The URL can be used to link to this page

09-26-11 CC Reg Mtg AgendaCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 26, 2011 AGENDA 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Attachments 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Lizee Hotvet Siakel Woodruff Zerby B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 12, 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. Appeal for Extension of Time Planning Director's Appellant: Naomi Carlson memo Location: 5955 Cathcart Drive 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Hennepin County Update from Commissioner Jan Callison B. Ken Hendrickson, Board Representative, Lake Minnetonka Communications Administrator's Commission Report on activities and 2012 Budget memo, Budget 7. PARKS - Report by Representative A. Freeman Park Open Skating Rink Administrator's memo 8. PLANNING - Report by Representative A. Trail Plan Implementation Report Planning Director's memo CITY COUNCIL REGULAR MEETING AGENDA — SEPTEMBER 26, 2011 Page 2 of 2 B. Zoning Code Text Amendment for Accessory Structures 9. ENGINEERING /PUBLIC WORKS A. Authorize Expenditure of Funds for Lift Station 13 Repair at Radisson Entrance B. Authorize Expenditure of Funds for Curb Replacement at Waterford Place 10. GENERAL /NEW BUSINESS A. Support for the City of Tonka Bay's Grant Application for Basketball Court Improvements B. Gambling Ordinance Amendment C. Michael Greer, Eagle Scout Project Request 11. OLD BUSINESS A. Resident Survey B. Minnehaha Creek Watershed District Joint Powers Agreement 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff B. Mayor and City Council 13. ADJOURN Attachments Planning Director's memo, Ordinance Director of Public Works' memo Director of Public Works' memo Administrator's memo, Resolution Deputy Clerk's memo, Ordinances, Resolution Park Admin. Asst.'s memo Administrator's memo Administrator's memo 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, 26 September, 2011 7:00 p.m. A 6:00 p.m. Council Work Session is scheduled this evening. An EDA meeting will immediately follow the Regular City Council meeting. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: Naomi Carlson has been cited for storing vehicles and equipment not belonging to her on her property. In a phone conversation she expressed willingness to cooperate, but needed additional time to comply. Her appeal letter asks for more time to allow her attorney and contractor client to review the Code. Staff recommends additional time for compliance in two -week increments. Agenda Item #5A: There are no public hearings this evening. Agenda Item #6A: Commissioner Jan Callison will be present to provide an update on Hennepin County activities. Agenda Item #613: Lake Minnetonka Communications Commissions (LMCC) Board Representative and Budget Committee Chair, Ken Hendrickson, will report on LMCC activities and the 2012 Budget. Council is being asked to approve the LMCC 2012 Budget this evening. Agenda Item #7: Park Commissioner Swaggert will be present to report on the recent Park Commission meeting. Agenda Item #7A: The Park Commission is recommending that the City Council direct Public Works staff to flood a free skate ice rink at Freeman Park this winter, in lieu of the pond at Silverwood Park, on a one year trial basis. Agenda Item #8: A Planning Commission representative will report on the recent Planning Commission meeting. Agenda Item #8A: The Planning Commission held a public hearing on 20 September to consider the adoption of the Trail Implementation Report prepared by the Ad Hoc Trail Committee. Subject to changes recommended by the Park Commission and a couple of revisions suggested by the Planning Commission, the Commission recommended that the Comprehensive Plan be amended to incorporate the Implementation Report. Staff should Executive Summary — City Council Meeting of September 26, 2011 Page 2 of 2 be directed to prepare a resolution adopting the report and forwarding it to Metropolitan Council and adjoining cities for review and comment. Agenda Item #813: After having an administrative action relative to accessory structures dismissed by the hearing officer, staff has prepared a "housekeeping" code amendment to clarify the regulations pertaining to accessory structures. The Planning Commission held a public hearing to consider this matter and voted unanimously to recommend the amendment. Agenda Item #9A: Staff is recommending an expenditure of funds be authorized for the repairs to Lift Station 13 on Radisson Entrance be approved from the Sanitary Sewer Fund. Agenda Item #913: Staff is seeking authorization for repairs to curbing along Waterford Place. Agenda Item #10A: This is a request from the City of Tonka Bay to support its application for a youth sports grant to rehabilitate its basketball court. Residents of Shorewood are able to use the park at no cost. No financial support is requested from the City. A resolution supporting the grant application is provided for Council's consideration. Agenda Item #IOB: Staff has reviewed the Gambling Ordinance and provided a revised draft for Council to review. The revisions include updates to comply with current state statute and other edits to city requirements. A Resolution authorizing summary publication of the Ordinance and an Ordinance amending the Gambling Fees is also provided. Council may approve as is or direct staff to make further changes to the Ordinance. Agenda Item #IOC: This is a request to support Michael Greer's Eagle Scout project to build a compost bin for the South Shore Community Park community gardens. Agenda Item #11A: Council is asked to review and approve of the Resident Survey instrument. Agenda Item #11B: This item is the Aquatic Invasive Species Pilot Program Joint Powers Agreement with the Minnehaha Creek Watershed District. #Za CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 12, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, City Administrator Heck; Finance Director DeJo of Public Works Brown; and Engineer Landim Absent: None. B. Review Agenda Zerby moved, Siakel seconded, approving the agenda as prese 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, August 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. ; Attorney Keane; r Nielsen; Director ion passed 510. 1 Woodruff moved, Siakel seconded, Approving the City Council Special Meeting Minutes of August 22, 2011, as presented. Motion passed 510. B. City Council Work Session Minutes, August 22, 2011 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of August 22, 2011, as presented. Motion passed 510. C. City Council Regular Meeting Minutes, August 22, 2011 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of August 22, 2011, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Lizee 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 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 2 of 8 B. Adopting RESOLUTION NO. 11 -049 "A Resolution Accepting the 2011 Meadowview Road, Nelsine Drive and Wild Rose Lane Rehabilitation and Authorizing Final Payment, City Project 10 -01, 10 -02." C. Silver Lake Sediment Trap Soil Boring D. Sanitary Sewer Televising Councilmember Hotvet noted there is substantial difference in the amount of the quotes received for the Sanitary Sewer Televising project. She asked Staff to comment on that. Engineer Landim responded the company that submitted the lowest quote is trying to get its foot in the door with the City. Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATI A. Terrence Haines, Eagle Scout Mayor Lizee stated I up report on the prof (SSCC). Eagle Mr. Haines presented Mayor Lizee stated the projec noted that Mr. Haines had bey and the Park Commission haA stated the area below had beer was the hottest summer on re two benches which are simply the walking paths. She noted N they go down to it. She told M ect ;cout'candidate, is present this evening to provide a wrap - the wetland area near the Southshore Community Center project. Mr. Haines and his crewmembers took on was an incredible project. He planning the project for a couple of years. She commented that the City wanted to have something done to that area for a couple of years. She )vergrown and it looked like a rain forest. She noted the summer of 2011 Ord. She stated the crew cleared brush, trees, and buckthorn. They made eautiful. They built new stairs with railings. They cleared and refurbished ten people are at the SSCC and they see there is safe access to the bridge Haines that she thought he and his crewmembers out did themselves. Mr. Haines received a round of applause from Council and staff members present. Mayor Lizee noted Mr. Haines asked the City to donate $200 for the purchase and engraving of a dedication plaque for the area. Lizee moved, Zerby seconded, authorizing up to $200 for the purchase and engraving of a dedication plaque. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 3 of 8 Councilmember Woodruff asked what will be engraved on the plaque. Mr. Haines explained that SSCC Manager Anderson wants his name and a reference to his Eagle Scout project donating the various items (such as the stairs and benches) on the plaque. Mr. Haines' mother stated she would like the names of those who donated money to the project on the plaque. Motion passed 510. Mayor Lizee extended her thanks to Mr. Haines. Councilmember Siakel thanked Mr. Haines and told him he and his crew before and after pictures. job. She liked the Councilmember Hotvet thanked Mr. Haines for his presentation. Mayor Lizee suggested there be a small ceremony to dedicate th stated after he gets all of his paper work complete for the project to hold his Eagle Scout Court of Honor there. Lizee asked that he que when it is a after his board .ouncil know w Mr. Haines his plan is ,will be. 7. PARKS No report was given because there had not been a Park Con meeting. The next meeting is scheduled for September 13, 2011. 8. PLANNING No report was given because there had not been a Planning Cc meeting. The next meeting is scheduled for September 20, 2011. 9. None. 10. meeting since the last Council meeting since the last Council Aquatic Invasive Species' Pilot Program Joint Powers Agreement with the Minnehaha Creek Watershed District Outline for Discussion Attorney Keane explained the meeting packet contains a draft substantive outline for a joint powers agreement (JPA) for an aquatic' invasive species (AIS) management and prevention pilot project for Christmas Lake. The intent of the outline is to provide a general understanding of what the JPA will include and to provide Council the opportunity to provide comments, ask questions and express concerns prior to the full JPA being prepared. The JPA will be circulated for review the end of next week. It will first be sent to the Department of Natural Resources (DNR). Then it will be sent to the Minnehaha Creek Watershed District (MCWD) for approval on September 22n The goal is to provide Council with a formal JPA for consideration during its September 26 meeting. He noted there isn't a play book for this type of project. Hopefully, this will serve as a template for the MCWD for similar projects in other communities within the MCWD. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 4 of 8 Councilmember Hotvet stated the outline states the term of the agreement will be one year. She expressed she did not think one year is a long enough to determine if the pilot project is successful. Attorney Keane responded he will propose to the DNR and MCWD making the initial term two years for the trial project. Councilmember Woodruff stated he did not think the pilot project warrants establishing a JPA. From his perspective an agreement or contract between the three parties would be suffice. He suggested a description of the project be included up front in the JPA. The outline doesn't talk about which organization will be responsible for what or what the purpose of the pilot project is. He suggested the purpose be clearly identified in what ever document there ends up being. Woodruff then stated he questions some of the technical things in the outline. He asked what "water - related equipment" means. He doesn't think the City, DNR or MCWD can commit the South Lake Minnetonka Police Department (SLMPD) to enforcing the State's AIS law. The SLMPD Coordinating Committee has to ask the SLMPD to do that. He recommended the MCWD serve as the fiscal agent being it wants to control AIS management within the MCWD jurisdiction. He expressed he would be troubled if the City were to serve as the fiscal agent. Woodruff went on to state three to five months ago the MCWD proposed it assume responsibility for management of AIS within the District. The MCWD started a process to get authority for it to do that. He noted he is not sure the MCWD has obtained that authority. It's his understanding that the MCWD's current 509 Plan needed to be amended to allow it to have that authority. Such an amendment would have to come before Council because the City would have to be one of the cities that approve it. He questioned if the MCWD can execute the JPA operationally because it doesn't have the authority yet to perform. Woodruff expressed he has problems with the general provisions of the proposed JPA board, again noting that he thought it should be a contract. He stated it appears the outline has established a process through which the Governor can appoint someone to operate on behalf of the DNR and he questioned if the Governor can do that from a legal perspective. He thought the State Legislature would have to pass a bill giving the Governor that authority. Councilmember Zerby stated from his perspective a JPA is the correct form of agreement. He explained he interprets water - related equipment to include things such as boats and other types of watercraft. He noted SLMPD member cities ask the SLMPD to enforce ordinances all the time. He stated he thought the outline covers everything Council has talked about with regard to the three -way partnership on this project. It assigns responsibility to the appropriate organization. For example, it's appropriate for the DNR to train MCWD inspectors and for the City to serve as the fiscal agent being Christmas Lake is located in the City.. He then stated the pilot project is a cutting edge. He noted that he thought the outline for the JPA is right on the money. Councilmember Siakel suggested the JPA clearly explain what the SLMPD's role will be in this pilot project. Attorney Keane explained the SLMPD has the sole authority to issue warnings and citations for violating the AIS law at the Christmas Lake launch site. There is a need for a couple of SLMPD personnel to have training about AIS violations and how to identify AIS. The City needs to talk to the SLMPD Chief of Police to ensure SLMPD cooperation on this endeavor. Keane then explained this effort will involve a shared powers understanding between political subdivisions of the State. Because powers and authorizations will be shared the mechanism for doing that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 5 of 8 is a JPA under State Statute Chapter 471. A JPA allows the political subdivisions to share powers with one another. Keane stated he thought the questions asked and issues raised are astute and completely appropriate for discussion and consideration. He then stated the biggest local piece of this that has to be refined is the enforcement component and citing authority. Councilmember Woodruff asked what the voting protocol is for the proposed JPA board. Is it a simple or super majority? How many votes does each organization get? Attorney Keane responded as of yet no decision has been made regarding how frequently that governing body will meet. Because this is a pilot effort things will be adapted as deemed necessary. Keane explained the decisions will be governed by the rules of Roberts Rule of Parliamentary Procedure. A simple majority will govern decisions. When there is a shared powers agreement and a governing body is created to administer the new shared powers organization, the representation of the constituent pieces requires appointment. The DNR is a state agency and it is assumed the DNR delegation would be appointed by the Governor but it may be the Commissioner of the DNR that selects the appointee. Councilmember Siakel stated a JPA makes good sense to her. efficient way to get the project moving forward. She noted that eai where an expert from the State of New York gave a presentation presenter talked about containing AIS and doing what ever is pos other water bodies. That could potentially allow for there to be en bodies of water. She stated the City, DNR and MCWD have an invasive species that may be coming to this area. She asked if comment on the actual JPA at a future meeting. recommended choosing the most in the day she attended a program zebra mussels. She explained the to slow the infestation of AIS in i time to develop products to treat srtunity` to save a lake from other have an opportunity to Attorney Keane explained the outline is the first cut at the architecture of the JPA. The JPA will be crated later this week and it will be circulated to the DNR and MCWD and then it will come back to Council on September 26 The elements contained in the outline are the key features to be included in the JPA. He expressed his agreement with the need to have a strong statement of purpose in the beginning of the JPA. That should guide the rest of the document. He reiterated this effort and arrangement is a first for all parties involved. People need to be flexible. He welcomed Council's comments and reactions. Mayor Lizee expressed her appreciation for Attorney Keane working with MCWD Attorney Smith to move this initiative ahead. She concurred that a JPA is needed to solidify the organizations support of what will be going on at Christmas Lake.. Attorney Keane noted this pilot project is a local initiative. The State is not taking the leadership on this. The City and the MCWD are pulling it together. Percolating this effort up from the grass roots of local government is a sound model. If it proves to be effective the hope is that other cities can replicate the model for their needs. Mayor Lizee stated she will help work with the SLMPD. She noted police departments in the Lake Minnetonka area have been trained on how to identify AIS. She stated there will be a need for some type of additional training for SLMPD personnel. Attorney Keane stated he will forward a copy of the JPA to the SLMPD as soon as it's available. Attorney Keane stated this discussion has been helpful to him. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 6 of 8 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Recycling Report Administrator Heck stated the meeting packet includes a copy of a recycling report for the City. The report reflects the City's recycling numbers have been down slightly when compared to 2010, but they are well above the required Hennepin County recycling levels and well above the recycling levels of the City's past dual -sort recycling program. He explained Hennepin County has revised its goals and plans for commercial recycling. The City is going to work with the commercial businesses in the City to get them to recycle more. 2. Water Connection Fee Administrator Heck stated Mayor Lizee requested this topic of the City's water connection fee be discussed during a work session. He explained there are two components. The first is the extension of water main along a roadway. The City has traditionally assessed for that under the Minnesota Statute Chapter 429 special assessment process. The second component is the connection charge. That charge is based on what the City has invested in developing the water system infrastructure. Heck asked Councilmembers if they had any questions they would like to have addressed at the work session during which this will be discussed. He noted the meeting' packet contains information about the connection charge. He noted Attorney Keane has been asked to prepare a legal opinion on the connection charge. Councilmember Hotvet asked staff to identify which of the cities listed in the staff report which are of similar size to the City charge for water the way the City does. Administrator Heck stated all the cities listed have a flat connection charge and they assess for the water main extension. He noted he hasn't found a city yet that has a fee similar to the one the City has designed ($10,000 minus the cost of the assessment but not to exceed $10,000). Mayor Lizee requested staff prepare a connection fee analysis, a historical perspective on how the water system came about, and an updated 20 -year plan for expanding water throughout the City. She suggested this topic be discussed during a work session in October or November. There was consensus to discuss this topic during the November 14, 2011, work session. Other Administrator Heck stated staff proceeded with closing on the purchase of the property located at 24620 Smithtown Road and the property which had been part of the property located at 5750 Covington Road. There is a Movie in the Park event scheduled for September 16 at Manor Park. Staff plans to have a draft of the proposed questions for the community survey available for the September 26 Council meeting. He, Director DeJong and Councilmember Zerby met with a consultant for the Minnetonka School District (that individual is also a consultant for Carver County on its Open Fiber Initiative) and the consultant put CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 7 of 8 them in touch with the firm that's going to install the fiber. It appears that the City could connect into the County's fiber ring near Highway 7 for a reasonable cost. The fiber installer is going to provide an estimate of what it will cost to run fiber from that point to City Hall and then on to the Southshore Community Center. Heck then stated two weeks ago Council adopted a resolution in support of the Minnehaha Creek Watershed District (MCWD) managing aquatic invasive species (AIS) efforts in the region. He noted he has been receiving questions from other cities about whether or not the MCWD and the Lake Minnetonka Conservation District (LMCD) support this. It's his understanding that the City of Minnetonka adopted a similar resolution. Director Brown stated with regard to the Murray Hill Road storm s with the inspection team and decided to move forward with completi that area this year. Asphalt should be put down on Smithtown Way tI repaved the trail at Manor Park and it has started working on the ti shelter. His intent is to have a proposal ready for the next Council and curb issue at Waterford Place. Hennepin County is conducting September 15 — 17, 2011, at the Public Works facility. In response to a question from Councilmember Zerby, Direct( put in place and landscaping done the no -right -turn sign out Drive will be removed. In response to a second question from Comic Commission will discuss a draft ordinance on noted he has informed the Southshore Comm the City Code is amended to allow that. In response to a third question identification signs have been signs were ordered with one of placed. B. Mayor and C Councilmember Woodruff st Taxation policy meetins4. That there will be much change to e to have a local sales tax:beim4 , ement project Staff met ng drainage improvement projects in ie end of the week. Public Works has *ail at Silverwood Park to the picnic meeting for addressing the drainage a hazardous waste drop -off program in explained as soon as the asphalt is Cub parking lot on to Lake Linden Nielsen explained the Planning eptember 20 meeting. Nielsen the sign cannot be moving until from Councilmember Zerby, Director Brown explained the new City entry ordered and it takes about eight weeks to get the custom made signs. Eight 'them being a spare. Zerby stated he would like to know where they will be he and Director Duncan attended the Metro Cities Revenue and was the second of three it will have. He noted that he did not think policies. There is one so called new policy regarding allowing cities Councilmember Siakel stated on September 1, 2011, she and Mayor Lizee attended an aquatic invasive species (AIS) stakeholder meeting sponsored by the Department of Natural Resources (DNR). There were stakeholders from the DNR, the Minnehaha Creek Watershed District (MCWD), Minnesota Waters, the Lake Minnetonka Association, and other agencies and people from around the State. The purpose of the meeting was to discuss what people thought they needed the DNR to do with regard to the management and prevention of AIS. The DNR representatives appeared to be receptive to the suggestions made during the meeting. The action the City took when it adopted the resolution to support the MCWD managing aquatic invasive species (AIS) efforts in the region was the appropriate thing to do. She noted she received compliments on the City Council doing that. She expressed disappointment that more cities in the MCWD jurisdiction haven't adopted a similar motion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 8 of 8 Siakel reiterated that earlier in the day she attended a program where an expert from the State of New York gave a presentation on zebra mussels. She explained the expert told people he participated in a group effort to try to identify a solution less invasive than a chemical to deal with zebra mussels. That group has taken its research as far as it can, noting it was funded by the Environmental Protection Agency. The group has come up with a compound called zequinox. The research has been turned over to a private entity to determine how it can take the non chemical, non toxic compound for treating zebra mussels and commercialize it. She stated she thought that in the future there will be a non - abusive way to treat AIS that is economical and ecologically sound, but it's probably a couple of years out. She then stated anything that can be done to contain the spread of AIS will be worthwhile. She expressed she wholeheartedly believes in the Christmas Lake pilot project and she believes in the role of the LMCD. The LMCD does a lot of things right, but she is not sure it has the funding or ability to take the management of AIS to the level needed. She applauded all of the stakeholders that attended. Administrator Heck stated that Director Brown is working with an el power to the proposed gate at the Christmas Lake public access. The Council authorized up to $2,000 for that. The Christmas Lake Home( willingness to fund the difference. Councilmember Zerby, asked considered. Brown responded it hasn't but he will research that possil Mayor Lizee stated with regard to the stakeholders meeting more tl attended the meeting. She then stated it will take partnerships to moi broader management and control of AIS. The model of the Christmas to others. Lizee then thanked the City City's donation toward the c 10:00 A.M. there will be an i those who have served a d= EFD Chief Gerber when Get State to go to the east coast a 13. 