��c; - rc n —,A tic�ritt -r� 7�t T is ex pe4xts —e1s( be31E tc�oi�t- t��}�#` -tl pad -rge ri rrv�y als— t ;tv h` csE all e flip zcc 1 c de t - :�sti�Ft sis�tinti tae n�i gat eta a{i<n 3ov l iil-at ani- the4Op -t44he -pay Fftilg SOOneF.MOVCJ'T1Cut througla the_rai e i 5 based oti ati ej- nplovee.'s 7erfo r iiiance iii the p osition. adjustment - rr✓ v-- n ' he N ,- E32f L 43§' - �, $§3-s�F�1�- rrrree- ccz - ��d t s e iYs: An employee may move through the pay range more quickly if, on the basis of the annual assessment, performance exceeds expectations. 1 , I .Nee W110 , - r, 4�, E�f 11ie x`, i -f rn in -tt ri i i of e � �lii tat Of - thel ) a r a 3. Budget Considerations The City Council naa -authl —Hiz - eeoncr'111i -wad j ell W;I niO ve -the 2591018v2 -26- }I I det rnii`s €c d � `in €12C E714C let _ — — f4occ rtYJ 4Y rliLl4 It i 6.L aloriev It be s 6tsid o per L}f Y nqgcc irli Ieasc t()r R011 UIl io ll stal l wrcasc,�,_ro pcd r� mr - icc will roc, <allottc iri �ac;corcl arice N Nth t_ la, policy, 6.0 COMPENSAT 6.01. Wage Administration Plan, continued 4. Performance Assessment Each employee's performance is foi•tiiall�_tc assessed by his /her supervisor at-lea-sit-annually-. arrallyll �€i�iletirtl€ ir- �r�14ort ani� �a °y_ -- -For new employees, a performance assessment wi-l-1 -his conducted at the end of the six -month probationary period. The purposes of the performance assessment are to: • f3�tt��- i- i= w�ll o�- l- s��= c��- a� =r };�� i- n- ��i��rc�- �;- ��1- �..rc- spc -��-1 --gas twined i- ti-h ,/ - — d& oc fi- .A5sess lio ti ell the ellinl_oveo is - forrni i assigned area ofresponsibility k1licd 011 the cxl ectatittns_1a1t,11L1atlV establish by the gnplovi and sra � er visor . • Provide a formal opportunity for two -way communication between the supervisor and employee about the employee's performance. • Identify areas or items for improved performance; for personal and professional development; and specific work projects or priorities for the next assessment period. • Identify areas where responsibilities have changed and /or deserve to be re- evaluated. There is a form for the assessment of performance for each position. These forms become a permanent part of the employee's personnel file. The supervisor's and employee's assessments will be submitted to the City Administrator when completed. The results of the total performance assessment will be used when determining salary adjustments. The City Administrator will review the assessment for purposes of consistency in performance assessment and salary administration throughout the organization. ?. Perfornia:nce Administration In order to maintain market competiti the salary ranges f « r each classification will b c000nr � arcd to the a ttar t ev ery-. r o yeaars. Position classifi where the i,parket rn aveLagc; maximum salary fiar that classifica is at 95 or lo wer w ill re ceive €li a dJUstnierrt to t he market rate on th e scale t 100 of the a yer cx tna kct rate _ The balance of the scale will adjust accorcliiraly. Tile adiustment of`the scale will not increase the ccirrent wa ofstaif M_the classific being_aduj stdd Stuff is rated on a three, pooh scale: 1 do not in c,t expcc tatiotas,_2 =-m ccts expect and 3= e l iment of s gbj�tc ives. getaeral iob task and oei at titud e. S ome ol ittr;raas tear the evaluation arc;_sit rated as 'liass /f ail ". that is, the employee can accomplish the task or they ca nnot. -- 2591018x2 -27- A. Does not aicet Mcans the euiplove� h,,js not coti proiects or task s .. .. .. ... . ------------- on diric or wit ill the ILlidelilleS established "hy t tie €_,li_ri 1, jwnag a 1ld er "Ly-e ail( -lid not I repL)ft to the departurien alA I i - and,problerris that c -med or delayed the - ------ ------ . ..... . . . ............ ..... . . . ..... - ------------------ -- conjpledorl ofthe [ask omjioreet- The emolovee has jiot niade Improveii1ent oil issues iderifilied by- the department aiana(-m duri jj�a jjjft -Tl al i dscui ssons, An eniplovee vrra.v also be — - - -- - - - - -- - - - - - ------- ------------- - ---- - - ----------------------- - . ......... - - ------ ----- down -oracled" by xhibitino , - h�wvin - g o i poor or iie attiltude about [tic worl"". other eMplovee's, Counc,Lets riot resp x )ndin (I residents and others in a timely timely er niarin, shows — , enerat disresr)ect for resid ouncil n knowledf e. a en t.s c , other staff. does riot seek to i pro their skills ,of�Lqbilitics, reluctafit rt 1�� with others in orobleiii solvin2, adheres to the '"old P4 qgm�L .... . . ...... .... . ..... way" of doing thinLys. is general road block to change and in etc. B. Meets Lx_p�gctations. Means an f Mploye.e co[npLetec�,theirp_Lqjgcts andjorjasks and successfully met the expe_qtatior as b tLy�2D e. - r r1ja ��L. An jk��yg_ _qep_a a n _ e mployee �can be considered as meeting expectations even if the protects a rid/or tasks were not completed on time as originally anticipated if they cleartycorrrrnunicated the pote ntial the y w ere doin �to o vercome �the expectations will have positive attitude; address team members directly aqd_p fessionaLly whent are issues, r icjL te _p in collaborative Droblern solving. COMDletes assignments in a timely manner: etc, C. Exceeds ex ectation. Means the eMDlovee not assigned and meets the expectations identified by the employee and department rTian_gger to emplovee is also self-motivated and seeks creative solutions to overcome issues; is a self-starter and self motivated. The empl �Mll seek qut_ggp2Lqjnities to improve their skills and abilities on their own; will Participate in grouEl problem solving and is willing to take measured risks and offer new ideas and ways of operating .The em . MployE�e m aintains a gerieral os itive attitude E �nc ra es and seeks opportunities to assist team members; is tirriely in their response to requests from the public or other staff; etc. _plovees who receive parr overia.11 ratitio of"does riot meet. x pectat ions" will riot receive ail - -LP- --- increase in compensation for that period. An employce falling in to this catc, will develop with his/her Su pervisor a cowlete a detiailed work plan with s beiictintarks ar tinie-lirre benchmarks will be achieved. The supervisor can reconiniend the enUL..l_qNes., in a p robationary status or have his/her pmkttiorr exterided. 11 (his is the rccoti idation. the supervisor and employee .natant complete a detailed work plan with specific benchmarks and time- line beiiehinarks will be achieved. hi soiTie instances. an en j)loyee who is rated as "does not meet expectations" wi.11 have their employment with the City terminated. Employees who achieve the rating "meets expectations" will receive air increase in compensation to their base pav eqU81 to the 111101-int established bv the Couricil in the bud yet %vhich is �erreraflv equal to the increase in the Consumer Ili Index (CPI) for tile Minneapolis/St. Paul statistical area as rgiorted by the BureaLl o[j, Statistics. Employees who achieve the rating - exceed expectations ' will receive an increase to their base p wage similar to the eniDlovee's w I I leet ex h( I , ations. In addition, the first time an achieves this ratirio the will receive a WITIT) SLITII payrinew equal to 1% oftheir salarv, Ail ern[)lovCC who achieves this level of wrformance in I�vo or more consecutive wars, will have the additional 1% added to their base 2591018v2 -28- f sfl L[ €3. �..L v 4. V� € o Is at he tiSGi it - purrs ()} € lc, s a £�ncl fi: ct tile r nL' ( i.�� ' £�F4�✓tS "o exccea —__ _.,�. -- . - -__ �XS� ta tions x� ill receive eiv the ir C o mr) nsati n in the i� rn-i o a sing )[c �ilt�i � SU ll 1MV111 It the - -- - - - - - - - - -- _. - increase will no be added tll the C 1'1:�� to c _`°r �)c�`gti�; wage until .SLIC 11 €. MIC', IS the i?` am t1uin on the ._ .- _.._._... . s,dary scale exceeds the employee's rate ofpav, /S ection R 12 "0 2591018v2 -29- COUNCIL ACTION FORM Department Council Meeting Item number Administration December/14, 2009 10 e R # 1' t� The City Council and Staff have been working on establishing goals and objectives for 2010 since early this year. This was a new approach and we attempted to coordinate this process with the development of the budget and capital improvement program. The Council discussed the goals and objectives at the December 7, 2009 work session and was comfortable with all but the Citizen Involvement section and asked staff to go back and refine this section. The Parks, Recreation, and Environment section was reviewed by the Park Commission and the commission suggested a few alterations. The attached document contains all the revisions requested /suggested by the Council, Planning, and Park Commission as well as a revised Citizen Communications and Involvement section. Options 1. If the Council is comfortable with the product, they can move for adoption. 