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10-10-11 CC Reg Mtg AgendaCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 10, 2011 AGENDA 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Attachments 1. CONVENE CITY COUNCIL MEETING A. Roll Call B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, September 26, 2011 Mayor Lizee Hotvet Siakel Woodruff Zerby Minutes B. City Council Regular Meeting Minutes, September 26, 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. Setting the Date for the Appreciation Event Deputy Clerk's memo C. Accept Project and Authorize Final Payment for the 2010 Murray Hill Road Engineer's memo, Storm Sewer Improvement Project, City Project 10 -11 Resolutions (2) 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Recognition of Service for Park Commissioner Josh Trent Deputy Clerk's memo 7. PARKS CITY COUNCIL REGULAR MEETING AGENDA — OCTOBER 10, 2011 Page 2 of 2 Attachments 8. PLANNING - Report by Representative A. Comprehensive Plan Amendment — Adoption of Trail Implementation Report Trail Implementation Report, dated October 2011, Resolution 9. ENGINEERING /PUBLIC WORKS 10. GENERAL /NEW BUSINESS A. Local Trail Connections Grant Application- Smithtown Road B. Local Trail Connections Grant Application- County Road 19 C. Amendment to the Excelsior Fire District Joint Powers Agreement D. Amending Chapter 308 of the Shorewood City Code as it Pertains to Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales E. Domestic Partner Registry Discussion 11. OLD BUSINESS A. Stop Sign Request — Yellowstone /Glencoe Road 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Staff memo, Resolution Staff memo, Resolution Administrator's memo Deputy Clerk's memo, Ordinance Administrator's memo Administrator's memo Finance Director's memo B. Mayor and City Council 13. ADJOURN CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.mn.us • cityhall @ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 10 October, 2011 7:00 p.m. A 6:00 p.m. Council Work Session is scheduled this evening Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: This sets the date of Friday, December 9, for the annual appreciation event to be held at the Southshore Community Center. Agenda Item #3C: This is consideration of a Resolution approving Change Order 1 for the 2010 Murray Hill Road Storm Sewer Improvement Project (City Project 10 -11), and a Resolution accepting the project and authorizing final payment. Agenda Item #5A: There are no public hearings this evening. Agenda Item #6A: Park Commissioner Josh Trent will be present to receive his recognition plaque for his five years of service on the park commission from July 2006 -June 2011. Agenda Item #7: There are no Park items this evening. Agenda Item #8: A Planning Commission representative will report on the recent Planning Commission meeting. Agenda Item #8A: Consideration of adopting a resolution incorporating the Trail Implementation Plan into the Shorewood Comprehensive Plan. Agenda Item #9: There are no Engineering/Public Works items this evening. Agenda Item #10A: Approval to proceed with an application for a Legacy Grant to secure grant funds for trail improvements. Agenda Item #IOB: Approval to proceed with an application for a Local Trail Connections Grant to secure grant funds for trail improvements. Agenda Item #IOC: Amendment to the Excelsior Fire District Joint Powers Agreement. Agenda Item #lOD: Amendment to City Code Chapter 308, Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales. Executive Summary — City Council Meeting of October 10, 2011 Page 2 of 2 Agenda Item #10E: Council is to discuss if the City should considering an ordinance providing a domestic partner registry. Agenda Item #11A: This is a request from residents near the Yellowstone Trail/Glencoe Road neighborhood for council's reconsideration of the placement of a stop sign at this intersection. Agenda Item #12A1: The August 2011 Monthly Budget Report is provided. #Za CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, SEPTEMBER 26, 2011 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 6:01 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, W Director DeJong; Planning Director Nip Engineer Landim Absent: Councilmember Siakel B. Review Agenda Zerby moved, Woodruff seconded, approving 2. CAPITAL IMPROVEMENT PROG Mayor Lizee stated the Program (CIP). contains a as p of the 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. F and Zerby; Administrator Heck; Finance Director of Public Works Brown; and passed 4/0. 2012 — 2021 Capital Improvement Director DeJong noted that from his perspective the CIP is more comprehensive than it has been in the past. The lists of projects and purchases are longer than they have been in the past. Therefore, the expense is greater that it has been. He explained Staff conducted a very detailed review of the 20 -Year Pavement Improvement Plan (PIP) and the associated Local Street Reconstruction CIP during 2010. Staff also prepared a Street Maintenance Financing Plan based on that information. The Street Reconstruction CIP included in the packet is at a summary level. DeJong explained items identified on a park maintenance list and on parks "wish list" have been incorporated into the Park Improvements CIP. Therefore, that CIP now provides a broader look at what park capital improvements cost. Council can prioritize the items listed in the CIP and the 10 -Year CIP can be revised to reflect those priorities. DeJong stated that rather than go through the CIP in detail he would