2011, at 8 Christine ATTEST: ctrician about how to get electrical quote provided is close to $11,000. wners Association has expressed its f a solar powered gate has been lity, in 40 people from across the State anything ahead with regard to the Lake pilot project could be valuable 1 the City Council for the new park entry signs, City Hall sign and the hshore Community Center digital sign. On Saturday, September 17 at ,iling of the Excelsior Fire District (EFD) firefighters' memorial to honor or more. She thanked EFD Assistant Chief Dana George who covered for was asked to be one of seven emergency management directors from the the recent hurricane Irene went through. Siakel seconded, Adjourning the City Council Regular Meeting of September 12, M. Motion passed 510. Christine Lizee, Mayor Brian Heck, City Administrator /Clerk COUNCIL ACTION FORM Department Council Meeting Item Number Finance September 26, 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 52130 through 52183 totaling $423,321.14. Staff Recommendation Staff recommends approval of the claims list. 9/22/2011 10:14 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood 2,122.02 000000 BANK: 1 BEACON BANK 305.92 052131 DATE RANGE: 9/13/2011 THRU 99/99/9999 052133 7,115.06 052135 132.51 052136 15,335.16 CHECK VENDOR I.D. 052138 NAME STATUS DATE 00051 210.66 EFTPS - FEDERAL W/H D 9/13/2011 00092 052143 MN DEPT OF REVENUE D 9/13/2011 20005 285.36 WELLS FARGO HEALTH BENEFIT SVC D 9/13/2011 00086 052148 AFSCME COUNCIL 5 R 9/13/2011 00053 ICMA RETIREMENT TRUST - 302131 -4 R 9/13/2011 16625 NCPERS MINNESOTA R 9/13/2011 00052 PERA R 9/13/2011 1 WIDVEY, MARK & SUZAN R 9/26/2011 00079 MEDICA R 9/26/2011 00085 MINNESOTA LIFE R 9/26/2011 00700 ABDO, EICK & MEYERS, LLP R 9/26/2011 01977 ANDERSON, KRISTI B. R 9/26/2011 03550 BROWN, LAWRENCE R 9/26/2011 04081 CARQUEST AUTO PARTS R 9/26/2011 05050 CITIES DIGITAL INC. R 9/26/2011 05100 COMMERCIAL ASPHALT CO. R 9/26/2011 05885 CULLIGAN BOTTLED WATER R 9/26/2011 06000 DALE GREEN COMPANY R 9/26/2011 06560 DELEGARD TOOL COMPANY R 9/26/2011 1 BUDGET PRINTING & AWARDS R 9/26/2011 1 LINN STAR TRANSFER, INC R 9/26/2011 10506 HENN CTY INFO TECHNOLOGY DEPT R 9/26/2011 INVOICE AMOUNT DISCOUNT PAGE: 2 CHECK CHECK CHECK NO STATUS AMOUNT 000000 11,659.97 000000 2,122.02 000000 1,092.39 052130 305.92 052131 1,561.00 052132 32.00 052133 7,115.06 052135 132.51 052136 15,335.16 052137 433.91 052138 6,972.00 052139 253.00 052140 210.66 052141 320.83 052142 75.56 052143 187.03 052144 115.06 052145 285.36 052146 309.75 052147 42.91 052148 40.00 052149 64.00 9/22/2011 10:14 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood 101.96 052152 BANK: 1 BEACON BANK 284.41 052154 DATE RANGE: 9/13/2011 THRU 99/99/9999 052156 50.00 052157 119,293.31 052158 3,868.00 CHECK VENDOR I.D. 052160 NAME STATUS DATE 11300 137.45 INTERNATIONAL CODE COUNCIL, IN R 9/26/2011 11650 052167 KENNEDY & GRAVEN, CHARTERED R 9/26/2011 1350 113.23 PRUDENTIAL GROUP INSURANCE R 9/26/2011 13582 052172 LOCATORS & SUPPLIES INC R 9/26/2011 14050 MTI DISTRIBUTING COMPANY R 9/26/2011 15050 MEDIACOM R 9/26/2011 15490 METRO BOWHUNTERS RESOURCE BASE R 9/26/2011 15800 MIDWEST ASPHALT CORP. R 9/26/2011 17475 MINNETONKA AQUATICS R 9/26/2011 20283 PARTS ASSOCIATES, INC. R 9/26/2011 20500 PETTY CASH R 9/26/2011 20805 PITNEY BOWES GLOBAL FIN. SVCS. R 9/26/2011 22950 SHOREWOOD TRUE VALUE R 9/26/2011 23500 SO LK MTKA POLICE DEPT R 9/26/2011 24600 CITY OF TONKA BAY R 9/26/2011 25452 TWIN CITY WATER CLINIC R 9/26/2011 26100 CENTURY LINK R 9/26/2011 27190 WACONIA FARM SUPPLY R 9/26/2011 28900 ZEE MEDICAL SERVICE R 9/26/2011 29101 SUN NEWSPAPERS R 9/26/2011 29266 METRO BLOOMS R 9/26/2011 29269 WARNER CONNECT R 9/26/2011 INVOICE AMOUNT DISCOUNT PAGE: 3 CHECK CHECK CHECK NO STATUS AMOUNT 052150 125.00 052151 101.96 052152 781.26 052153 284.41 052154 200.24 052155 47.12 052156 50.00 052157 119,293.31 052158 3,868.00 052159 76.17 052160 11.90 052161 334.70 052162 137.45 052165 82,642.00 052166 2,360.05 052167 100.00 052168 675.30 052169 113.23 052170 116.54 052171 60.00 052172 8,344.00 052173 2,800.00 9/22/2011 10:14 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood 847.47 052176 BANK: 1 BEACON BANK 65.96 052178 DATE RANGE: 9/13/2011 THRU 99/99/9999 052180 7,355.00 052181 9,440.00 052182 5,856.25 CHECK VENDOR I.D. 999999 NAME STATUS DATE 29271 244.75 DREW KRIESEL R 9/26/2011 29278 999999 CLASSIC CLEANING COMPANY R 9/26/2011 29285 130.50 CORPORATE MECHANICAL R 9/26/2011 29332 999999 ON SITE SANITATION INC R 9/26/2011 29343 PETE SEAMANS CONSTRUCTION R 9/26/2011 29387 FASCHING, GREGORY R 9/26/2011 29395 BOORSMA MASONRY, INC. R 9/26/2011 29407 NATIONAL RESEARCH CENTER, INC. R 9/26/2011 29408 GREGERSON, ROSOW, JOHNSON & NI R 9/26/2011 70200 VERIZON WIRELESS R 9/26/2011 00087 AFSCME CO 5 MEMBERS HEALTH FUN E 9/26/2011 01000 ADAM'S PEST CONTROL, INC E 9/26/2011 03325 BOYER FORD TRUCK, INC. E 9/26/2011 05305 COMMUNITY REC RESOURCES E 9/26/2011 10576 ADVANCED IMAGING SOLUTIONS INC E 9/26/2011 12900 LAKE MINNETONKA CONSERVATION D E 9/26/2011 15500 METRO COUNCIL ENVMT(WASTEWATER E 9/26/2011 19435 SPRINT E 9/26/2011 20268 PANCHYSITYN, JEAN E 9/26/2011 20950 KENNETH N. POTTS, P.A. E 9/26/2011 29248 EMERGENCY AUTOMOTIVE TECHNOLOG E 9/26/2011 INVOICE AMOUNT DISCOUNT PAGE: 4 CHECK CHECK CHECK NO STATUS AMOUNT 052174 934.28 052175 847.47 052176 1,024.47 052177 65.96 052178 1,650.00 052179 788.28 052180 7,355.00 052181 9,440.00 052182 5,856.25 052183 72.13 999999 408.00 999999 68.10 999999 244.75 999999 2,800.00 999999 74.00 999999 7,810.50 999999 59,486.26 999999 130.50 999999 150.59 999999 212.50 999999 9.35 9/22/2011 10:14 AM VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 9/13/2011 THRU 99/99/9999 VENDOR I.D. NAME A/P HISTORY CHECK REPORT CHECK STATUS DATE ** T O T A L S ** NO REGULAR CHECKS: 51 HAND CHECKS: 0 DRAFTS: 3 EFT: 11 NON CHECKS: 0 VOID CHECKS: 0 VOID DEBITS VOID CREDITS TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 65 BANK: 1 TOTALS: 65 REPORT TOTALS: 68 0.00 0.00 PAGE: 5 INVOICE CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT CHECK AMOUNT DISCOUNTS TOTAL APPLIED 284,348.20 0.00 284,348.20 0.00 0.00 0.00 14,874.38 0.00 14,874.38 71,394.55 0.00 71,394.55 0.00 0.00 0.00 0.00 0.00 0.00 370,617.13 0.00 370,617.13 370,617.13 0.00 370,617.13 370,617.13 0.00 370,617.13 09 -22 -2011 10:11 AM C O U N C I L REPORT BY VENDOR- SEPTEMBER 26, 2011 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT ABDO, EICK & MEYERS, LLP 9/26/11 2010 AUDIT General Fund Professional Svcs 6,972.00 TOTAL: 6,972.00 ADAM'S PEST CONTROL, INC 9/26/11 4TH QTR SVC General Fund Municipal Buildings 68.10 TOTAL: 68.10 ADVANCED IMAGING SOLUTIONS INC 9/26/11 MAINT SVC 08/15 -09/15 General Fund Municipal Buildings 74.00 TOTAL: 74.00 AFSCME CO 5 MEMBERS HEALTH FUND 9/26/11 CHARLIES DAVIS General Fund Unallocated Expenses 51.00 9/26/11 GREG FASCHING General Fund Unallocated Expenses 51.00 9/26/11 JOSEPH LUGOWSKI General Fund Unallocated Expenses 51.00 9/26/11 BRADLEY MASON General Fund Unallocated Expenses 51.00 9/26/11 CHRISTOPHER POUNDER General Fund Unallocated Expenses 51.00 9/26/11 DANIEL RANDALL General Fund Unallocated Expenses 51.00 9/26/11 BRUCE STARK General Fund Unallocated Expenses 51.00 9/26/11 TERRY TOWER General Fund Unallocated Expenses 51.00 TOTAL: 408.00 AFSCME COUNCIL 5 9/13/11 P/R DEDUCTS - UNION DUES General Fund NON - DEPARTMENTAL 305.92 TOTAL: 305.92 ANDERSON, KRISTI B. 9/26/11 PARK COMM MTG 09/13 General Fund Parks & Recreation 253.00 TOTAL: 253.00 BOORSMA MASONRY, INC. 9/26/11 CITY HALL SIGN Public Facility Fu Public Facility /Off Eq 3,970.00 9/26/11 SSCC - ELECTRONIC SIGN Southshore Communi Senior Community Cente 3,385.00 TOTAL: 7,355.00 BOYER FORD TRUCK, INC. 9/26/11 MIRRORS & MOUNTS General Fund Public Works 244.75 TOTAL: 244.75 BROWN, LAWRENCE 9/26/11 SIGN FOR CUB FOODS EXIT General Fund Traffic Control /Str Li 53.86 9/26/11 SEALCOAT TABS Street Capital Imp Street Capt Improvemen 156.80 TOTAL: 210.66 CARQUEST AUTO PARTS 9/26/11 PRESSURE HOSE General Fund Public Works 39.87 9/26/11 BATTERIES General Fund Public Works 138.73 9/26/11 BRAKE ROTOR & PAD General Fund Public Works 117.06 9/26/11 LUG NUTS & STUDS General Fund Public Works 5.96 9/26/11 FUEL FILTERS General Fund Public Works 19.21 TOTAL: 320.83 CENTURY LINK 9/26/11 SSCC- 08/13 -09/12 Southshore Communi Senior Community Cente 123.64 9/26/11 SEPT SVC Water Utility Water 315.23 9/26/11 SEPT Water Utility Water 236.43 TOTAL: 675.30 CITIES DIGITAL INC. 9/26/11 ROLLER KIT General Fund Municipal Buildings 75.56 TOTAL: 75.56 CITY OF TONKA BAY 9/26/11 SEALCOAT USED FR TONKA BAY Street Capital Imp Street Capt Improvemen 2,360.05 TOTAL: 2,360.05 CLASSIC CLEANING COMPANY 9/26/11 C.H. SVC General Fund Municipal Buildings 531.01 9/26/11 P.W. SVC General Fund Public Works 316.46 09 -22 -2011 10:11 AM VENDOR SORT KEY COMMERCIAL ASPHALT CO. COMMUNITY REC RESOURCES CORPORATE MECHANICAL CULLIGAN BOTTLED WATER DALE GREEN COMPANY DELEGARD TOOL COMPANY DREW KRIESEL EFTPS - FEDERAL W/H C O U N C I L REPORT BY VENDOR- SEPTEMBER 26, 2011 DATE DESCRIPTION FUND DEPARTMENT PAGE: 2 AMOUNT TOTAL: 847.47 9/26/11 TACK OIL General Fund Streets & Roadways 187.03 TOTAL: 187.03 9/26/11 PARK COORDINATOR SERVICES General Fund Parks & Recreation 2,520.00 9/26/11 SSCC ASSISTANT Southshore Communi Senior Community Cente 280.00 TOTAL: 2,800.00 9/26/11 SSCC - REPLACE THERMOSTATE Southshore Communi Senior Community Cente 374.78 9/26/11 SSCC -FALL SEMI ANNUAL MAIN Southshore Communi Senior Community Cente 649.69 TOTAL: 1,024.47 9/26/11 DRINKING WATER SVC General Fund Municipal Buildings 64.21 9/26/11 SSCC -SOLAR SALT Southshore Communi Senior Community Cente 50.85 TOTAL: 115.06 9/26/11 PUL MIX General Fund Streets & Roadways 285.36 TOTAL: 285.36 9/26/11 PULLEY PULLER & CLAMPS & P General Fund Public Works 309.75 TOTAL: 309.75 9/26/11 CONTRACT SVC Southshore Communi Senior Community Cente 450.00 9/26/11 GENERAL SUPPLIES Southshore Communi Senior Community Cente 234.28 9/26/11 SUPPLIES RENTAL Southshore Communi Senior Community Cente 250.00 TOTAL: 934.28 9/13/11 FEDERAL W/H General Fund NON - DEPARTMENTAL 4,935.39 9/13/11 FICA W/H General Fund NON - DEPARTMENTAL 2,123.54 9/13/11 MEDICARE W/H General Fund NON - DEPARTMENTAL 733.13 9/13/11 FICA W/H General Fund Administration 281.59 9/13/11 MEDICARE W/H General Fund Administration 65.85 9/13/11 FICA W/H General Fund General Government 380.64 9/13/11 MEDICARE W/H General Fund General Government 89.02 9/13/11 FICA W/H General Fund Finance 299.70 9/13/11 MEDICARE W/H General Fund Finance 70.08 9/13/11 FICA W/H General Fund Planning 282.54 9/13/11 MEDICARE W/H General Fund Planning 66.07 9/13/11 FICA W/H General Fund Protective Inspections 210.31 9/13/11 MEDICARE W/H General Fund Protective Inspections 49.19 9/13/11 FICA W/H General Fund City Engineer 185.92 9/13/11 MEDICARE W/H General Fund City Engineer 43.49 9/13/11 FICA W/H General Fund Public Works 598.80 9/13/11 MEDICARE W/H General Fund Public Works 140.04 9/13/11 FICA W/H General Fund Streets & Roadways 85.44 9/13/11 MEDICARE W/H General Fund Streets & Roadways 19.99 9/13/11 FICA W/H General Fund Sanitation/Weeds/Waste 8.49 9/13/11 MEDICARE W/H General Fund Sanitation/Weeds/Waste 1.98 9/13/11 FICA W/H General Fund Tree Maintenance 71.69 9/13/11 MEDICARE W/H General Fund Tree Maintenance 16.76 9/13/11 FICA W/H General Fund Parks & Recreation 305.30 9/13/11 MEDICARE W/H General Fund Parks & Recreation 71.40 9/13/11 FICA W/H Southshore Communi Senior Community Cente 71.13 9/13/11 MEDICARE W/H Southshore Communi Senior Community Cente 16.64 9/13/11 FICA W/H Water Utility Water 110.49 09 -22 -2011 10:11 AM C O U N C I L REPORT BY VENDOR- SEPTEMBER 26, 2011 PAGE: 3 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT 9/13/11 MEDICARE W/H Water Utility Water 25.85 9/13/11 FICA W/H Sanitary Sewer Uti Sewer 155.45 9/13/11 MEDICARE W/H Sanitary Sewer Uti Sewer 36.36 9/13/11 FICA W/H Recycling Utility Recycling 3.13 9/13/11 MEDICARE W/H Recycling Utility Recycling 0.73 9/13/11 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 84.16 9/13/11 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 19.68 TOTAL: 11,659.97 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC 9/26/11 REPAIR NIGHTSTICK FLASHLIG General Fund Public Works 9.35 TOTAL: 9.35 FASCHING, GREGORY 9/26/11 SEC 125 EXP General Fund NON - DEPARTMENTAL 188.28 9/26/11 DEPENDENT CARE EXP General Fund NON - DEPARTMENTAL 600.00 TOTAL: 788.28 GREGERSON, ROSOW, JOHNSON & NILAND, LT 9/26/11 ZONING VIOLATION HRG -JOHNS General Fund Professional Svcs 5,856.25 TOTAL: 5,856.25 HENN CTY INFO TECHNOLOGY DEPT 9/26/11 800MHZ RADIO General Fund Public Works 64.00 TOTAL: 64.00 ICMA RETIREMENT TRUST - 302131 -457 9/13/11 P/R DEDUCTS - DEFERRED COM General Fund NON - DEPARTMENTAL 1,435.96 9/13/11 P/R DEDUCTS - DEFERRED COM General Fund NON - DEPARTMENTAL 125.04 TOTAL: 1,561.00 INTERNATIONAL CODE COUNCIL, INC. 9/26/11 2011 GOVT MEMBER DUES General Fund Protective Inspections 125.00 TOTAL: 125.00 KENNEDY & GRAVEN, CHARTERED 9/26/11 RON JOHNSON LITIGATION General Fund Professional Svcs 101.96 TOTAL: 101.96 KENNETH N. POTTS, P.A. 9/26/11 EVERETT FORFEITURE -1993 HO General Fund Professional Svcs 212.50 TOTAL: 212.50 LAKE MINNETONKA CONSERVATION DISTRICT 9/26/11 3RD QTR LEVY PYMT General Fund Council 7,810.50 TOTAL: 7,810.50 LOCATORS & SUPPLIES INC 9/26/11 SAFETY VEST SUPPLIES General Fund Streets & Roadways 71.10 9/26/11 SAFETY VEST SUPPLIES Water Utility Water 71.10 9/26/11 SAFETY VEST SUPPLIES Sanitary Sewer Uti Sewer 71.10 9/26/11 SAFETY VEST SUPPLIES Stormwater Managem STORMWATER MANAGEMENT 71.11 TOTAL: 284.41 MEDIACOM 9/26/11 CREDIT General Fund Public Works 3.83- 9/26/11 SVC 9/16 -10 /15 Southshore Communi Senior Community Cente 50.95 TOTAL: 47.12 MEDICA 9/26/11 MEDICAL PREM General Fund Unallocated Expenses 15,195.16 9/26/11 MEDICAL PREM General Fund Unallocated Expenses 140.00 TOTAL: 15,335.16 METRO BLOOMS 9/26/11 BECKMAN SWALE- DESIGN & INS Stormwater Managem STORMWATER MANAGEMENT 2,150.00 9/26/11 BECKMAN SWALE -PLANT MATERI Stormwater Managem STORMWATER MANAGEMENT 3,210.00 9/26/11 SMTWN IN -PLANT MATERIALS Stormwater Managem STORMWATER MANAGEMENT 984.00 9/26/11 SMTWN IN - DESIGN & INSTALL Stormwater Managem STORMWATER MANAGEMENT 1,200.00 09 -22 -2011 10:11 AM C O U N C I L REPORT BY VENDOR- SEPTEMBER 26, 2011 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT 9/26/11 WATERFORD POND- DESIGN & IN Stormwater Managem STORMWATER MANAGEMENT 800.00 TOTAL: 8,344.00 METRO BOWHUNTERS RESOURCE BASE 9/26/11 2011 DEER MGMT General Fund Planning 50.00 TOTAL: 50.00 METRO COUNCIL ENVMT(WASTEWATER) 9/26/11 WASTEWATER SVC Sanitary Sewer Uti Sewer 59,486.26 TOTAL: 59,486.26 MIDWEST ASPHALT CORP. 9/26/11 PV #1 -PROJ# 11 -08 -MILL /OVER Street Capital Imp Street Capt Improvemen 119,293.31 TOTAL: 119,293.31 MINNESOTA LIFE 9/26/11 LIFE INS General Fund Unallocated Expenses 433.91 TOTAL: 433.91 MINNETONKA AQUATICS 9/26/11 2011 SUMMER LIFEGUARDING S General Fund Parks & Recreation 3,868.00 TOTAL: 3,868.00 MISC. VENDOR BUDGET PRINTING & AWAR 9/26/11 PLAQUE & LOGO SET UP General Fund Council 42.91 LINN STAR TRANSFER, IN 9/26/11 5650 GRAND LORENZ RD -DUPLI General Fund NON - DEPARTMENTAL 35.00 LINN STAR TRANSFER, IN 9/26/11 5650 GRAND LORENZ RD -DUPLI General Fund NON - DEPARTMENTAL 5.00 WIDVEY, MARK & SUZAN 9/26/11 10- 255012 -02 Water Utility NON - DEPARTMENTAL 132.51 TOTAL: 215.42 MN DEPT OF REVENUE 9/13/11 STATE W/H General Fund NON - DEPARTMENTAL 2,122.02 TOTAL: 2,122.02 MTI DISTRIBUTING COMPANY 9/26/11 UNIVERSAL JOINT MOWERS General Fund Public Works 200.24 TOTAL: 200.24 NATIONAL RESEARCH CENTER, INC. 9/26/11 2011 CITIZEN SURVEY General Fund Council 9,440.00 TOTAL: 9,440.00 NCPERS MINNESOTA 9/13/11 UNIT #762400 MONTHLY LIFE General Fund NON - DEPARTMENTAL 32.00 TOTAL: 32.00 ON SITE SANITATION INC 9/26/11 BIRCH BLUFF ROAD General Fund Parks & Recreation 65.96 TOTAL: 65.96 PANCHYSITYN, JEAN 9/26/11 COUNCIL PHOTO PRINTS General Fund Council 9.60 9/26/11 GLASS FOR COUNCIL PHOTO FR General Fund Council 13.00 9/26/11 JUL -SEPT WELLNESS REIM General Fund General Government 120.00 9/26/11 COFFEE @ CUB FOODS General Fund Municipal Buildings 7.99 TOTAL: 150.59 PARTS ASSOCIATES, INC. 9/26/11 SHOP PAINT General Fund Public Works 76.17 TOTAL: 76.17 PERA 9/13/11 P/R DEDUCTS -PERA General Fund NON - DEPARTMENTAL 3,294.00 9/13/11 P/R DEDUCTS -PERA General Fund Administration 339.41 9/13/11 P/R DEDUCTS -PERA General Fund General Government 446.14 9/13/11 P/R DEDUCTS -PERA General Fund Finance 361.17 9/13/11 P/R DEDUCTS -PERA General Fund Planning 363.17 9/13/11 P/R DEDUCTS -PERA General Fund Protective Inspections 273.47 9/13/11 P/R DEDUCTS -PERA General Fund City Engineer 218.12 9/13/11 P/R DEDUCTS -PERA General Fund Public Works 737.66 09 -22 -2011 10:11 AM C O U N C I L REPORT BY VENDOR- SEPTEMBER 26, 2011 PAGE: 5 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT 9/13/11 P/R DEDUCTS -PERA General Fund Streets & Roadways 101.53 9/13/11 P/R DEDUCTS -PERA General Fund Sanitation/Weeds/Waste 10.31 9/13/11 P/R DEDUCTS -PERA General Fund Tree Maintenance 86.10 9/13/11 P/R DEDUCTS -PERA General Fund Parks & Recreation 380.60 9/13/11 P/R DEDUCTS -PERA Southshore Communi Senior Community Cente 83.17 9/13/11 P/R DEDUCTS -PERA Water Utility Water 132.69 9/13/11 P/R DEDUCTS -PERA Sanitary Sewer Uti Sewer 185.44 9/13/11 P/R DEDUCTS -PERA Recycling Utility Recycling 3.66 9/13/11 P/R DEDUCTS -PERA Stormwater Managem STORMWATER MANAGEMENT 98.42 TOTAL: 7,115.06 PETE SEAMANS CONSTRUCTION 9/26/11 REPAIR BADGER PARK WRMG HO Park Capital Impro Park Capital Improveme 1,650.00 TOTAL: 1,650.00 PETTY CASH 9/26/11 WATER SAMPLER Water Utility Water 6.70 9/26/11 WATER SAMPLER Water Utility Water 5.20 TOTAL: 11.90 PITNEY BOWES GLOBAL FIN. SVCS., LLC 9/26/11 4TH QTR POSTAGE RENTAL General Fund Municipal Buildings 334.70 TOTAL: 334.70 PRUDENTIAL GROUP INSURANCE 9/26/11 LIFE INSURANCE General Fund Unallocated Expenses 781.26 TOTAL: 781.26 SHOREWOOD TRUE VALUE 9/26/11 LAMP General Fund Public Works 45.95 9/26/11 PLEAT FUR FILTER General Fund Public Works 4.80 9/26/11 SILLCOCK HANDLE General Fund Public Works 7.03 9/26/11 LAMP BALLAST RETURN General Fund Public Works 39.79- 9/26/11 SPRAY PAINT General Fund Public Works 14.40 9/26/11 WIRE CONNECTOR General Fund Public Works 7.34 9/26/11 BULK General Fund Public Works 3.41 9/26/11 BULK General Fund Public Works 1.92 9/26/11 PARTS General Fund Public Works 32.78 9/26/11 PARTS General Fund Public Works 3.30 9/26/11 ELBOW - COUPLING General Fund Public Works 3.60 9/26/11 BULK General Fund Parks & Recreation 13.50 9/26/11 BULK General Fund Parks & Recreation 17.14 9/26/11 CONNECTOR & COUPLER Water Utility Water 15.04 9/26/11 ADHESIVE Stormwater Managem STORMWATER MANAGEMENT 7.03 TOTAL: 137.45 SO LK MTKA POLICE DEPT 9/26/11 OPERATING BUDGET EXPENSE General Fund Police Protection 82,642.00 TOTAL: 82,642.00 SPRINT 9/26/11 SVC 08/13 -09/12 Water Utility Water 65.25 9/26/11 SVC 08/13 -09/12 Sanitary Sewer Uti Sewer 65.25 TOTAL: 130.50 SUN NEWSPAPERS 9/26/11 INDOOR GARAGE SALE -SSCC 9/ Southshore Communi Senior Community Cente 60.00 TOTAL: 60.00 TWIN CITY WATER CLINIC 9/26/11 COLIFORM BACTERIAS Water Utility Water 100.00 TOTAL: 100.00 VERIZON WIRELESS 9/26/11 BRAD CEL - 08/13 -09/12 General Fund Planning 72.13 TOTAL: 72.13 09 -22 -2011 10:11 AM C O U N C I L REPORT BY VENDOR- SEPTEMBER 26, 2011 PAGE: 6 VENDOR SORT KEY DATE DESCRIPTION FUND TOTAL: DEPARTMENT AMOUNT WACONIA FARM SUPPLY 9/26/11 SAFETY CHAPS CHAIN SAW General Fund Tree Maintenance 113.23 TOTAL: 113.23 WARNER CONNECT 9/26/11 MAINT SVC General Fund Municipal Buildings 2,800.00 TOTAL: 2,800.00 WELLS FARGO HEALTH BENEFIT SVCS 9/13/11 P/R DEDUCTS -HSA General Fund NON - DEPARTMENTAL 803.94 9/13/11 P/R DEDUCTS -HSA General Fund General Government 288.45 TOTAL: 1,092.39 ZEE MEDICAL SERVICE 9/26/11 FIRST AID KITS RESTOCK General Fund Public Works 116.54 TOTAL: 116.54 * *PAYROLL EXPENSES 9/12/2011 - 99/99/9999 General Fund Administration 4,681.55 General Fund General Government 6,153.54 General Fund Finance 4,981.78 General Fund Planning 5,009.30 General Fund Protective Inspections 3,771.77 General Fund City Engineer 3,008.46 General Fund Public Works 10,174.65 General Fund Streets & Roadways 1,400.26 General Fund Sanitation/Weeds/Waste 142.12 General Fund Tree Maintenance 1,187.51 General Fund Parks & Recreation 5,249.99 Southshore Communi Senior Community Cente 1,147.20 Water Utility Water 1,830.20 Sanitary Sewer Uti Sewer 2,557.75 Recycling Utility Recycling 50.48 Stormwater Managem STORMWATER MANAGEMENT 1,357.45 TOTAL: 52,704.01 FUND TOTALS 101 General Fund 213,019.50 401 Public Facility Fund 3,970.00 402 Park Capital Improvements 1,650.00 404 Street Capital Improvemen 121,810.16 490 Southshore Community Ctr. 7,227.33 601 Water Utility 3,046.69 611 Sanitary Sewer Utility 62,557.61 621 Recycling Utility 58.00 631 Stormwater ManagementUtil 9,981.85 GRAND TOTAL: 423,321.14 ------------------------- - - - - -- TOTAL PAGES: 6 #36 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Appeal Zoning Violation Notice — Naomi Carlson Meeting Date: 26 September 2011 Prepared by: Brad Nielsen Reviewed by: Attachments: ExhibitA — Administrative Notice ExhibitB - Photos Exhibit C — Appellant's Appeal Letter Policy Consideration: Should Naomi Carlson be given additional time to correct a zoning violation on her property? Background: Naomi Carlson owns the property at 5955 Cathcart Drive. A couple of weeks ago, our office received resident complaints alleging that she had begun hauling in and storing several vehicles and pieces of equipment on the back of her property. Upon inspection the complaints were found to be accurate and an Administrative Notice of a Zoning Violation was sent to Ms. Carlson (see Exhibit A). She subsequently called our office to discuss the matter and, on the phone, agreed to correct the violation, but needed additional time to clean out a large accessory building in which she would store the equipment. Staff advised her that the Code requires her appeal for additional time needs to be in writing. Her letter (Exhibit B) asks for additional time for her attorney and contractor client to "fully review and discuss the zoning ordinance pertaining to her property ". No mention is made of the time she may need for compliance. Financial or Budget Considerations: Pursuit of an Administrative Penalty requires time and expense of staff and hearing officer — amount undetermined. Options: The City Council has routinely granted extensions of up to 30 days in cases where the property owner shows good faith in correcting a violation. Staff suggests that the appellant has had ample time to review and discuss the code with her attorney and client contractor. It is worth noting that the items in question were brought in over the period of 1 -2 days. Removal of them should take no longer than that. Recommendation / Action Requested: The appeal letter lacks the indication of good faith expressed in the appellant's telephone conversation with staff. If the Council is inclined to grant additional time for compliance, it should come with restrictions. Staff recommends that the appellant be given until 10 October to remove at least half of the offending items. If she meets that condition, she should be given until 24 October to achieve full compliance. Failure to comply with either of the extension deadlines should result in the imposition of a Class C ($300) Administrative Penalty. Next Steps and Timelines: If Council agrees with the above recommendation, staff will reinspect the property on 10 and 24 October, respectively. Connection to Vision / Mission: Code enforcement contributes to a healthy environment and sustainable tax base. 