2. The Council can refer to the first meeting in January for discussion. 3. Discuss, revise, and adopt at this meeting. 4. Do nothing. Recommendation Staff recommends the Council consider adoption or referral to January. Council Action: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. r Goals 1 Provide for continued, cost effective maintenance and improvement of Shorewood's roads. 2 Promote the use of the city's water services. 3 Provide a safe and reliable city water system. 4 Provide a safe, effective, and reliable waste water collection system. 5 Provide for the long term maintenance of municipal buildings including City Hall, Public Works, and SouthShore Community Center. 6 Protect property, preserve, and enhance water quality through efficient management of Storm Water. Objectives Key for 2010 1 Develop and implement long term financing plan for road maintenance and construction. 2 Develop a standard procedure for obtaining resident input on the installation of water services prior to street reconstruction. 3 Implement road improvement plan such that plans and specifications are ready for spring construction. 4 Ensure proper preventative maintenance of local roads to preserve their integrity and longevity. 5 Implement infiltration and inflow inspections and maintenance tasks as budgeted each year. 6 Develop and implement a strategy to encourage people who have access to municipal water to consider connecting to the municipa6 water system. 7 Develop annual maintenance and inspection plan for public facilities major components. Ob J s,,. w. 7i +6,+ Target A a. z 2010; Ke for r Ys a.... 1 Ensure that the Comprehensive Stormwater Management Plan is kept current. 2 Ensure that public improvement projects are reviewed and properly managed for storm water and erosion control. 3 Ensure that ordinances and regulations are current regarding non - stormwater discharges into the City's stormwater system. 4 Evaluate the existing system for stability, capacity and review of interruptions to service to identify system needs or stability. 5 Provide forms of public and staff education on Stormwater Pollution and Best Management Practices. 1�arks, Recreation, and E nvironme nt Goals 1 Maintain and enhance park amenities. 2 Expand and improve recreational programming and promote greater use of the parks and the SouthShore Community Center. 3 Proactively address the preservation of the natural environment. O bjectives key �: ,g. 01 1 Implementation of the 2010 Capital Improvement Plan. 2 Continue with existing programming and develop new programs for parks. 3 Evaluate deer harvesting program and establish policy guidelines. 4 Achieve break -even status on the SouthShore Community Center operations in 2010. 5 Increase marketing of programming at parks and SouthShore Center. 6 Annually evaluate and remedy playground safety concerns. 7 Expand programming for SouthShore Community Center. 8 Determine feasibility of expanding Community Garden. 9 Plan and Implement policy to address diseased trees e.g. Emerald Ash Bore, Dutch Elm, etc. 10 Increase recycling program participation by 10 %. 1 Evaluate feasibility of organized solid waste collection. 2 Assess the types of programs and activities desired in the community. 3 Expand programs to additional park. 4 Expand and improve the "Fun Friday" programs throughout the year. 5 Evaluate and determine the highest and best use of our parks /amenities and facilities. 6 Evaluate and develop trail options within parks. 7 Construct or refurbish one shelter each year at each City Park. 8 Evaluate and assess signage in the parks and remedy deficiencies. 9 Evaluate possible new features within parks. Public Safety 1. Ensure proactive law enforcement and maintain a reasonable response time to emergency calls for service. 2. Ensure and promote fire and crime prevention and awareness programs. 