prefer to entertain questions from Council. Councilmember Zerby noted the Park Commission has decided to move forward with a consultant's opinion regarding renovating Badger Park. Mayor Lizee stated the Park Improvements CIP includes a project to build a trail from the Smithtown Crossing to the LRT Trail in 2012. She then stated based on minutes of Park Commission meetings and discussions by the Trail Committee there had been some desire to build a trail segment from the trail at the CITY OF SHOREWOOD WORK SESSION MEETING MINUTES September 26, 2011 Page 2 of 3 Shorewood/Victoria boarder to the Minnewashta Elementary School. She asked when that is proposed to be done and if it should be noted in the CIP. Councilmember Hotvet suggested projects identified in the Trail Plan be incorporated into the Park Improvements CIP. Administrator Heck stated the trail connection will be taken out of the Parks Improvement CIP and placed into a to- be- developed Trails CIP. Councilmember Woodruff stated from his perspective moving the overall CIP forward is based on affordability yet the meeting packet does not include any information on fund balances or the amount of money being transferred into the funds in 2012 and going forward. Therefore, he couldn't make a decision on funding the 2012 CIP this evening. He then stated that in the past previous councils have had fairly lengthy discussions about each project included in the upcoming year's CIP. 'But, the meeting packet doesn't contain descriptions for the 2012 proposed projects and purchases. Director DeJong apologized for the lack of detailed information in the packet. Director DeJong explained Staff has relatively comprehensive not to include all of that background material in the meetin, supporting the Local Street Reconstruction CIP, but he thong. that detail. He indicated that Clover Lane should have been pu it is just one of the roadways that are proposed to be overlaid to him detailed information supporting the Equipment Replace Councilmember Woodruff commented he was plea park wish list have been included in the Parks h much the City can afford to spend on parks in . proposed for 2012 but can not be funded in 2012, clarified he does not want to be the decision mak Commission's responsibility to recommend orioriti Director DeJong stated his intent is future CIP discussions. As and project descri packet. He noted the he might be better se d out of the CIP as a 2012. Also, Director )ns, but he decided is extensive detail d by not including ,cific item because own has submitted ;ed that the projects on the park maintenance list and the iprovements CIP. He stated once Council decides how 012 he asked what happens to those projects that are Do they become a priority 1 for 2013? Director DeJong r on priorities and funding. DeJong stated it's the Park ;s to Council ncil with an updated Financial Management Plan during Councilmember Woodruff stated the Staff memo states that Staff recommends "projects included in the CIP at the time of adoption with an estimated cost of less than $100,000 be approved for staff to complete as long as the total cost is at or below the amount listed in the CIP." He noted he is wavering on that recommendation. He then stated that from his vantage point one of the things that absolutely has to be brought back to Council from dollar one is anything that is labeled contingency. He questioned if it may be beneficial for Staff to write a policy for Council approval. Director DeJong stated his intent is to draft a purchasing policy in the future. Administrator Heck stated a project to connect fiber from City Hall, Public Works, the Southshore Community Center and possibly the public safety facility located in the City to the Carver County fiber ring needs to be added to the CIP. Director DeJong noted that the acquisition of new financial system software needs to be added to the CIP. He stated he doesn't have any firm quotes on that and he does not want to through in a placeholder amount because people tend to lock into the initial amount presented. He also noted radio equipment needs to be added. He asked Director Brown to comment on the radio equipment needs that are not included in this version of the CIP. Director Brown explained the City is mandated to comply with the Federal Communications Commission's standards for narrow banding for truck -to -truck radio communications. The City will be forced to purchase CITY OF SHOREWOOD WORK SESSION MEETING MINUTES September 26, 2011 Page 3 of 3 a number of replacement radios to meet that requirement. He noted there are a number of areas in the City where radios can't get truck -to -truck communication connectivity or even connectivity with the Public Works facility. Staff has been exploring putting an antenna up on the East Area Water Tower. The 2011 CIP has $7,000 budgeted for radios. The 2012 CIP needs to be revised to include $7,000 — $8,000 for an antenna and repeater system. He noted he is gather information to compare the costs of doing that against an 800 megahertz system. He also noted Public Works has a limited number of 800 MHz radios. Mayor Lizee asked if the City can use a State or Hennepin County purchasing program to acquire the radios at a lower cost. Brown responded that the County and State have all gone 800 MHz. Therefore, the City may have a number of purchasing vehicles available to use. He explained the South Lake Minnetonka Police Department ( SLMPD) leases its radios. The SLMPD Chief of Police has expressed a willingness to hand down