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 12 September 2011 Ms. Naomi Carlson 5955 Cathcart Drive Shorewood, MN 55331 Re: Alleged Zoning Violations — 5955 Cathcart Drive Property ID 932- 117 -23 -31 -0015 Dear Ms. Carlosn: Our office has received resident complaints alleging that certain zoning violations have occurred on the above - referenced property, owned by you. Upon inspection of the premises, these allegations were found to have merit. The following violation of Shorewood's Zoning Code (Chapter 1201) was found: Storage of vehicles, equipment and machinery not owned and registered to the resident of the property. Failure to screen outdoor storage It is apparent that you have begun storing various items for other people. Section 1201.10 Subd. 3. of the Shorewood Zoning Code, a copy of which is attached, specifically lists accessory uses that are incidental to the residential use of the property. Rental outdoor storage is not incidental to residential use and must be discontinued humediatety. Pursuant to Section 104 of the Shorewood City Code, you are hereby ordered to remove any equipment, machinery or vehicles that are not currently licensed and registered to a resident of the subject property by 26 September 2011. Failure to do so will result in the issuance of an administrative citation. You are advised that zoning violations are a Class C offense, for which the penalty is $300. If you wish to appeal this order to the City Council, you must do so in writing, by 23 September 2011. Your appeal must state why you can not or will not correct the violation, or if you request additional time for compliance - how much time? Your written appeal will stop further action until such time as the City Council has considered the matter. Exhibit A �� NaiNT_o ON recvaeD PFeeux Ms. Naomi Carlson 12 September 2011 Page 2 If you have any questions relative to this letter, please do not hesitate to contact me on or before that date by phone at 952- 960 -7912 or by e -mail: bniel @ ci.shorewood.nm. us. CITY OF SHOREWOOD Bradley J. Nielsen Planning Director Cc: Brian Heck Tines cane atti I�e1g. Joe Pazandalc fi .� f /x.- C 4 - +l Exhibit C Sr P 21 Tail 1 1) -� MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 26 September 2011 RE: Carlson - Appeal FILE NO. Property (5955 Cathcart) I met today with Naomi Carlson and her contractor client. She provided anew appeal letter (attached), indicating that the equipment would be removed by 1 November. Staff revises its earlier recommendation to coincide with the appeal deadline. Cc: Brian Heck Tim Keane 1: (2 #6B U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: LMCC 2012 Budget and Report by Representative Ken Hendrickson Meeting Date: September 26, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Attachments: 2012 LMCC Budget and Presentation Background: The Lake Minnetonka Communications Commission (LMCC) has submitted its 2012 budget for Council's review and approval. City of Shorewood Board Representative and Budget Committee Chair, Ken Hendrickson, will be present this evening to review the budget and answer any questions from Council. Action Requested: 1) Motion approving the LMCC 2012 Budget as presented. 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 O, COMMISSION — C " LAKE MINNETONKA 4071 SUNSET DRIVE -BOX 385 • SPRING PARK, MN 55384 -0385 - 952.471 .7125 -FAX 952.471 .9Lkk- Imcc ©Imcc - tv.org August 23, 2011 DEEPHAVEN EXCELSIOR RE: Approval of LMCC 2012 Budget Dear Mayor and Council Members: v The Lake Minnetonka Communications Commission (LMCC) passed the enclosed GREENWOOD budget for 2012, at the last full LMCC meeting on August 16, 2011. INDEPENDENCE This budget is not funded with tax dollars, but rather a cable company franchise fee paid annually to the LMCC. We are also receiving a PEG (public, educational, governmental) access fee for community use of the production studio. LONG LAKE I am submitting the budget to all city members of the LMCC for review and approval LORETTO according to our Joint Powers Agreement. A particular item to note is the expenditure for agenda parsing. This was due to surveying the cities and having ten cities respond MAPLE PLAIN that they would support funding for this service. Please send me the minutes or resolution of your actions regarding the LMCC Budget as we keep a record of MEDINA approval on file at the LMCC Offices. MINNETONKA If you would like me to attend your council meeting to answer any questions please let BEACH me know the date and time of the meeting or the time I would be placed on the agenda. The LMCC needs approval of the majority of the cities to proceed with the proposed MINNETRISTA budget. We would appreciate your approval at your September Council meeting. ORONO Thank you for your continued support and use of the television facilities and your participation in our programming on Tonka Report, with your city events and with any ST. BONIFACILIS election coverage of candidates. SHOREWOOD Sincerely, LAKE MINNETONKA COMMUNICATIONS COMMISSION SPRING PARK TONKA BAY Sally Koenecke VICTORIA Executive Director WOODLAND Enclosure Lake Minnetonka Communications Commissions 2012 Proposed.Budget. Franchise Studio Total Administration Capital All Funds Revenues Franchise Fees 175,500 312,877 488,377 PEG Fees 106,032 106,032 Mound Usage Fees 45,378 45,378 Studio Rental Dub Fees 2,000 2,000 Interest 2,200 2,200 Insurance Refund 250 250 Projected Total Revenue 175,500 468,737 644,237 Expenses Projected Total Fr. Exp. And Studio Salaries 175,346 309,406 484,752 Projected Total Studio Capital Expenses 112,740 112,740 Communications Education and Assessment 18,000 Carpet and Furniture Capital Replacement 23,400 Franchise Fee Audit 14,000 Franchise Renewal Expense 20,000 Capital Equipment Budget Proposed 2012 Capital Budget 15.550 Projected Total Expenses (Fr.Exp. Stu.Salaries, Stu.Cap., Cap.Equip.) 688,442 Fund Balance Projected 2012 Beginning Fund Balance 509,138 Projected 2012 Revenues 644.237 Total Fund Balance and 2012 Revenues 1, 153,375 Projected Total Expenses 688.442 ProjectedFund Balance Before Contingency 464,933 Contingency 34,422 Projected 2012 Balance After Contingency 430,511 Mortgage Payoff (one time expenditure) 119:880 Projected 2012 Remaining Fund Balance 310,631 Revenues do not include potential recovery of unpaid revenue due from prior years. To be reviewed in 2012 Assumptions: Approval of 546,574 (partial 2011 contingency) for lighting in 2011 Option to pay off the mortgage starting in June 2012 Lake Minnetonka Communications Commission 2012 Proposed. Budget _F_ranchisc Administration Expenses Personal Services 101 Salaried Full -time 103 Salaried Part-time 121 Pera Cont, 122 FICA Coal. 131 Health insurance 151 Workers Comp. Insurance Total Personal Services Supplies 200 Office Supplies 210 Special Events/Menings 220 Repair .& MainL Supplies Total Supplies Professional Services 301 Accounting/Audit Fees 304 Legal Fees 314 Payroll Services 318 Janitorial Services 319 Security Services 325 Computer /Consulting 326 Training Total Professional Services O_iher Services a-nd h roes 309 Copier Expense 321 Telephone /Communications 322 Postage 331 Travel School & Conference 332 Mileage 350 Printing and Publishing 360 Insurance 380 Utilities 384 Refuse & Recycling Collection 401 Contracted Building Repair 404 Maint Repair Equip. 411 Mortgage Interest Exp. (Formedy Rent) 413 Equipment Rental 433 Dues & Subscriptions 438 Property Taxes 439 Contingency 440 Advertising 395 Bank Finance fee 443 Licenses Total Other Charges Ca pital Oneay 411 mortage interest 599 Building Improvements Total Expenditures 2010 2010 2011 2011 2011 2012 Adopted Actual Proposed 6 Me, Proj Projected Proposed 45,946 47,517 47,824 23,215 47,824 49,019 22,309 23,282 33,000 14,000 28,000 33,825 4,790 5,866 5,819 2,909 5,819 6,012 5,660 6,803 6,415 3,207 6,415 6,970 11,000 15,303 11,500 6,746 11,500 15,500 700 703 715 383 766 775 90,4 99,474 105,273 50,460 100,324 112,101 1,300 1,495 1,300 600 1,200 1,500 500 356 525 263 525 525 200 3;500 0 200 100 200 200 2,000 1,851 1925 225 6,220 7,455 6,450 3,500 6,450 7,000 3,000 8,412 10,000 3;500 9,000 10,000 700 661 800 400 800 800 1,200 877 1,200 500 1,200 1,200 470 415 470 235 470 470 1,250 305 1,250 625 1,250 1,250 400 200 400 150 400 400 13,2 18, 2 4,700 2,350 19,570 1 120 3,000 3,155 3,250 1,655 3,250 3,300 1,100 1,024 1,100 550 1,100 1,100 1,300 990 1,300 480 1,300 1,300 9,000 6,629 9,000 4,000 9;000 8,500 670 2,428 680 340 680 680 1,800 1,105 1,500 650 1.500 1,500 2,000 1,823 2,200 1,737 2,000 2,000 4,700 3,305 4,700 2,350 4,700 4,700 400 398 500 380 500 500 1,500 1,593 2,000 600 2,000 2,000 250 755 250 300 400 400 3,186 2,786 3,050 1,200, 3,000 0 300 0 200 50 200 200 1,800 1,853 2,000 1,000 2,000 2,000 0 0 0 0 0 0 1,260 3,025. 3,000 800 3,000 3,000 3W 13 300 150 300 400 20 40 20 16 20 20 200 174 100 250 250 250 32,726 3L096 _ 35,150 16,311Z 35,200 31850 3,050 2.000 454 5,000 1,500 5 000 5 000 140,371 151,200 168,016 78,341 162,019 175,346 Lake Minnetonka Communications Commission 2012 Proposed- Budget Access Studio Ortemdria Total Supplies 5,820 4,275 5,800 1,890 4,620 5,860 Professional Services 2010 2010 2011 2011 2011 2012 301 Acct. Fees Adapted Actual Proposed 6 Mo. Proj. Projected Proposed Personal Services 25,825 22,765 26,000 13,000 26,000 26,000 101 Salaried Full-time 173,555 177,568 201,700 100,850 201,700 206;742 103 Hourly Part -time 24,720 32,494 13,612 13,612 27,224 42,904 121 Pere Cont. 13,130 13,687 14,500 5,500 14,500 14,860 122 FICA Coat 14,420 14,574 16,500 7,000 15,500 16,900 131 Health Insurance 25,417 26,056 25,417 12,000 25,417 27,000 151 Workers Camp. Insurance 815 914 920 498 996 1000 Total Personal Services 252,057 265,293 272,649 139,460 285 309,406 Access Studio Capital Other Services and Charges Supplies 309 Copier Expense 200 Office Supplies 1,160 1,495 1,200 550 1,200 1,600 210 Special EventslMeetings 1,160 832 1,200 400 900 1,200 220 Repair & Mamt. Supplies 400 - 400 40. 200 400 225 Studio Expendables 3,100 1,948 3,000 900 2,500 2,750 Total Supplies 5,820 4,275 5,800 1,890 4,620 5,860 Professional Services 301 Acct. Fees 6,220 7,455 6,450 3,225 6,450 7,000 302 Access Contractors 25,825 22,765 26,000 13,000 26,000 26,000 304 legal Pees 2,000 3,785 3,000 1500 3,000 3,000 314 Payroll Services 1,850 1,542' 1,900 650 1,300 1,600' 318 Janitorial Services 2,575 2,045 2,575 1,100 2,250 2,675 319 Security Services 450 4I5 470 250 470 470 325 Consulting- computer 3,000 712 3,000 465 3,000 4,000 310 Training 600 200 600 150 500 600 Total Professional Services 42,520 38,919 43,995 42,970 45,146 Other Services and Charges 309 Copier Expense 3,000 3,155 3,250 1,621 3,250 3,260 321 Telephone/Communicat 2,550 2,389 2,550 1,259 2,550 2,560 322 Postage 1,350 990 1,350 425 1,000 1,250 331 Travel School & Conference 4,770 3,215 4,770 1,500 4,500 4,770 332 Mileage 1,000 634 1,000 500 1,000 1 350 Printing and Publishing 1,800 1,105 1,800 400 1,400 1,600 360 Insurance 4,478 4,254 4,500 2,028 4,055 4,500 380 Utilities 10,000 7,711 10,500 4,500 9,500 1,000 384 Refuse & Recycling Collection 500 398 550 365 550 575 401 Contracted Building Repair 1,500 1,593 1,500 600 1,600 1,750 404 Maint. Repair Equip. 2,000 841 2,000 300 2,000 2,000 411 MortgageLUerestExper 9,560 8,357 9,020 0 0 0 413 Equipment Rental 500 300 0 300 100 433 Dues & Subscriptions 1,800 1,853 2,250 900 1,900 2,100 438 Property Taxes - - - 0 0 0 439 Contingency 1,300 3,025 1,300 640 1,300 2,000 440 Advertising 1,000 189 1 630 1,000 3,000 441 Van Operation 1,500 318 2,000 400 1,750 2,000 442 WebstreamingBroadband 10,585 4,353 11,000 2,750 7,000 8,000 443 Licenses 350 521 350 360 660 700 Total Other Charges - 59,543 44,901 52,070 19 178 45,215 42,246 Total Expenditures 107,883 88,095 101,865 41,408 92,605 93,240 Building Improvements 1,100 457 5,000 1,000 5,000 10,000 411 Mortgage Interest Expense 3,500 9,020 9500 Total 361,040 353,845 388,534 185,368 392,167 422,146 2012 Capital Budget Updated On 8110111 De �rifiqn: Misc. Equipment Needs: Mfg.. x CQ ;Total: 4 _Samsung D\PIVCR Recorders Canon XI-2 Batteries Samsung_ I Canon DVDVR375 BP-976 i $179.99 $155.00 $13.50 $11.63 2 4 r- $'386.98 $666.52 Pa DVC Batteries Panasonic - CGP-D28 ---- $5 - 3.00 --- �3 - .98 -- 44 - $227,92 10 2 25'XLR Cables Monitors Whirlwind - , - MK4-25 ,__TFTV1525 $21.00 $125.00 $1.58 $9.38 10 2S$268.76 $225�80 4 25' Grounded Extension Cords Master Elec, 251be $12.9 $9.74 - i t 4 $90.92 2 - After Effects Software Adobe After - Effects c35 $999.99 $75.00 f 2 $2,149,98 4 Lav Microphones Sony ECM-44B $229.95 $17.25 4 $988.80 Routers for Final Cut Systems Knox 1 RS4 x 4HB $940-00 $7O. �07 :: $2,02 1 -- 2 2 ---,--- 4 Monitor LCD Panel Display - Van - (jD Panel Display - V an Monitor L Marshall 1�41P V-R82DP $1,199.00 $1,689.00 $89.93 $126.68 1 1 $1,288.93 $1,851.68 1 1 Replacement Laptop for Jim - Workstation Sony 370mi3 $549.99 $41.25 1 $591.24 1 1 New for Control Room HP Phenorn 11 840T ---- $ - 599.00 $45.00 1 $644.99 I I Dry Erase Easel MasterVision BVCQR5507 $719.99 $54.00 1 $773,99 Subtotal Misc: $12,177.61 Agenda Parsing 1 I Open Platform Government Transparency Suite Granicus Grani cus Ilcus $0.00 $2,012.50 $500.00 $0.00 $150.94 -7 $1 15 1 1 1 00 - $2 - ,16 - 3.44 - $637.5 - 0 - ' -- 1 I Traininq Granicus $500.00 $37 1 $537.50 Granicus $125,00 $9.38 1 $134 Note: Annual Fee of $6000.00 Subtotal Agen a Parsing: $3,372.82 Note. AddiStaff Cost $15000.00 i Total Capit Updated On 8110111 DT: July 14, 2011 TO: All LMCC Commissioners FM: Sally Koenecke RE: Budget Process Summary At the February Full Commission Meeting I identified a need to clarify the LMCC yearly budget process, especially for new LMCC commissioners. The commission involvement part of the budget process begins in April of each year. This was established prior to my employment with the LMCC and had been implemented by the previous Executive Director. I have continued that part. The staff strategic planning is initiated by me in January every year to allow for staff planning prior to the Budget Committee meeting in May. Outline of LMCC Budget Process: January: Staff holds a strategic planning meeting and reviews the five -year equipment Proposal as well as creates a yearly strategic plan with goals_ to be achieved. Staff makes a list of considerations for future discussion and reviews the current year's budget considerations as well as makes other projections. Staff may identify areas that the commission had not taken action on for further consideration: These items are listed for consideration and submitted to the Budget Committee. Staff identifies conferences or seminars that may add information to the research that has been undertaken on all budgeted considerations. Staff begins to make the purchases that were approved for the current year's budget and implements the training and installation. Feb., March, April: Staff continues to work on the implementation of the current year's budget and identifies and researches future needs to be considered by the committee. May: The Budget Committee is established in April with the selection of a Chair. A preliminary meeting is set in May to have the committee meet, review the current budget, to look: at the current franchise fees, to review expenditures of the current budget and to discuss any budgetary items that need further consideration. They also identify new areas of budget consideration. These generally originate from committees. June: Completion of the yearly audit. These figures also help for budget accuracy. Executive Director does an analysis of the May financial statement for franchise fees and actual expenditures to formulate estimates on the potential costs for the next year. This serves to determine if we are on target and where we need to be for the current year or whether costs have escalated or declined. I then prepare a preliminary budget based on L)The staff's strategic plan, 2.) the budget committee recommendations, 3.)the five month actual figures. A meeting of the Budget Committee in June serves to refine the preliminary budget. July: The Budget Committee meets in July to review the preliminary budget and make any further changes to the preliminary budget. The Executive Committee then reviews it at the Executive Committee meeting and makes any changes to the budget. August: The budget goes to the Full Commission for approval. September: The budget goes to the cities for approval. A summary letter with the explanation of the budget is sent with the budget. The Executive Director offers to attend city council meetings to present the budget if the cities want her attendance: Hennepin County Fact Sheet Hennepin County - Fast Facts Hennepin County Public Affairstca 09/11 Media contacts Basic stats Carol Allis, Public Affairs • Hennepin is the 33rd largest county in the U.S. by population. • Largest of Minnesota's 87 counties in population, budget and estimated property value. Website • 611 square miles; more than 100 lakes; 45 cities, one township, one unorganized territory (Fort Snelling) and the Metropolitan Airport. www.hennepin.us • 1.2 million residents — approximately 22 percent of the population of Minnesota and 41 percent of the metropolitan population. Approximately Fast facts one -third of Hennepin residents live in Minneapolis, the count) seat. • Median family income: $61,387 • Hennepin County has 1.2 • Median age: 38 million residents — approximately 22 percent of the population of • Ninety -two percent of residents 25 and older are high school graduates — one of Minnesota. the highest graduation rates in the nation. Forty -three percent have a bachelor's degree or higher. • Approximately 44 percent of the county's budget goes for health • Racially and ethnically diverse — approximately 40 percent of the state's non - and human services. white and foreign -born populations lire in Hennepin. • Approximately 41.5 percent of • Home to one -third of the state's jobs; 11 Fortune 500 companies; and the county's annual budget is approximately 42,000 businesses, including many of Minnesota's largest supported by property- taxes. employers — Allina Health System, Best Buy Cargill, Carlson Companies, General Mills, Mall of America, Medtronic, Super Valu, United Health Group, University • Hennepin is home to one -third of of Minnesota, US Bank and Target Corporation. the state's jobs and approximately 42,000 businesses. Median single - family home residential market value: 5215,000. Govemance • Governed by a seven- member Board of Commissioners, elected by district for staggered four -year terms. Each commissioner represents a district of more than 160,000 residents. The county attorney and sheriff also are elected; the county administrator is appointed by the board. • Approximately 7,400 full -time employees. • $1.6- billion 2011 budget. • About 44 percent of the budget goes for health and human services, including uncompensated care at Hennepin County Medical Center and services for vulnerable populations, including veterans, seniors and people who are disabled. Hennepin is the states largest provider of care to indigent and vulnerable populations. Capital i Improvements .6% Public Works 8.1% Expenditures ,( continues on back Hennepin County - Fast Facts Media images For high - resolution versions of these or other county images please call 612 -348 -3848. Ilk,", . 'I n Approximately 41.5 percent of the county's annual budget is supported by property taxes. The rest comes from federal and state dollars, fees for services and licenses, and other sources. _. I Highlights Sute • Hennepin is considered one of the 9.9% Federal nation's best- managed counties, with a triple -A credit rating from Revenue all three rating agencies. The county has maintained this rating since the 1970s, reflecting strong financial and operational stability. The top rating also keeps the cost of financing capital projects as low as possible — a substantial savings to taxpayers. • Hennepin Count} Medical Center, one of the nation's premier public teaching and research hospitals and a Level One Trauma Center, is repeatedly ranked as one of America's best hospitals by U.S. News and World Report. HCMC exceeded 490,000 inpatient and outpatient visits in 2010 and has the most active emergency department in Minnesota, with 96,000 emergency cases and 58,000 ambulance runs a year. Approximately one -third of medical residents and students in Minnesota received all or pan of their medical education and training at HCMC last year. HCMC operates as a subsidiary under the auspices of the County Board, with operational governance by Hennepin Healthcare System Inc., a public corporation. • Hennepin Count}' Library is recognized as one of the top libraries in the United States. The 41- library system offers more than 5 million books, CDs, DVDs, electronic resources and other items in more than 40 languages, and has 1,695 computers available to the public. In 2010 there were an estimated 5.8 million in- person visits and almost 20 million visits to the library website. • Hennepin responds to more than 15,000 child abuse calls a year; collects more than $112 million a year for child support for more than 73,000 children; and provides social services to nearly one in four county residents. • Hennepin is a nationally recognized leader in environmental protection, including a robust Green Government program that includes waste reduction, recycling, environmentally preferable purchasing, green building design and energy conservation. As a founding member of Cool Counties, Hennepin has committed to an 80- percent reduction of greenhouse gas emissions from count}' operations by 2050. • Hennepin has one of the highest recycling rates in the nation. Approximately 41 percent of county residential and commercial waste is recycled or composted, and about one -third is processed in the county's waste -to- energy facility, which processes 365,000 tons of waste a year. • The Sheriff's Office serves all cities in the county, providing 24 -hour emergency dispatch for 19 area fire departments and 23 law enforcement agencies in 36 communities. Last year dispatch processed more than 594,919 phone calls, including 228,355 emergency calls to 911. • Hennepin operates the largest local corrections system in the state — approximately 36,700 adult and juvenile offenders under supervision (on probation or in correctional facilities). • Hennepin maintains more than 2,100 lane miles of roadways and 145 bridges. • Hennepin Taxpayer Services manages seven service centers (licenses, birth certificates, passports, etc.), which conducted more than 1 million transactions last year, and oversees elections for approximately 700,000 registered voters. • Hennepin County Public Records manages a library of more than 14 million documents and 184,000 certificates of title, with approximately 240,000 documents recorded last year. HCMC Emergency Medical Services Hennepin County Library - Minneapolis Central CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, SEPTEMBER 13, 2011 MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Quinlan convened the meeting at 7:02 pm. A. Roll Call Present: Chair Quinlan; Commissioners Robb, Edmondson, Council liaison Zerby; Finance Director DeJong; a. Absent: Commissioner Kjolhaug B. Review Agenda Robb moved, Hartmann seconded, approving the Motion passed 6/0. C. Introduction of New Park Commissi Chair Quinlan welcomed Commissioner Gordon to the Park Commission. Gordon stated that she was interest 2. APPROVAL O A. Par! Robb moved, Hartmann passed 6/0. 3. MATTERS FROM THE FLOOR — 4. REVIEW CIP Hartmann, and Gordon; City �rdinator Anderson 6 reversed for discussion. and asked her to share why she joined the s and outdoor activities in general. of August 9, 2011 of August 9, 2011, as submitted. Motion were none Chair Quinlan asked whether the City Council would be comfortable with the Park Commission incorporating the `wish list' items into the long term CIP. Anderson explained that, in a meeting with Finance Director DeJong, it was determined that it would eliminate inconsistencies between the three documents if they were combined, as well as, items would not fall thru the cracks that the Commission has on their radar. She reminded the Commission that the CIP is a `living document' and that the only budget that staff is looking for a recommendation on is the 2012 budget at this time. DeJong concurred, acknowledging that the `wish list' items can be viewed as lower priority but should be included. Zerby agreed that the long term CIP shows the City Council the bigger vision that the commission is considering, whether they eventually choose to go forward with the items or not. It gives the commission flexibility in their long term planning to have all the items in one place. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 13, 2011 PAGE 2 OF 6 As the Commission evaluated the 2012 budget, they realized, as Anderson mentioned earlier, that the Badger Park item should be discussed first before they can truly move forward on the CIP discussion. The Commission moved on to item 5, with the intent to return to item 4 afterward. 