The URL can be used to link to this page

09-12-11 CC Reg Mtg Agenda C. B. A. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 12, 2011 7:00 P.M. AGENDA Attachments 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Lizée ___ Hotvet ___ Siakel ___ Woodruff ___ Zerby ___ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, August 22, 2011 Minutes B. City Council Work Session Minutes, August 22, 2011 Minutes C. City Council Regular Meeting Minutes, August 22, 2011 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. Accepting Project and Authorizing Final Payment for Meadowview Road, Engineer’s memo, Nelsine Drive, and Wild Rose Lane, City Projects 10-01 and 10-02 Resolution C. Silver Lake Sediment Trap Soil Boring Engineer’s memo D. Sanitary Sewer Televising Engineer’s memo 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Terrence Haines, Eagle Scout project update CITY COUNCIL REGULAR MEETING AGENDA – SEPTEMBER 12, 2011 Page 2 of 2 Attachments 7. PARKS 8. PLANNING 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Aquatic Invasive Species Pilot Program Joint Powers Agreement with the City Attorney’s MCWD Outline for Discussion memo 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Recycling Report Recycling Coord./ Adm. Asst. memo 2. Water Connection Fee Administrator’s memo B. Mayor and City Council 13. ADJOURN CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 12 September, 2011 7:00 p.m. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Approval of a resolution accepting the Meadowview road, Nelsine Drive and Wild Rose Lane rehabilitation project, and authorizing final payment. Agenda Item #3C: Consider directing staff to work with AET for the Silver Lake sediment trap project for a soil investigation not to exceed $2600. Agenda Item #3D: Staff received five quotes for the Sanitary Sewer Jet Vacuum Cleaning, Main Line Televising, Structure Inspection project. Staff recommends that the City Council direct staff to work with Hydrovac, Inc. for the project not to exceed $28,000. Agenda Item #5: There are no public hearings this evening Agenda Item #6A: Eagle Scout candidate Terrance Haines will be present to report on his project and to make a funding request. Agenda Item #7: There are no Park items this evening. Agenda Item #8: There are no Planning items this evening. Agenda Item #9: There are no Engineering/Public Works items this evening. Agenda Item #10: Discussion on the Outline for the Aquatic Invasive Species Pilot Program Joint Powers Agreement with the Minnehaha Creek Watershed District Agenda Item #11A: There are no items for Old Business this evening. Agenda Item #12A.1.: Staff has provided a report on the City’s Recycling Program. Agenda Item #12A.2: Council may review the water connection fee information provided and determine if a work session should be set to further discuss the policy and fees and additional staff research that may be needed on this topic. #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING CONFERENCE ROOM MONDAY, AUGUST 22, 2011 6:00 P.M. MINUTES 1. CONVENE SPECIAL CITY COUNCIL MEETING Mayor Lizée called the meeting to order at 6:02 P.M. A. Roll Call Present. Mayor Lizée; Councilmembers Hotvet, Siakel, Woodruff and Zerby; and City Administrator Heck Absent: None B. Review Agenda Woodruff moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0. 2. PARK COMMISSION INTERVIEWS The following candidates were interviewed for the consideration of appointment to the Park Commission. A. Susan Gordon, 19335 McKinley Place 6:00 P.M. B. Bill Haines, 25775 Birch Bluff Road 6:15 p.m. 3. ADJOURN Zerby moved, Woodruff seconded, Adjourning the City Council Special Meeting of August 22, 2011, at 6:29 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizée, Mayor Brian Heck, City Administrator/Clerk #2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, AUGUST 22, 2011 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizée called the meeting to order at 6:33 P.M. A. Roll Call Present. Mayor Lizée; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Zerby moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. 2. 2012 GENERAL FUND BUDGET WRAP-UP DISCUSSION Director DeJong stated at the end of the August 8, 2011, Council work session about the 2012 Operating Budget, it was his impression that there was agreement on the tentative budget. There was a question about what the City received in cellular antenna revenues. He explained the annual revenues are approximately $148,000. The proposed budget included in the meeting packet reflects transferring $40,000 of those revenues (which go into the Water Fund) into the General Fund. The $40,000 amount was selected because that is the amount that had been being transferred in from the funds from the liquor operations. The 2010 audit results for the Water Fund indicate the Water Fund has an approximate $57,000 surplus. Transferring $40,000 out of the Water Fund to the General Fund on an annual basis would not put the Water Fund into a deficit operating position. DeJong explained that in addition to the $40,000 transfer the 2012 Operating Budget will need to reflect the use of approximately $165,000 in General Fund balance to balance the budget. There will potentially be $100,000 – $125,000 that is planned for budgeted expenditures that won’t be needed on an annual basis. That amount is spread across the General Fund operating departments’ budgets. Which department the surplus comes from varies from year to year. Rather than going through each department budget in excruciating detail to try and guess which department budgets should be cut, it’s easier to make an assumption that there will be a $100,000 – $125,000 in budgeted operating funds that won’t be used during the year. Based on that, it’s anticipated that $40,000 – $65,000 of previous year’s year-end General Fund balance will be used to balance the 2012 budget at year-end. DeJong stated it’s up to Council to debate the merits of adopting the preliminary budget as submitted. In response to a question from Councilmember Zerby, Director DeJong explained for 2012 the General Government and Elections budgets have been merged into the Administration budget. Also, the budgets for CITY OF SHOREWOOD WORK SESSION MEETING MINUTES August 22, 2011 Page 2 of 2 Sanitation/Weeds/Waste Removal, Streets and Roads, Traffic Control, and Tree Maintenance have been merged into the Public Works Services budget. In response to another question from Zerby, DeJong explained the 2012 General Fund budget does not include funds for the possible acquisition of a new financial system noting that would probably be a capital expenditure. Councilmember Woodruff stated he is sold on the preliminary 2012 Operating Budget. Assuming the budget is adopted, he requested that starting with the January 2012 Monthly Budget Report he asked that the year-to-year comparisons in the Report reflect the merged departments. Administrator Heck stated staff is still working on some staffing concepts that may have an impact on the budget’s bottom line, noting any changes won’t impact the tax levy. Those changes may have an impact on the amount of General Fund balance that will be used. Any proposed changes to staffing will be presented th to Council no later than the September 26 Council meeting. Mayor Lizée stated it’s anticipated there will be some movement of personnel. Council thanked Director DeJong for the quality work he did on preparing the budget. 3. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Work Session of August 22, 2011, at 6:42 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizée, Mayor ATTEST: Brian Heck, City Administrator/Clerk #2C CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 22, 2011 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizée called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Lizée; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Zerby moved, Hotvet seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, August 8, 2011 Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of August 8, 2011, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, August 8, 2011 Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of August 8, 2011, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizée reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Authorizing Submittal of the Three Rivers Park District Regional Trail System 2011 – 2012 Winter Use Permit Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 2 of 18 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Excelsior Fire District 2012 Capital Improvement Program and Operating Budget Mayor Lizée stated the meeting packet contains a copy of the recommended Excelsior Fire District (EFD) 2012 Capital Improvement Program (CIP) and the 2012 Operating Budget. She noted Chief Scott Gerber is present to briefly highlight the documents. Chief Gerber stated the recommended budget comes from the EFD Board which is comprised of a representative from each EFD member city. The Board recommended the member cities adopt the Budget and CIP. The recommended budget was forwarded to the member city City Administrators/Manager and they were asked to forward it on to their City Councils. Chief Gerber highlighted a couple of budget summary items. He explained the overall 2012 Budget amount of $1,526,572 reflects a 1.39 percent (or $20,956) overall increase over the 2011 adopted budget. The member cities’ 2012 contribution amount of $1,516,292 reflects a 0.30 percent (or $4,541) increase when compared to the 2011 contribution amount of $1,511,751. The total overall budget of $1,526,272 is comprised of: $807,005 for the Operating Budget; $165,000 for the Capital Improvement Fund; and $554,567 for the Fire Facilities Fund. The total budget was reduced through the use of part of the anticipated $40,000 surplus in the Fire Facilities Fund at the end of 2011 and this in turn reduced the municipal contribution. The surplus is the result of using unspent proceeds remaining in the construction fund for the public safety facilities to offset part of the first 2011 bonded debt payment for the EFD. The $40,000 surplus is proposed to be allocated as follows: $12,679 for the 2012 required mandatory contribution to the Excelsior Firefighters Relief Association’s (EFRA) fund for pensions; $17,040 will be placed in a reserve account to be used for specific District needs or future required contributions to the EFRA; $2,500 for replacement furniture in the lounge at EFD Station 1; $1,000 for cabinets for boat and water supplies at Station 1 and Station 2; $5,000 for the replacement of a mobile data computer as the EFD Chief deems necessary; and, $1,777 for an additional 2 percent increase in compensation and benefits for the EFD Chief. Mayor Lizée thanked Chief Gerber for all of his hard work and for the quality group of firefighters that he leads. She also thanked Councilmember Zerby for his efforts as the City’s representative on the EFD Board. She stated the EFD Board has had a number of discussions about the budget and the Board had held a joint budget work session of the member City Councils to discuss the recommended budget. In response to a question from Councilmember Woodruff, Chief Gerber explained the amount of the 2012 required contribution to the EFRA’s fund for pensions has been locked in. Gerber then explained the 2012 budget timeline had been adjusted to allow for trying to make the contribution amount as concrete as possible. Councilmember Zerby stated he thought Chief Gerber did a great job with the budget and the budget process. Everything was transparent. He then stated from his vantage point he thought everything Gerber asked for is necessary in running the department. He expressed his appreciation for Gerber’s frugalness and also his patience when dealing with the Board. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 3 of 18 Zerby moved, Siakel seconded, approving the recommended Excelsior Fire District 2012 – 2032 Capital Improvement Program dated August 2011 and the 2012 Operating Budget dated August 12, 2011, as recommended. Councilmember Siakel thanked the District personnel for the awesome job they do. Motion passed 5/0. Chief Gerber thanked Council for its support day in and day out and for the budget. Councilmember Woodruff noted that the City contracts with the Mound Fire Department (MFD) to provide services out on the islands. He stated the MFD provides good service to the City’s residents on the islands. B. Jeff Casale, Report on Minnehaha Creek Watershed District Board Activities Mayor Lizée introduced Jeff Casale, a Shorewood resident who is on the Minnehaha Creek Watershed District’s (MCWD) Board of Managers, who is present to provide an update on MCWD Board activities. Mr. Casale commented that during the April 11, 2011, Council meeting Councilmember Zerby asked if there were resources available to identify the City’s water resources; those that are visible today as well as those that were once there. Zerby asked if someone could prepare some maps reflecting that. Mr. Casale reviewed a list of programs the MCWD is working on. They are: water quality sampling, carp management, education and communications, aquatic invasive species (AIS) prevention, flood prevention, capital projects and cost share. He explained the MCWD was established in 1967. During the 1970s flood protection programs were put in place and sewerage discharge into Lake Minnetonka was eliminated. During the 1980s the MCWD was given mandates beyond flood control. Mr. Casale displayed a map of entire MCWD. The map was animated to show how water flows through the MCWD. He noted the MCWD’s boundaries are hydrological. He also noted there are 27 communities in the MCWD. He explained that water within the upper watershed flows into Lake Minnetonka and eventually into Minnehaha Creek. Mr. Casale then displayed a map of the City that showed where the historical