some of its used radios to the various public works departments when it upgrades to new ones. Lizee stated she thought that would be important for Public Works to have 800 MHz radios for emergency management purposes. She encouraged Brown to let Council know what it can do to help with this. In response to a question from Mayor Lizee, Director DeJ and Enterprise Fund budgets during an October 24, 2011,, session. that the plan Is to discuss the CIP 3. ADJOURN Woodruff seconded, Adjourning the City Council Work Motion passed 4/0. RESPECTFULLY SUBMIT' Christine Freeman, Recorder ATTEST September 26, 2011, at 6:27 P.M. Christine Lizee, Mayor Brian Heck, City CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 26, 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, Woodi Administrator Heck; Finance Director DeJong; Public Works Brown; and Engineer Landini Absent: Councilmember Siakel B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as p 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, Septen Zerby moved, Hotvet seconded, Approving the City Co September 12, 2011, as presented. Motion passed 4/0. 3. CONSENT AGENDA Consent 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. and Zerby; Attorney Keane; City using Director Nielsen; Director of Motion passed 4/0. �r 12, 2011 cil Regular Meeting Minutes of )proving the Motion Contained on the Consent Agenda. rified Claims List ion of Time (This was moved to Item 10.1) under General/New Naomi Carlson 5955 Cathcart Drive Motion 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 2 of 14 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Hennepin County Update from Commissioner Jan Callison Mayor Lizee introduced Hennepin County Commissioner Jan Callison who was present to give an update on what is happening in Hennepin County. Commissioner Callison stated she provided Council with a Henner she recently received information about changes in population for t less. She explained that of the 45 cities in the County, 31 have poi The information is based on 2010 census data. Shorewood's popul; than it was in the year 2000. The median family income as well a City declined. She thanked Council for the City's participation in She also thanked Council for hosting a Hennepin County hazardou 1,177 people dropped off materials. She also noted the County wi October 8, 2011, from 10:00 A.M. to 2:00 P.M. in the City of Or they no longer need. Commissioner Callison highlighted the Hennepin highlights are as follows. The maximum levy set on September 13, 2011, re ! that is all dedicated to the General Fund. None Regional Rail Authority or the Housing Authority. million in additional revenue if approved. The - budget recommendation to the Commission on Administrator will recommend the property tax sta 2012 i County Fast Facts sheet. She noted cities with populations of 20,000 or zlations less than or equal to 20,000. ion is approximately 1.3 percent less the median household income in the he organics recycling pilot program. waste collection recently. She noted hold a medicine collection event on no. Residents can drop off medicine by the Commission. The a 1.0 percent increase over the previous year and increase is dedicated to the Hennepin County 1.0 percent increase amounts to approximately $7 -pin County Administrator plans to present his ember 27 Commission Callison believes the Commission Callison stated the County expects to lose approximately $5 million in County Program Aid. The County also anticipates a loss of $7.2 million in human services and public health. She said the $7 million in potential property tax revenue is substantially less than the $12 million reduction in aids and said it is likely there will be a reduction in the Hennepin County budget for the third year in a row. In 2012, many Hennepin County property owners will see a rise in taxes due to the State Legislature's change to the Market Value Program. She said that if Shorewood property kept the same relative value, a property valued at less than or equal to $268,000 would have a property tax increase of approximately 1.6 percent. A home valued at $570,000 would have an increase of 2.1 percent and a commercial property valued at that same amount would have an increase of 2.2 percent. A substantial number of property owners will experience a tax increase even if the County doesn't increase its tax levy. Hennepin County will negotiate contracts with union employees this year. Approximately 70 percent of the county's workforce is unionized. Employees did not receive a salary increase in the last two years. She said the County is experiencing an increase in demand for some of the services it provides. As an example, she said food support during March 2007 served 76,000 individuals and the County served 126,000 individuals in Mach 2011. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 3 of 14 Hennepin County will hold its Truth in Taxation hearing on November 29 and the Hennepin County Commission will approve the County's 2012 budget on December 13 Commission Callison stated she has been working with a task force about the future of the Excelsior Library. That group will reconvene in January 2012 and will have the opportunity to review sketches of what a new library could look like. The hope is to go through the approval process for a new library during 2012. The Commission recommended to delay any construction until 2013. Commission Callison thanked Council for the opportunity to speak to them. Mayor Lizee thanked Commissioner Callison for being responsive newsletter. She also thanked her for coming to the meeting. B. Ken Hendrickson, Board Representat Commission Report on Activities and 201 Mayor Lizee stated Ken Hendrickson, the City's representative to Commission (LMCC), is present this evening to discuss the 2012 l Mr. Hendrickson explained the LMCC budget process started in J LMCC 2012 Budget is in the meeting packet. All of the LMCC in of the budget and the cities have been asked to approve the bud, with tax dollars; it is funded through franchise' fees. Mr. Hendrickson said the LMCC anticipates $644,237 in revenu $688,442 in expenses. The budget does not include any fundi Some of the items budgeted for in the expense budget include and assessment of new technologies; $23,400 for `carpet and franchise audit fee; and,' $20,000 for franchise renewal relate d budget includes $15,550 for capital eequipment. The plan is t recordings of meetings. New and cooler lights will be purchased and for her monthly Communications Lake Mini T budget. He said a copy of the approved cities have been provided a copy noted the LMCC is not funded e. He stated the commission budget plans ng for the fiber to the premise initiative. $18,000 for communications education furniture replacement; $14,000 for the legal expenses. The capital equipment o implement agenda parsing for video in 2012. Mr. Hendrickson went on to explain the fund balance going into 2012 should be slightly more than $500,000. Based on budgeted revenues and expenses and after factoring a contingency of $34,422, the 2012 year end fund balance should be approximately $430,500. There Commission discussed paying off the mortgage on the LMCC facility. The current balance is $199,800. If that is done, it reduces the fund balance to approximately $310,600. The Commission will revisit this in the spring of 2012. Mr. Hendrickson asked Council to approve the LMCC 2012 budget. Councilmember Zerby stated he thought the LMCC 2012 budget is a great budget. He then stated he is pleased with the changes made to the LMCC's website. Zerby moved, Hotvet seconded, approving the Lake Minnetonka Communications Commission 2012 Budget as presented. Motion passed 4/0. 7. PARKS Commissioner Swaggert reported on matters considered and actions taken at the September 13, 2011, Park Commission meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 4 of 14 A. Freeman Park Open Skating Rink The meeting packet contains a copy of a memorandum from Administrator Heck about creating a free skating ice rink at Freeman Park. Councilmember Woodruff stated it's his understanding that the rink would be open; that is, there would not be any boards around the rink. Commissioner Swaggert concurred with that. Woodruff then stated it's his understanding a rink at Freeman Park would be created in place of a maintained rink at Silverwood Park. Woodruff noted that when he served as a liaison to the Park Commission in the past he repeatedly heard that the residents living near Silverwood Park appreciated having a skating rink there. Woodruff stated he did not think anyone asked the residents what they thought about losing the ice rink. Woodruff asked about funding the rink attendant at Freeman Park. Commissioner Swaggert stated the Park Commission is discussing a couple of options. One consists of selling concessions at Eddy Station. Swaggert noted the rink will only be open for a short period of time each day and therefore the Parks Budget may be able to provide the funding. Swaggert related that a Park Commissioner who lives near Silverwood Park told the Commission that over the years she has observed the number of people using the rink declining.. Swaggert stated the Commission thought a rink at Freeman Park would be used more. Woodruff then asked if the Park Commission was brebared to hear comblaints from residents. Mayor Lizee stated that per meeting minutes for the September 13, 2011, Park Commission meeting it appears the Commission discussed how much the rink at Silverwood Park was used the past few years. She asked if the Commission talked about the potential acquisition of flood lights for the new ice rink. Administrator Heck explained that after the Park Commission discussed this item and based on discussions with Staff it occurred to him that the City may be able to provide portable lighting, noting that lighting would be relatively inexpensive. The portable lighting could also be used for other purposes. Lizee noted that tripod lighting does work. Councilmember Zerby expressed his support for creating a rink at Freeman Park and that he thought doing so on a trial basis would be a good thing to do. Zerby moved, Hotvet seconded, approving the Park Commission's recommendation to create an ice skating rink Freeman Park for the 2011/2012 season, approving the purchase of portable lighting and providing funding for a warming house attendant. Councilmember Hotvet asked if it would be possible to create a skating oval around the rink. Commissioner Swaggert stated the Park Commission has not made a decision about that. Director Brown stated he will research the feasibility of doing that. Mayor Lizee asked when flooding of rinks usually begins. Director Brown explained there has to at least a week of hard, cold frost in the ground before flooding begins. Motion passed 4/0. 