5. REVIEW LONG TERM BADGER PARK PLANNING With regard to the Badger Park TKDA master plan recommendation, Chair Quinlan pointed out that it wasn't practical to implement or make any recommendations without further discussion as to the future of Badger Park. Hartmann indicated that the MCWD made a recent presentation to the City Council regarding the historical and current condition of the City Hall campus area and suggested the Park Commission consider partnering with MCWD to, not only improve the parking lot layout, but the overall Badger park area, trail, creek etc, which was originally considered wetland. She stated that MCWD brought up the idea of improving this space and park. Anderson interjected, stating that a representative from MCWD will be making a similar presentation to the Park Commission in October. She noted that the representative was invited to discuss the potential for a Freeman Park creek restoration project and the possibilities for improving its parking lot. Anderson suggested she have them speak to potential recommendations or partnerships with regard to Badger Park as well. She pointed out that there are partners such as MCWD, Hennepin County, and USTA, to name a few that could be approached for shared funding. Robb stated that the Commission needs to figure out what it wants to do in Badger and then find a way or partners to help fund it. Edmondson pointed out that objections from the previous Park Commission included moving the tennis courts, removal of the hockey rink, and the overall hefty price tag associated with these improvements. Chair Quinlan noted that the TKDA vision. or coming UD Swaggert questioned who the park was de park, it also serves as the City Hall camp some time defining the vision of this park. retaining'' overall layout of the park, moving towards the entirely new at a staff and Commission level. med to serve. He found it confusing that, as a neighborhood and sports complex. He felt the Commission should spend Robb explained that according to the vision that the commission shared with TKDA, the hockey rink is moved to Freeman Park to try to open up the space and possibilities at Badger Park. Anderson pointed out that the trial free skate rink is under consideration for this upcoming season and once the commission determines whether this is a desirable alternative, the long range plan can include moving the rink altogether to Freeman, if that is the direction the Commission wishes to take at a later time. Gordon was in favor of seeing a free skate rink at Freeman. Edmondson interjected, that not just a hockey rink, but a hard surfaced rink for year round use and hoops would be the best option. He liked the idea of moving the rink to Freeman eventually, especially in light of the fact that Manitou Park skating rink is nearby. He stated that Freeman is an ideal location for this winter activity, it has the parking, the warming house, and is quiet in winter. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 13, 2011 PAGE 3 OF 6 Robb agreed it was a shame that Freeman, the city's premier park, sits empty most of the year. Chair Quinlan asked whether the commission should assemble a subcommittee to evaluate Badger and offer to include neighbors, members of the Council, Parks, and Planning Commissions, as well as, staff. He asked who would be in support of moving forward to discuss or layout a plan. Edmondson reiterated that, although budget would be a concern, he would support the long term discussion. Anderson stated that there would be an opportunity to identify potential grant partners as we move forward on various pieces of the TKDA design. Robb stated that he would stand behind the TKDA plan. Hartmann had reservations. Zerby stated that, from a City Council standpoint, he would want to know where the funding was coming from, as well as, address the line items dedicated to Badger over the coming years in the current long term CIP. He questioned whether the Commission wants to continue to `throw good money after bad', only to revamp the whole park. Gordon questioned whether it was reasonable money that TKDA is recommending. Chair Quinlan agreed,! and other elements that it is a i Lando Hartmann agreed that `it Anderson acknowledged and fields. She suggested plan, and submit them to have staff the Commission could spend the kind of [an, there may be elements that are unachievable lower bids. and search for the partners. 6 special features, the City Hall campus, the SSCC, the park to obtain some accurate estimates, as it relates to the TKDA individual line items for their consideration. Swaggert reiterated that he was terrified of this fiscally. He urged the Commission to be cautious as it moved forward with this ambitious project. He questioned whether the City, as a whole, had the ability to maintain what it is they are building over the long term. He suggested the Commission consider investing in items that do not have to be replaced every 20 + years. Robb pointed out that the Commission would not be `adding' to the current amenities list, tennis or rinks, but instead replacing those elements at different parks. DeJong interjected, reminding the Commission that, as an advisory board, they can offer the Council a compelling vision of what they wish the changes to the long term CIP should look like and ask for their support. Anderson repeated that, from staff's perspective, she will take the TKDA back and begin to assemble some estimates for various elements of the plan, identify potential partners to join the efforts, and provide the Commission with updates to the line items as the original TKDA plan is `tweaked'. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 13, 2011 PAGE 4 OF 6 DeJong provided the Commission with additional expenditure reports and CIP financial documents and promised to review these in more details in the future. Robb asked why they did not match the documents in the packet. DeJong and Anderson tried to explain that these documents do not contain many of the newly consolidated `wish list' and priority needs allocated to the CIP in their packet. Chair Quinlan directed staff to begin the process of investigating options for Badger Park, as well as, identifying the most cost effective way to implement elements of the TKDA plan, the timing of the plan and potential partners for funding. 4. CONTINUED - REVIEW CIP — (Att. - 45) Given the direction given to staff with regard to Badger Park, expenditures be moved out of 2012 into 2013, in order to use The Commission agreed to move the purchase of all the picnic tables Robb asked whether the Park Commission should retain the the Badger Park id planning year. 2012 for $1 item from the wish list. Anderson and DeJong agreed that this line item may not fall within the confines of parks along and recommended the Planning Department continue the tree inventory and wait for direction. Anderson reminded the Commission that several of the line items, such as the Skate Park resurfacing and Freeman Park parking lot estimates may not be entirely accurate, as she had not received comment back from her inquiry to Public Works Director Brown. Edmondson moved, Swaggert seconded, to move the 2012 CIP budget on to the City Council for their consideration and approval, acknowledging that the Badger Park improvements have been delayed until 2013 in order to give the Park Commission time during 2012 to discuss a long term plan for the Park. Motion passed 6/0. 6. REVIEW AND DETERMINE WHAT QUESTIONS THE PARK COMMISSION WOULD LIKE ON THE COMMUNITY SURVEY Anderson shared a handful of potential survey questions with the Commission for their consideration. She asked them to revise and then forward their chosen questions to the Council for the upcoming City wide survey. While Chair Quinlan found most of the questions to be favorable, he questioned the first one's relevance considering staff obtains registration numbers for many of the programs listed and therefore it may be redundant information. He wondered if it may be more valid to ask `how many times have you visited the 'main' headings from that questions omitting the detailed class listings, and instead adding items like tennis courts, ice skating rinks etc. In addition, the commission did not care for the `numbering' order or system used in the first question. They preferred it be listed from left to right, highest to lowest site visit numbers, not exceeding a logical number such as 5 or so. The Commission also felt that staff does a wonderful job promoting and scheduling youth classes, thus `creating programs for youth' as a line item for future projects was removed. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 13, 2011 PAGE 5 OF 6 Anderson stated that staff would make the revisions and send the questions along to the council for their consideration. She indicated that the two final questions may be asked in a more broad fashion within the survey. 7. RECOMMEND TO CITY COUNCIL FREE SKATE ICE RINK AT FREEMAN PARK Chair Quinlan stated that the free skate at Freeman Park was something the Commission had discussed for this coming season and asked for a formal motion to send to the City Council. Anderson explained that she and Administrator Heck had met individuals from Public Works at Freeman Park to discuss the location and maintenance requirements. She indicated that, as a trial this coming winter, public works will flood and maintain Freeman Park open skate area, that the warming house will be manned mostly on weekends and holiday breaks, and that they will forego the rink at Silverwood Park this winter. Gordon stated that, as a resident near Silverwood Park, recent years and that this is a good experiment. Hartmann moved, Gordon seconded, to recommend to t Works staff to flood the free skate rink at Freeman Park Park. Motion passed 6/0. 8. REPORT ON SUMMER A of the skating pond has declined in until that they direct Public , in lieu of the pond at Silverwood Anderson shared the summer report with the Commission pointing out many new and ongoing successful activities we have implemented in the parks.; the golf camp, safety camp, DNR Fin program, Story Time in the Park with the library, to name just a: few. She invited the Commissioners to attend the Movie in the Park coming this Friday, as well as, promoting the Cinderella Daddy Daughter Ball and Oktoberfest. She asked for direction for summer 2012. Edmondson and Swaggert agreed to emcee the Movie in the Park on Friday. Hartmann stated that there is so much competition for music in the parks that she felt only one music program for kids was sufficient. The Commission agreed and directed staff to continue to build interactive items with the funds save from omittiniz Will Hale. Robb shared information he picked up from Cologne regarding the Drive -In Movie in the Park and suggested staff investigate this option for 2012. Anderson was pleased to b= oblige and thought this would be a great addition. 9. NEW BUSINESS — There was none 10. STAFF AND LIAISON REPORTS /UPDATES A. City Council Zerby indicated that Eagle Scout Terrence Haines came to the Council to share photos from his project at the Southshore Community Center. He had just completed the trail, steps and railing project, and benches for the SSCC. He reported that the Council was very impressed with the project and felt that it was a very worthwhile investment. PARK COMMISSION MINUTES TUESDAY, SEPTEMBER 13, 2011 PAGE 6 OF 6 Zerby also stated that the Council is working on a joint powers agreement for Christmas Lake boat landing to increase the inspection program. B. Park Commission C. Staff D. Work Program E. Quarterly Expenditure Report Anderson pointed out that this item had been reviewed during the CIP discussion. F. Grant Report Anderson shared the short list of grants that staff was working on soon to be given to Badger Park, a variety of other grants may be G. Winter Activities Southshore C Representation Swaggert stated that he would be attending the upcoming Arctic Fever Edmondson stated that he had attended the Park Fe report, they are trying to develop some fundraising Chair Quinlan asked i Center and encourage Anderson. Zerby suggested the has a lone: history of 11. Edmondson moved, Swaggert secon 2011, at 9:45pm. Motion passed 6/0. RESPECTFULLY SUBMITTED, with the consideration k Commission October. there is nothing new to shed to get more involved with the Southshore Community to get involved with, help share ideas for and assist Director reviving a relationship with the American Legion, a group who adjourning the Park Commission Meeting of September 13, Kristi B. Anderson Recorder ® #7A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Free skating rink at Freeman Park Meeting Date: 26 September, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Twila Grout, Jean Panchyshyn Attachments: Park Commission Memorandum Policy Consideration: Should the city create a free skating rink at Freeman Park for the 2011/2012 season to test use? Background: Several years ago, the city constructed a shelter / warming house at Freeman Park in part to provide skating opportunities. Unfortunately, the City has not provided a skating surface at Freeman partly because there is no lighting. Interest in a skating rink at Freeman has increased as a result of Arctic Fever. Staff met at Freeman to consider the feasibility of creating a rink and determined flooding an area near the shelter /warming house is feasible. Staff again raised the issue of lighting indicating use of the rink during the weekdays would be difficult due to the early nightfall. To address this issue in a cost effective manner, staff suggests purchasing a couple of high -power portable flood lights. The Park Commission reviewed the proposal and recommends the Council move forward with a rink at Freeman in place of a maintained rink at Silverwood Park. Park Commissioner Gordon indicated that usage at Silverwood has declined over the past couple years, and staff has also noted a decline in the number of phone calls regarding skating on the Silverwood pond. Financial or Budget Considerations: The city would add an additional warming house attendant for Freeman at an estimated cost of $4,000 and purchase portable lighting at a cost not to exceed $250. Options: 1) Approve the development of a skating rink at Freeman including the purchase of portable lighting and a warming house attendant. 2) Do not approve the development of a rink at Freeman. Recommendation / Action Requested: Staff recommends Council approve the recommendation of the Park Commission to create a rink at Freeman, as well as approve the purchase of portable lighting and provide a warming house attendant Next Steps and Timelines: Should the council approve this item; staff will proceed with the purchase of lighting and work with public works staff to develop the rink. Connection to Vision / Mission: This item supports the provision of quality public services and attractive amenities. 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 1; 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 UM2 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us To: City Council Administrator Heck From: Kristi Anderson — CRR Twila Grout — Administrative Assistant Date: September 21, 2011 Re: Recommend to City Council Free Skate Ice Rink for Freeman Park Park Coordinator Anderson shared with the Commission that she and Administrator Heck met Public Works Staff, Charlie Davis and Bruce Stark, at Freeman Park Eddy Station to discuss the possibility of pouring a free skate ice rink outside the facility this winter, as suggested by the Park Commission earlier this year. She noted that, although Public Works representatives voiced reservations around the use of the rink, given there are no lights for the free skate area, the Park Commission recommended that Public Works eliminate Silverwood Park pond maintenance from their ice rink routine and instead substitute the Freeman Park free skate area on a trial basis this winter. STAFF RECOMMENDATION: The Park Commission moved to recommend the City Council direct Public Works staff to flood a free skate ice rink at Freeman Park this winter, in lieu of the pond at Silverwood Park, on a one year trial basis. 1000 Watt Halogen Standlight 1 edifil {'Ftd 3n se"fce & Quali o a 1000 Watt Halogen Standlight $66.39 clnim, w1w Online price may differ from your local awra lso, Product Specifications: Dimensions: 2874 "H x 13 76'W x 7 48'D Model Number: TQ51000QD Availability e Av Mleblaortul, Avait51ill,hLfl 90y Sloio • NN Soviet at (i c in °Itnt Yhis Pega Cioex tie „ieaow Product Description 1000W Halogen Standlight with Quick Disconnect • Dual Head • Tri -Pod Stand Adjusts to 72” Height • Quick Disconnect Allows for Easy Release From Stand • Weatherproof On /Off Switch • Heavy -Duty Wire Grill Guild and Tempered Glass • (3)50OW Halogen Bulbs (includes Spare) • UL Listed Listed Price and Availability is subject to change. For most up to date information check your local store or Menards.com Menards 5106 Renard Drive Eau Claire, WI, 54703, USA custo merserice @menardsoc. com Page I of 1 http : / /www.menards.com /mainloutdoor /outdoor - tights /work - lights /1000- watt - halogen- stan.., 9/13/2011 � 11% City of Shorewood Council Meeting Item Title / Subject: Trail Plan Implementation Report Meeting Date: 26 September 2011 Prepared by: Brad Nielsen Reviewed by: Park Commission Planning Commission Ad Hoc Trail Committee Attachments: Memo to Planning Commission, forwarding report Trail Plan Implementation Report— Second Draft MU MEETING TYPE Regular Meeting Policy Consideration: Should the Council adopt an implementation plan for the construction of trails in Shorewood? Background: See attached memorandum to Planning Commission. The Planning Commission made a few recommendations regarding the report, the most significant of which were: 1) address the trail on Enchanted Drive; and 2) replace the trail through the Public Works /Public Safety sites with a short segment of trail along Timber Lane. With those changes, the Commission voted unanimously to recommend adoption of a Comprehensive Plan amendment incorporating the Report into the Shorewood Comprehensive Plan. The Planning Commission held a public hearing on this item on 20 September, at which no public testimony was given. Financial or Budget Considerations: See draft CIP in Implementation Report Options: Adopt the Plan as recommended by the Park and Planning Commissions and the Ad Hoc Trail Committee; modify the report and adopt; or do nothing. Recommendation / Action Requested: Staff should be directed to prepare a resolution incorporating the Implementation Report, with Planning Commission changes, into the Shorewood Comprehensive Plan. Next Steps and Timelines: An amendment to the Comprehensive Plan must be forwarded to the Metropolitan Council and to adjoining cities. This process will take 45 -60 days. Staff anticipates that our amendment will be determined to not be of metropolitan significance. Connection to Vision / Mission: Implementation of the Trail Plan contributes to a healthy environment and a variety of attractive amenities. 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 Second Draft Trail Plan Implementation Report City of Shorewood Prepared by the Ad Hoc Trail Committee July 2011 A specia,L tlu4/i,4 to- thv vo&wMee�sl who- s,pemt ho -turS1 �,vv tlel prepa.ratw -w of tY�.k repovt.' Ad Hoc Trail Committee: Debbie Siakel, City Council Laura Hotvet, City Council David Hutchins, Planning Commission Chair - Ed Hasek, Planning Commission Steve Quinlan, Park Commission Bob Edmondson, Park Commission Mary Donahue, Resident at Large Michael Dodd, Resident at Large City Staff: Brian Heck, City Administrator Larry Brown, Public Works Director Brad Nielsen, Planning Director -1- I. Introduction The Transportation Chapter of the Shorewood Comprehensive Plan includes a Trail Concept Plan map that illustrates a potential system of trails for the City of Shorewood. The purpose of that plan is to serve as a guide for development proposals and street construction projects, and derives from goals, objectives and policies set forth in the Transportation Plan. The goal specific to trails is worth repeating here: "The City should establish a plan for an interconnected system of trails, enhancing the safe movement of pedestrians, bicyclists and other modes of non - motorized travel." Although the City constructed several trail segments of varying designs over the years, a drastic reduction in land development and limited financial resources have resulted in little trail construction in the past few years. The City's recent discussions on sustainability sparked renewed interest in implementing the Trail Concept Plan. The City has elected to participate in the Minnesota GreenSteps Program sponsored by the Minnesota Pollution Control Agency. One of the "best practices" set forth in the program includes the promotion of walking and biking. To this end, the Shorewood City Council established an Ad Hoc Trail Committee, consisting of two Planning Commission members, two Park Commission members, two members of the City Council and two at -large residents. The Committee was charged with reviewing the current Trail Concept Plan, prioritizing trail segments to be constructed, and recommending implementation strategy — primarily how the construction of trails could be incorporated into the City's Capital Improvements Plan. It should be noted that the term "trail ", as used in the Comprehensive Plan and in this report, is intended to include the entire gamut of pedestrian/bicycle facilities in Shorewood. Considerable thought has been given as to whether these facilities should be called pathways, sidewalks, trails, "linear pedestrian ways ", bike paths, etc. The consensus is that the term trails addresses all of the various types of facilities. Further, a trail may simply be a designated route along an existing street in some cases. -2- Five -foot concrete walk - Minnewashta Elementary II. Comprehensive Plan Update The Trail Committee reviewed the Transportation Chapter of the Shorewood Comprehensive Plan relative to Bicycle/Pedestrian Trails and found it to be up -to -date and pertinent. As such, the Committee does not propose changes to the text of the Comprehensive Plan. The Committee does, however, suggest revisions to the Trail Concept Plan map as follows: • The title, Trail Concept Plan, should be changed to Trail Plan • A trail should be added along Strawberry Lane • A trail should be added along Eureka Road • The trail south of Highway 7 on Covington Road should be deleted • The segment of trail on Manor Road, south of St. Albans Bay Road should be deleted • Consider changing the legend on the map from "Possible Trail" to Future Trail The proposed changes are illustrated on the map on the following page. -3- Six -foot bituminous trail near Silverwood Park CITY OF S OREWOOD Goose Island Gale Island —/ Spray Shady Island. Island 2 Shady Island Pt 3 Shady Island Tr 4 Shady Island Cir co echanted 2 3 � Lake Minnetonka - 0% a� aRa A Upper Lake Island 1 J C Gideon Bay !k Frog id Island r Q Excelsior Bay St. Albans Bay 1 1 2 2 State Ni9 1 Covington Ct E 2 Elbert Pt 3 Whitney Cir 4 Chestnut Terr 5 Chestnut Ct 6 Mckinley Cir Christmas Lake Smithtown Bay y E 9 Maple d' Virginia Cove Rldge o a , (Lake Virginia) Victoria Trail Connection ��n. E m �z�E� d� 1 Park Lane 2 Pond V— Di Minnewashta) Chanhassen Trail Chanhassen Trail Connection Connection Chanhassen Trail Minnetonka Connection Trail Connection Trail Plan N )k 0 1,000 2,000 4,000 Feet Shorewood Planning Department 09/11 Existing Trail ..... • Future Trail Parks /Open Space Connecting Points III. Trail Plan Priorities "Health, safety, and the general welfare" is a phrase that drives much of what the City does. These words are quite pertinent in the planning of trail facilities. The Shorewood Comprehensive Plan recognizes trails not only as providing an alternative to the use of automobiles, but as an important recreational aspect of the community. The Trail Plan map, found in the Transportation chapter of the Comprehensive Plan, shows the location of existing and proposed trails in Shorewood. Aside from a process for public involvement, the Transportation Plan lacks an implementation strategy for the construction of trails. In identifying trail priorities, the Committee considered the following issues: Health. Walking and bicycling are recognized as contributing to the overall health of the community. Safety. In order to promote walking and bicycling as healthy activities, it is critical that these activities be made as safe as possible. In this regard the separation of trail facilities from streets should be pursued to the extent feasible. Connectivity. It is important that trails go somewhere. Providing safe routes to schools has been identified as a top priority, especially in light of School District policy that eliminates bussing for students within one mile of school. Connecting existing trails to other trail systems (i.e. the LRT Regional Trail and trail systems in other communities) adds miles to the system that Shorewood can provide on its own. Lastly, it is important to tie neighborhoods to other neighborhoods and to other destinations within the community. With these criteria for guidance, the Trail Committee broke the Trail Plan into four priority groups. It was suggested that Priority I trails would be completed in the next three to five years. Priority II trails would be scheduled for years 5 -10 and Priority III trails would happen in 10 -15 years. Priority IV trails would not be programmed until after 15 years. Following is a brief description of the priorities: Priority I (3 -5 years) County Road 19, Smithtown Crossing to LRT Trail. This segment is part of the County Road 19 Corridor Study, adopted in 2003. Its high priority is based on availability of existing right -of -way, anticipated lack of neighborhood resistance and its function of connecting the Smithtown Crossing and Shorewood's civic campus with the LRT Trail. 