wetlands had been. He also displayed maps of how the topography of the City changed with regard to wetlands. He noted in the 1950s, 1960s and 1970s there were a lot wetlands. He explained that during the 1980s and 1990s a number of the large wetlands were filled in. On the western edge of Shorewood, there was a fairly expansive wetland that remained largely untouched until the 1980’s. Today, it’s completely covered by development. At one time there was a large wetland where City Hall is now located. In the 1980s and 1990s storm sewers were installed in the City. Each of storm sewers is like a small creek that brings water into Lake Minnetonka. A few years ago the MCWD did a wetland restoration project at Gideon Glen and as part of it grit chambers were installed for protection. Mr. Casale explained that because there will not be a great deal of redevelopment within the City, the City and the MCWD may want to consider opportunities for parking lot improvements. Parking lots can be removed, grit chambers installed and a parking surface reinstalled. The grit chambers can be bottomless so that water flows back into the water tables. Or, if the water tables are too high, they can serve as holding tanks so that the water goes back into the water tables more slowly. Wetlands do both of those things. That could be an opportunity for the parking lot at City Hall since it used to be a wetland. Another CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 4 of 18 parking lot opportunity could be near the nursery in the City because that area also used to be a wetland. There are also opportunities for the MCWD to have private partnerships with residential property owners where the MCWD would participate financially if the property owner were to reduce large impervious surface areas. Mr. Casale stated the City of Edina has incorporated oil/grit separators systems into its stormwater management plan. Those systems are designed to remove trash, debris and some amount of sediment, oil and grease from stormwater runoff. They operate based on the principles of sedimentation for the grit and phase separation for the oil. Mayor Lizée asked if grit chambers require a lot of maintenance. Mr. Casale responded they do have to be vacuumed out periodically. Mr. Casale stated the parking lots and grit chambers are the greatest opportunities for restoring wetlands in the City. Councilmember Zerby stated he would like the opportunity to study the maps in more detail at a later time, noting the Council agenda for this meeting is very full. Mayor Lizée thanked Mr. Casale for his presentation this evening. 7. PARKS Commissioner Hartmann reported on matters considered and actions taken at the August 9, 2011, Park Commission meeting (as detailed in the minutes of that meeting). A. Badger Park Warming House Rehabilitation Mayor Lizée stated the meeting packet contains a copy of a memorandum requesting Council approval to move forward with the rehabilitation of the Badger Park warming house. She noted the City has received bids for painting the warming house, doing construction preparation work and repairing two stoops. Councilmember Zerby commended the Park Commission for being frugal by looking at ways to improve existing park resources. He stated the warming house is used a lot. Zerby moved, Woodruff seconded, awarding the contract to paint the Badger Park warming house to Eclipse Painting Contractors in the amount of $2,090, awarding the contract for construction prep work to Pete Seamans Construction in the amount of $1,975, and awarding the contract for repair work for two stoops to Pete Seamans Construction for an estimated amount of $4,500. Councilmember Woodruff commented that the warming house is one of the more heavily used buildings and that for years it has needed some work. The proposed improvements will help a great deal. Councilmember Siakel asked if the Park Commission has discussed a longer term plan for the warming house. Commissioner Hartmann responded that the Commission will be doing that. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 5 of 18 8. PLANNING Director Nielsen reported on matters considered and actions taken at the August 16, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). Director Nielsen commented that Planning Commissioner Hasek recently underwent hip replacement surgery. Mayor Lizée wished him well. A. Deer Feeding Ban Draft Ordinance Director Nielsen stated the Planning Commission discussed the possibly instituting a deer feeding ban a couple of months ago as a result of complaints the City received from residents who did not think feeding deer was a good thing to do. He explained that during 2010 the City published four different articles, written by the Department of Natural Resources, encouraging residents not to feed deer. Unfortunately, a number of people are still feeding deer. Therefore, the Commission thought the City should approve an ordinance banning such feeding and it suggested doing a one-question residential survey soliciting feedback on such an ordinance. The survey was distributed with residential sewer bills and approximately one-third responded to the survey. Of the 904 responders 726 responded yes to having an ordinance that bans feeding deer. Nielsen then stated the Commission has drafted an amendment to the City Code which would ban the feeding of deer for Council to consider and a copy was included in the meeting packet. The Commission would like the ordinance to go into effect this fall. He noted that the ordinance was carefully crafted so it did not include the residential feeding of birds. Mayor Lizée read a section of the proposed ordinance amendment. It states “No person may place or permit to be placed on the ground, or within five (5) feet of the ground surface any grain, fodder, salt licks, fruit, vegetables, nuts, seeds, hay or other edible materials which may reasonably be expected to intentionally result in deer feeding, unless such items are screened or protected in a manner that prevents deer from feeding on them. Living fruit trees and other live vegetation shall not be considered as supplemental deer feeding.” She noted it was specific to those who feed deer. Councilmember Zerby stated he looked at one of the Minnesota Department of Natural Resources’ (DNR) bans. That ban contained some things that made a lot of sense. That ban defined attractants and feed as two separate items. He stated that he has spoken with some hunters who explained that salt licks are considered an attractant and not food. He suggested using some of the language the DNR used. He explained the DNR included language about who is responsible. For example, the DNR includes the property owner or the lessee of the property in its language and it ties that back to the responsible party. The DNR uses a height of six feet versus five feet. He noted he tends to lean toward using language similar to the DNR’s language. Zerby then stated he is not sure banning the feeding of deer is going to solve the problem of deer eating property owners’ vegetation. From his vantage point, the City’s deer harvesting program is a more effective solution. He explained the ordinance will be enforced on a complaint basis and that could result in neighbors being pitted against each other. He acknowledged that the residents have spoken in favor of such an ordinance through the survey and he will support that. He suggested there be a one year trial period for the ordinance so the effectiveness of the ban can be evaluated. Councilmember Siakel stated she concurs with Councilmember Zerby’s comments. She noted that she read the comments the survey respondents included in their replies. She stated the problem is about deer CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 6 of 18 invading residents’ yards and eating their vegetation. If the deer aren’t harvested they are going to continue to eat the vegetation. She suggested having an aggressive deer management program for 2011. She stated she can support the wishes of the community even though she thinks the way to handle the problem is more about controlling the deer population than banning the feeding of deer. Mayor Lizée asked if the City should have a policy about banning the feeding of deer rather than an ordinance banning the feeding of deer. She clarified she agrees with banning the feeding of deer in the City for a variety of reasons. She noted an ordinance is only good if it can be enforced. She stated she thought enforcement would be a big issue. She asked what a Class A offense is and what the penalty for it is. Director Nielsen explained the Planning Commission spent a great deal of time discussing enforcement. He noted that a number of the survey responders questioned how the ordinance would be enforced. He stated the Commission and Staff suggest it be enforced on a complaint basis only. The Commission suggests that for those feeding sites where there is a lot of food the City should advise people putting the food out to stop what they are doing and if they don’t then issue them a ticket. He noted a Class A offense carriers a $100 fine and a warning is issued before a ticket is issued. Mayor Lizée asked if other cities have deer feeding bans. Director Nielsen responded some do. Director Nielsen explained the reason the Planning Commission decided to go with five feet off the ground is some people can’t fill a bird feeder that is six feet off the ground. Mayor Lizée asked if cities that have ordinances that ban the feeding of deer are successful in controlling the deer population. Director Nielsen explained the ordinance to ban the feeding is just part of the solution to control the population. He then explained the 2011 deer harvesting program will done for five weekends as opposed to four which was done in the past. Consideration is also being given to starting the harvesting early on Friday evening. He stated some of the 2011 sites should produce better results. He explained the City’s white tail deer policy does specify a deer population goal. Mayor Lizée stated she can support an ordinance with a one-year sunset date. Councilmember Siakel stated she agrees with that. Zerby moved, Siakel seconded, Approving Ordinance No. 478, “An Ordinance Amending the Shorewood Municipal Code as it Pertains to Supplemental Feeding of Deer” subject to it including a sunset date of September 1, 2012, and Section 704.02 being amended to change “No person may place …” to “No property owner may place …”. Councilmember Woodruff suggested changed “No person may place” to “No resident may place”. Without objection from the maker or seconded, the motion was amended to say change “No person may place …” to “No resident may place…” Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS A. Waterford Pond Planting Plan Engineer Landini explained that in 2010 the City did a maintenance project for Waterford Pond. The outlet structure was replaced, the inlets were rebuilt, the water level was lowered one foot, rip rap was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 7 of 18 added around the structure for erosion control protection, and the rip rap near one inlet structure that had washed into the Pond was collected and restacked. After completing the project residents living near the Pond contacted Staff to express their concern and dissatisfaction about the aesthetics of the project area. The water level has since been raised one foot (it’s now at the level it was at before the project) and it is flowing over the new outlet structure. Staff worked with Metro Blooms on a planting plan for around the Pond to provide more aesthetics, improve water quality, create a buffer area and provide screening of the outlet structure once the plants mature. Staff and representatives from Metro Blooms have met with the residents to discuss plan specifics and they seemed to be pleased with the proposed plan and are looking forward to having the area improved. Landini noted Metro Blooms estimates the cost for the project to be approximately $13,450 which includes a dense planting of 1,585 plants. Metro Blooms intends to do the project jointly with the Minnesota Conservation Corps. Mayor Lizée stated it looks like a good plan and she thought it would be a vast improvement for Waterford Pond. Councilmember Woodruff stated he likes the plant selection and it appears to be a good plan. He asked if there is any requirement to solicit bids from more than one company. Administrator Heck responded there is not. Councilmember Zerby stated he liked the plan and he commented that Metro Blooms does great work. He asked if the residents understand that it will take time for the plants to mature to the point where they provide screening and the desired aesthetics. Engineer Landini stated Staff is working with the Minnesota Conservation Corps about the annual maintenance of the rain gardens at Gideon Glen and the Waterford Pond site will likely be included in that annual maintenance effort to get the plants established. Administrator Heck noted the City received a request from Mr. Johnson, who owns the property to the east of the site, asking for several documents to be presented this evening. The documents were not presented because he did not think they were relative. In response to a question from Councilmember Hotvet, Engineer Landini explained he and representatives from Metro Blooms met with the residents on August 18, 2011, to discuss the plan and walk the site. Zerby moved, Woodruff seconded, directing Staff to contract with Metro Blooms to stabilize the area adjacent to Waterford Pond for an amount not to exceed $13,500. Motion passed 5/0. B. Otta Seal for Enchanted Point Road Engineer Landini explained that Enchanted Point Road, a gravel road located out on the islands, was selected in March 2011 to be stabilized and the dust reduced by using the Otta seal process. Staff solicited quotes from four firms and Allied Blacktop