8. PLANNING Commissioner Charbonnet reported on matters considered and actions taken at the September 20, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 5 of 14 Councilmember Woodruff, the Council liaison to that meeting, noted the Planning Commission had a good discussion about the proposed Trail Plan and it recommended some changes to the Plan. The copy of the Plan, included in the meeting packet, does not include the changes. Director Nielsen stated there was a short period of time between when the Commission reviewed the document on September 20 and when the meeting packet was prepared. Nielsen explained part of Item 8.A stated Staff is asking Council to direct Staff to prepare a resolution amending the Comprehensive Plan to incorporate the Trail Plan Implementation Report and the changes recommended by the Commission will be included at that time. A. Trail Plan Implementation Report Director Nielsen stated earlier in the year Council established an Ad Hoe Trail Committee consisting of two Council members, two Planning Commissioners, two Park Commissioners and two residents at large. The Committee developed a Trail Plan Implementation Report. The draft Report was forwarded to the Park Commission for review and comment. The Planning Commission then held a public hearing on the Report. Nielsen highlighted key areas of the Report. The highlights are as The goal specific to trails is "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." He noted the term "trail" in the Report includes the entire gamut of pedestrian/bicycle facilities in the City. The changes proposed to the Trail Map currently in the Comprehensive Plan include: changing the title of Trail Concept Plan to Trail Plan; adding a trail along Strawberry Lane; adding' a trail along Eureka Road; deleting a trail south of Highway 7 along Covington'' Road; deleting a segment of trail along Manor Road south of St. Albans Bay Road; and, possibly changing the legend on the map from "Possible Trail" to "Future Trail ". The Committee considered the issues of health, safety, and general welfare when identifying trail priorities. The Committee established four priority groups. Priority 1 trails are to be completed in the next 3 — 5 years. Priority 2 trails were scheduled 5 — 10 years out. Priority 3 trails were scheduled 10 — 15 years out. Priority 4 trails will not be scheduled until after 15 years. The Priority 1 trails include the following: A trail to connect the County Road 19 / Smithtown Crossing area to the Lake Minnetonka LRT Regional Trail. This is based on availably of existing right -of -way, anticipated' lack of neighborhood resistance and its function of connecting the Smithtown Crossing area and the Shorewood civic campus with the LRT Trail. A trail on Smithtown Road from the Victoria border to Minnewashta Elementary School. This trail enhances safety for people on the west end of Shorewood to walk or bike to school and connects to the trail system in Victoria. A trail to connect the Mill Street Shorewood / City of Chanhassen Boundary to the Shorewood / City of Excelsior boundary. The trail on Enchanted Island will be added to the Priority 4 group per the Planning Commission's recommendation. The Commission also agreed with the Park Commission's recommendations that the trail along Eureka Road extend one block to connect with Crescent Beach and the trail along Strawberry Lane extend one block to connect to Cathcart Park. The Planning Commission suggests the trail segment between Badger Park and the LRT Trail would be better accomplished by a short segment of trail along Timber Lane. Nielsen noted the Report includes a copy of a preliminary draft Tail Capital Improvement Plan. He noted there is a proposal to construct an overpass where the LRT intersects with County Road 19. Staff understands plans for the overpass will be developed in 2013 and construction planned for 2014. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 6 of 14 Nielsen stated Staff recommends Council direct Staff to draft a resolution incorporating the Trail Implementation Report, including the changes recommended by the Planning Commission, into the Shorewood Comprehensive Plan. Nielsen explained the amendment to the Comprehensive Plan has to be sent to the Metropolitan Council for review and comment and it will be forwarded to the surrounding communities. Mayor Lizee thanked Director Nielsen and the Ad Hoc Trail Committee for their efforts on behalf of the Council. Woodruff moved, Hotvet seconded, directing Staff to draft a resolution incorporating the Trail Implementation Report, including the changes recommended by the Planning Commission, into the Shorewood Comprehensive Plan. Councilmember Woodruff noted that the cost estimates in the CIP are just estimates and that the costs for potential acquisition of right -of -way are not included in the estimates. Woodruff stated Council needs to have a discussion about who will clear the trails in the winter: Councilmember Zerby noted the Skate Park is not included on the Trail Plan priorities map in the Report. He also noted the CIP shows the cost for the County Road 19 / Smithtown Crossing trail segment to be $17,040 yet the CIP discussed during the work session preceding this meeting has it at $30,000. Those need to be synchronized. He stated he likes the maps in the Report. Motion passed 4/0. B. Zoning Code Text Amendment for Accessory Director Nielsen explained that over the past few months the City has pursued a code violation against a property owner who has about seven shipping containers on property. The property owner alleges that the structures are sheds and that his property is not subject to zoning regulations because, from the property owner's perspective, his property is a farm. The property owner appealed the violation to the Administrative Hearing Officer. The hearing Officer ruled in favor of the property owner because of the wording in the City's Zoning Code which is " ... 