2. Smithtown Road, Shorewood/Victoria boundary to Minnewashta Elementary School. This segment enhances safety for people on the west end of Shorewood to walk or bike to school and connects to the trail system in Victoria. There appears to be some neighborhood support for this connection. Mill Street, Shorewood /Chanhassen boundary to Shorewood/Excelsior boundary. This segment connects Shorewood residents living south of Highway 7 with both the City of Excelsior and the Chanhassen trail system. Again some level of neighborhood support has been expressed. -5- d�esrae �n Northview Rd °ab ndq, Northome Blvd Groveland o Rd �� cce& Togo Rd Brooks Ln Arcola y" 0 1.250 2.500 5.000 Elementary oreline O r Y g 9r �afayet,,e Feet Highland Ave o N T h est Arm Rd SPRING PARK Prepared b Shorewood Planning De a� West Arm Dr P Y 9 t 2 ° P Cross Point Rd 07/11 F7 I _ J a� Legend k- _ -- � �— CD c Schools � Rid9e Sh adyIV. t� One -mile Radius from Schools ' a�a y EEP�-1iA�l�N Middle 0 S � E ast ■ 1 Lake Street �` = �•, L et Ext Parks 2�o O One - half -mile Radius from Parks West ° - men Deephaven Elementary la o. - ---- - - - - -- = r a dys Ln Hanover.Rd .�` -- o j m Devon Dr \ TO N BAY A - _ � 7 ° / CD O. 14 a Bay Rd I j �._ _ - I I Temple Dr N o - o S\3nrisegve Temple O, - . h wr - c ' XCELSIOR 0 _ --. per• - _ _. - - Co. Rd. 19 Za Z Excelsior Elementary I rra r to N. � _ - rJ� t t Middle School West Hallgren Ln p White Oak Ln s 'J E� �� .Z` - _I °– Red Oak Ln co Kings Rd a �• ' InterlaKen Y CD a 4T.� m/� b 0- co YO t .cam _ G-61_1 � T anadOOna Or s a - -.i / � ► +�;!� �,�> •' s'vffffl a' 1 �t i �Ia•�i �;4t � � /fir ' 1 � � ��:.i •� • i ROME OWN- i�T `• ��,i *` /It /�I• ��mu �� _.� ��Ili �� f!jv I� wr - �..v.qu..q �unupll un► �Gl+ .i t1u�,t ' !/ `� Bun � •.au.: s� ��1 °= nn -c M ill L!� �1��iy� .�.■ }� a mi�u�. 'fi G ►/ a _ L� • ini ��y � =m a 4i1A, �! Int F ez � .fa - j~ � / � � •• . lDBhll /mti aTfuxf ►al' /a 94p ' .v� i � • ■�•��II� ■ffn■ n ► t + e of �7 �.•rJ � %f�� i �ittC tq ! 11p e. fff 1� �• • tf 4.�� . �O � ■ f =s�� 1. Z a = e»Iwlln. •• .� • 1 1 I 1 1 1 1 1 � N CO a�.es /d eye od �4 GCOVeland Northome Blvd e�� aAe�c Northview Rd 1400 60 rrdge.., a� erooksLn Arc y 0 1,250 2,500 5,000 ss Elementary cy Togo Rd o° reline Dr gc aka - c,P° ! o \,a Feet fie Highland Ave in - West Arm Dr SPRING PARK Shorewood Planning Dept. 6 w5 o afaYerve 9 0 1 0 Easton Rd y > - . est Arm Rd 07/11 Rutledge Rd 3 t 0 Cross Point Rd c Azure Rd L - ~Ln \� - Legend _ Lake Ave J�a� O� 9 pan Ca r l ow Rd Commercial Activity Centers (CAC)` �e _ S ° grows HAVE Middle e -DEEP N Sr c w\ 1/2 -Mile Radius from CAC �ake,; AVe Pig >� Nrltcre School East Bedford Rd eooa r o' Lake Street Ext r ?' ��A t �a9 . • _ V Manchester Rd ` , 3/4 -Mile Radius from CAC °? \ ��s / G Ham_ pton Ct 5 Z W O' 1 Dee haven Elementary Saddlewood n ad s Ln Tuxe °� Transit Route 0 1, r_ _ - - - - -- ; P rY ° o f Y e � co Devon Dr,, p� TONKA BAY = �,! '0 n dy ✓ v S ��0 G �� ! C i f o ,l s e.5 ` o ,vZ a /P�o °�� J --- - - - - -- e T n SP 1 allay Rd Nay ap �TempleD rN S�or�segve i _ \'�9� a 7emPle or 1 Jv�jn mfr':! A ve / i - _ n ? g !der Cir Virginia `\q 0 D cn D" m lnte o. Lakeview mPl - Y _ - IV Elm Minnetonka e -- o - - Minne t High 0 CL: d 3 EdgewOOd Rd v� t ' i ® Patricia Ln 3 E CD a MINNETONKA IVoble ►2� m ELSIO - a -- - � °' - -- - - -- - - W - _ O c 13 - � ■ _- a Scenic Heigh Minnewash�ta — S _ , Co. Rd. 1'9 i — = Y g - 12 Elementa =o m irnro w Elementary II ry - - - n Road- v/ - of C r n Rd - - -- - ` t Excelsior d o "aa, a �o - _ ? ''r ---�� Covington Rd CD o- �r - Elementa Vi r a �, Z l e m enta r y lear S rin s O - - f - REW P g T- I s 6 m — 0 , jr2rt �/ E A m - -1 I Est °� - = L 0. Q �o _ ale \ \o c Clear � S 0 � cn % LeafTrl Parkin- - G • t ��/ 0, 6 62nd St W ---- - - - - -- - -- -_ -_ valley Dr 'P C ° Q � - — - -- , \ � .- ^ C Townline Rd erry Dr m 62nd St W Ch y t J O — c_ ton Dr ._. _ N <s Pas < <�cg A � 5 P ° �e� m Chenna \Y � Go - UNS �N• 1 Shore Dr ` - pleasant Vie _ d Sh � m f �� p+b ow h p� 6 O co G �m�m3mr � Y 6 � Qe� s/ ` _ +!a/r F�x�`a� , �� FO kF/o llo w��- ° � <o o a� M e„ Q \e- ee C e e �ucy Ln Lake Lucy Rd c op N T School Wg,�► T c a SC Glendale Dr t m o ` - q�WCt CD 3 a Hallgren Ln � m o Q � _ _ y White Oak Ln CO _ C f-!A N l-kA SS E N G �° Q m �', TOpa c m y f Red Oak Ln osT N m , . puck Lake Td Ba Kings Rd \S_, O � 0r Kerb O pr r' �� ' \ r r - Padons Dr Ywood Ln 3 - o m^ ✓ i j 0 6� F Sandy Hook E I - ! F y mod r J � �o P ontiacLn� - y ar , , y n South Lake Minnetonka Area ° n9 B 17 Commercial Activity Centers and Butte Ct Ta aaa °O ti �nr e � % Transit Routes na pr pr S Terra 4. Galpin Lake Road, Shorewood /Chanhassen boundary to Shorewood/Excelsior boundary. (See 3. above). Priority 11 (5 -10 years) Lake Linden Drive to Highway 7/41 intersection. This segment is a short connection between the existing trail on Lake Linden with the trail system to the south in Chanhassen. 2. Smithtown Road, Minnewashta Elementary School to Smithtown Crossing. This segment is intended to enhance safety for residents east of the Minnewashta Elementary school, connecting with the existing sidewalk system at Smithtown Crossing and providing a loop to the LRT Trail. Country Club Road and Yellowstone Trail, Smithtown Crossing to Lake Linden. This segment connects the existing sidewalk on Lake Linden Drive with the existing pedestrian circulation system at Smithtown Crossing. 4. County Road 19, Shore Road to Shorewood/Excelsior boundary. This segment extends the sidewalk system at Smithtown Crossing eastward toward Excelsior, providing another loop to the LRT Trail. 5. Strawberry Lane, West 62n to Minnewashta Elementary. The Committee recommends adding this segment to the Trail Plan. It provides pedestrian/bicycle access from adjoining neighborhoods to the Minnewashta Elementary School. 6. Eureka Road, north. This segment has been added by the Committee and provides neighborhoods north of Smithtown Road with access to the Minnewashta Elementary School and to the LRT Trail. End of the trail. Six -foot concrete — Victoria. Priority III (10 -15 years) St. Albans Bay Road, Manor Park to Highway 7. This segment links Manor Park to the South Shore Skate Park and provides an extension connecting across Highway 7 to the sidewalk system on Old Market Road 2. Howards Point Road, Edgewood, Grant Lorenz loop. This proposed loop would provide area residents with a connection to Smithtown Road and quite possibly could be a designated route on existing streets. Vine Hill Road, existing trail north to State Highway 7. This segment provides safe access for the Shady Hills neighborhood along a relatively busy collector street. Priority IV (15+ years) Link east of Public Safety facility, County Road 19 to LRT Trail. Assuming topography issues can be overcome, this segment provides a link and a loop from County Road 19 to the LRT Trail. 2 Timber Lane, County Road 19 to LRT Trail. This short segment of trail provides one more link/loop from County Road 19 to the LRT Trail. The Trail Plan map on the following page color codes the trail system into the four priority groups. N Family waits to cross County Road 19 CITY OF S OREWOOD Goose - ;`Island Gale I a r - .-gt- Ct Smithtown Say 0 1,000 2,000 4,000 Feet Shorewood Planning Department 87 09/11 W Existing Trail Possible Trail 0 Parks /Open Space Connecting Points Prioi ty I (3 -5 years) Priotity II (5 -10 years) Priority III (10 -15 rears) Priority- IV (15+ rears) Elbet Pt Whitney Cir ChestnutTerr Chestnut Ct Mcklnley Cir � ... ............ .. . u u �� u Victoria Trail Ch anhassen Trail Chanhassen Trail Minnetonka Connection Connection Connection Connection Trail Connection Trail Plan Priorities IV. Draft Trail Capital Improvement Plan Costs are based on cost estimate of $75,000 per mile. DNR uses approximately $50,000 per mile. 9/22/11 Linear Feet 2012 2013 2014 2015 2016 2017 2018 2019 2020 TOTAL TRAIL SEGMENT $ - County Road 19 -from Tonka Bay Sh. Ctr. to the LRT 1200 $ 17,040 $ 17,040 Smithtown From City border to Minnewashta Elementary 6500 $ 9500 $ 9500 Galpin Lake Road from City border to Highway 7 3500 $ 50,100 $ 50,100 Mill Street from City border to Highway 7 2500 $ 3500 $ 3500 Connect segment at CUB to Chanhassen trail on 41 $ 6,500 $ 6,500 Smithtown from Minnewashta to County Rd 19 7500 $ 107,500 $ 107,500 Strawberry lane from border to Smithtown 3500 $ 50,100 $ 50,100 County Road 19 from Public Safety bldg to Excelsior border 4000 $ 57,250 $ 57,250 St. Albans Bay from Manor Park to Highway 7 2000 $ 28,650 $ 28,650 Edgewood Road from Howards Pt Rd to Grant Lorenz 4000 $ - Grant Lorenz from Edgewood to Smithtown 3000 $ - Howards Pt Rd from Smithtown to Edgewood 4500 $ - Vine Hill Rd from apps Waterford to Highway 7 3500 $ - Country Club Road from Smithtown to Yellowstone Trail 2500 $ - Yellowstone Trail from Country Club Rd to Lake Linden Dr 1500 $ 447,940 Costs are based on cost estimate of $75,000 per mile. DNR uses approximately $50,000 per mile. 9/22/11 V. Public Participation The Trail Committee strongly believes and supports getting residents involved in the trail development process and making sure the affected neighborhoods and property owners receive as much information about the projects as possible. To that end, the Committee suggests using several approaches to disseminate information, gather feedback, and garner support for the development of the trail infrastructure in the city. City News Letters The City produces a monthly newsletter, the ShoreReport, and distributes it to each household in the community. This is a static method the Committee can use to provide general information on the planning process and as a method to direct interested residents to additional resources and information. City Website More detailed information on the trail plan can be placed on the website. Some items to include on the website after acceptance of the plan: a map of the plan identifying trail segments by priority, a listing of segments by priority, information on how priorities were determined, proposed budget information, pictures of trail in other communities, and information on the benefits of trails. Neighborhood Meetings The Committee or select members of the Committee would meet with individual neighborhoods affected by planned trail segments. This provides an opportunity for the neighborhood to ask questions, walk the proposed route, and provide input and suggestions on material, location, potential hazards, etc. Before these meetings, it might be beneficial for the Committee to identify a neighborhood "champion" to help organize the meeting, walk, and be a contact person on behalf of the neighborhood. a* These neighborhood meetings will Six -foot bituminous trail - Covington Road also be beneficial in identifying any potential issues that need addressing. -12- Direct Mailing The City could prepare a direct mailing to residents in the affected area outlining the proposed project and include specific information on the planned design, location, benefits, drawbacks, and address common questions such as maintenance and winter shoveling. These mailings might be more beneficial a couple weeks before a planned neighborhood meeting. Public Hearing This is a more formal and traditional method used to garner residential input and may not be the most effective communication and public participation methodology. These forums are generally poorly attended unless the issue is contentious and controversial. This is not the recommended method for gaining public input or support for the program and plan. Targeted Polling This method involves sending a poll or survey questionnaire, either paper or electronic, to the impacted residents or households asking specific and targeted questions related to the issue of trail construction. This tool can be used prior to a direct mailing and /or neighborhood meeting to gather basic information on feelings and possible issues related to the implementation of the trail plan. Face to Face individual meetings This process involves Committee members meeting with one or two residents in the neighborhood, or having the "champion(s)" and a Committee member, meeting one on one, or with a couple of neighbors, to informally talk and promote the idea of the trail plan, the benefits of a comprehensive trail system, to answer questions, and provide information and additional resources. The benefit of this method — it is not "the government" promoting its own plan, but residents who are also affected individuals promoting the plan. -13- rour -ioor mruminous Iran - wear inouniain VI. Trail Implementation Process This outlines the general process the city will follow in implementing the trail plan. • July — September the park commission reviews the trail plan and available funding then makes recommendations to the Council. • December, the Council adopts the final Capital Improvement Plan for Trails as indicated in the plan and /or recommended by the Park Commission. • During the months of January — April staff prepares rough cost estimates for the project based on general design standards e.g. 6' bituminous, researches easements, conducts preliminary review with the Watershed District, and identifies stakeholders. • May — August the proposed plan is reviewed by the park commission and neighborhood meetings and walks are held to go over the project, answer questions regarding funding, timing, maintenance, etc. • September — December staff prepares final plans and specifications for the trail segment based on feedback provided by residents and park commission. • January — February staff publishes plans and specifications trail construction. • March — April staff provides recommendation to Park Commission on lowest responsible bidder and Park Commission provides recommendation to Council to proceed with award of the project. • May — August trail construction underway and completed. -14- � 11% City of Shorewood Council Meeting Item Title / Subject: Zoning Code Amendment — Accessory Structures Meeting Date: 9 September 2011 Prepared by: Brad Nielsen Reviewed by: Planning Commission and City Attorney Attachments: Attachment I - Staff Report, dated 13 September Attachment II - Draft Ordinance •.. MEETING TYPE Regular Meeting Policy Consideration: Should the Shorewood Zoning Code be amended to clarify the requirements for accessory structures? Background: See attached staff report for background. The Planning Commission held a public hearing to consider this matter on 20 September and voted unanimously to recommend its adoption. The City Attorney has reviewed, and agrees with the amendment. Financial or Budget Considerations: Avoid future legal expenses. Options: Adopt the draft code amendment; modify the amendment; or take not action. Recommendation / Action Requested: Staff agrees with the Planning Commission's recommendation. This is considered to be a "housekeeping measure ". Next Steps and Timelines: Once adopted, the amendment will be published in the official newspaper. Once published, it becomes effective. Connection to Vision / Mission: Zoning contributes to a healthy environment and sustainable tax base. 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 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 13 September 2011 RE: Accessory Structures — Proposed Code Amendment FILE NO. Zoning (1201.03 Subd. 2.d.) Over the past few months we have pursued a code violation action against a property owner who deposited approximately seven shipping containers on his property, alleging that the structures were "sheds" and that his property was not subject to zoning regulations because it was (in his mind) a farm. The citation was based on Section 1201.03 Subd. 2.d.(4), a copy of which is attached as Exhibit A, which limits the number and total area of accessory structures. The matter was cited under the Administrative Enforcement section of the City Code, Chapter 104.03, and the property requested an appeal to and Administrative Hearing Officer. Unfortunately, the Hearing Officer ruled in favor of the property owner on a very technical point that wasn't even raised by the appellant. The code section in question provides that "... no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, or 1200 square feet in area in the R -IA... ". The Hearing Officer stated that although the owner had more than three structures, they did not total more than 1200 square feet in area. His opinion is set forth on Exhibit B, attached. While staff does not necessarily agree with that interpretation of the code, it raises enough of a question to warrant a housekeeping text amendment to avoid similar interpretations in the future. The amendment proposed to correct this issue is about as simple as they come. It is recommended that Section 1201.03 Subd. 2.d.(4) be amended to read: "(4) For single - family and two - family homes, no accessory building, including attached garages, or combination of accessory buildings, shall exceed three in number, nor 1200 square feet in area in the R -IA, R -113, R -1C, R -2A, R -213 and R -3A Districts, nor 1000 square feet in area in the R -ID, R -2C, R -313 and R -C Districts, except by conditional use permit as provided for in Section 1201.04 of this Chapter. In addition, the following conditions shall apply:" (Changes shown in italics) A public hearing has been scheduled for 20 September to consider this matter. The City Attorney has reviewed this draft language and agrees that it resolves the issue. Cc: Brian Heck Tim Keane Attachment I - D- R- A -F -T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO ACCESSORY BUILDINGS Section 1. City Code Section 1201.03 Subd. 2.d.(4) is hereby amended to read: "(4) For single - family and two - family homes, no accessory building, including attached garages, or combination of accessory buildings shall exceed three in number, nor 1200 square feet in area in the R- IA, R -1B, R -1C, R -2A, R -213 and R -3A Districts, nor 1000 square feet in area in the R -ID, R -2C, R -313 and R -C Districts, except by conditional use permit as provided for in Section 1201.04 of this Chapter. In addition, the following conditions shall apply:" Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September 2011. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK Attachment II ® #9A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Authorize the Expenditure of Funds, Lift Station 13, Radisson Entrance Meeting Date: September 26, 2011 Prepared by: Larry Brown, Director of Public Works Reviewed by: Attachments: Site Location Map, Photos, Quote Background: For this item, the sacred rule of water flow prevails. Water flows downhill, unless you pump it. While that sounds elementary, it appears that in 1975, the City chose to install a lift station in the back yard of a home that serves a single home. Attachment 1 is a site location map. Attachments 2 and 3 are photos of the site. While any records that have been found do not justify why this lift station ws installed as a public improvement; on the face of the issue, it appears as though the City may have chosen to take this option from having to increase the depth of the entire sanitary sewer main for this area, thereby dramatically increasing the cost of the sewer main at that time, versus keeping the sanitary sewer main high and installing a lift station for this single home. There are a number of issues regarding this lift station. 1. The station has deteriorated over time and needs work. 2. The lift station is located in the back yard of the residence, which is not accessible by any service vehicles. 3. Access to the lift station is dangerous for employees. Public Works personnel have slipped and fallen several times on the wooden landscape stairs that have accumulated mold and moss. 4. There have been a significant number of failures of the lift station, over the last few months that have been cause to evaluate the condition and overall operations of the lift station. Staff has spent a considerable amount of time over the past months researching the history, searching for any dedicated easements or justification as to why this lift station was installed at the location this was. Unfortunately, we have come up empty handed. Staff has also had under consideration the feasibility of removal of this lift station and persuading the current homeowner to have a simpler ejector system installed, with ownership being turned completely over to the property owner. 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 As stated previously, approximately two months ago, we began experiencing considerable failures with this lift station. After considerable diagnosis and analysis with the City's pump trouble shooters , it was determined that the discharge piping and support system has failed and needs to be replaced to keep the system operable until such time as it can be replaced, in total. A quote for getting the lift station in a dependable state has been provided by the City's pump contractor, for an amount of $5,795 (Attachment 4). Failure to resolve the current issues of the lift station will lead to a very challenging condition, since the lift station is not accessible by any service vehicles. Certainly, it goes without stating that staff would have preferred to avoid any further maintenance costs to this lift station before reaching a solution, such as a private ejector station, to where the city could release responsibility of the lift station to the property owner. However, it is eminent that this station will fail. Unfortunately, reaching agreement with the property owner, proceeding with design, and converting the interior system of the home, is going to take a considerable amount of time with many variables regarding the length of time involved to reach that point. This, is predicated on the assumption that the property owner is cooperative with the transfer of ownership. Based upon this, staff is requesting authorization for the expenditure of funds from the sanitary sewer fund to complete the repairs immediately. This authorization will provide time for staff and our engineering consultants to compile a feasibility study to examine a design, associated costs, and agreements for transfer of ownership for a private sanitary sewer system for this property. With taxes, this expenditure is not to exceed $6,200. Financial or Budget Considerations: The City budgets, as part of the Sanitary Sewer Operating Budget, an amount that equal $5,000 annually, for contractual items involving sanitary sewer. Of that $5,000 budgeted, there currently remains $3,437 in this year's budget. Therefore, if this expenditure is approved, the operating budget for this line item will be exceeded by $2,763 without any consideration of any additional repairs. However, reserves in the Sanitary Sewer Fund will be able to cover any excess generated here. Options: 1. Authorize the Expenditure of Funds, as outlined. 2. Do nothing. 3. Direct staff to research other alternatives. Recommendation / Action Requested: Staff is recommending that Option 1 be accepted, and that the authorization for the expendituyre of funds be approved from the Sanitary Sewer Fund. Next Steps and Timelines: Staff will notify the pump firm to perform repairs immediately Staff will commence with a feasibility report process for this lift station Connection to Vision / Mission: This expenditure targets the mission of having a safe and operational sanitary sewer system. At NORTH STAR PUMP SERVICE Municipal * Industrial * Commercial 9245 247 Street W. Lakeville, MN 55044 Office: (952) 469 -1422 Fax: (952) 469 -5246 northstarpumpservice.com September 15, 2011 Larry Brown, Director of Public Works City of Shorewood E- mailed this day to: lbrown@shorewoodpw.com Larry — North Star Pump Service proposes the following repairs to your simplex station, serving one home: 1. Furnish and install one new discharge elbow and slide bracket. 2. Furnish and install new stainless steel guide rails. 3. Make all necessary piping changes needed to match up to new elbow. 