provided the only quote in an amount of $52,800. Staff then asked Midwest Asphalt to provide a quote to pave the Road with an experimental road base. Midwest Asphalt provided a quote of $50,560 to do that. Staff then worked with both firms to jointly do the project and they provided a quote of $36,881 to Otta seal the roadway. Midwest Asphalt will raise the sanitary manholes, provide the rock, do the base grading and preparatory work, and they will deliver the rock to Allied Blacktop for the Otta seal process. Director Brown complimented Midwest Asphalt for its efforts as a design partner with Staff on this project. The project had turned into a design/build project. He explained that Midwest Asphalt had CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 8 of 18 inquired about what was going on with the Otta seal project and they were informed that the bids the City had received were unfavorable. At that point Midwest Asphalt offered to work with Staff on the design process. Mayor Lizée stated it was an example of a great collaborative and team effort. Woodruff moved, Zerby seconded, directing Staff to use the team contractor concept for the Otta seal of Enchanted Point Road for an amount not to exceed $36,881. Motion passed 5/0. Engineer Landini noted that Flint Hills Resources will not make its Otta seal oil product until it receives an order for at least 40,000 gallons. Flint Hills Resources is the only supplier of the oil. 10. GENERAL/NEW BUSINESS A. Rental Housing Code Ordinance Amendment Pertaining to Private Well Drinking Water Testing Administrator Heck explained during its May work sessions Council discussed whether or not the City Code Chapter 1004 Rental Housing should be amended to require rental property owners who have private wells to provide proof that their well water met the same criteria the City’s municipal water must meet. The issue came about because some residents expressed concern about the quality of the water in a unit they were renting. Staff was directed to work with Attorney Keane to draft such an amendment. Heck then explained that the Building Official Pazandak found out that it would be fairly difficult and cost prohibitive for rental property owners to test for all of the contaminants the City’s municipal water is tested for. Very few testing labs will test for that number of contaminants. The Minnesota Department of Health (MDH) recommends testing for coliform bacteria, nitrates and arsenic. If the level of those contaminants exceeds the acceptable level for municipal water the MDH and the testing labs suggest requiring purification systems for water used for consumption and not a whole house system. Heck noted the proof of testing by a certified testing laboratory would be required for initial rental license applications, license renewals and change of property ownership if the property will continue to be a rental property. Jacque Ridgway, a rental property owner in the audience, stated she was concerned by the original letter she received about well water testing because of the number of contaminants that were going to be required to be tested. Now that the list of contaminants has been downsized her concerns have been alleviated. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 479, “An Ordinance Amending the Shorewood Rental Housing Code as it Pertains to Private Well Drinking Water Testing.” Motion passed 5/0. B. Ordinance Regarding Background Checks for Employment and Licenses Administrator Heck explained that South Lake Minnetonka Police Department (SLMPD) Chief Litsey has informed the SLMPD member cities that law enforcement agencies connected to the state and federal criminal justice databases are subject to a triennial quality assurance review/audit. The review is conducted by auditors with the Minnesota Bureau of Criminal Apprehension (BCA). Part of the audit process is making sure the member cities have the appropriate ordinances in place authorizing the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 9 of 18 SLMPD to conduct background checks on their behalf. The BCA auditors determined that the member cities either don’t have the proper ordinance or the ordinance lacks the proper wording to conduct background checks for employment purposes and peddler licenses. The BCA asked the SLMPD to suspend conducting those types of checks for member cities until things are brought into compliance. Litsey provided the member cities with a copy of a model ordinance prepared by the League of Minnesota Cities. He noted the City has used the SLMPD to conduct background checks in the past. Councilmember Hotvet stated she is in favor of having background checks conducted. She asked what the proper definition is for a solicitor and for a canvasser. Councilmember Woodruff stated the draft ordinance Section 105.06 Subd. 2 and Subd. 2.a.(1) list SLMPD and Excelsior Fire District personnel as requiring background checks for employment. He explained the City has no control over those personnel. He suggested removing those references from the ordinance. Woodruff moved, Siakel seconded, Approving ORDINANCE NO. 480, “An Ordinance Relating to Criminal History Background Checks for City Employment and City Licenses” subject to the removing the requirement for background checks for South Lake Minnetonka Police Department and Excelsior Fire District personnel from the ordinance. Councilmember Zerby read the definitions of canvasser and solicitor which are found in the City Code Section 308.02. The definition for a canvasser is “Any person canvassing for funds door-to-door in this city on behalf of a charitable, religious or nonprofit organization as defined in IRS Code § 501(c)(3).” The definition for a solicitor is “Any person who goes from place to place and/or house to house soliciting or taking or attempting to take orders for the purchase of any foods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future or orders for the performance of a service in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping.” Motion passed 5/0. C. Southshore Community Center Administrator Heck explained the City has been managing the Southshore Community Center (SSCC) since July 2009 on behalf of the SSCC partner cities of Deephaven, Excelsior, Greenwood and Tonka Bay. The City entered into an agreement to lease and operate the SSCC until the end of 2012. The City then contracted with Community Rec Resources to provide management services for that entire period. He stated to avoid the situation that occurred in 2009 when there was uncertainty as to the future of the SSCC Staff recommends Council direct Staff to work with the other partner cities on extending the agreement to lease and operate the SSCC. Staff also recommends working with Community Rec Resources to negotiate an extension of that agreement to provide management services. Councilmember Hotvet noted she was not on the Council when those agreements were entered into. She stated she would like to gain an understanding of the agreement the City entered into with the other partner cities. She asked if the other four partner cities are participatory and if they are pleased with how things have been working out. She then asked if the partnership between the City and the other four partner cities is a true partnership. She commended Community Rec Resources and those that volunteer at the SSCC for building the culture around the SSCC. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 10 of 18 Administrator Heck explained the agreement between the City and the other four partner cities turns responsibility for managing the SSCC over to the City. Council has the authority to set the rates for using the SSCC, establish the policies regarding use of the SSCC and so forth as well as the authority to hire the firm to provide management services if it chooses to contract those services out. The City receives all of the benefits if SSCC operations make a profit and it also assumes all liability if the SSCC operations have to be subsidized. The other four partner city City Administrators/Manager have indicated to him that they are happy to have the City manage the SSCC. The City received approximately $8,200 in total from the Cities of Deephaven ($3,000), Excelsior ($4,000) and Greenwood ($1,200) to put toward the purchase of a new digital sign for the SSCC. Whether or not the other cities will make contributions to the SSCC in the future is not known. Excelsior has indicated it may consider making contributions toward capital improvements in the future, but it will not make contributions toward SSCC operations. Deephaven has indicated it may consider making future contributions depending on the need. Councilmember Hotvet asked if a joint powers agreement (JPA) has ever been considered by the five partner cities. Administrator Heck stated he is not sure if a JPA would be welcomed by the cities unless there was agreement on a funding formula, and that was the issue the last time around. Councilmember Woodruff stated the City has a lease to use and operate the SSCC and the cost of the lease is $1 per year. The five partner cities funded the construction of the SSCC and they all own a prorated portion of it. There is an agreement that defines that ownership, but it does not define the operation of the SSCC. He asked Administrator Heck if he should assume that the other partner cities have not expressed any interest in taking over management of the SSCC. Heck responded that is a fair statement. Mayor Lizée stated the other four partner cities have indicated they recognize that Shorewood has the staff, capability and capacity to run the SSCC being the SSCC is located in the City, and they commend the City for stepping up to the plate and take over responsibility for managing the SSCC. She then stated it is important to her both personally and as a member of the community that the City continues its support of the SSCC. She asked Council to commit to continuing the management of the SSCC operations. She stated she thought it prudent to let the public know about such a commitment. Councilmember Zerby expressed he whole heartedly agrees with Mayor Lizée’s comments. He stated he views the SSCC operations as part of the City’s park system. He noted ball fields in the City-owned parks are used by people who are not residents of Shorewood. Residents throughout the broader community use the fields and the parks in general. He stated he was comfortable with the current agreement and he expressed gratitude for contributions the other partner cities have made toward the digital sign. He expressed his agreement for making the agreement a longer term agreement. Councilmember Siakel asked the other Councilmembers how long they would like to extend the agreement for. Mayor Lizée suggested an additional five years. Mayor Lizée asked Council if there is consensus for the City to commit to managing the SSCC for an additional five years after the current agreement expires. Administrator Heck asked Council to consider having the agreement automatically renew at the end of each five-year period unless specific action is taken not to renew it. There was Council consensus to have the agreement automatically renew at the end of each five-year period unless specific action is taken not to renew it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 11 of 18 Council directed Staff to work with the other four cities that share in the ownership of the Southshore Community Center (SSCC) to extend the agreement for the City to lease and operate the SSCC and include an automatic renewal clause in it, to negotiate an extension of the agreement with Community Rec Resources for providing management services to the SSCC, and to have these tasks completed by the end of the year for Council’s consideration. D. Request for Proposals – Community Survey Administrator Heck explained Council directed Staff to issue a request for proposals (RFPs) for conducting a community survey for the City. The City has received four RFPs and copies of the RFPs are included in the meeting packet. He stated Staff recommends the City contract with National Research Center (NRC) to conduct the survey. He explained that Staff’s recommendation is based on: NRC works almost exclusively with counties and cities; NRC is affiliated with the National Performance Institute; NRC did its homework on the City and based on the City’s demographics NRC is recommending conducting a mail survey with a web based option available; NRC will identify key drivers for the City; NRC will to train staff on how to conduct surveys; NRC will give the City all of the data; and, for an additional cost NRC is willing to conduct a “next steps” workshop to assist Council and staff in creating an action plan. Councilmember Woodruff stated he thought the RFP submitted by NRC is very complete, detailed and complex. NRC is proposing to send out 1200 surveys by mail but it is not guaranteeing any response and that concerns him. Springsted Incorporated proposed conducting and completing 339 phone surveys. He recommended the City ask for a guaranteed response if Council selects NRC to do the survey and he suggested it be at least 5 percent. Councilmember Hotvet stated she like some of the language in the RFP submitted by the University of Minnesota. She requested Council have the opportunity to review the questions proposed for a survey before the survey is conducted. She recommended some of the questions in the survey relate to the South Lake Minnetonka Police Department and the Excelsior Fire District. Administrator Heck stated he has spoken with the fire chief about this and he will also speak with the police chief. Hotvet stated her top choice is NRC. Woodruff moved, Hotvet seconded, authorizing Staff to contract with National Research Center to conduct a community survey subject to there being a proviso that guarantees a 5 percent confidence rate on the results. Councilmember Hotvet asked if the intent is to let the residents know that a survey will be conducted before it is started. Administrator Heck responded it is. Motion passed 5/0. E. Policy on Recognition of Services for Commissioners Administrator Heck stated the company the City has used to produce the walnut plaques given for recognition of services for council members and commissioners has gone out of business. The plaques cost about $90 and there is a one-time set-up fee of $70 - $150. Rather than finding another company to purchase the engraved plaques from Staff is proposing giving an outgoing commissioner a gift certificate or gift card along with a nicely framed certificate of recognition thanking the commissioner for their service. The meeting packet includes a copy of a draft resolution adopting a policy for recognition of park and planning commissioners. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 12 of 18 Councilmember Zerby expressed his preference for continuing to present wooden plaques for recognition of service. He stated he did a quick search on the internet and he found one source of solid wood plaques for a cost of around $27 with up to twelve lines. He then stated he finds it hard to believe that trophy plaques are hard to find. He challenged Staff to search for another vender that can supply wood plaques at a reasonable price. He stated there are people who do laser engraving in kiosks in malls. Councilmember Woodruff stated he supports having Staff do more research on this. There was Council consensus to leave the recognition program as is. F. Park Commissioner Appointment Mayor Lizée stated earlier this evening Council interviewed two applicants for opening on the Park Commission. Hotvet moved, Siakel seconded, Adopting RESOLUTION NO 11-044, “A Resolution Making the Appointment of Susan Gordon to the Park Commission Effective August 22, 2011, and Expiring February 28, 2013.” Motion passed 5/0. Mayor Lizée thanked the two applicants for applying and welcomed Ms. Gordon to the Park Commission. G. Adopt the Preliminary 2012 General Fund Operating Budget and Tax Levy Director DeJong stated during its work session preceding this meeting Council had its final wrap-up discussion about the preliminary 2012 General Fund Operating Budget. Council did not recommend any changes to the preliminary budget during the work session. The budget is set at $5,302,777 and it reflects an approximate $33,400 (or 0.6 percent) increase above the 2011 adopted budget. Offsetting revenues have been increased also. The net budget requires a property tax levy of $4,763,319 and that levy is the same as the 2011 levy. The amount of the 2012 levy can not be increased in the December 2011 Truth-in- Taxation hearing. The levy can be lowered before the final budget adoption. The expenditure amounts in the preliminary budget can be reduced. If Council adopts the preliminary budget this evening Staff will certify it with Hennepin County. The County will take the tax levy and combine it with other jurisdictions that have taxing authority over the City’s residents and put that combined amount into a Truth-in- Taxation property tax statement for each residential property in the City. Director DeJong asked Council to adopt the preliminary budget and property tax levy as presented. Councilmember Zerby noted Council has been discussing the budget for quite some time. He explained if you take the approximate $33,000 increase in the budget and divide it by the number of utility bills the City sends out the increase amount is about $12 on average per utility bill. He stated Council worked together well during budget process. He expressed his support for the preliminary budget. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 11-045, “A Resolution Adopting the Preliminary 2012 General Fund Operating Budget and Property Tax Levy.” Councilmember Woodruff clarified the City is not increasing its tax levy to the residents even though the operating expense budget is increasing. He noted an individual property owner’s tax statement may change because of the valuation of a property. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 13 of 18 Mayor Lizée thanked Director DeJong, staff and Council for their efforts during the budget process. H. Selection of the Truth-In-Taxation Hearing Date Director DeJong stated the meeting packet includes a resolution setting December 5, 2011, as the date for the Truth-in-Taxation hearing date with a follow-up hearing and budget adoption at the December 12, 2011, Council meeting. Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 11-046, “A Resolution Selecting the Truth-In-Taxation Public Hearing Date.” Councilmember Woodruff stated the Truth-in-Taxation hearing is an opportunity for residents to learn about the City’s budget. It’s not an opportunity to talk about property valuations. Councilmember Zerby suggested Staff prepare simple illustrations depicting where the tax dollars are being spent and the impact on the average household in the City. Director DeJong stated he will attempt to do that. He explained the State Legislature has complicated things by changing the market value homestead credit program. It will no longer be a credit paid for by the State. It is turning into a reduction in the property classification rate. Properties will get a reduced taxable value based on how the market value homestead credit would have potentially affected the properties. The new program is more confusing; it will not lead to increased clarity in how property taxes are calculated. It may well lead to an increase in property taxes for Shorewood property owners. Councilmember Zerby suggested Director DeJong explain what the City has control over. Motion passed 5/0. Mayor Lizée recessed the meeting at 8:55 P.M. Mayor Lizée reconvened the meeting at 8:59 P.M. I. Approve the Purchase of Property on Smithtown Road Director DeJong stated Council had directed Staff to pursue the purchase of the property located at 24620 Smithtown Road through the use of a broker. Council set the maximum amount that could be offered for the property at $131,000. The first purchase offer made was $118,000. The offer was not accepted so the broker offered the maximum amount. There was no response to that offer either. Staff was advised not to provide another offer so the matter was dropped with the expiration of the purchase agreement time limit for acceptance. Last week the City’s broker received a call from the listing agent stating the owners had decided to accept the $131,000 offer from the City. Staff took the original $131,000 purchase offer documents and changed the dates on it and it was re-presented to the property owners. A copy of the signed copy of the purchase agreement was placed at the dais before the meeting. DeJong then stated Staff recommends the City purchase the property for an amount of $131,000 plus the usual and customary closing fees. The broker will be compensated through the 2.7 percent participating agent portion of the real estate commission. The City has signed off on the property as is, so there will be no lead paint based addendum. There is no basis for rejecting the offer based on a property inspection. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 14 of 18 DeJong went on to state that he recommends the funds for the purchase come from the Community Investment Fund which has a balance of more than $1.8 million dollars. The City would be reimbursed by a redeveloper of the Smithtown Crossing area whenever that redevelopment occurs. He recommended the property will be titled in the name of the Shorewood Economic Development Authority (EDA) in the event that a future redevelopment of that property requires tax increment financing or some other sort of financial assistance to the developer as that would likely come through the EDA. He also noted that the Planning Commission strongly endorses the City’s acquisition of the property. Councilmember Woodruff stated the purchase agreement stipulates the City has to pay any 2011 property tax that has not been paid which is customary. He then stated it’s his understanding there are past due taxes. He asked how the City knows it will be able to get clear title to the property and that there won’t be some encumbrance. Attorney Keane responded the City is going to obtain title insurance and that it’s the seller’s obligation to pay all tax arrearages as a condition for recording the deed. Councilmember Siakel stated this is a great opportunity. Woodruff then stated the City and the Planning Commission have for the last few years been discussing the redevelopment of the area called Smithtown Crossing. There has also been discussion about what potential opportunities there may be to acquire property in that area that would allow for future development to be done in a coordinated manner. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 11-047, “A Resolution Authorizing the Purchase of Real Property at 24620 Smithtown Road for a cost of $131,000 plus the customary closing costs.” Councilmember Zerby stated some of the paper work references a shared well. He asked if that created a complication. Attorney Keane responded the City only requires disclosure and abandonment of wells on property the City is buying. Motion passed 5/0. Mayor Lizée thanked Staff for its efforts. She recommended the house on the property be offered to the Excelsior Fire District for a live burn training exercise. J. Supporting Moving Aquatic Invasive Species (AIS) Management from the Lake Minnetonka Conservation District to the Minnehaha Creek Watershed District Mayor Lizée stated she and Councilmember Siakel asked that the topic of moving aquatic invasive species (AIS) management from the Lake Minnetonka Conservation District (LMCD) to the Minnehaha Creek Watershed District (MCWD) be placed on this agenda. For years the battle against AIS has been going on and the discovery of zebra mussels in the Lake Minnetonka (the Lake) in 2011 have stepped up the efforts. She then stated the City also has residents who own property that fronts Christmas Lake. Attempts are being made to implement a collaborative pilot program to keep zebra mussels from infesting Christmas Lake. She indicated that from her perspective the management of AIS needs to be brought to a new level. Councilmember Siakel thanked Administrator Heck for helping to draft the resolution included in the meeting packet for this item. She explained that in July one of the LMCD’s three harvesting machines capsized. The machines are used to harvest Eurasian Watermilfoil (milfoil) in the Lake. The LMCD will be discussing if and when the harvester should be replaced. The LMCD has been involved in the three- CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 15 of 18 bay chemical treatment program for milfoil and curlyleaf pondweed and that program has been extended to five bays. The original three-bay program is a five year program with one year remaining in it. Siakel then explained the LMCD was created by State enabling legislation in 1967. Its responsibilities were to regulate the use of Lake and to come up with a comprehensive program to eliminate sewage from flowing into the Lake. The LMCD does a good job of fulfilling those responsibilities. Since it was initially created the LMCD responsibilities have evolved. For example, it has implemented dock regulations, established quiet water areas, and it processes special permits. In the late 1980s when milfoil was introduced into the Lake the LMCD took on the role of harvesting milfoil and that is when the LMCD purchased its harvesters. The goal of the harvesting program has been to clear the channels and keep them open. Siakel stated after the infestation of the Lake with zebra mussels and with more serious AIS species on the horizon this may be the appropriate time to identify what type of AIS management and prevention is needed. She suggested this could be the appropriate time for the City of Shorewood to take a leadership position on helping to move the discussion of management of AIS forward. She questioned if the LMCD has the financial resources, the technical expertise, and the scientific background needed to coordinate an effective comprehensive AIS management and prevention plan for the Lake going forward. She also questioned if the LMCD is the best entity to do that. She stated the MCWD has more technical expertise, scientific background and financial resources to reach out to a broader base than the LMCD and its fourteen member cities can support. She then stated AIS management and prevention is a regional and state issue not just a local issue. Siakel noted she has some changes she would like to suggest be made to the draft resolution. She recommends deleting paragraph which states “WHEREAS, theses over lapping and at times competing interests results in haphazard and poorly coordinated efforts that lead to inefficient use of available resources, and” and in paragraph one change “the City of Shorewood recognizes currently existing aquatic invasive species” to “the City of Shorewood recognizes aquatic invasive species”. Councilmember Zerby said if paragraph four is eliminated he asked if the harvesting of the channels will be at risk or would the MCWD take over doing that. Councilmember Siakel responded the MCWD taking over control of AIS management and prevention would happen gradually. Siakel stated harvesting has met the needs in the past but she is not sure it will continue to do so going forward. She then stated people have been pleased with the results of the chemical treatment program but she’s not sure that is sustainable. She noted the LMCD AIS Task Force has done a good job partnering and collaborating with other agencies, but the LMCD only has two full-time staff and one part-time administrator. The MCWD has more resources. She stated she thought the process of comprehensively addressing AIS management and prevention needs to be started. Councilmember Siakel read the resolution including the changes she proposed for the record. It is as follows. A RESOLUTION IN SUPPORT OF THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) TO MANAGE THE AQUATIC INVASIVE SPECIES (AIS) EFFORTS IN THE REGION WHEREAS, the City of Shorewood recognizes aquatic invasive species (AIS) in lakes pose real, tangible, and negative impacts; and WHEREAS, potential new AIS, yet to infest our lakes, pose substantial threats to water quality and ecosystems; and WHEREAS, existing AIS management and prevention efforts are inadequate due to the many CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 16 of 18 agencies at the state, regional, and local level; and WHEREAS, to be effective, AIS must be addressed and managed on a regional, if not statewide basis; and WHEREAS, the City of Shorewood recognizes the Minnehaha Creek Watershed District (MCWD) has the staffing capability, scientific expertise, and financial capacity to manage AIS on a regional basis. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood that it hereby recommends and supports empowering the MCWD to manage AIS in the region. BE IT FURTHER RESOLVED that the City Council of the City of Shorewood endorses and supports the MCWD take on the leadership in coordinating and implementing a comprehensive AIS program throughout the watershed as a model for metro or statewide implementation. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of August, 2011. Councilmember Woodruff commented that he had been the City’s representative to the LMCD for a couple of years and a member of the LMCD AIS Task Force. He stated during that time the LMCD was limited in its efforts to deal with AIS because of its limited funding. Also, the LMCD only has jurisdiction over the Lake. It doesn’t have any jurisdiction over the streams that feed the Lake or are fed from the Lake, or any other water bodies in the City of Shorewood. The LMCD doesn’t have the wherewithal to pull off a comprehensive AIS management and prevention plan. Woodruff stated that up until recently the MCWD had been a member of the AIS Task Force but it had not taken up any leadership role in managing AIS. The MCWD has decided that it’s something it can do and something it wants to do. He endorsed that happening. He stated from a parochial perspective it would spread the cost of that activity over the entire MCWD jurisdiction instead of making it the responsibilities of the fourteen cities that surround the Lake. He thought that would be the right thing to do because a significant number of people that use the Lake do not own property that fronts the Lake. Woodruff then stated he is generally supportive and noted there are lots of details that need to be worked out. He indicated he assumes the LMCD will continue to have some role in AIS management and prevention. He stated he is not sure if the LMCD will continue its harvesting program or stop it. But, he does think harvesting has to be continued until something replaces it. Harvesting provides a way for people to navigate the Lake in areas where milfoil growth can prevent that from happening. Councilmember Zerby stated he supports the MCWD having the responsibility for managing AIS in the region. He thanked Mayor Lizée and Councilmember Siakel for bringing this forward. He asked Councilmember Woodruff if the LMCD AIS Task Force oversaw the harvesting program. Woodruff responded yes and no. Woodruff explained the Task Force is a recommending body. The harvesting plan was always reviewed by the AIS Task Force and approved by the entire LMCD Board. Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 11-048, “A Resolution in Support of the Minnehaha Creek Watershed District to Manage the Aquatic Invasive Species Efforts in the Region” as read by Councilmember Siakel. Motion passed 5/0. Administrator Heck stated he would distribute a copy of the adopted resolution to the other thirteen cities in the LMCD. Mayor Lizée noted there is a MCWD Board of Managers meeting scheduled for August 25, 2011, at 6:45 P.M. and it will be held in the City of Minnetonka Council Chambers. Jeff Casale noted during that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 17 of 18 meeting there will be an extensive review of AIS activities and AIS management directions. Lizée noted the meeting will be posted. 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated he met with Department of Natural Resources (DNR) representatives on th August 15 regarding the Christmas Lake situations. The DNR is going to verify where the funding came from for the development of the landing at Christmas Lake to make sure there were no restrictions on the use of those funds. The DNR is going to provide an opinion on revising the agreement. The DNR is not sure if the Minnehaha Creek Watershed District can be included in an amendment to the agreement because it was not part of the original agreement. Director Brown stated with regard to the Murray Hill Road storm sewer improvement project asphalt has been put down and the road is open to local traffic. With regard to the 2011 mill and overlay project the asphalt has been put down on Rustic Way, Ivy Lane, and Christopher Road. Smithtown Way is under construction. The 2011 sealcoating efforts have been completed and that involves sealcoating one-fifth of the City’s roadways. Crews should sweep up the roadways in the next week or two. The Public Works Department took possession of one vehicle lift. The lift addresses a number of safety issues and concerns. Director Nielsen stated the contractors are ready to begin installing a new City Hall sign. Because of the location of utilities, the sign will be installed on the north end of the berm. He then stated he distributed the findings from the hearing officer on the Ron Johnson appeal, noting the appeal did not go in the City’s th favor. The Planning Commission is going to discuss an ordinance amendment during its September 20 meeting and the amendment will address the issue that came up in that instance. 1. Monthly Budget Report Director DeJong stated the meeting packet contains a copy of the July 2011 Monthly Budget Report. The budget is on target. B. Mayor and City Council Councilmember Zerby stated he attended an Excelsior Fire District (EFD) joint council budget work th session and EFD Board meeting on August 10. The EFD recommended the 2012 EFD Operating Budget and 2012 – 2032 Capital Improvement Program for approval. He attended a Lake Minnetonka th Communications Commission (LMCC) full commission meeting on August 16. During the LMCC tm meeting the 2012 budget was approved. The budget did not include any funding for the tonkaconnect initiative. Funding was approved for studio lighting. The tonkaconnect initiative was suspended for the time being and a new committee will be created to explore communication issues and challenges. Mayor Lizée reiterated there is a Minnehaha Creek Watershed District Board of Managers meeting scheduled for August 25, 2011, at 6:45 P.M. and it will be held in the City of Minnetonka Council th Chambers. She stated on September 8 the South Tonka League of Women Voters is sponsoring a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 22, 2011 Page 18 of 18 mayors’ forum and it will be held at the Southshore Community Center. Apple Day will be held on th September 10 in the City of Excelsior. 13. ADJOURN Zerby moved, Woodruff seconded, Adjourning the City Council Regular Meeting of August 22, 2011, at 9:33 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizée, Mayor Brian Heck, City Administrator/Clerk COUNCIL ACTION FORM Department Council Meeting Item Number Finance September 12, 2011 3A Item Description: Verified Claims From: Michelle Nguyen Bruce DeJong Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 52067 through 52129 totaling $974,755.80. Staff Recommendation Staff recommends approval of the claims list. 9/08/2011 11:12 AM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 8/23/2011 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 00051 EFTPS - FEDERAL W/H D 8/30/2011 000000 11,695.54 00092 MN DEPT OF REVENUE D 8/30/2011 000000 2,127.52 20005 WELLS FARGO HEALTH BENEFIT SVC D 8/30/2011 000000 1,092.39 00053 ICMA RETIREMENT TRUST-302131-4 R 8/30/2011 052066 1,561.00 00052 PERA R 8/30/2011 052067 7,137.05 06654 HENN CTY HUMAN SVC DEPT PUBLIC R 9/01/2011 052069 49.00 23500 SO LK MTKA POLICE DEPT R 9/02/2011 052070 165,284.00 01380 ALLIED BLACKTOP CO R 9/12/2011 052071 146,043.25 29306 ALLIED WASTE SERVICES #894 R 9/12/2011 052072 13,840.20 16275 AMERICAN MESSAGING R 9/12/2011 052073 6.38 1 APPLIANCE CONNECTIONS INC R 9/12/2011 052074 38.25 29223 AUTO ELECTRIC SPECIALISTS, INC R 9/12/2011 052075 171.64 29338 BLANCHARD CATERING, INC. R 9/12/2011 052076 358.89 04081 CARQUEST AUTO PARTS R 9/12/2011 052077 234.47 29406 CARTÊGRAPH SYSTEMS, INC. R 9/12/2011 052079 549.00 03873 CDW GOVERNMENT, INC R 9/12/2011 052080 202.39 17300 CENTERPOINT ENERGY R 9/12/2011 052081 218.35 26100 CENTURY LINK R 9/12/2011 052082 323.94 04950 CHECKPOINT SECURITY SYSTEMS, I R 9/12/2011 052083 373.75 29278 CLASSIC CLEANING COMPANY R 9/12/2011 052084 847.47 1 DAVE HERZIG R 9/12/2011 052085 100.00 1 DVD MEMORIES LLC R 9/12/2011 052086 622.49 9/08/2011 11:12 AM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 8/23/2011 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 02000 EARL F. ANDERSEN, INC. R 9/12/2011 052087 127.31 12125 FEDEX KINKO'S R 9/12/2011 052088 19.31 08712 G & K SERVICES R 9/12/2011 052089 1,296.93 1 INTEGRAE, LLC R 9/12/2011 052090 650.00 1 INTERWEST SAFETY SUPPLY, INC R 9/12/2011 052091 308.16 11375 J & R RADIATOR CORP. R 9/12/2011 052092 187.04 13300 LEAGUE OF MINNESOTA CITIES R 9/12/2011 052093 6,199.00 29259 MALKERSON GUNN MARTIN LLP R 9/12/2011 052094 8,861.50 15176 MENARDS R 9/12/2011 052096 123.99 23727 MIDWEST TRENCHLESS TECHNOLOGIE R 9/12/2011 052097 3,233.73 19750 NORTHERN TOOL & EQUIPMENT COUN R 9/12/2011 052098 29.99 15900 OFFICE DEPOT R 9/12/2011 052099 227.38 29332 ON SITE SANITATION INC R 9/12/2011 052100 731.06 15000 PAETEC R 9/12/2011 052101 527.31 20280 PARROTT CONTRACTING, INC. R 9/12/2011 052102 19,607.00 20283 PARTS ASSOCIATES, INC. R 9/12/2011 052103 117.91 29313 PHILIPS HEALTHCARE R 9/12/2011 052104 1,379.23 21400 PURCHASE POWER R 9/12/2011 052105 1,219.99 21450 QUALITY FLOW SYSTEMS, INC R 9/12/2011 052106 110.78 29405 RAM/SWANA R 9/12/2011 052107 340.00 22476 SAFETY SIGNS R 9/12/2011 052108 208.60 22482 SAM'S CLUB R 9/12/2011 052109 286.04 9/08/2011 11:12 AM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 8/23/2011 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 22981 SIGN SOURCE, INC. R 9/12/2011 052110 23,903.19 23500 SO LK MTKA POLICE DEPT R 9/12/2011 052111 737.33 23527 SOUTH TONKA LITTLE LEAGUE R 9/12/2011 052112 70.00 22585 SOUTHSHORE SENIOR PARTNERS R 9/12/2011 052113 54.00 23250 STANLEY SECURITY SOLUTIONS, IN R 9/12/2011 052114 93.55 29101 SUN NEWSPAPERS R 9/12/2011 052115 506.22 17200 SUN PATRIOT NEWSPAPERS R 9/12/2011 052116 433.66 1 SWANK MOTION PICTURES, INC R 9/12/2011 052117 344.35 23738 T-MOBILE R 9/12/2011 052118 102.35 1 THOMAS & SHEILA HAYES R 9/12/2011 052119 11,835.00 24100 TIMBERWALL LANDSCAPING INC R 9/12/2011 052120 801.61 24550 TONKA BABE RUTH LEAGUE-FALL BA R 9/12/2011 052121 140.00 25000 TOTAL PRINTING SERVICES R 9/12/2011 052122 1,107.32 25452 TWIN CITY WATER CLINIC R 9/12/2011 052123 195.00 70200 VERIZON WIRELESS R 9/12/2011 052124 275.02 26600 VICTORIA REPAIR AND MFG R 9/12/2011 052125 68.40 83900 WASTE MANAGEMENT OF WI-MN R 9/12/2011 052126 539.52 28350 WOODRUFF, RICHARD R 9/12/2011 052127 35.20 19800 XCEL ENERGY R 9/12/2011 052128 14,328.44 03325 BOYER FORD TRUCK, INC. E 9/12/2011 999999 237.82 05305 COMMUNITY REC RESOURCES E 9/12/2011 999999 3,520.00 06572 DELTA DENTAL OF MINNESOTA D 9/01/2011 999999 681.23 9/08/2011 11:12 AM A/P HISTORY CHECK REPORT PAGE: 5 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 8/23/2011 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 07900 HAWKINS, INC. E 9/12/2011 999999 55.00 09400 GOPHER STATE ONE CALL E 9/12/2011 999999 310.60 10473 HENN CTY TAXPAYER SVCS PUBLIC E 9/12/2011 999999 40.00 13070 LANDINI, JAMES E 9/12/2011 999999 282.99 15885 MIDWEST MAILING SYSTEMS, INC. E 9/12/2011 999999 373.97 18500 WM. MUELLER & SONS, INC. E 9/12/2011 999999 303,621.81 19435 SPRINT E 9/12/2011 999999 130.50 19445 NGUYEN, MICHELLE E 9/12/2011 999999 97.68 19500 NIELSEN, BRADLEY E 9/12/2011 999999 69.00 20950 KENNETH N. POTTS, P.A. E 9/12/2011 999999 2,291.66 23725 SPEEDWAY SUPERAMERICA LLC E 9/12/2011 999999 4,109.55 28451 WSB AND ASSOCIATES, INC. E 9/12/2011 999999 14,269.50 29100 ZIEGLER, INC. E 9/12/2011 999999 135,160.00 29324 HANSEN THORP PELLINEN OLSON, I E 9/12/2011 999999 2,062.50 29363 DeJONG, BRUCE E 9/12/2011 999999 335.47 * * T O T A L S * * NO CHECK AMOUNT DISCOUNTS TOTAL APPLIED REGULAR CHECKS: 60 439,323.94 0.00 439,323.94 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 4 15,596.68 0.00 15,596.68 EFT: 17 466,968.05 0.00 466,968.05 NON CHECKS: 0 0.00 0.00 0.00 VOID CHECKS: 0 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 0.00 TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 81 921,888.67 0.00 921,888.67 BANK: 1 TOTALS: 81 921,888.67 0.00 921,888.67 REPORT TOTALS: 85 921,888.67 0.00 921,888.67 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ ALLIED BLACKTOP CO 9/12/11 2011 STREET SEAL COAT Street Capital Imp Street Capt Improvemen 146,043.25_ TOTAL: 146,043.25 ALLIED WASTE SERVICES #894 9/12/11 RECYCLING Recycling Utility Recycling 13,840.20_ TOTAL: 13,840.20 AMERICAN MESSAGING 9/12/11 612-534-3975 & 612-818-591 General Fund Public Works 3.19 9/12/11 612-534-3975 & 612-818-591 Water Utility Water 1.60 9/12/11 612-534-3975 & 612-818-591 Sanitary Sewer Uti Sewer 1.59_ TOTAL: 6.38 AUTO ELECTRIC SPECIALISTS, INC. 9/12/11 ROTOR POWER-UTILITY TRUCK General