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- I A ... ". The Officer stated the structures did not total more than 1200 square feet in area. Nielsen then explained the proposed amendment changes Code Section 1201.03 Subd. 2.d (4) from "For single - family and two - family homes, no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, or 1,200 square feet in area in the R -IA, R -113, R -1C, R -2A, R -213 and R -3A Districts, or 1,000 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 § 1201.04 of this chapter. In addition the following conditions shall apply: ". to "For single - family and two - family homes, no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, nor 1,200 square feet in area in the R -IA, R -113, R -1C, R -2A, R -213 and R -3A Districts, nor 1,000 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 § 1201.04 of this chapter. In addition the following conditions shall apply: ". Nielsen stated the above referenced property owner wanted this item on the agenda to be re- noticed because he did not receive an individual notice that this was to be on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 7 of 14 Attorney Keane explained the notification and public hearing held by the Planning Commission more than discharged the notification requirements of the City for a text amendment to the City's Zoning Ordinance. He noted the City does not send out individual notices when there is a City -wide text amendment. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 481 "An Ordinance Amending the Shorewood Zoning Code as it Pertains to Accessory Buildings." Councilmember Zerby asked if the amended Code will be air tight to which Attorney Keane responded it will be. Motion passed 4/0. 9. ENGINEERING /PUBLIC WORKS A. Authorize Expenditure of Funds for Lift Station 13 Repair at Director Brown explained it appears that in 1975 the City chose to install a lift station in the back yard of a home and it serves a single family home located at 5795 Radisson Entrance. It's clear that it is a City - designed lift station because it's identical to the City's other lift stations. In addition to being located in the back yard, it's located at the bottom of a flight of stairs. Brown then explained that about two months ago the this lift station. The Public Works Department obt dependable state. The quote submitted is for $5,795 maintenance costs to this solution such as a prival perpetual maintenance. t public purpose comes to ] where th s eminent station. Brown stated Staff is seeping noted that this expenditure A contractual items involving s. year. If Council approves this Councilmember Woodruff a explained the City doesn't ha City the right to enter the p property, the City could wall consider bringing the lift sts Woodruff clarified that he wa incorporate that in the feasibil experiencing considerable failures with fined a quote for bringing the lift station into a Staff would have preferred to avoid any further solution with the property owner about a different roperty owner would then be responsible for the at this station will fail. He noted the question of ithorization spend an amount not to exceed $6,200 to repair the station. He ald exceed the Sanitary Sewer Operating Budget. The annual budget for Litary sewer is $5,000. Of that amount, there is $3,437 remaining for this Kpenditure, the department will exceed line item by $2,763. ed,what gives the City the right to enter the property. Director Brown ; an easement on the property and there is no formal agreement giving the perty. Brown noted if the property owner doesn't want the City on his away from fixing the lift station. Woodruff suggested Council and Staff .on into good working order then conveying it to the property owner. not necessarily saying that's what should be done. Brown stated Staff will y report. Zerby moved, Woodruff seconded, authorizing the expenditure of funds to repair Lift Station 12 located at Radisson Entrance for an amount not to exceed $6,200. Motion passed 4/0. B. Authorize Expenditure of Funds for Curb Replacement at Waterford Place Director Brown explained Councilmember Woodruff had received the initial concern from a resident at 19810 Waterford Place regarding drainage issues along the curb line in front of this property. The CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 8 of 14 roadway was designed with a very flat grade and over time, the roadway and curb settled. This created a pooling issue on the roadway. It also appears sump pump discharges made the problem worse this past winter. Brown explained Staff discussed how best to cure the problem. Staff received quotes from Advance Sandjacking, Inc., and W.M. Mueller and Sons. Advanced Sandjacking's quoted $4,190 to sandjack and W.M. Mueller and Sons quoted $6,987 to remove and replace the curb. Public Works determined the cost to restore the area at $2,000, which was not included in the sandjacking quote. Public Works will restore the area after the sandjacking. Based on the quotes submitted Staff believes the sandjacking approach is worth the effort based on the difference in quotes. Brown stated Staff recommends moving forward with sandjacking amount not to exceed $6,200. He noted this project is not in the 20 if council approves this project, staff recommends funding it out of Councilmember Woodruff stated he