4. Replace pump impeller and wear ring. Total Bid Price - $5,795.00 Price includes all labor, travel time, mileage, equipment and materials for a complete job. Tax on materials is not included and would be added to the invoice. Please call if you have questions or would like to schedule this work. Sincerely, 6�ne geTr Carl Hirt Sales Manager ATTACHMENT 4 ® #9B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Authorization for Expenditure of Funds, Curb Replacement Waterford Place Meeting Date: September 26, 2011 Prepared by: Larry Brown, Director of Public Works Reviewed by: Jean Panchyshyn Attachments: Site Location Map, Photos Background: Councilmember Woodruff had received a concern from the resident at 19810 Waterford Place regarding drainage issues along the curb line along and in front of this property, which dramatically impacted the entire roadway this past winter. Attachment 1 is a site location map. Attachment 2 is a photo taken last winter, by the concerned property owner. Attachment 3 is a photo of the current conditions. Upon inspection of the area, it was determined that the following items have lead to the drainage issue: 1. When the roadway was designed, back in 1984 the centerline grade of the roadway was designed at a very flat grade. Over time, the roadway and curb has settled just enough to hamper an already flat roadway grade. This created a pooling issue on the roadway, and in front of 19810 Waterford Place, and the adjacent properties. 2. The closest storm drain is 130 feet away from the subject property. 3. It appears that due to the poor drainage and the settlement, that sump pump discharges this winter exasperated the issue by a nonstop discharge and freezing over the entire roadway making the roadway near impassable, despite snow clearing and application of deicing chemicals. Staff had survey data taken. After review of the data, staff considered three options: 1. Extend the storm sewer system approximately 130 feet upstream to pick up the drainage at the settlement. • While technically possible, this is the most expensive alternative, by inspection. 2. Have the curb mud jacked. • Quote received from Advance Sandjacking, Inc. $4,190.00 (a) 3. Remove and replace the curb. • Quote Received W.M. Mueller and Sons $ 6,987.00 (a) 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 (a) Quotes received were compared using the curb costs only without restoration, as the firm proposing mud jacking only performed curbing without restoration. Therefore, Public Works will end up performing paving and lawn restoration, once the curb has been restored. These costs are not used for comparison, but are estimated to amount to $2,000 for asphalt, turf replacement and restoration. By the numbers provided, mud jacking appears to be the least expensive alternative. Having stated that, there is always a risk of settlement three to four years later, from the time that the area is pumped. The contractor warrants settlement for a 3 year period, not to exceed % inch. However, % of an inch could make all the difference here. Thus, the warranty in this case is inconsequential. Admittedly, mud jacking is just as much "Art as it is science." However, based on the difference in costs, staff is still recommending attempting to mud jack the curb and have public works perform the restoration. Financial or Budget Considerations: This project has not been budgeted as part of any CIP or Operating Budget. If approved, it is recommended that funds from the Local Roadway Fund be utilized. With all restoration costs calculated in, (i.e. asphalt, milling, turf restoration, and traffic control) it is estimated that the final costs will not exceed $6,200.00 (for the mud jacking option) Options: 1. Accept quote from W.M. Mueller and Sons and authorize the expenditure of funds (for a base amount of $ 6,987.00 with additional restoration costs of approximately $2,000), not to exceed $9,000. 2. Accept quote from Advance Sandjacking Inc. and authorize the expenditure of funds (for a base amount of $ 4,190.00 with additional restoration costs of approximately $2,000), not to exceed $6,200. 3. Reject all quotes and direct staff to research other alternatives. Recommendation / Action Requested: Staff is recommending acceptance of the quote from Advance Sandjacking Inc., and authorizing the expenditure of fund from the Local Roadway Fund, not to exceed $6,200. Next Steps and Timelines: Staff will schedule the work immediately upon approval. Connection to Vision / Mission: This item considers the expenditure of funds to keep and maintain key infrastructure. 1: (2 #1OA U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Resolution in support of Tonka Bay Youth Sports Grant Application Meeting Date: Monday, 26 September, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Jean Panchyshyn, Deputy Clerk Attachments: Resolution Policy Consideration: Should the Council support the City of Tonka Bay's Youth Sports Grant Application? Background: Tonka Bay is applying for a Hennepin County Youth Sports Grant to help rehabilitate the basketball court at Manitou Park. As part of the application, the City of Tonka Bay is seeking resolutions of support from surrounding communities. The rehabilitated basketball court is open to all Tonka Bay residents and non - residents and there is not a reservation requirement. As you recall, Shorewood received a Hennepin County Youth Sports Grant for the rehabilitation of the Manor Park shelter and installation of a new boundless playground system. Financial or Budget Considerations: None Options: 1) Approve the resolution in support of the grant; 2) Deny the resolution in support of the grant. Recommendation / Action Requested: Staff recommends council pass the resolution supporting Tonka Bays grant application. Next Steps and Timelines: Staff will send the resolution of support to Tonka Bay. Connection to Vision / Mission: Quality ameneties. 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 OF SUPPORT FOR THE CITY OF TONKA BAY'S GRANT APPLICATION FOR BASKETBALL COURT IMPROVEMENTS WHEREAS, The City of Tonka Bay owns and operates Manitou Park; and WHEREAS, the basketball court located in Manitou Park is in a state of disrepair and needs improvements; and WHEREAS, the City of Tonka Bay is centrally located within municipalities surrounding Lake Minnetonka; and WHEREAS, the City of Tonka Bay has no park reservation policy and allows all residents and non - residents to freely enjoy park amenities during hours of operation; and WHEREAS, residents in the City of Shorewood are free and encouraged to enjoy and use all park amenities located within Tonka Bay; NOW, THEREFORE, BE IT RESOLVED, that the City of Shorewood supports the City of Tonka Bay's application to the Hennepin Youth Sports Program to assist with funds for repairs and upgrades. ADOPTED BY THE CITY COUNCIL of the City of the Shorewood this 26 day of September, 2011. ATTEST Christine Lizee, Mayor Brian Heck, City Administrator /Clerk 1: (2 #10B U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title / Subject: Gambling and Raffles— Ordinance Amendment Meeting Date: September 26, 2011 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Brian Heck, City Administrator and Tim Keane, City Attorney Attachments: Ordinances (2) and Resolution Background: Attachment 1 is a draft of revisions to the Gambling Ordinance. This Ordinance has been reviewed due to changes in State law. Staff has provided this draft for Council's review. Changes the State has made over the past couple of years include: 1) Premises permit renewals are no longer approved by the city. Any reference to renewals has been removed from Ordinance. The city does approve new premises permit requests, but cities may no longer charge a permit fee. The $100 fee assigned to this will be deleted from the fee schedule. The city may charge an investigation fee of up to $100 for new premises permits; this fee amount had been noted in the Ordinance. The amount of the investigation fee has been removed from the Ordinance and referred to the fee schedule. This permit is to be approved by the City Council by Resolution. The American Legion is the one establishment in Shorewood that has a premises permit. 2) The city must acknowledge the Exempt Permits. The Ordinance has been amended to change the word "Local" to "Exempt ". Cities may charge a fee for exempt permits. The city currently charges a $25 fee. A police background check is not required on the exempt permits, which are typically a one- to five -day event (the maximum allowed by state law is 5 days in a year). The city has never had its own application form for these permits, as we accept the State's form. Reference to the State's application form has been made in the application section. As the city does not approve the Exempt permits, but only acknowledges receipt of the permit application, reference to the conduct of a background investigation has been removed from the local permit section of the Ordinance. The city council may acknowledge these permits; however, staff recommends these permits be acknowledged administratively, as council approval is not required. The last time the city received an exempt permit application was in 2006. 3) Bingo Halls are no longer in existence so all reference to Bingo Halls in §301.08 has been removed. 4) Other minor edits to align with state law have been made. Other changes to the Ordinance include: 5) Section 301.10— recommend to delete since the city does not approve the permit, the state would be responsible to revoke or suspend an Exempt permit. 6) Section 301.14 — Records and Reporting has been marked for deletion, as the city has never required or received these types of records from the VFW or exempt permit holders. 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 Gambling and Raffles— Ordinance Amendment Meeting Date: September 26, 2011 Page 2 A clean copy of the proposed revised Ordinance is provided (Attachment 2). A Resolution authorizing summary publication of the Ordinance is also included (Attachment 3). An Ordinance amending the fee schedule to remove the $100 premises permit fee and add the $100 premise permit investigation fee is attached (Attachment 4). Options: 1) Adopt the Ordinance Amending Chapter 301, as provided; Adopt a Resolution authorizing summary publication of said Ordinance; Adopt an Ordinance amending the fee schedule as it pertains to gambling permit fees. 2) Direct staff to bring the Ordinance, with further recommended edits, to a future Council meeting for consideration of approval, along with the Resolution authorizing summary publication of said Ordinance, and the Ordinance amending the fee schedule for gambling permit fees. Recommendation / Action Requested: Review and approval of both Ordinances and the Resolution, unless further edits are required. Next Steps and Timelines: Upon approval, the Ordinance will be published in the upcoming legal papers. CHAPTER 301 GAMBLING AND RAFFLES Section 301.01 Purpose 301.02 Adoption of state law by reference 301.03 City may be more restrictive than state law 301.04 Definitions 301.05 Applicability 301.06 Lawful gambling permitted 301.07 Council approval 301.08 Application and local approval of premises permits 301.09 Leeal Exempt permits 301.10 Reveeatien and o 3 l eea l 0 301.44 License and permit display 301. Notification of material changes to application 301.12 Local gambling tax 301.4513 Penalty 301.01 PURPOSE. The purpose of this chapter is to regulate and control the conduct of certain gambling activities pursuant to the provisions of M.S. Chapter 349. (1987 Code, § 301.01) 301.02 ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling, are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the Council that all future amendments of M.S. Chapter 349 are hereby adopted by reference or referenced as if they had been in existence at the time this chapter was adopted. 301 -1 Attachment 1 301.03 Shorewood - Business Regulations 301.05 301.03 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The Council is authorized by the provisions of M.S. § 349.213, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on gambling within its limits beyond those contained in M.S. Chapter 349, as it may be amended from time to time. 301.04 DEFINITIONS. In addition to the definitions contained in M.S. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this chapter: BOARD. The State of Minnesota Gambling Control Board. CITY. The City of Shorewood, Minnesota. COUNCIL. The City Council of Shorewood, Minnesota. LICENSED ORGANIZATION. An organization licensed by the Board. LOGAL EXEMPT PERMIT. A permit issued acknowledged by the city. TRADE AREA. The City of Shorewood, Minnesota and each city and township contiguous to this city. 301.05 APPLICABILITY. This chapter shall be construed to r erp snit all forms of lawful gambling within the city except: Subd. 1. Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if: the prizes for a single bingo game do not exceed $10; total prizes awarded at a single bingo occasion do not exceed $200; no more than two bingo occasions are held by the organization or at the facility each week; only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game; no compensation is paid for any persons who conduct the bingo; and a manager is appointed to supervise the bingo. Subd. 2. Raffles, if the value of all prizes awarded by the organization in a calendar year does not exceed $759 301 -2 301.06 Gambling and Raffles 301.08 301.06 LAWFUL GAMBLING PERMITTED. Lawful gambling is permitted within the city if the Council b y r esolutio n adopted b ,-ity 4 is fn°mbefs . ga mbling to o r, provided it is conducted in accordance with M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; M.S. § § 349.11 to 349.23, inclusive, as they may be amended from time to time, and this chapter. 301.07 COUNCIL APPROVAL. Lawful gambling authorized by M.S. § § 349.11 to 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the Geu*e4 subject to the provisions of this chapter and state law. Penalty, see § 301.4514 301.08 APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS. Subd. 1. Any organization seeking to obtain a new premises permit of bi ige hall license of fetie a ^� renp �* bing hall lieense-- the Board shall file with the City Administrator /Clerk an executed, complete duplicate application together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the Board. Subd. 2. Upon receipt of an application for issuance o of a premises permit of binge ha4 Vie the City Administrator /Clerk shall transmit the application to the Chief of Peli vv l v° ^or- the Sneriff�e eeunty in whieh t eity is leeate I - , Police Department for review and recommendation. Subd. 3. The Chief nee of Shefi€Police Department shall investigate the matter and make a review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. Subd. 4. Organizations of binge hall applying for a state - issued premises permit of binge hal lieense shall pay the city a n investigation fee as provided in 1301.02 of this code. $499 This fee shall be refunded if the application is withdrawn before the b investigation is commenced. Subd. 5. The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application. Subd. 6. The Council shall disapprove an application for issuance o f fenewal of a premises permit for any of the following reasons: a. Violation by the gambling organization of any state statute, state rule or city ordinance relating to gambling within the last three years. 301 -3 301.08 Shorewood - Business Regulations 301.09 b. Violation by the on -sale establishment or organization leasing its premises for gambling of any state statute, state rule or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years. Otherwise the Council shall pass a resolution approving the application. 301.09 LOCAL ACKNOWLEDGEMENT OF EXEMPT PERMITS. Subd. 1. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by M.S. § 349.166, as it may be amended from time to time, without avalid local acknowledgement of the exempt permit. This section shall not apply to lawful gambling exempted from local regulation by § 301.05. Subd. 2. Applications for issuance H of an lecal exempt permit shall be submitted to the city on a form prescribed by the eity Board . The applieation shal l eeaa i the f llo if g a .�r�� err . e�eeera [S ■��fS \ \ \ \R! \•�1 �4 \1 \ \��TT� l� ■ \ \S /f�lS� \�I�f \ \9�% \�� 1 \ \�l \Tl� \ \ \ =�� \ \7 �� %� \ \� \�l\ b. Name and addfess of the offleer-s and per-se fef feceipts, expenses, and profits f6f the b eat leasin e. Copy of femal of b b femal ehafged to Subd. 3. The Council may establish by ordinance a local fee for a exempt leeal permit as provided in 1301.02. The fee shall be submitted with the application for a exempt local permit. b mod. Subd. 4. Upon receipt of the application for an exempt permit and local permit fee, the city shall review the application for completeness, acknowledge and return the application to the applicant. 301 -4 JIM 301 -4 301.09 Gambling and Raffles 301.10 IN mom w Subd. 9. Exempt permits shall be valid for one y eaf aftef the date & f4ss�the date(s) of activity noted on the permit application tinless suspe of Penalty, see § 301.15 mss.« e�srirs� r�se��n�E��cs :r.�e�ssse�� I'M' MINAMMON IN 0111 Subd. 9. Exempt permits shall be valid for one y eaf aftef the date & f4ss�the date(s) of activity noted on the permit application tinless suspe of Penalty, see § 301.15 mss.« e�srirs� r�se��n�E��cs :r.�e�ssse�� 301 -5 IN 0111 301 -5 301.11 Shorewood - Business Regulations 301.15 301.U-10 LICENSE AND PREMISES PERMIT DISPLAY. All permits issued under state law or this chapter shall be prominently displayed during the permit year at the premises where gambling is conducted. Penalty, see § 301.15 301.11 NOTIFICATION OF MATERIAL CHANGES TO APPLICATION. An organization holding a state - issued premises permit or a exempt leeal permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. Penalty, see § 301.4514 301.12 LOCAL GAMBLING TAX. The City Council may, by ordinance, establish a local gambling tax imposed on the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. W. •_ IF IF OF pir 301.13 PENALTY. Any person who violates: Subd. 1. Any provision of this chapter; Subd. 2. M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; or 301 -6 301.15 Gambling and Raffles 301.15 Subd. 3. M.S. § 349.1 to 349.2 as they may be amended from time to time, or any rules promulgated under those sections, as they may be amended from time to time; shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both, not to exceed statutory limits, plus in either case the costs of prosecution. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPLACE EXISTING CHAPTER 301 IN ITS ENTIRETY WITH A REVISED CHAPTER 301 (GAMBLING AND RAFFLES) Section 1. Chapter 301 (Gambling and Raffles) of the Shorewood City Code is hereby deleted in its entirety and replaced with: "CHAPTER 301 GAMBLING AND RAFFLES Section 301.01 Purpose 301.02 Adoption of state law by reference 301.03 City may be more restrictive than state law 301.04 Definitions 301.05 Applicability 301.06 Lawful gambling permitted 301.07 Council approval 301.08 Application and local approval of premises permits 301.09 Local acknowledgement of exempt permits 301.10 License and permit display 301.11 Notification of material changes to application 301.12 Local gambling tax 301.13 Penalty 301.01 PURPOSE. The purpose of this chapter is to regulate and control the conduct of certain gambling activities pursuant to the provisions of M.S. Chapter 349. (1987 Code, § 301.01) 301 -1 Attachment 2 301.02 Shorewood - Business Regulations 301.05 301.02 ADOPTION OF STATE LAW BY REFERENCE. The provisions of M.S. Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling, are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the Council that all future amendments of M.S. Chapter 349 are hereby adopted by reference or referenced as if they had been in existence at the time this chapter was adopted. 301.03 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW. The Council is authorized by the provisions of M.S. § 349.213, as it may be amended from time to time, to impose, and has imposed in this chapter, additional restrictions on gambling within its limits beyond those contained in M.S. Chapter 349, as it may be amended from time to time. 301.04 DEFINITIONS. In addition to the definitions contained in M.S. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this chapter: BOARD. The State of Minnesota Gambling Control Board. CITY. The City of Shorewood, Minnesota. COUNCIL. The City Council of Shorewood, Minnesota. LICENSED ORGANIZATION. An organization licensed by the Board. EXEMPT PERMIT. A permit acknowledged by the city. TRADE AREA. The City of Shorewood, Minnesota and each city and township contiguous to this city. 301.05 APPLICABILITY. This chapter shall be construed to permit all forms of lawful gambling within the city except: Subd. 1. Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if: the prizes for a single bingo game do not exceed $10; total prizes awarded at a single bingo occasion do not exceed $200; no more than two bingo occasions are held by the organization or at the facility each week; only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game; no compensation is paid for any persons who conduct the bingo; and a manager is appointed to supervise the bingo. 301 -2 301.05 Gambling and Raffles 301.08 Subd. 2. Raffles, if the value of all prizes awarded by the organization in a calendar year does not exceed $1500. 301.06 LAWFUL GAMBLING PERMITTED. Lawful gambling is permitted within the city provided it is conducted in accordance with M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; M.S. § § 349.11 to 349.23, inclusive, as they may be amended from time to time, and this chapter. 301.07 COUNCIL APPROVAL. Lawful gambling authorized by M.S. § § 349.11 to 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the city, subject to the provisions of this chapter and state law. Penalty, see § 301.13 301.08 APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS. Subd. 1. Any organization seeking to obtain a new premises permit from the Board shall file with the City Administrator /Clerk an executed, complete duplicate application together with all exhibits and documents accompanying the application as filed with the Board. The application and accompanying exhibits and documents shall be filed not later than three days after they have been filed with the Board. Subd. 2. Upon receipt of an application for issuance of a premises permit, the City Administrator /Clerk shall transmit the application to the Police Department for review and recommendation. Subd. 3. The Police Department shall investigate the matter and make a review and recommendation to the City Council as soon as possible, but in no event later than 45 days following receipt of the notification by the city. Subd. 4. Organizations applying for a state - issued premises permit shall pay the city an investigation fee as provided in 1301.02 of this code. This fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 5. The Council shall, by resolution, approve or disapprove the application within 60 days of receipt of the application. Subd. 6. The Council shall disapprove an application for issuance of a premises permit for any of the following reasons: a. Violation by the gambling organization of any state statute, state rule or city ordinance relating to gambling within the last three years. 301 -3 301.08 Shorewood - Business Regulations 301.11 b. Violation by the on -sale establishment or organization leasing its premises for gambling of any state statute, state rule or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three years. Otherwise the Council shall pass a resolution approving the application. 301.09 LOCAL ACKNOWLEDGEMENT OF EXEMPT PERMITS. Subd. 1. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by M.S. § 349.166, as it may be amended from time to time, without local acknowledgement of the exempt permit. This section shall not apply to lawful gambling exempted from local regulation by § 301.05. Subd. 2. Applications for issuance of an exempt permit shall be submitted to the city on a form prescribed by the Board. Subd. 3. The Council may establish by ordinance a local fee for an exempt permit, as provided in §1301.02. The fee shall be submitted with the application for an exempt permit. Subd. 4. Upon receipt of the application for an exempt permit and local permit fee, the city shall review the application for completeness, acknowledge and return the application to the applicant. Subd. 5. Exempt permits shall be valid for the date(s) of activity noted on the permit application. Penalty, see § 301.13 301.10 LICENSE AND PREMISES PERMIT DISPLAY. All permits issued under state law or this chapter shall be prominently displayed during the permit year at the premises where gambling is conducted. Penalty, see § 301.13 301.11 NOTIFICATION OF MATERIAL CHANGES TO APPLICATION. An organization holding a state - issued premises permit or an exempt permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. Penalty, see § 301.13 301 -4 301.12 Gambling and Raffles 301.12 LOCAL GAMBLING TAX. 301.13 The City Council may, by ordinance, establish a local gambling tax imposed on the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. 301.13 PENALTY. Any person who violates: Subd. 1. Any provision of this chapter; Subd. 2. M.S. §§ 609.75 to 609.763, inclusive, as they may be amended from time to time; or Subd. 3. M.S. § 349, as they may be amended from time to time, or any rules promulgated under those sections, as they may be amended from time to time; shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment, or both, not to exceed statutory limits, plus in either case the costs of prosecution." Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of September 2011. Christine Liz&, Mayor ATTEST: Brian Heck, City Administrator /Clerk 301 -5 CITY OF SHOREWOOD RESOLUTION NO. 11- A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY WHEREAS, on 26 September 2011, the City Council of the City of Shorewood adopted Ordinance No. entitled "An Ordinance Amending the Shorewood City Code to Replace Existing Chapter 301 in Its Entirety With a Revised Chapter 301 "; and WHEREAS, the City staff has prepared a summary of Ordinance No. as follows: 1. Chapter 301 of the City Code pertains to Lawful Gambling. 2. Chapter 301 has been amended include state law requirements for premises permits, specifically that renewal premises permits are only approved at the state and no longer required to be approved by the city council; removal of any reference to "bingo halls ", which is no longer valid; requirements for exempt permits acknowledged by the city; and other minor edits. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: The City Council finds that the above title and summary of Ordinance No. clearly informs the public of intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. by title and summary, pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3. A full copy of the Ordinance is available at Shorewood City Hall and on the city's website. ADOPTED by the Shorewood City Council on this 26th day of September 2011. ATTEST Christine Lizee, Mayor Brian Heck, City Administrator /Clerk Attachment 3 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Section 1. Miscellaneous Permits and Licenses, change the Gambling license fees from: to: Type of Charge /Fee Amount of Charge /Fee Gambling license 301.06.2 $100 biennial 301.06.1 $25 temporary Type of Charge /Fee Amount of Charge /Fee Premises Permit -New 301.08.4 $100 Investigation fee Gambling permit- exempt 301.09.3 $25 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 26th day of September 2011. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator /Clerk Attachment 4 � 11% City of Shorewood Council Meeting Item Title / Subject: Eagle Scout Project Request Meeting Date: September 26, 2011 Prepared by: Twila Grout Reviewed by: Brian Heck and Jean Panchyshyn Attachments: #ZOC MEETING TYPE Regular Meeting Policy Consideration: Approving and authorizing Michael Greer to start his Eagle Scout project before presenting it at the Park Commission meeting on October 11, 2011. Background: Eagle Scout candidate Michael Greer would like to build a compost bin for the community garden which is located at the South Shore Community Park. Having a compost bin would give the gardeners a place to dispose of their garden waste and not put it in the garbage cans. Michael would like to start the project right away, before the cold starts in. His deadline for the project is November 28, 2011. Michael will be attending the council meeting first before attending the Park Commission meeting, in hopes to start his project sooner. Michael will be present at the City Council meeting to answer any questions and go over the project with council. Financial or Budget Considerations: There should not be any financial or budget considerations for the city. Options: 1. Approve Eagle Scout candidate Michael Greer's project and allow him to move forward with his project. Require that he attend the October 11 Park Commission meeting to present the Park Commission his project. Require that he consult with the Director of Public Works as to the best location of the compost bin at the South Shore Community Park. 2. Require Michael Greer go to the Park Commission first with his project for the Park Commissioners approval and recommendation. 3. Do nothing. Recommendation / Action Requested: Staff recommends Option #1 above. Next Steps and Timelines: If Council approves this Eagle Scout project, Michael would be able start his project now in order to complete it while the weather is still nice. He will attend the next Park Commission meeting on October 11, 2011. 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 LQ 5(e S &(eer t c+ 4antto�� IL &JL a P� A P � , , F : >.. '�' -.'fir tro CD co rn Qa \0 N Os N 9 ON 5' Turning let Hasp (Nnge side) Kin cum zlx" C*mtr in Fencing staple for ottadiing chain. One an each hd 5/4x6'x3A`/`* Slat$ lVi 41 5 in ajoh sontpariment loose kiting between WN k With V deck screws in the bottom edge V Turning Hasp t1f, Rill I 5* T [ lock side] On top slats only OUR node delail 2x4•x34'4" [ON step number wdh W 2*x4'x72" notch all top W i�o 8tt5d+ing chart ♦ 1b Back A W2' a between slats r Fencing f Steales Hardware Cloth IV . U O I J I. Ur langth W4x6"%3414 "-- 2w ♦ 1b Back A W2' a between slats r Fencing f Steales Hardware Cloth IV . U O • '44 41 r 44"i2j, ® #11A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Resident Survey Meeting Date: Monday, September 26 Prepared by: Brian Heck, City Administrator Reviewed by: Jean Panchyshyn, Deputy Clerk Attachments: Draft Resident Survey Policy Consideration: Approve the attached survey Background: Council awarded a contract to National Research Center to conduct a resident survey for the city in order to gather information on how residents feel about city, the services we offer, and the direction the city is going. Staff has been working with NRC over the past few weeks to develop the survey instrument. The draft questionnaire is attached for review and comment. The survey mailing is scheduled to begin in early October, as noted on the attached Example Timeline. Recommendation / Action Requested: Review the questionnaire and make suggestions to add or delete questions. Next Steps and Timelines: Upon approval of the survey instrument, the National Research Center will begin the mailing of the survey. Connection to Vision / Mission: Conducting the resident survey will aid in all aspect of the mission statement. 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 Shorewood, MN Community Survey ( 22 We know that an effective report will be reviewed and discussed by many people in Shorewood after we have completed any formal presentations and workshops, and that new questions may arise. We commit to supporting these discussions by offering crosstabulations and other additional analyses of results when needed. And, though we will not abandon you with your data, we always will provide you with the electronic dataset of your responses for your future reference and use. Example Timeline Shorewood's estimated project timeframe starts around the beginning of September and wraps up by January 2012. Following is an example timeline, showing one approach to completing the project on a typical timeline while taking into account the holiday season. Should Shorewood prefer additional time for survey development (which we see typically can take 4 -6 weeks in many communities, depending on the internal involvement /feedback plan) or shift the delivery of the draft or final reports —or any other revisions — we will work with you to design the optimal project timeline for your needs. We will encourage you to "protect" the five -week data collection interval in order to maximize your response rate. Task Date Contractaward ................................................................................. ............................... September 1, 2011 Finalize mailing materials (postcard, letters, and envelopes) ...... .............................by September 16, 2011 Print and prepare survey materials ........ ............................... ...........................week of September 23, 2011 Finalize survey instrument (iterative process) .................. ............................... through September 23, 2011 Mail prenotification postcard ........................................ ............................... ........................October 7, 2011 Print survey packets and assemble mailings ........................... ............................... week of October 7, 2011 Mailfirst wave survey .................................................. ............................... ........................October 14, 2011 Mail second wave of surveys ....................................... ............................... ........................October 21, 2011 Data collection, cleaning and coding of surveys ................ ............................... through November 11, 2011 Electronic data entry .......................................................... ............................... week of November 13, 2011 Data analysis and report writing ................. ............................... ........................through December 22, 2011 Draft report emailed to City of Shorewood ................................... .............................by December 22, 2011 Review of draft by City of Shorewood staff ...... ............................... ........................through January 6, 2011 Report finalized by NRC and delivered via email to City of Shorewood ......................... by January 18, 2012 Presentation to City Council ..... .................................... ............................. ............ ............. ......... TBD in 2012 submitted by National Research Center, Inc. 1. Please rate each of the following aspects of quality of life in Shorewood. 2. Please rate each of the following characteristics as they relate to Shorewood as a whole'. Excellent Good Fair Poor Don't know Shorewood as a'place to live ....! ........ . ......... ........! ......... ................. 1 2 3 4 5' Your neighborhood as a place to live ..... ......... ......... ......... .................. 1 2 3 4 5 Shorewood as a place to raise children.' . ......... ........! ......... .................. 1 2 3 4 5' Shorewood as a place to retire .. ......... ......... ......... ...........................1 2 3 4 5 2. Please rate each of the following characteristics as they relate to Shorewood as a whole'. 4. About how often, if at all, do you talk to or visit with your immediate neighbors (people who live in the 10 or 20 households that are closest to you)? O Just about every day O Several times a week O Several times a month O Less than several times a month Page 1 of 5 The ON of Shorewood 2011 Resident Survev Excellent '' Good Fair Poor Don't know Sense of community ...... ........! ......... ......... ........! ......... .................. 1 2 3 4 5' Overall appearance of Shorewood ......... ......... ......... ......... .................. 1 2 3 4 5 Variety of housing opportunities ... ........ ....... ........ ........ ....... ........ .............. 1 2 3 4 5' Ease of access to shopping opportunities ......... ......... ......... .................. 1 2 3 4 5 Recreational opportunities ............................................................................ 1 2 3 4 5' Educational opportunities ......... ......... ......... ......... ........: .................1 2 3 4 5 Opportunities to participate in social events and activities.......' . .................. 1 2 3 4 5' Opportunities to attend family- oriented events /activities .............................. 1 2 3 4 5 Opportunities for senior /older adult activities .. ........, ........' . ................. 1 2 3 4 5' Opportunities to attend Southshore Community Center activities ................ 1 2 3 4 5 Opportunities to volunteer.......! ........ . ......... ........! ......... .................. 1 2 3 4 5' Opportunities to participate in community matters.....! ........! . .................. 1 2 3 4 5 Ease of car travel in Shorewood: ........ . ....... ........ ........ ....... ........ .............. 1 2 3 4 5' Ease of bicycle travel in Shorewood ....... ......... ......... ......... .................. 1 2 3 4 5 Ease of walking in Shorewood ..; ........ . ......... ......... ......... .................. 1 2 3 4 5' Availability of paths and walking trails..' . ......... ......... ......... ..................1 2 3 4 5 Traffic flow on major streets ...... ........, ........ ........: ......... ........ ......... 1 2 3 4 5' Availability of affordable quality housing ......... ......... ......... .................. 1 2 3 4 5 Availability of affordable quality child care ....... ........! ......... ................. 1 2 3 4 5' Availability of affordable quality health care ..... ......... ......... .................. 1 2 3 4 5 Availability of preventive health' services ......... ......... ......... .................. 1 2 3 4 5' Availability of open space ......... ......... ......... .......... ......... ..................1 2 3 4 5 Air quality ........ . ......... ........! ......... ......... ........! ......... ................. 1 2 3 4 5' Quality of overall natural environment in Shorewood ... ......... .................. 1 2 3 4 5 Overall image /reputation of Shorewood ......... ......... ......... .................. 1 2 3 4 5' 3. To what extent do you agree or disagree, if at all, that each statement below describes the City of Shorewood? Strongly Somewhat Neither agree Somewhat Strongly Don't agree agree nor disagree disagree disagree know Shorewood is a safe community with a low crime rate .................1 2 3 4 5 6 Shorewood has tight -knit neighborhoods ......... ........! ........!....1 2' 3 4 5 6 The City offers the best schools) ......... ......... ......... ............1 2 3 4 5 6 4. About how often, if at all, do you talk to or visit with your immediate neighbors (people who live in the 10 or 20 households that are closest to you)? O Just about every day O Several times a week O Several times a month O Less than several times a month Page 1 of 5 The ON of Shorewood 2011 Resident Survev 5. To what degree, if at all, are run down buildings, weed lots or junk vehicles a problem in Shorewood? O Not a problem O Minor problem O Moderate problem O Major problem O Don't know 6. In the last 12 months, have you or other household members participated in Shorewood's Spring Clean -up Drop Off program? O Yes4 Go to question 7 O No 4 Go to question 8 O Don't know4 Go to question 8 7. If you HAVE used the Spring Clean -up Drop Off program, please rate each of the following aspects. Excellent Good Fair Poor Don't know Easeof use .............................................................. ............................... 1 2 3 4 5 Cost of disposing of items ....................................................................... 1 2 3 4 5' Convenience of drop -off site location ........ ......... ......... .................. 1 2 3 4 5 8. Please rate how safe or unsafe you feel... Very Somewhat Neither safe Somewhat Very Don't safe safe nor unsafe unsafe unsafe know From violent crime (e.g., rape, assault, robbery) . ..............................1 2 3 4 5 6 From property crimes (e.g., burglary, theft) ... ........ ......! .................1 2 3 4 S 6 From environmental hazards, including toxic waste ...... .................1 2 3 4 5 6 In your neighborhood during the day ......... .................1' 2 3 4 5 6 In your neighborhood after dark ......... ......... ......... .................1' 2 3 4 5 6 9. During the past 12 months, were you or anyone in your household the victim of any crime? O Yes 4 Go to question 10 O No 4 Go to question 11 O Don't know 4 Go to question 11 10. If yes, was this crime (these crimes) reported to the police? O Yes O No O Don't know 11. In the last 12 months, about how many times, if ever, have you or other household' members participated in the following activities in Shorewood? Page 2 of 5 Once or 3 to 12 13 to 26 More than Never twice times times 26 times Used Hennepin County public libraries or their services ......... ......... ........ 1 2 3 4 5 Used Southshore Community Center....' . ......... ......... ......... .................. 1 2 3 4 5' Participated in a recreation program or activity ......... ......... .................. 1 2 3 4 5 Visited a'park in Shorewood.....! ........ . ......... ........! ......... ................. 1 2 3 4 5' Attended a meeting of local elected officials or other local public meeting.... 1 2 3 4 5 Watched' a meeting of local elected officials or other Shorewood - sponsored public meeting on cable television, the Internet or other media ......:......... 1 2 3 4 5' Read the Shore Report - the city newsletter ..... ......... ......... .................. 1 2 3 4 5 Visited the Shorewood Web site (at www.ci.shorewood.mn.us) .................. 1 2 3 4 5' Recycled used paper, cans, bottles or cardboard from your home ................ 1 2 3 4 5 Volunteered your time to some group or activity in Shorewood ................. 1 2 3 4 5' Participated in religious or spiritual activities in Shorewood ........................... 1 2 3 4 5 Participated in a'club or civic group in Shorewood ........ ......... .................. 1 2 3 4 5' Provided help to a friend or neighbor .... ......... ......... ......... .................. 1 2 3 4 5 12. Please select which of the following programs or activities, if any, you or other household members have participated in over the last 12 months. (Please select all that apply.) O Oktoberfest 0 Kayaking O Skateboarding Camp O MCE Summer Rec Program O Art /Paint Classes 0 Safety Camp O Music in the Park O All of these O Garden Fair O Tennis at Badger O Movie in the Park O None of these O Free Fridays in Freeman O Youth Cooking Classes O Arctic Fever 13. Please select which of the following Shorewood recreational facilities, if any, you or other household members have used over the last 12 months. (Please select all that apply.) O Playground equipment O Tennis court O Paths/ trails O Ice skating area O Picnic tables/ grills O Volleyball court O Multi -use building O All of these O Picnic shelter O Baseball field O Warming house O None of these Page 2 of 5 The City of Shorewood 2011 Resident Survey 14. Please rate the quality of each of the following services in Shorewood. 3 4 5 15. Overall, how would you rate the quality of services provided in the City of Shorewood? Excellent Good Fair Poor Don't know Fire district's response to calls ........................................ ............................... 1 2 3 4 5 Fire district's education and prevention' . ......... ........! ......... .................. 1 2 3 4 5' Fire district's visibility in the community ......... ......... ......... .................. 1 2 3 4 5 Fire district services overall ......1 ........ . ......... ......... ......... .................. 1 2 3 4 5' Police response to calls . ......... ......... ......... ......... ......... .................. 1 2 3 4 5 Police education and crime prevention.' . ......... ........! ......... ................. 1 2 3 4 5' Police visibility in the community ................................... ............................... 1 2 3 4 5 Police services overall.... ........: ........ . ......... ........1 ......... ................. 1 2 3 4 5'' Ambulance or emergency medical services ................................................ 1 2 3 4 5 Traffic enforcement ...... ........1 ........, ......... ......... ......... .................. 1 2 3 4 5' Street maintenance /repair (i.e., filling potholes) ......... ......... .................. 1 2 3 4 5 Street cleaning /sweeping ........! ........ . ......... ........! ......... .................. 1 2 3 4 5' Street resurfacing ........................................................... ............................... 1 2 3 4 5 Street lighting ... . ......... ........: ......... ......... ......... ......... .................. 1 2 3 4 5' Street signage and street markings ........ ......... ......... ......... .................. 1 2 3 4 5 Snowplowing on city streets ...... ........, ........ ........: ......... ........ ......... 1 2 3 4 5' Applying salt /sand on icy streets ......... ......... ......... ...........................1 2 3 4 5 Road condition .' . ......... ........1 ......... ......... .......... ......... ................. 1 2 3 4 5'' Sidewalk /trail maintenance ....... ......... ......... ......... ......... .................. 1 2 3 4 5 Storm drainage .' . ......... ........1 ........, ......... ......... ......... .................. 1 2 3 4 5' Sanitary sewer services . ......... ......... ......... ......... ......... .................. 1 2 3 4 5 Shorewood parks ......... ........! ......... ......... ........! ......... .................. 1 2 3 4 5' Park and recreation programs or classes ......... ........: ......... .................. 1 2 3 4 5 Southshore Community Center program or classes ....... ......... .................. 1 2 3 4 5' Southshore Community Center overall .. ......... ......... ......... ................. 1 2 3 4 5 Building inspections ...... ........! ......... ......... ........! ......... ................. 1 2 3 4 5' Land use, planning and zoning ....... ............................... ......... .................. 1 2 3 4 5 Code enforcement (weeds, abandoned buildings, etc.)', ........' . .................. 1 2 3 4 5' Animal control services . ........: ......... ......... ......... ...........................1 2 3 4 5 Services to seniors.. ....... ....... ........ ......., ....... ........ ........ ....... ........ ..... ......... 1 2 3 4 5' Services to youth ........ ......... ......... ......... ......... ......... .................. 1 2 3 4 5 Services to low- income people.. ........ . ......... ......... ......... .................. 1 2 3 4 5' Public library services.... ........ . ......... ......... ......... ......... ..................1 2 3 4 5 Public schools....' . ......... ........1 ........, ......... ......... ......... .................. 1 2 3 4 5' Cable television. . ......... ....._... ......... ......... ......... ......... .................. 1 2 3 4 5 Preservation of natural areas such as open space and greenbelts .................. 1 2 3 4 5 15. Overall, how would you rate the quality of services provided in the City of Shorewood? O Excellent O Good O Fair O Poor O Don't know 16. Is your water supplied by the City? O Yes 4 Go to question 17 O No 4 Go to question 19 O Don't know 4 Go to question 19 17. If you HAVE municipal water, please rate each of the following aspects. Excellent Good Fair Poor Don't know Quality (e.g., taste of water) .................................... ............................... 1 2 3 4 5 Dependability of service.. ... ........, ....... ........ ........ ....... ........ .............. 1 2 3 4 5' Cost .................. ......... .................. ......... ...........................1 2 3 4 5 18. If you DO NOT have municipal water, please indicate why not. (Please select all that apply.) O No connection available O Some other reason O Too expensive to connect O Don't know O Concerned about city water quality Page 3 of 5 19. The City Council is considering the best way to use the remaining funds from the liquor operations prior to their sale in 2007 (approximately $700,000). Thinking about the next 5 years, first, please indicate how important, if at all, each of the following is to you. Then, select the ONE you feel is the most important for the City to spend these funds on. Don't know .........................1 Very Somewhat Not at all Don't Most Essential important important important know important Park improvements (i.e., updated play structures, additional shelters, 4 S lighting for tennis courts) ....................................... ..............................1 2 3 4 5 O Expand trails and walkways ....... ........, ......... ........: ......... ............1 2 3 4 5 O Expand recreational and social programs for all ages .... ......... .............1 2 3 4 5 O Environmental improvements (i.e., diseased trees, lake water quality) i.... 1 2 3 4 5 C? Road improvements (i.e., reconstruction, resurfacing) . ......... .............1 2 3 4 5 O 20. Thinking about the next 5 years, first, please indicate how important, if at a and recreation protects is to you. Then, select the ONE project you feel is th New recreational /Community Center programs ......................... Additional basketball courts ....................................................... Programs for seniors ..... ......... ......... ......... ......... ........... New tennis courts at Badger Park ......... ........! .......... Lights on ball fields at Freeman Park ...... ......... ......... ........... Skating rink at Freeman. ........1 ........, ......... ........... Updated skate park facilities ..... ......... ......... ........... 21. To what extent do you support or oppose having a single trash O Strongly support O Somewhat support O Somewl 22. Have you had any in- person or phone contact with an employe O Yes 4 Go to question 23 O No 4 Go to question f 23. What was your impression of the employee(s) of the City c characteristic below.) Knowledge ............. ........! ......... ....................... Responsiveness ...... ........! ........! ........... Follow- up...!. ......... ........!. ......... ........... Courtesy.....!. ........1 ........, ......... ........... Timeliness ... ......... ........! ._....... ........... 1 2 2 ........1 2 uler in the City of oppose O of the following potential Shorewood park important for the City to focus on. Somewhat Not at all Don't Most ant important important know important 3 4 5 O 3 4 5 O 3 4 5 O 3 4 5 0 3 4 5 O 3 4 5 O 3 4 5 O ''Shorewood, rather than multiple haulers? Strongly oppose O Don't know ewood within the past 12 months? Shorewood in your most recent contact? (Rate each Excellent Good Fair Poor Don't know .........................1 2 3 4 5 ...... ..................1 2 3 4 S ...... ..................1 2 3 4 5 ..... ..................1' 2 3 4 S ...... ..................1 2 3 4 5 24. Please rate the following categories of Shorewood government performance. 