Fund Public Works 171.64_ TOTAL: 171.64 BLANCHARD CATERING, INC. 9/12/11 MEAL FOR CARGILL 08/22 Southshore Communi Senior Community Cente 358.89_ TOTAL: 358.89 BOYER FORD TRUCK, INC. 9/12/11 HYDRAULIC HOSE General Fund Public Works 237.82_ TOTAL: 237.82 CARQUEST AUTO PARTS 9/12/11 UNIVERSAL CEME General Fund Public Works 10.18 9/12/11 POWER STEELING PUMP General Fund Public Works 176.95 9/12/11 IDLER PULLEY General Fund Public Works 18.20 9/12/11 OIL FILTERS-LUBES General Fund Public Works 118.75 9/12/11 CORE RETURN General Fund Public Works 114.78- 9/12/11 RADIATOR HOSE General Fund Public Works 51.40 9/12/11 BATTERY RETURN General Fund Public Works 26.23- TOTAL: 234.47 CARTÊGRAPH SYSTEMS, INC. 9/12/11 CARTEGRAPH CONNECT 2011 General Fund City Engineer 549.00_ TOTAL: 549.00 CDW GOVERNMENT, INC 9/12/11 AVL ACROBAT 10 WIN L1-BRUC General Fund General Government 202.39_ TOTAL: 202.39 CENTERPOINT ENERGY 9/12/11 5755 CTRY CLUB RD General Fund Municipal Buildings 19.81 9/12/11 24200 SMITHTOWN RD General Fund Public Works 76.99 9/12/11 5745 CTRY CLB RD & 2520 HW General Fund Parks & Recreation 28.69 9/12/11 20630 MANOR RD-WARMING HOU General Fund Parks & Recreation 15.55 9/12/11 5735 COUNTRY CLUB RD Southshore Communi Senior Community Cente 43.74 9/12/11 20405 KNIGHTSBRIDGE RD Water Utility Water 20.75 9/12/11 28125 BOULDER BRIDGE DR Water Utility Water 12.82_ TOTAL: 218.35 CENTURY LINK 9/12/11 952-470-6340 General Fund Municipal Buildings 120.75 9/12/11 952-470-2294 General Fund Public Works 57.03 9/12/11 952-470-9605 Water Utility Water 73.08 9/12/11 952-470-9606 Water Utility Water 73.08_ TOTAL: 323.94 CHECKPOINT SECURITY SYSTEMS, INC. 9/12/11 ANNUAL FIRE TEST @ PUBLIC General Fund Public Works 133.75 9/12/11 ANNUAL FIRE MONITORING-P.W General Fund Public Works 240.00_ TOTAL: 373.75 CLASSIC CLEANING COMPANY 9/12/11 C.H. SVC General Fund Municipal Buildings 531.01 9/12/11 P.W. SVC General Fund Public Works 316.46 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 2 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ _______________ TOTAL: 847.47 COMMUNITY REC RESOURCES 9/12/11 PARK COORDINATOR SERVICES General Fund Parks & Recreation 3,240.00 9/12/11 SSCC ASSISTANT Southshore Communi Senior Community Cente 280.00_ TOTAL: 3,520.00 DELTA DENTAL OF MINNESOTA 9/01/11 MONTHLY DENTIST PREMIUM General Fund Unallocated Expenses 681.23_ TOTAL: 681.23 DeJONG, BRUCE 9/12/11 MN GFOA CONF REG General Fund Finance 250.00 9/12/11 MILEAGE-METRO MTG & PACKET General Fund Finance 85.47_ TOTAL: 335.47 EARL F. ANDERSEN, INC. 9/12/11 STEEL SIGNS General Fund Traffic Control/Str Li 127.31_ TOTAL: 127.31 EFTPS - FEDERAL W/H 8/30/11 FEDERAL W/H General Fund NON-DEPARTMENTAL 4,949.31 8/30/11 FICA W/H General Fund NON-DEPARTMENTAL 2,130.39 8/30/11 MEDICARE W/H General Fund NON-DEPARTMENTAL 735.48 8/30/11 FICA W/H General Fund Administration 279.32 8/30/11 MEDICARE W/H General Fund Administration 65.32 8/30/11 FICA W/H General Fund General Government 436.17 8/30/11 MEDICARE W/H General Fund General Government 102.00 8/30/11 FICA W/H General Fund Finance 297.03 8/30/11 MEDICARE W/H General Fund Finance 69.46 8/30/11 FICA W/H General Fund Planning 283.98 8/30/11 MEDICARE W/H General Fund Planning 66.41 8/30/11 FICA W/H General Fund Protective Inspections 204.19 8/30/11 MEDICARE W/H General Fund Protective Inspections 47.76 8/30/11 FICA W/H General Fund City Engineer 157.32 8/30/11 MEDICARE W/H General Fund City Engineer 36.80 8/30/11 FICA W/H General Fund Public Works 340.31 8/30/11 MEDICARE W/H General Fund Public Works 79.59 8/30/11 FICA W/H General Fund Streets & Roadways 293.22 8/30/11 MEDICARE W/H General Fund Streets & Roadways 68.58 8/30/11 FICA W/H General Fund Tree Maintenance 58.55 8/30/11 MEDICARE W/H General Fund Tree Maintenance 13.69 8/30/11 FICA W/H General Fund Parks & Recreation 290.08 8/30/11 MEDICARE W/H General Fund Parks & Recreation 67.83 8/30/11 FICA W/H Southshore Communi Senior Community Cente 52.78 8/30/11 MEDICARE W/H Southshore Communi Senior Community Cente 12.35 8/30/11 FICA W/H Water Utility Water 168.52 8/30/11 MEDICARE W/H Water Utility Water 39.40 8/30/11 FICA W/H Sanitary Sewer Uti Sewer 215.01 8/30/11 MEDICARE W/H Sanitary Sewer Uti Sewer 50.27 8/30/11 FICA W/H Recycling Utility Recycling 10.95 8/30/11 MEDICARE W/H Recycling Utility Recycling 2.56 8/30/11 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 57.45 8/30/11 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 13.46_ TOTAL: 11,695.54 FEDEX KINKO'S 9/12/11 5710 CHRISTOPHER RD-PLANS General Fund Protective Inspections 19.31_ TOTAL: 19.31 G & K SERVICES 9/12/11 CH SVC General Fund Municipal Buildings 140.38 9/12/11 PW SVC General Fund Public Works 1,096.39 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 3 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ 9/12/11 SSCC SVC Southshore Communi Senior Community Cente 60.16_ TOTAL: 1,296.93 GOPHER STATE ONE CALL 9/12/11 AUG RENTAL Water Utility Water 155.30 9/12/11 AUG RENTAL Sanitary Sewer Uti Sewer 155.30_ TOTAL: 310.60 HANSEN THORP PELLINEN OLSON, INC. 9/12/11 AUG-SMITHTOWN WAY SW RECON Stormwater Managem STORMWATER MANAGEMENT 2,062.50_ TOTAL: 2,062.50 HAWKINS, INC. 9/12/11 CHLORINE Water Utility Water 55.00_ TOTAL: 55.00 HENN CTY HUMAN SVC DEPT PUBLIC HEALTH 9/01/11 MOVIE IN THE PARK-FOOD LIC General Fund Parks & Recreation 49.00_ TOTAL: 49.00 HENN CTY TAXPAYER SVCS PUBLIC RECORDS 9/12/11 EGKF64 -MONTHLY FEE General Fund City Engineer 40.00_ TOTAL: 40.00 ICMA RETIREMENT TRUST-302131-457 8/30/11 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 1,435.96 8/30/11 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 125.04_ TOTAL: 1,561.00 J & R RADIATOR CORP. 9/12/11 #65 COOLING SYSTEM REPAIR General Fund Public Works 187.04_ TOTAL: 187.04 KENNETH N. POTTS, P.A. 9/12/11 MONTHLY PROSECUTION SVC General Fund Professional Svcs 2,291.66_ TOTAL: 2,291.66 LANDINI, JAMES 9/12/11 MILEAGE General Fund City Engineer 48.47 9/12/11 PARKING General Fund City Engineer 1.50 9/12/11 DESIGN OF SWPPP RECERTIFIC General Fund City Engineer 155.00 9/12/11 TRAFFIC COUNTER SUPPLIES General Fund City Engineer 38.02 9/12/11 SEPT-WELLNESS EXP General Fund City Engineer 40.00_ TOTAL: 282.99 LEAGUE OF MINNESOTA CITIES 9/12/11 2011-2011 MEMBERSHIP DUE General Fund Council 6,179.00 9/12/11 2011-2011 MAYOR DUE-C. LIZ General Fund Council 20.00_ TOTAL: 6,199.00 MALKERSON GUNN MARTIN LLP 9/12/11 JUN-GENERAL MATTERS General Fund Professional Svcs 1,850.00 9/12/11 JUN-ADM CODE ENFORCEMENT General Fund Professional Svcs 925.00 9/12/11 JUL-GENERAL MATTERS General Fund Professional Svcs 1,850.00 9/12/11 JUL-ADM CODE ENFORCEMENT General Fund Professional Svcs 1,036.00 9/12/11 JUN-ACQUISITION-24620 SMTW Community Infrastr Community Infrastructu 703.00 9/12/11 JUL-ACQUISITION-24620 SMTW Community Infrastr Community Infrastructu 1,628.00 9/12/11 ACQUISITION-5750 COVINGTON Stormwater Managem STORMWATER MANAGEMENT 388.50 9/12/11 JUL-ACQUISITION-5750 COVIN Stormwater Managem STORMWATER MANAGEMENT 481.00_ TOTAL: 8,861.50 MENARDS 9/12/11 PLUMBING PARTS General Fund Public Works 123.99_ TOTAL: 123.99 MIDWEST MAILING SYSTEMS, INC. 9/12/11 SEPT NEWSLETTER SVC General Fund General Government 373.97_ TOTAL: 373.97 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ MIDWEST TRENCHLESS TECHNOLOGIES INC 9/12/11 MUNICIPAL TELEVISING Stormwater Managem STORMWATER MANAGEMENT 3,233.73_ TOTAL: 3,233.73 MISC. VENDOR APPLIANCE CONNECTIONS 9/12/11 20065 MANOR PARK-DEEPHAVEN General Fund NON-DEPARTMENTAL 37.50 APPLIANCE CONNECTIONS 9/12/11 20065 MANOR PARK-DEEPHAVEN General Fund NON-DEPARTMENTAL 0.75 DAVE HERZIG 9/12/11 KITE MATERIALS @ FREEMAN P General Fund Parks & Recreation 100.00 DVD MEMORIES LLC 9/12/11 2ND HALF-MOVIE ON 09/16/11 General Fund Parks & Recreation 622.49 INTEGRAE, LLC 9/12/11 INTEGRAE, LLC:INV# SHOREWO Stormwater Managem STORMWATER MANAGEMENT 650.00 INTERWEST SAFETY SUPPL 9/12/11 CHIP SEAL MARKER-SINGLE CA General Fund City Engineer 308.16 SWANK MOTION PICTURES, 9/12/11 TANGLED MOVIE @ PARK-9/16/ General Fund Parks & Recreation 344.35 THOMAS & SHEILA HAYES 9/12/11 THOMAS & SHEILA HAYES:ESCR Escrow Deposit Age NON-DEPARTMENTAL 11,835.00_ TOTAL: 13,898.25 MN DEPT OF REVENUE 8/30/11 STATE W/H General Fund NON-DEPARTMENTAL 2,127.52_ TOTAL: 2,127.52 NGUYEN, MICHELLE 9/12/11 AUG-MILEAGE General Fund Finance 97.68_ TOTAL: 97.68 NIELSEN, BRADLEY 9/12/11 CLEAN WATER SUMMIT General Fund Planning 60.00 9/12/11 PARKING-EASTMAN ZON VIOLAT General Fund Planning 9.00_ TOTAL: 69.00 NORTHERN TOOL & EQUIPMENT COUNT 9/12/11 SMALL TOOLS General Fund Public Works 29.99_ TOTAL: 29.99 OFFICE DEPOT 9/12/11 OFFICE SUPPLIES General Fund General Government 4.05 9/12/11 GEN SUPPLIES General Fund General Government 73.81 9/12/11 TONER FOR FINANCE PRINTER General Fund Finance 149.52_ TOTAL: 227.38 ON SITE SANITATION INC 9/12/11 BADGER PARK General Fund Parks & Recreation 45.96 9/12/11 CATHCART PARK General Fund Parks & Recreation 45.96 9/12/11 FREEMAN PARK General Fund Parks & Recreation 266.13 9/12/11 SILVERWOOD PARK General Fund Parks & Recreation 45.96 9/12/11 SOUTH SHORE SKATE General Fund Parks & Recreation 45.96 9/12/11 CHRISTMAS LAKE BOAT ACCESS General Fund Parks & Recreation 235.13 9/12/11 BIRCH BLUFF ROAD General Fund Parks & Recreation 45.96_ TOTAL: 731.06 PAETEC 9/12/11 952-474-6543 & 952-474-655 General Fund Municipal Buildings 135.86 9/12/11 952-474-7603 - 24200 SMTWN General Fund Public Works 46.90 9/12/11 952-401-1616 & 1620 & 1630 General Fund Parks & Recreation 145.60 9/12/11 952-401-0461 & 952-470-960 Water Utility Water 98.70 9/12/11 952-470-9197 & 952-474-175 Water Utility Water 100.25_ TOTAL: 527.31 PARROTT CONTRACTING, INC. 9/12/11 P.V.#1-PROJ NO. 11-12 Stormwater Managem STORMWATER MANAGEMENT 19,607.00_ TOTAL: 19,607.00 PARTS ASSOCIATES, INC. 9/12/11 CLAMPS General Fund Public Works 117.91_ TOTAL: 117.91 PERA 8/30/11 P/R DEDUCTS-PERA General Fund NON-DEPARTMENTAL 3,304.19 8/30/11 P/R DEDUCTS-PERA General Fund Administration 336.74 8/30/11 P/R DEDUCTS-PERA General Fund General Government 511.09 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 5 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ 8/30/11 P/R DEDUCTS-PERA General Fund Finance 358.06 8/30/11 P/R DEDUCTS-PERA General Fund Planning 364.91 8/30/11 P/R DEDUCTS-PERA General Fund Protective Inspections 266.26 8/30/11 P/R DEDUCTS-PERA General Fund City Engineer 184.56 8/30/11 P/R DEDUCTS-PERA General Fund Public Works 415.39 8/30/11 P/R DEDUCTS-PERA General Fund Streets & Roadways 349.97 8/30/11 P/R DEDUCTS-PERA General Fund Tree Maintenance 69.16 8/30/11 P/R DEDUCTS-PERA General Fund Parks & Recreation 370.61 8/30/11 P/R DEDUCTS-PERA Southshore Communi Senior Community Cente 61.71 8/30/11 P/R DEDUCTS-PERA Water Utility Water 206.34 8/30/11 P/R DEDUCTS-PERA Sanitary Sewer Uti Sewer 258.03 8/30/11 P/R DEDUCTS-PERA Recycling Utility Recycling 12.81 8/30/11 P/R DEDUCTS-PERA Stormwater Managem STORMWATER MANAGEMENT 67.22_ TOTAL: 7,137.05 PHILIPS HEALTHCARE 9/12/11 DEFIBRILLATOR-SLMPD ORDER General Fund Council 1,379.23_ TOTAL: 1,379.23 PURCHASE POWER 9/12/11 POSTAGE REFILL 07/21 General Fund General Government 1,219.99_ TOTAL: 1,219.99 QUALITY FLOW SYSTEMS, INC 9/12/11 REPAIR PARTS L.S. 20 Sanitary Sewer Uti Sewer 110.78_ TOTAL: 110.78 RAM/SWANA 9/12/11 2011 JULIE MOORE MEMBERSHI General Fund Administration 150.00 9/12/11 OCT 12-13/11 CONF-JULIE MO General Fund General Government 190.00_ TOTAL: 340.00 SAFETY SIGNS 9/12/11 EMERG-RD CLOSED@ EUREKA RD General Fund Public Works 208.60_ TOTAL: 208.60 SAM'S CLUB 9/12/11 CITY HALL General Fund Municipal Buildings 118.56 9/12/11 PUBLIC WORK General Fund Public Works 167.48_ TOTAL: 286.04 SIGN SOURCE, INC. 9/12/11 MAIN MONUMENT SIGN Public Facility Fu Public Facility/Off Eq 6,395.83 9/12/11 LED MONUMENT SIGN-SSCC Southshore Communi Senior Community Cente 17,507.36_ TOTAL: 23,903.19 SO LK MTKA POLICE DEPT 9/02/11 AUG-2011-OBE General Fund Police Protection 82,642.00 9/02/11 SEPT-2011-OBE General Fund Police Protection 82,642.00 9/12/11 HENN CTY PROCESSING FEE General Fund Police Protection 242.53 9/12/11 HENN CTY PROCESSING FEE General Fund Police Protection 494.80_ TOTAL: 166,021.33 SOUTH TONKA LITTLE LEAGUE 9/12/11 FALL USER OVERPD REFUND General Fund NON-DEPARTMENTAL 70.00_ TOTAL: 70.00 SOUTHSHORE SENIOR PARTNERS 9/12/11 CARGILL LUNCH WITH MARY WO Southshore Communi Senior Community Cente 54.00_ TOTAL: 54.00 SPEEDWAY SUPERAMERICA LLC 9/12/11 GAS - SVC 07/25-08/19 General Fund Public Works 4,109.55_ TOTAL: 4,109.55 SPRINT 9/12/11 SVC 07/13-08/12 Water Utility Water 65.25 9/12/11 SVC 07/13-08/12 Sanitary Sewer Uti Sewer 65.25 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 6 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ _______________ TOTAL: 130.50 STANLEY SECURITY SOLUTIONS, INC. 9/12/11 KEYS General Fund Public Works 93.55_ TOTAL: 93.55 SUN NEWSPAPERS 9/12/11 ORD NO. 478 General Fund General Government 117.26 9/12/11 ORD NO. 479 General Fund General Government 60.06 9/12/11 ORD NO. 480 General Fund General Government 225.94 9/12/11 TRAIL PLAN General Fund Planning 34.32 9/12/11 ACCESSORY STRUCTURES General Fund Planning 34.32 9/12/11 VARIANCES General Fund Planning 34.32_ TOTAL: 506.22 SUN PATRIOT NEWSPAPERS 9/12/11 ORD NO. 478 -- 09/03 General Fund General Government 99.23 9/12/11 ORD NO. 479 -- 09/03 General Fund General Government 55.13 9/12/11 ORD NO. 480 -- 09/03 General Fund General Government 191.10 9/12/11 COMP PLAN-TRAIL 09/03 General Fund Planning 29.40 9/12/11 ACCESSMENT HRG 09/03 General Fund Planning 29.40 9/12/11 VARIANCE ORDER HRG 09/03 General Fund Planning 29.40_ TOTAL: 433.66 T-MOBILE 9/12/11 BRIAN HECK-CELL General Fund Administration 102.35_ TOTAL: 102.35 TIMBERWALL LANDSCAPING INC 9/12/11 TIMBER FREEMAN SOUTH-PARK Park Capital Impro Park Capital Improveme 801.61_ TOTAL: 801.61 TONKA BABE RUTH LEAGUE-FALL BALL 9/12/11 FALL USER OVERPAID REFUND General Fund NON-DEPARTMENTAL 140.00_ TOTAL: 140.00 TOTAL PRINTING SERVICES 9/12/11 SEPT NEWSLETTER SVC General Fund General Government 1,107.32_ TOTAL: 1,107.32 TWIN CITY WATER CLINIC 9/12/11 COLIFORM @ SMITHTOWN WAY C Water Utility Water 195.00_ TOTAL: 195.00 VERIZON WIRELESS 9/12/11 BRAD CELL SVC 7/13-8/12 General Fund Planning 60.82 9/12/11 L.S. PHONE SERVICES Sanitary Sewer Uti Sewer 214.20_ TOTAL: 275.02 VICTORIA REPAIR AND MFG 9/12/11 METAL SUPPLIES General Fund Public Works 68.40_ TOTAL: 68.40 WASTE MANAGEMENT OF WI-MN 9/12/11 24200 SMITHTOWN RD WASTE S General Fund Public Works 376.02 9/12/11 5735 COUNTRY CLUB RD WASTE Southshore Communi Senior Community Cente 163.50_ TOTAL: 539.52 WELLS FARGO HEALTH BENEFIT SVCS 8/30/11 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 803.94 8/30/11 P/R DEDUCTS-HSA General Fund General Government 288.45_ TOTAL: 1,092.39 WM. MUELLER & SONS, INC. 9/12/11 BLACKTOPS General Fund Streets & Roadways 14,072.40 9/12/11 P.V.