3. Proactively address facilities maintenance funding with other member cities. 4. Provide better integration and alignment of public safety budgeting with city budget. Objectives - Key for 2010 1. Work with the Police Coordinating Committee in implementing funding formula update as required by the Arbitration Decision. 2. Provide regular reports on activities of the police and fire district operations. 3. Work with the other cities to create a plan for the long term care and maintenance of the public safety building. Objectives - T rep. for 2010, Key 'For 0 . 1. Work with police and fire to develop crime and fire prevention and awareness programs and activities. Oh,jectives - key for 20 and beyound 1. Increase the number of Night to Unite Block Parties held in Shorewood by 15 %. 2. Develop a method to better integrate public safety budgeting with city budgets Finance, Services, and Human Goals 1. Minimize the overall tax burden on residents and ensure adequate resources are allocated to provide quality, effective and efficient services. 2. Ensure the City maintains staffing allocations necessary to achieve the priories and services levels as established by the City Council. 3. Reward staff based on results and overall performance in achieving stated goals and expectations. 4. Provide accurate information in a timely manner to residents, contractors, and the general public. Objectives — Key for 2010 1 Establish and present monthly analysis of City's financial health and condition. 2 Prepare and present financial reports to staff, council, and outside reporting agencies in a timely and accurate manner. 3 Develop and implement a methodology to review staffing allocation on an annual basis. 4 Establish annual budget priorities and service level expectations. 5 Establish sound process to evaluate staff based on results and expectations. 6 Develop long -range financial and strategic plan. Objectives Target' for B Key 1 1 Develop models for long range financial forecasting. 2 Establish standards and measures to ensure quality service is delivered. 3 Review allocation of responsibilities as necessary. City Planning and Protective Inspections Goals 1. Preserve property values and improve the physical, environmental and economic health of the community by anticipating and managing change. Prepare and enforce regulations relative to the physical environment (man-made and natural) and improve the processes for completing building and zoning permits, applications and other requests for services. Inform and educate residents and businesses about the City's planning goals and objectives and code compliance to assist in developing a safer, well-planned and healthier community. Objectives - Key ffor 2010 1 Provide in-house GTS type training for planning commissioners. Z Implement and publicize the Shorewood Comprehensive Plan. 3 Develop a proactive process tuensure planning district plans remain current and viable. 4 Provide continuous review and revision as necessary to the City's development regulations. C' t tox 2010; KeYƒow 2011 Establish a system of zoning permits to fill in the gap between the building code and other City development regulations Enhance communication techniques through written and graphic educational materials, a series of planning articles for the website and newsletter, and public outreach. „ r' 1. Ensure residents receive regular updates about city happenings, events, and decisions. 2. Gain greater input and feedback from residents regarding issues facing the City. Objectives - Keyfor 2010 1 Develop and implement strategies to engage citizens and to obtain feedback on city services and priorities. 2 Develop and implement on -line transactions to include interactive forms, reservations, and payment. 3 Implement tools that increase access by citizens to city information, data, events, and services. Key 1 Develop new techniques to gain greater participation in community meetings and events. 2 Develop and produce at least four (4) Shorewood specific programs for broadcast on the Local Access Channel. 3 Determine feasibility of live broadcast or web - streaming council meetings. 4 Determine the feasibility of going to electronic council and commission packets.