25. Please rate the following categories of performance of the City of Shorewood Administration. Excellent Good Fair Poor Don't know The value of services for the taxes paid to Shorewood ................ ..............................1 ..............................1 2 3 4 5 Opportunities to participate in City government decisions.......' . ........ ..................1' ........ ..................1 2 3 4 S Shorewood's elected officials' consideration of what people like me think ...............1 2 3 4 5 Running Shorewood's local government in the best interest of residents .................. 1' 2 3 4 S Shorewood's government as an example of how best to provide services .................1 ........ ......... ..................1 2 3 4 5 25. Please rate the following categories of performance of the City of Shorewood Administration. Page 4 of 5 Excellent Good Fair Poor Don't know Response to resident complaints and concerns ........................... ..............................1 2 3 4 5 Public meetings about City plans ........ . ........ ........: ........!. ........ ..................1 2 3 4 5 Transparency and accountability ......... ......... ......... ......... ......... ..................1 2 3 4 5 Information about City plans and programs ...... ........: ......... ......... ..................1' 2 3 4 5 Quality of the City's Web site ( www.ci.shorewood.mn.us) ........ ......... ..................1 2 3 4 5 Page 4 of 5 The City of Shorewood 2011 Resident Survey 26. How informed or not informed do you consider yourself to be about local government issues and operations of the City of Shorewood? O Very informed O Moderately informed O Slightly informed O Not well informed 27. Do you have access to the Internet at home? O Yes 4 Go to question 28 O No 4 Go to question 29 28. Please indicate whether you have Internet access through each of the following. (Please select all that apply.) O DSL O Satellite O Cell phone /PDA O None of these O Cable modem O Dial -up O Other O Don't know 29. How frequently, if ever, do you use the following sources to gain information The City's Web site (www.ci.shorewood.mn.us) Sun Sailor newspaper Excelsior Bay Times newspaper Word of mouth Social networking sites (i.e., Facebook, MySpace, Twitter, etc.) D1. How many years have you lived in Shorewood? O Less than 2 years O 11 -20 years O 2 -5 years O More than 20 years O 6 -10 years D2. Which best describes the building you live in? O One family house detached from any other houses O House attached to one or more houses (e.g., _a duplex or townhome) O Building with two or more apartments or condominiums O Other' D3. Is this house or apartment... O Rented for cash or occupied without cash payment? O Owned by you or someone in this house with a mortgage or free and clear? D4. Do any children 18 or under live in your household? O Yes O No D5. Are you or any other members of your household aged 65 or older? O Yes O No D6. In which category is your age? O 18 -24 years O 55 -64 years O 25 -34 years O 65 -74 years O 35 -44 years O 75 years or older O 45 -54 years 1 2 1 2 1 2 1' 2 1 2 1'' 2 1 2 1' 2 1' 2 of Shorewood? f,l,,,,, Sometimes Never 3 4 3' 4 3 4 3' 4 3' 4 3' 4 3 4 3' 4 3 4 How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) O Less than $24,999 O $150,000 to $199,999 O $25,000 to $49,999 O $200,000 to $249,999 Q $50,000 to $99,999 O $250,000 to $299,999 O $100,000 to $149,999 O $300,000 or more Are you Spanish, Hispanic or Latino? O No, not Spanish, Hispanic or Latino O Yes, I consider myself to be Spanish, Hispanic or Latino D9. What is your race? (Mark one or more races to indicate what race you consider yourself to be.) O American Indian or Alaskan Native O Asian, Asian Indian or Pacific Islander O Black or African American O White O Other D10. What is your gender? O Female O Male Thank you for completing this survey. Please return the completed survey in the postage -paid envelope tot National Research Center, Inc., PO Box 549 Belle Mead, NJ 08502 Page 5 of 5 JOINT POWERS AGREEMENT #IIB Among the Department of Natural Resources, the City of Shorewood and the Minnehaha Creek Watershed District for Aquatic Invasive Species Prevention and Management This joint powers agreement is made this day of , 2011, by and among the Department of Natural Resources, an administrative agency of the State of Minnesota (DNR); the City of Shorewood, a body corporate and politic and a statutory city in the State of Minnesota (Shorewood) and the Minnehaha Creek Watershed District, a watershed district with purposes and powers as set forth in Minnesota Statutes Chapters 103B and 103D (MCWD). This agreement is executed under authority of Minnesota Statutes § 471.59, which permits two or more governmental units to jointly and cooperatively exercise any power common to each of them. Recitals and Purposes WHEREAS AQUATIC INVASIVE SPECIES (AIS) such as Eurasian watermilfoil and zebra mussels have rapidly established themselves in the state and in the Minnehaha Creek watershed, damaging the ecological health and threatening recreational utility of waters and AIS have a significant capacity not only to change the aesthetics of aquatic ecosystems, but also to replace or damage plants and animals of horticultural, agricultural, ecological, cultural and recreational value, cause or exacerbate disease, and damage lake ecology, recreation, property values, commerce and industry, and the capacity of waterbodies to support designated uses can also be fundamentally undermined if AIS are not prevented, contained, controlled, managed or eliminated; WHEREAS THE DNR has been authorized and charged with responsibility by the state legislature to establish a statewide program to prevent and manage the spread of invasive species of aquatic plants and wild animals (AIS) in collaboration with other governmental entities; the DNR has in its employ conservation officers trained and authorized to enforce the state invasive species laws; and the DNR has developed AIS inspection protocols; WHEREAS SHOREWOOD owns and operates the only public watercraft access on Christmas Lake, a public waterbody, under agreement with the DNR and the Christmas Lake Homeowners Association; and wishes to contribute to the effort to prevent and manage the spread of invasive species in the state; WHEREAS THE MCWD has authority and responsibility to protect and improve water resources throughout the Minnehaha Creek watershed, including Christmas Lake; and has conducted scientific and field research and compiled data on the spread of AIS in the watershed; and WHEREAS DNR, SHOREWOOD AND THE MCWD (collectively, the Partners) are committed to three critical principles: • Coordinating their authority and resources to develop a reasonable and effective water - related equipment inspection requirement to stop the spread of AIS in the state and prevent the introduction of new AIS; • a collaborative, cooperative approach to AIS management and prevention; • ensuring continued access to Christmas Lake and the other public waters in the watershed; NOW, THEREFORE it is mutually agreed by and among the Partners to enter a joint - powers agreement, providing as follows: ARTICLE 1 — PURPOSE The purpose of this agreement is to establish a pilot program under which the partners can manage access to Christmas Lake and concurrently develop the capacity to effectively manage access to water resources to help stop the spread of AIS in keeping with the three critical principles stated above (the Program). ARTICLE 2 — JOINT POWERS BOARD AND IMPLEMENTING STRUCTURE A. Joint powers board The Partners hereby establish a joint powers board, to be known as the Shorewood AIS Management Board (SAM Board). Membership of the SAM Board will consist of i. The governor, representing the state, but who may be represented by a delegate who will exercise all authority of the governor as relates to the operation of the SAM Board delegate; ii. The mayor and a Shorewood city councilmember, appointed annually by the act of the City Council; and iii. Two MCWD managers, appointed annually by the MCWD Board of Managers. Each Partner will be responsible for any costs incurred by its representative(s) in serving on the SAM Board. No stipend, fee, per diem or expenses will be paid by the SAM Board to members. B. Coordinating committee The Partners hereby establish a coordinating committee of staff members and others with expertise and direct day -to -day involvement in the effort to prevent and manage the spread of AIS, to be known as the Shorewood AIS Management Committee (SAM Committee). Each of the Partners will appoint a representative to the SAM Committee. Additional members may be appointed to the committee by the SAM Board by majority vote. Individuals appointed must be found capable by the SAM Board of contributing one or more of the following to the SAM Committee: i. AIS and water - resources ecology expertise; ii. Program- management expertise; iii. Expertise with relevant technology and /or equipment; 2 iv. Legal expertise; v. Education and public outreach expertise; vi. Indicia of authority to represent lakeshore property owners, one or more sporting organizations, one or more environmental nonprofit or governmental units in the state. Neither organizations represented on the SAM Committee nor members of the committee themselves will be reimbursed or compensated by the SAM Board for costs incurred in serving on the SAM Committee. No stipend, fee, per diem or expenses will be paid by the SAM Board to members of the SAM Committee. ARTICLE 3 — DNR RIGHTS AND RESPONSIBILITIES A. The DNR retains its authority as the principal implementing agency for the state's invasive species policy and law. B. The DNR has determined that the rapid influx into the state and spread of prohibited invasive species such as Eurasian watermilfoil, flowering rush and zebra mussels and the significant threat posed by species such as Asian carp, spiny water -flea and viral hemorrhagic septicemia constitute an invasive species emergency under Minnesota C Statutes section 84D.02, subdivision 7. DNR will declare — by such means and in such a forum as the commissioner deems necessary and proper — that an invasive species emergency exists in the state. Exercising authority granted to it by section 84D.02, subdivision 7, and the joint - powers statute, Minnesota Statutes section 471.59, the DNR hereby commissions Shorewood and MC" with authority to enforce the state invasive species law — chapter 84D — as described herein. DNR and employed by MCW Minnesota Statutes sect€ related equipment in acc warnings for failure to o DNR will provide training a the South Lake Minnetonka de for the training and certification of individuals hired actors with the authority provided to inspectors in )5 and the authority to issue AIS decals for water - vth Minnesota Statutes section 84D.508 and to issue or disDlav`the decal. of peace officers designated by the chief of ent (SLMPD) necessary to enforce the state invasive species law, as it pertains to the transport, possession and use of water - related equipment infested with or suspected to be infested with AIS. E. DNR, in concert with the peace officers described in article 1, paragraph 4, will enforce the state invasive species law as it pertains to Christmas Lake, including but limited to the dedication of conservation officers as needed to support MC" inspectors by issuing warnings /citations for AIS violations. F. DNR will facilitate the appointment of the governor of the State of Minnesota to the Shorewood AIS Joint Powers Board (the Board) and facilitate the participation of the governor or his delegate in the functions of the Board as described herein. G. DNR will name and provide support for two staff members with expertise in intergovernmental partnership, AIS, public water - related equipment access and state law relevant thereto to the SAM Committee. ARTICLE 4 — SHOREWOOD RIGHTS AND RESPONSIBILITIES A. Shorewood will retain fee title ownership of the property at 5655 Merry Lane in the City of Shorewood (the Property) — the location of the public boat access that is the subject of the Program. B. Shorewood will, at its sole expense, purchase, fabricate, install, maintain and retain ownership of the equipment, improvements to the Property and associated systems found necessary by the Board to implement, in part, the Program. Shorewood's execution of this agreement will not be construed as an election to assume liability for acts and omissions of the other Partners arising from the implementation of this agreement and the operation of the Christmas Lake - access management pilot program. C. D E. F. Shorewood will designate three officers from the South Lake Minnesota Police Department to receive from the DNR the training necessary for certification of the officers to enforce the state invasive species law. Shorewood will serve as fiscal the agent for the Board and the Program. Shorewood will, by act of its city council, annually appoint two city council members to the Board. Shorewood will, by act of Committee. ARTICLE 5 — MCWD RIGHTS AND appoint city staff to serve on the SAM A. MCWD, at its sole expense, will designate staff to serve as inspectors for the Program. MCWD will provide training and support to staff AIS inspectors, including training in accordance with protocols established by DNR to certify inspectors as defined in Minnesota Statutes section 84D.01, subdivision 8c. B. MCWD will staff one or more inspection stations established under the Program with trained and certified inspectors, who will exercise the authority of inspectors under the state AIS law to: i. Inspect watercraft and water - related equipment for AIS; ii. Remove AIS from water- related equipment before it is placed in Christmas Lake; iii. Remove water- related equipment from Christmas Lake to removed prohibited AIS; iv. Prohibit placing water- related equipment found to be infested with AIS or found not to have been drained or from which the drain plug has not been removed into Christmas Lake; and v. Issue state AIS decals provided by DNR in accordance Minnesota Statutes section 8613.508 and issue warnings for failure to display the decal. C. MCWD will develop, under the direction of the Board, education and outreach projects and programs designed to increase stakeholders' knowledge of the risks AIS pose to water resources and their capacity to contribute to the effort to prevent and manage the spread of AIS. The pilot education and outreach program will include the development, in conjunction with willing outdoors and sporting organizations, a training regime that would qualify individuals for expedited access to waterbodies. 11 D. MCWD annually will appoint, by act of its board of managers, two managers to the Board. E. MC" will designate, by act of its board of managers, MC" staff to serve on the Coordinating Committee. ARTICLE 6 — POWERS The SAM Board is endowed by the Partners with the following powers: A. Receipt of funds To apply for and receive grants and to accept donations, bequests and contributions from the Partners and otherwise. B. Purchasing To enter into contracts for the purchase of goods and services necessary to the function and activities of the SAM Board. C. Expenses To incur expenses necessary and incidental to the effectuation of the SAM Board's purposes and consistent with its powers. D. Sales To sell property and equipment as deemed prudent. E. Buffet. To establish a yearly operating budget and to submit the budget by January 1 each year for approval by February 15 each year to the DNR commissioner, the Shorewood City Council and the MCWD Board of Managers. The Partners must approve identical budgets for the SAM Board budget to become effective. F. Insurance To enter into contracts for the purchase of insurance related to liability, automobiles, property and workers' compensation. G. Amendments To recommend changes to this agreement to the Partners. H. Implicit powers In addition to the above - :enumerated specific powers, the SAM Board has implied powers necessary to carry out its duties and accomplish its purposes. I. Uncertain Powers If it is not clear whether the SAM Board has the power to undertake a certain action or to make a certain decision, the SAM Board will refrain from acting until such time that it receives authorization in writing from each of the Partners to act in the manner :contemplated.' J. Reservation of powers Nothing in this agreement will limit any Partner's lawful exercise of its regulatory, authority. ARTICLE 7 — WORK PLAN AND TASKS A. SAM Board The SAM Board will set the work plan for itself, the Program and the SAM Committee in keeping with the purposes established herein. i. Notwithstanding, the SAM Board must evaluate the Program and produce an assessment of its effectiveness, weaknesses and suitability for application on a broader scale. B. SAM Committee The work plan will be set for and tasks assigned to the SAM Committee by the SAM Board. i. Notwithstanding, the SAM Committee is charged to: 5 a. Conduct research and develop the basis for the SAM Board's analysis of the Program's effectiveness, weaknesses and suitability for application on a broader scale. a. Collaborate with the MC" on the development and implementation of communications related to the Program and AIS generally. ARTICLE 8 — FINANCES A. Funding The SAM Board will be financed through grants, donations and funds contributed by the Partners. DNR, Shorewood and MCWD will each contribute one -third of the funds required by the budget adopted pursuant to this agreement. Payments will be made semiannually on March 31 and September 30. Any grant or donation receive will offset the required contributions of the Partners equally. B. Fiscal agent Shorewood will serve as the fiscal agent for the SAM Board and will administer financial and accounting functions for the SAME Board. Shorewood's services as fiscal agent will be compensated by the SAM Board at a rate mutually agreed on by the Partners. SAM Board funds will be maintained separate from other funds by Shorewood. Funds will be dispersed by Shorewood as fiscal agent as specifically directed by the SAM Board. C. Reports and audits Shorewood will submit a semiannual report to the SAM Board and the Partners showing all activity related to SAM Board funds. Shorewood will provide the SAM Board with an audit report and other necessary financial records annually as needed for the SAM Board to monitor its funds and for the Partners to comply with applicable audit requirements and procedures. D. Inspection Shorewood agrees that any authorized representative of a Partner or the state auditor may have reasonable access to and the right to examine, audit and copy the SAM Board's books, reports and records during normal business hours. ARTICLE 9 — INSURANCE AND INDEMNIFICATION A. Liability Coverage The SAM Board will maintain liability coverage with the League of Minnesota Cities Insurance Trust ( LMCIT) with a minimum limit equal to the higher of the state liability limits in section 3.736, subdivision 4, or the municipal liability limits in Minnesota Statutes section 466.04, subdivision 1, under standard LMCIT liability coverage forms. Alternatively, the SAM Board may maintain equivalent private liability insurance coverage. Private coverage may be a commercial general liability (CGL) policy. Such a private liability policy must comply with the following requirements. i. Minimum limits. Each policy will have a limit at least equal to the higher of the state liability limits in section 3.736, subdivision 4, or the municipal liability limits in section 466.04, subdivision 1. If the policy contains a general aggregate limit, the general aggregate limit will not be less than $2,000,000. ii. Type of coverage. The CGL insurance will cover liability arising from premises, operations, independent contractors, products completed, personal and advertising injury, and contractually- assumed liability. 31 iii. Additional insured. Each Partner and each Partner's officers, employees and volunteers will be named as additional covered parties on each policy for all claims arising from the Program or SAM Board activities or operations. B. Auto liability and property damage The SAM Board may at its discretion procure coverage for auto liability or damage to or loss of property. Each Partner will be responsible for damages to or loss of its own equipment that is used for the Program or other SAM Board activities. Each Partner waives the right to and agrees that it will not bring any claim or suit against the SAM Board or any other Partner for damages to or loss of its equipment arising out of participation in or assistance with the Program or SAM Board activities and operations, even if the damages or losses were caused wholly or partially by the negligence of another Partner or Partners or their officers, employees or volunteers. C. Defense and indemnification The SAM Board agrees to defend and indemnify the Partners for any liability claims arising from the Program or other SAM Board activities or operations, and decisions of the SAM Board. Nothing in this agreement constitutes a waiver of the statutory limits on liability set forth in Minnesota Statutes chapters 3 and 466, or a waiver of any available immunities or defenses. Nothing herein will be construed to provide insurance coverage or indemnification to an officer, employee or volunteer of any Partner for any act or omission for which the officer, employee or volunteer is liable for or guilty of malfeasance in office, willful neglect of duty or bad faith. D. Uninsured liability Any excess or uninsured liability will be borne equally by all the Partners, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty or bad faith. E. Certificate of insurance All insurance policies and certificates required under this agreement will be open to inspection by any Partner and copies of the policies or certificates will be submitted to a Partner upon written request. ARTICLE 10 - TERM AND TERMINATION A. Term The agreement will be effective on adoption by each of the Partners and will remain effective for two years and will renew automatically for an additional one -year term on the anniversary of the effective date unless prior terminated in accordance with the terms herein. B. Termination The agreement may be terminated by unanimous act of the commissioner, in the case of DNR, and the governing bodies of Shorewood and MC". C. Rescission Any Partner may withdraw from the agreement by act of the commissioner, in the case of DNR, or by act of the governing body, in the case of Shorewood and MC". An act of rescission of the agreement will not be effective for 90 days after written notice of the action has been provided to the other Partners. D. Distribution of funds and propert y . Upon termination or rescission of this agreement, the SAM Board will provide for distribution of SAM Board assets in the following manner: 7 i. property contributed by a Partner will be returned to that Party; ii. any remaining property may be sold or liquidated prior to distribution; and iii. any remaining assets will be divided in proportion to the contribution of the Partners. If the Partners do not agree on the fair market value of a non - liquid asset, the SAM Board may submit the item to a professional appraiser, whose written opinion of the fair market value will be conclusive. ARTICLE 11 — GENERAL PROVISIONS A. Entire agreement This agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, among DNR, Shorewood and MCWD, and contains the entire agreement. B. Amendments This agreement may be amended only by a writing signed by each of the parties. C. New Members Another governmental unit may be added to this agreement upon approval of DNR, Shorewood and MCWD. Once approved, the rights and obligations of the new party will be set forth in a writing amending this agreement and the new party will be fully obligated and bound by the terms of this agreement, as amended. It Notice Any written comm the other party as follows, e notifying the other parties in To DNR: Ecosystem Management and Minnesota Department of Na 1200 Warner Road St. Paul MN 55106 To Shorewood: Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To MCWD: Administrator Minnehaha Creek Watershed District ection Manager 18202 Minnetonka Boulevard Deephaven, MN 55391 E. Governing Law This agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota. required under this agreement will be addressed to t any party may change its address for notice by so G. Waivers The waiver by DNR, Shorewood or MCWD of any breach or failure to comply with any provision of this agreement by the another Partner will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. Savings Clause If any court finds any article, section or portion of this agreement to be contrary to law or invalid, the remainder of the agreement will remain in full force and effect. IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and deliver this agreement. DEPARTMENT OF NATURAL RESOURCES By: Its: IM Its president Approved as to Form and Execution: District Counsel 9