appreciates that Staff is tr drainage issue. But, after reading about the warranty in the replacement costs only $2,800 more, he recommends moving the curb. Woodruff moved, Lizee seconded, accepting the quote in the and Sons to remove and replace the curb at Waterford Place that effort plus the restoration of the area to come out of the' Mayor Lizee asked if replacing the curb is going tc responded replacing the curb will be more of a gL that area were designed they were designed with a bit of settlement are creating the problem. One -ha period after the sandjacking could make a lot of di to the fact that this project is not in the CIP. e curb and restoring the area for an CIP' or Operating Budget. He stated Street Reconstruction Fund. minimize the cost of mitigating the report, and the fact the total curb d with removal and replacement of of $6,987 from W.M. Mueller horizing $9,000 in funding for construction Fund. e the drainage issue in that area. Director Brown -ed fix. Brown explained when the roadways in flat grade.'' The flat grades combined with a little 1 of settlement that is possible over a three year ce. Brown noted Staff was trying to be sensitive Councilmember Zerby clarified that the curb did not fail. The foundation underneath the curb is the problem. He asked if new curbing will solve the problem. He also asked if there are plans to strengthen the base as part of the effort. Director Brown responded the curb replacement option includes some excavation and placement of solid base materials. Councilmember Hotvet asked what happens if the sump pumps continue to discharge onto the roadway after replacing the curb. Director Brown explained that moving water tends not to freeze. If there is adequate grade, water should flow to the catch basin. Councilmember Zerby commented that he wasn't sure how a grade change of one -half inch is going to solve the problem of six inches of water near a mailbox. Director Brown noted that he has not seen a six inch pool of water in the summer months. Councilmember Woodruff explained that you can see the waterline on the curb by the mailbox for the property located at 19810 Waterford Place. Woodruff stated he understands Brown to have explained that if the grade is restored and then settles one -half inch then there could be a drainage issue again. Councilmember Zerby expressed concern that replacing the curb won't solve the drainage problem. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 9 of 14 Mayor Lizee expressed hope that replacing the curb will solve the problem. She noted that standing water and ice do not do the roadways any good. She asked Staff to inform the residents that discharging water from their sump pumps onto the City roadways is not good, especially in the winter. Motion passed 4/0. 10. GENERAL /NEW BUSINESS A. Support for the City of Tonka Bay's Grant Application for Basketball Improvements Administrator Heck explained that the City of Tonka Bay is applying for a Hennepin County Youth Sports Grant to help rehabilitate the basketball court in Manitou Park. Tonka Bay is requesting the surrounding communities adopt resolutions of support of its application. Hotvet moved, Zerby seconded, Adopting RESOLUTION NO. 11-050 "A Resolution of Support for the City of Tonka Bay's Grant Application for Basketball Court Improvements." Motion passed 4/0. B. Gambling Ordinance Amendment Administrator Heck explained that earlier in the year Staff determined the City's Gambling Ordinance needed amending to comply with State Statute. The meeting packet includes a draft amending Chapter 301 Gambling and Raffles that complies with State Statute. He noted that Attorney Keane has reviewed the proposed amended Chapter 301. In response to a question from Councilmember Zerby, Administrator Heck explained that one -day type licenses will be handled administratively. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 482 "An Ordinance Amending the Shorewood City Code to Replace Existing Chapter 301 in it's Entirety with a Revised Chapter 301 (Gambling and Raffles) "; Adopting RESOLUTION NO. 11 -051 "A Resolution Approving Publication of Ordinance No. 482 by Title and Summary "; and, Approving ORDINANCE NO. 483 "An Ordinance Titled License Permit Service Charges and Miscellaneous Fees." Motion passed 4/0. Michael Greer, Eagle Scout Project Request Mayor Lizee asked Michael Greer, an Eagle Scout candidate, to explain his proposed project to Council. Mr. Greer stated he proposes building a compost bin for the community garden located in the South Shore Community Park. He stated he thought the bin should be located in the corner of the garden where there are no plantings. He then stated he hopes to have the bin constructed soon so gardeners can dispose of their plants this fall. He noted he is not asking for any funding from the City. He stated if Council approves his project this evening, his intent is to present his proposal to the Park Commission at its next meeting. Mayor Lizee stated that a compost bin is needed in the community garden. Councilmember Woodruff asked what materials will be used to construct the compost bin.. Mr. Greer stated he hasn't finalized that but is considering some type of treated wood. Woodruff asked if Staff is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 10 of 14 okay with treated wood because treated wood is hazardous. Director Brown stated there could be concern about how close it will be to the organic gardens. Brown explained the community gardeners have meet specific criteria to be