#5-PRO NO. 11-01 & 02 General Fund Streets & Roadways 50,079.02 9/12/11 PROJECT NO. 11-05 Stormwater Managem STORMWATER MANAGEMENT 58,424.33 9/12/11 PROJ NO 10-11--ST CIP Stormwater Managem STORMWATER MANAGEMENT 181,046.06_ TOTAL: 303,621.81 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 7 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ WOODRUFF, RICHARD 9/12/11 METRO CITIES & TAX MTG 8/3 General Fund Council 35.20_ TOTAL: 35.20 WSB AND ASSOCIATES, INC. 9/12/11 JUL-BRIDGE SAFETY INSPECTI General Fund City Engineer 1,050.00 9/12/11 GIS & CAD SUPPORT General Fund City Engineer 1,308.00 9/12/11 SIGN ASSET MGMT WORK PLAN General Fund Traffic Control/Str Li 508.00 9/12/11 JUL-2011 MILL & OVERLAY Street Capital Imp Street Capt Improvemen 192.00 9/12/11 24600 WELTSEY SW SVC Sanitary Sewer Uti Sewer 960.00 9/12/11 6180 MURRAY HILL DRAINAGE Stormwater Managem STORMWATER MANAGEMENT 8,661.00 9/12/11 5770 COVINGTON LOT SPLIT Stormwater Managem STORMWATER MANAGEMENT 210.00 9/12/11 JUL-COVINGTON RD SEDIMENT Stormwater Managem STORMWATER MANAGEMENT 1,380.50_ TOTAL: 14,269.50 XCEL ENERGY 9/12/11 STMT#293848691-SVC 6/28-8/ General Fund Municipal Buildings 716.26 9/12/11 STMT#293848691-SVC 6/28-8/ General Fund Police Protection 4.95 9/12/11 STMT#293848691-SVC 6/28-8/ General Fund Public Works 575.71 9/12/11 5700 CTY RD 19 General Fund Traffic Control/Str Li 34.22 9/12/11 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic Control/Str Li 169.67 9/12/11 STMT#293848691-SVC 6/28-8/ General Fund Traffic Control/Str Li 25.77 9/12/11 STMT#293848691-SVC 6/28-8/ General Fund Traffic Control/Str Li 4,442.11 9/12/11 STMT#293848691-SVC 6/28-8/ General Fund Parks & Recreation 421.38 9/12/11 5735 COUNTRY CLUB RD Southshore Communi Senior Community Cente 958.98 9/12/11 24253 SMITHTOWN ROAD Water Utility Water 1,031.47 9/12/11 STMT#293848691-SVC 6/28-8/ Water Utility Water 1,781.97 9/12/11 STMT#293848691-SVC 6/28-8/ Water Utility Water 1,200.61 9/12/11 STMT#293848691-SVC 6/28-8/ Water Utility Water 2,406.86 9/12/11 STMT#293848691-SVC 6/28-8/ Sanitary Sewer Uti Sewer 558.48_ TOTAL: 14,328.44 ZIEGLER, INC. 9/12/11 CAT LOADER Equipment Replacem Equipment Replacement 134,220.00 9/12/11 WHEEL LOADER Equipment Replacem Equipment Replacement 940.00_ TOTAL: 135,160.00 **PAYROLL EXPENSES 8/29/2011 - 99/99/9999 General Fund Administration 4,644.67 General Fund General Government 7,049.59 General Fund Finance 4,938.81 General Fund Planning 5,033.39 General Fund Protective Inspections 3,672.32 General Fund City Engineer 2,545.62 General Fund Public Works 5,729.74 General Fund Streets & Roadways 4,827.13 General Fund Tree Maintenance 953.89 General Fund Parks & Recreation 5,111.69 Southshore Communi Senior Community Cente 851.20 Water Utility Water 2,846.14 Sanitary Sewer Uti Sewer 3,559.02 Recycling Utility Recycling 176.68 Stormwater Managem STORMWATER MANAGEMENT 927.24_ TOTAL: 52,867.13 09-08-2011 11:10 AM C O U N C I L REPORT BY VENDOR-SEPTEMBER 12, 2011 PAGE: 8 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ =============== FUND TOTALS ================ 101 General Fund 343,659.18 401 Public Facility Fund 6,395.83 402 Park Capital Improvements 801.61 403 Equipment Replacement 135,160.00 404 Street Capital Improvemen 146,235.25 450 Community Infrastructure 2,331.00 490 Southshore Community Ctr. 20,404.67 601 Water Utility 10,532.14 611 Sanitary Sewer Utility 6,147.93 621 Recycling Utility 14,043.20 631 Stormwater ManagementUtil 277,209.99 880 Escrow Deposit Agency 11,835.00 -------------------------------------------- GRAND TOTAL: 974,755.80 -------------------------------------------- TOTAL PAGES: 8 #3B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Accept Project and Final Payment for Meadowview Road, Wild Rose Lane and Title / Subject: Nelsine Drive Meeting Date: 9/12/11 Prepared by: James Landini Reviewed by: Attachments: Resolution Policy Consideration: Background: On April 12, 2010, the Shorewood City Council awarded a contract for the 2010 Meadowview Road, Wild Rose Lane and Nelsine Drive rehabilitation project to W.M. Mueller and Sons, Inc. Staff is pleased to report that the project has been completed, and the contractor has submitted the final paperwork and withholding certifications needed to close out the project. The contractor is due the normal progress payment and retainage payments for work completed, in the amount of $50,079.02. The original contract amount is $404,697.18 and the value completed to date is $383,292.99. Financial or Budget Considerations: Options: 1.Approve the resolution accepting the project and authorizes final payment. 2.Direct staff to do something different. 3.Do nothing. Recommendation / Action Requested: Staff recommends approval of the resolution that accepts the project and authorizes final payment in the amount of $50,079.02. Next Steps and Timelines: Connection to Vision / Mission: Mission Statement: 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. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 11 -___ A RESOLUTION ACCEPTING THE 2010 MEADOWVIEW ROAD, NELSINE DRIVE AND WILD ROSE LANE REHABILITATION AND AUTHORIZING FINAL PAYMENT CITY PROJECT NO. 10-01, 10-02 WHEREAS , on April 12, 2010, the City of Shorewood entered into a contract with W. M. Mueller and Sons, Inc. for City Project 10-01, 10-02, for the 2010 Meadowview Road, Nelsine Drive and Wild Rose Lane rehabilitation; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the City Engineer has made final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and all warranties shall commence as of the date of this resolution. ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD this 12th day of September, 2011. ________________________ Christine Lizée, Mayor ATTEST: ________________________ Brian Heck, City Administrator/Clerk #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Silver Lake Sediment Trap Soil Boring Meeting Date: 9/12/11 Prepared by: James Landini Reviewed by: Attachments: Policy Consideration: Background: The storm sewer along Covington Road and Old Market Road collects sediment that is suspended in the stormwater and deposits the sediment into the Silver Lake. Currently there is not any treatment for that stormwater. Staff is beginning the design of a sediment trap stormwater treatment at Silver Lake and needs information on how strong the underlying soils are and the elevation of the water table. To gather this information American Engineering Testing, Inc. (AET) provided a quote to perform the soil boring, describe the soil, determine the water table elevation and provide a report for a not to exceed price of $2,600. Financial or Budget Considerations: This project is budgeted for in the 2011 CIP as the Covington Rd Storm Sewer. The stormwater fund has sufficient balance to fund the investigation. Options: 1.Direct staff to contract with AET for this investigation. 2.Do nothing. Recommendation / Action Requested: Staff recommends awarding the contract for the soil boring be awarded to AET not to exceed $2,600. Next Steps and Timelines: Connection to Vision / Mission: Mission Statement: 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. Page 1 #3D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Sanitary Sewer Televising Meeting Date: 9/12/11 Prepared by: James Landini Reviewed by: Attachments: Quote Tabulation Policy Consideration: Background: Every year Shorewood budgets to clean and televise a section of the sanitary sewer system. The project is part of the Capital Improvement Program. The area selected for 2011 is the northeast corner of the City. The area has approximately 27,237 linear feet of sewer and 131 structures. Nine firms were invited to quote the project and five firms responded with a quote. The summary of the five quotes is attached. The low quoter is Hydrovac, Inc. in the amount of $25,089.21. Shorewood has not worked with this firm. The references of Cottage Grove and Brooklyn Park were called and both have successfully completed several projects with Hydrovac. Financial or Budget Considerations: This project is budgeted for in the 2011 CIP as the Infiltration and Inflow Reduction. The sanitary sewer fund has $70,000 budgeted to clean, televise and repair defects of the sewer. Options: 1.Direct staff to contract with Hydrovac, Inc. for the cleaning and televising of the sanitary sewer. 2.Direct staff to contract with another quoter for the cleaning and televising of the sanitary sewer. 3.Do nothing. Recommendation / Action Requested: Staff recommends awarding the contract for the cleaning and televising be awarded to Hydrovac, Inc. not to exceed $28,000. Next Steps and Timelines: Connection to Vision / Mission: Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Quote Tabulation Sanitary Jet Cleaning, Main Line Televising, Structure Inspection Project City Project No. 11-09 Quotes Opened: Sept 07 2011, 10:00 A.M.City of Shorewood Engineer: James Landini NoQuoterQuote 1Infratech$ 40,862.06 2Midwest Trenchless Technologies$ 33,494.44 3Lametti & Sons 4Michels Pipe Service 5Hydrovac Inc.$ 25,089.21 6Veit 7Goliath Hydro Vac Inc. 8Visu sewer$ 49,832.87 9Pipe Services$ 41,906.80 10 11 12 13 14 15 < Å < Å þþ ïëèù Ê×ÒÛ ÍÌ Ý·¬§ ±º Í¸±®»©±±¼ îðïï Í¿²·¬¿®§ Í»©»® Ý´»¿²·²¹ ¿²¼ Ì»´»ª··²¹ Ð®±¶»½¬ i Ú»»¬ ðíìëêçðïôíèðîôðéðîôéêð MGM ALKERSON UNN ARTIN LLP 1900U.S.BPST ANK LAZA OUTH OWER 220SSS OUTH IXTH TREET M,M55402 INNEAPOLIS INNESOTA T612-344-1111 ELEPHONE F612-344-1414 ACSIMILE TO: Brian Heck, City Administrator FROM: Tim Keane, City Attorney RE: Aquatic Invasive Species Pilot Program – Minnehaha Creek Watershed District Joint Powers Agreement DATE: September 8, 2011 Please find enclosed the substantive content for a Joint Powers Agreement (JPA) for an aquatic invasive species pilot program. The attached outline is intended to provide the flavor of the content JPA, together with the allocation of the rights, duties and responsibilities of the respective parties. The JPA document will be submitted for Council approval September 26. The purpose of this item is to request City Council comments, questions or concerns in anticipation of preparation of a full JPA. The timetable for review is review by the Minnesota Department of Natural Resources (September 14 to 21) approval by MCWD (September 22) and approval by Shorewood City Council (September 26). I look forward to receiving City Council comments September 12, 2011. {143538.DOC- 9/8/2011} Joint powers agreement – aquatic invasive species pilot program Department of Natural Resources, City of Shorewood, Minnehaha Creek Watershed District I.Recitals a.DNR statutory authority AIS statewide 84D and must collaborate with others; has 1 conservation officers; inspection protocols. b.City of Shorewood owns and operates the Christmas Lake access under an agreement with DNR, which is informed by this agreement. c.MCWD has authority to protect water resources throughout the Minnehaha Creek watershed; scientific and field experience; current data. d.AIS are rapidly expanding in the state and the partners are committed to: i.Coordinating authority and resources to develop a reasonable and workable inspection requirement to stop the spread of aquatic invasive species in the state and prevent the introduction of new AIS. ii.A collaborative, cooperative approach to AIS management and prevention. iii.Ensuring continued access to Christmas Lake and the other public waters in the watershed, including Christmas Lake. e.This is a JPA under 471.59. Department of Natural Resources II. – rights and responsibilities a.Declare an invasive species emergency under Minn. Stat. § 84D.02, subd. 7. 2 b.Train and certify MCWD inspectors. c.Commission MCWD, under Minn. Stat. § 84D.02, subd. 7, to: i.Removal of AIS from water-related equipment; ii.Removal of water-related equipment from Christmas Lake; iii.Prohibit placing water-related equipment into Christmas Lake; d.Enforce invasive species law, including: i.Dedicate conservation officers as needed to support MCWD inspectors by issue warnings/citations for AIS violations. ii.Train city police officers. e.Secure governor’s delegate to the board. f.Contribute staff to working council. City of Shorewood III. – rights and responsibilities a.Install and maintain gate and associated systems. i.Retain ownership of all property and equipment. b.Provide in-kind contributions: i.Property, mechanics, and maintenance thereof. ii.Commitment of police to enforce AIS law. c.Serve as fiscal agent for the collaboration. d.Appoint members to board. e.Contribute staff to working council. f.Retain all sovereignty and authority. 1 By law, DNR is mandated to collaborate with other governmental entities. Minn. Stat. § 84D.02, subds. 1, 3(5). 2 “Inspectors” per 84D.01, subd. 8c, are endowed with the authority under 84D.105, subd. 2. MCWD IV. – rights and responsibilities 34 a.Hire and support training of inspectors by DNR or per DNR protocol; b.Staff inspection station. 5 c.Issue AIS decals. d.Manage education program and frequent-boater program; e.Appoint members to board. f.Contribute staff to working council. g.Retain all powers, sovereignty. General provisions V. a.JPA board to run the pilot. 6 i.Representation 1.DNR – governor’s delegate. 2.Shorewood – councilmember and mayor. 3.MCWD – two managers. ii.Staff coordinating council – appointees from each partner. 1.AIS and water-resources ecology; 2.Program management; 3.Technology/equipment; 4.Legal. iii.Fiscal agent – Shorewood. b.Separately insured against liabilities incurred under the program. c.Term and termination. i.One year, then scale-up or continuation for another year on vote of parties. ii.Parties may withdraw with 90 days’ notice to other parties. iii.Distribution of funds/property. d.Tasks i.Develop plan for and conduct pilot to gather information for scale up of access management watershedwide and/or statewide. ii.Secure grant funding. iii.Collaborate on communications related to the pilot and AIS. iv.Solicit additional partners. v.Contract for services. e.Terms in JPA are as defined in 84D.01. f.Procedure, requirements for additional partners. g.Emergency exception. 3 Including providing insurance and benefits, etc. 4 Including certification as “inspectors” per 84D.01, subd. 8c. 5 86B.508. Does not provide authority to charge for decals. 6 Staff cannot serve on joint powers boards. 471.59, subd. 11(a). #12A.1. City of Shorewood Memo To: Shorewood City Council From: Julie Moore, Communications and Recycling Coordinator Patricia Fasching, Administrative Assistant CC: Brian Heck, Administrator Date: 9/8/2011 Re: City Recycling Report The City of Shorewood recycling numbers have been down slightly over last year. This trend is not uncommon in the second year of a new program. Our numbers are still well above the required Hennepin County recycling levels and well above the programs in other Hennepin County cities. The lowest numbers show in February and July. In February many of our older residents are not in Shorewood; July tends to be a high vacation month. This could explain the lower participation rates during those months. Although participation in February was down slightly, the tonnage was higher than in 2010. Even with the slightly lower participation rate overall, our tonnage collected at this time last year was only 11.6 tons greater. Most of this decrease is in paper which is being seen with most of the curbside programs due to a decrease in newspaper subscriptions. Overall the single sort recycling program has been received well. We often get positive feedback from residents regarding the method of collection. We are currently working with Allied Waste and Recyclebank to increase the use of the Recyclebank program. Attachments: 2010 recycling report; 2011 7-month recycling report 1 City of Shorewood Residential Recycling Figures 2011 Curbside Recycling by Allied Waste & Recycling Services JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptOctoberNovmbrDecmbrTotal Recycling Participation Rate80.8%73.2%80.0%79.2%82.4%80.7%76.2%78.9% Average # of households Serviced4,5184,0936,7104,4294,6084,5124,261 Commodity Breakdown by Ton Newspaper33.1230.2144.6036.7836.2934.3431.750.000.000.000.000.00247.08 Glass26.4024.0835.5529.3128.9327.3725.300.000.000.000.000.00196.94 Aluminum Cans 1.701.552.301.891.871.771.630.000.000.000.000.0012.72 Steel and Tin Cans2.562.343.452.842.812.662.450.000.000.000.000.0019.10 Corrugated Cardboard4.183.815.624.644.584.334.000.000.000.000.000.0031.16 Plastic Bottles/Containers5.364.887.215.955.875.555.130.000.000.000.000.0039.96 Magazines3.633.314.884.033.973.763.480.000.000.000.000.0027.06 Mixed Mail/Office Paper3.843.505.174.264.203.983.680.000.000.000.000.0028.63 Phone Books0.000.000.000.000.000.000.000.000.000.000.000.000.00 Total Recycling Tons 201180.7873.68108.7889.7088.5183.7677.430.000.000.000.000.00602.64 2010 tons82.2071.65113.5179.6783.10101.1982.9379.03126.8581.3385.7685.441,072.66 Difference In Tons: 2010 vs. 2011-1.422.03-4.7310.035.41 Year-To-Date Tonnage Increase-1.420.61-4.125.9111.3211.3211.3211.3211.3211.3211.3211.32 City of Shorewood Residential Recycling Figures 2010 Curbside Recycling by Allied Waste & Recycling Services JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptOctoberNovmbrDecmbrTotal Recycling Participation Rate86.1%83.3%83.0%83.8%85.9%87.2%87.1%80.5%89.8%82.0%83.3%87.4%85% # of households Serviced4,8144,6586,9634,6964,8044,8744,8684,5007,5324,5864,6584,886 Commodity Breakdown by Ton Newspaper33.7029.3846.5432.6734.0741.4934.0032.4052.0133.3535.1635.03439.79 Glass26.8623.4237.1026.0427.1633.0727.1025.8341.4526.5828.0327.92350.55 Aluminum Cans 1.731.512.401.681.752.141.751.672.681.721.811.8022.63 Steel and Tin Cans2.612.273.602.532.633.212.632.514.022.582.722.7134.00 Corrugated Cardboard4.253.705.874.124.305.234.294.096.564.204.434.4255.46 Plastic Bottles/Containers5.454.757.535.285.516.715.505.248.415.395.695.6671.12 Magazines3.693.225.103.583.734.543.723.555.703.653.853.8448.16 Mixed Mail/Office Paper3.903.405.393.783.954.813.943.756.033.864.074.0650.95 Phone Books0.000.000.000.000.000.000.000.000.000.000.000.000.00 Total Recycling Tons 201082.2071.65113.5179.6783.10101.1982.9379.03126.8581.3385.7685.441,072.66 2009 Tons with Veolia68.8859.7864.1984.1974.0169.0582.8470.8781.5864.5767.3681.09868.41 Difference In Tons: 2009 vs. 201013.3211.8749.32-4.529.0932.140.098.1645.6016.7618.404.35 Year-To-Date Tonnage Increase13.3225.1974.5169.9979.08111.22111.31119.47151.75168.51186.91191.26191.26 #11A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Water Connection Fee Meeting Date: Monday, September 12, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Bruce DeJong, Finance Director, Brad Nielsen, Planning Director, Larry Brown, Public Works Director Attachments: Memorandum Policy Consideration: Should the Council adjust the fee to connect to the municipal water system? Background: Earlier this summer, Mr. Charles Price contacted the city about connecting to the water system. When he discovered the cost to connect, he asked if the City would consider reducing the connection fee. Staff checked back on the assessment records and his property, which has water access from Smithtown Road, was not assessed when the water main was installed. The current policy requires residents who desire water to pay the assessment and a connection fee if necessary, equal to $10,000. In the case of Mr. Price, the property was not assessed and therefore, under current policy, a $10,000 connection fee applies. Staff also has a concern that the existing policy does not meet statutory requirements. The attached memorandum provides more information on the issue. Financial or Budget Considerations: the city may receive less in connection charges if the council chooses to change policy; however, a lower rate may entice additional connections thereby offsetting any potential loss in the end. Options: 1)Proceed with the cost analysis and subsequent ordinance change; 2)Leave everything as is. Recommendation / Action Requested: Staff recommendation is part of attached memorandum. Next Steps and Timelines: if the council moves forward with adjusting the fees, staff will conduct the financial analysis, prepare the ordinance amendment, and schedule the public hearing in a manner such that any fee changes can take place effective January 1, 2012. Connection to Vision / Mission: Providing quality public services and a healthy environment. Mission Statement: 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. Page 1 CITY OF SHOREWOOD MEMORANDUM TO: Mayor and City Council FROM: Brian Heck, City Administrator CC: Bruce DeJong, Finance Director Larry Brown, PW Director Brad Nielsen, Planning Director DATE: Monday, September 12, 2011 SUBJECT: Water Connection Fee The City Council has discussed the issue of municipal water – extending service, fee for connecting to the service, assessment for extension, etc – over the past several years and established different policies relating to water over this period. The council is once again faced with the issue of the cost to connect to municipal water. A resident living along Smithtown Road requested the council consider adjusting the $10,000 connection fee, as he was interested in connecting to the system. This resident has since paid the $10,000 and connected to the system. The current policy requires residents interested in connecting to municipal water to pay $10,000. The $10,000 is adjusted based on how much the resident paid in special assessment to extend the water main down the street. For example, if the assessment to extend water main amounted to $5,000, the property owner must pay an additional $5,000 to connect. If the cost to run the water main equaled $10,000, property owners pay no additional connection fee. If a resident is on the path of an improvement and the property was not included in the assessment, the property owner must pay $10,000, or the cost to extend the water main to their property boundary, whichever is greater. The issue has been raised that this method no longer meets legal requirements for development related fees. The new standard means that fees have to be reasonable in proportion to the cost of providing the service. As the example above shows, the city charge can vary from zero to $10,000, which is not proportionate in relation to the cost the city incurred in placing the system into service. Generally speaking, the connection fee should reflect the costs associated with developing the delivery system to accommodate new connections including water towers, wells, treatment facilities, water mains, etc, spread over the number of units the system is designed to support. In the case of Shorewood, we sized the system to accommodate all current and future residential and commercial properties in the city excluding the islands, which most likely will never be served by a centralized water system. To establish a new connection fee that conforms to development law changes, the city needs to calculate what it paid for system infrastructure and spread that over the number of eligible properties. For example, if the city invested $5,000,000 in the system, the connection fee would be approximately $1,800 spread on 2,800 parcels. It is staff’s belief that the city has not conducted such an analysis. To establish a connection charge, this analysis needs to be conducted. It is also our understanding that residents paid developers for the majority of the water system through increased lot prices. The developers then donated the system to the City. As such, these costs cannot be included in the system costs. The other cost associated with connecting to water is the extension of service laterals to existing homes that are on private wells. The current policy is to assess the cost of extending the lateral to only those properties that currently desire to connect. Other properties along the line are charged the $10,000 connection fee when they choose to connect. Staff believes a more appropriate method is to assess the costs to extend the lateral to all benefiting properties and then have the property owner choose when to connect to the system and pay the fixed connection charge based on the cost to develop the system. Staff recommends:  Conducting an analysis as described to determine the required fixed connection charge.  All properties along a segment of road where an extension of water is proposed be assessed - not just those properties requesting the service.  No rebates or refunds should be provided to properties connecting under any of the previous policies. Below is a table of connection fees from various communities. This is the fee assessed to connect and is in addition to any special assessment for extending the lateral. Water Connection Charges Charge per Residential City Equivalent Unit Mora $1,500 New Brighton $530 Morris $2,500 Oak Park Heights $35 Wyoming $3,290 Centerville $1,800 Chatfield $1,600 Chanhassen $5,393 Hoyt Lakes $100 Savage $2,543 Elko-New Market $1,746 Mendota Heights $200 St. Michael $2,675 Montgomery $1,500* Mound $2,240 New Prague $1,125 Gaylord $2,000 St. Anthony $450 Stillwater $3,750 Average $1,841 *Montgomery lowered their rate from $3,500 due to the economy. MGM ALKERSON UNN ARTIN LLP 1900U.S.BPST ANK LAZA OUTH OWER 220SSS OUTH IXTH TREET M,M55402 INNEAPOLIS INNESOTA T612-344-1111 ELEPHONE F612-344-1414 ACSIMILE TO: Brian Heck, City Administrator FROM: Tim Keane, City Attorney RE: Water Connection Policy DATE: September 8, 2011 This memorandum is in response to your request relating to the water connection fee policy adopted in Resolution No. 98-027. You requested address the legal foundational authority for this policy. The statutory basis for the City’s connection charges are found in Minn. Stat. § 444.075. Chapter 444 provides that cities may utilize connection charges in addition to use, special assessment, and availability charges, to finance the construction and operation of water and sewer systems. The Minnesota Supreme Court has repeatedly held that connection charges are not assessments subject to the special benefits test. Johnson v. City of Eagan, 584 N.W.2d 770 (Minn. 1998). The charges for the connection to facilities are established as a matter of policy in the discretion of the governing body and may be fixed by reference to a portion of the cost of the connection which has been paid by the assessment of the premises to be connected, in comparison with other premises. Charges made for facilities and utility services shall be, as nearly as possible, proportionate to the cost of furnishing the service. Minn. Stat. § 444.075, Subd. 3. A municipality may impose just and equitable charges for the use and availability of facilities and for connections to the facilities. Id. Unlike a special assessment charges pursuant to Minnesota Statutes Chapter 429, the legal test for Chapter 444 connection charges is a “reasonableness test” as opposed to the “benefit test” required under Chapter 429. {143536.DOC- 9/8/2011}