considered organic. Brown noted the City can provide some type of separation between the compost bin and the gardens if need be. Woodruff moved, approving Eagle Scout candidate Michael Greer's project and allowing him to move forward with his project contingent on approval from the Park Commission. Zerby seconded, subject to amending the motion to require Mr. Greer to consult with the Director of Public Works as to the best location of the compost bin at the South Shore Community Park and the Director approving the construction materials. Motion passed 4/0. Councilmember Zerby told Mr. Greer that he is pleased with his D. Appeal for Extension of Time Appellant: Naomi Carlson Location: 5955 Cathcart This was removed from the consent agenda at Director Nielsen explained Staff's original address Naomi Carlson's Zoning Violation letter did not convey the same level of i conversation with Staff prior to her sending the day. Ms. Carlson submitted a new ai November 1, 2011. Th Woodruff moved, Zerby 'seco property located at 5955 Gat passed 4/0. request. ation to the appeal for an extension of time to on the first appeal letter the City received. The as the appellant conveyed during a telephone le met with Ms. Carlson and her client earlier in indicating the equipment will be removed by ;ndation to coincide with the appeal deadline. revised the Naomi Carlson until November 1, 2011, to bring her into compliance with the City's Zoning Code. Motion 11. Administrator Heck explained the meeting packet contains a copy of the draft resident survey. He said the Planning and Park_ Commissions, the Excelsior Fire District, Mound Fire Department, and the South Lake Minnetonka Police Department received drafts for comment. The survey incorporates the feedback from those organizations. He asked Cduncilmembers for their input. After ensuing discussion, the following changes were agreed upon. ➢ Expand question 19 regarding how to use the funds from the City's former liquor operations to include how to use all of the funds in the Community Infrastructure Fund (approximately $1.8 million) and to split out the approximate $800,000 remaining from the liquor operations and ask how to use just those funds. ➢ In question 21 about preference for a single trash hauler or multiple haulers incorporate a question about supporting organics waste collection. ➢ In question 27 about what methods a respondent has access to the internet at home and add a second question about whether they actually use the access available to them CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 11 of 14 ➢ In question 29 add the Lake Minnetonka Communication Commission's website to the list of sources for getting information about the City of Shorewood. ➢ Remove questions D8 and D9 and replace them with a question that asks about the primary language spoken (e.g., English, Spanish, etc.) in the home. ➢ Include a space, possibly at the bottom of each page of the survey, for respondents to enter written comments on the questions contained in the survey. Zerby moved, Hotvet seconded, approving the 2011 Resident Survey subject to making the changes discussed. Motion passed 4/0. B. Minnehaha Creek Watershed District Joint Powers Agreement Mayor Lizee noted Eric Evenson, Minnehaha Creek Watershed District (MCDW) District Administrator, is present. Administrator Heck stated that during its September 12, 2011, meeting Council discussed a draft outline for a joint powers agreement with the Minnehaha Creek Watershed District. The intent of the outline was to provide a general understanding of what the JPA would include. Council had an opportunity to provide comments, ask questions, and express concerns about the JPA.. The meeting packet contains a copy of a draft JPA based on the outline. Heck noted he provided Keane with his suggest spoken with Mr. Evenson and Attorney Smith th had asked Smith if he thought a JPA was the app Smith thought a JPA is a better arrangement tho power.. He also asked Smith if the State can to explained the State is authorized, and questions about the JPA. He also noted he had "WD attorney about the draft JPA. He explained he ate document to use for this pilot project. He related st a written agreement due to the formal sharing of ,r into a JPA with a city and he related that Smith Mayor Lizee stated she talked to South' Lake Minnetonka Police Department Chief of Police Bryan Litsey about the SLMPD enforcing the State AIS Law at the Christmas Lake boat landing. She related that Litsey is in agreement with the SLMPD doing that and that Litsey will insure that SLMPD personnel, including its Community Service Officers, are trained by the Department of Natural Resources (DNR). Councilmember Hotvet asked if the JPA should be modified to cover more types of AIS than just Eurasian watermilfoil (milfoil) and zebra mussels. Mr. Evenson stated this is the next step in a process that started with the Christmas Lake Homeowners Association this past spring. He stated the next step in this JPA is to work with the DNR on reaching agreement with what the draft JPA stipulates. He expressed his support for broadening the types of AIS covered by the JPA. Attorney Keane explained the language "such as" implies a broader interpretation of aquatic plants that are invasive. Councilmember Zerby recommended that Article 4.E be changed to state the mayor and one city council member shall be appointed to the Shorewood AID Management Board in order to make it consistent with Article 2.A.11. He asked if the Hennepin County Sheriff's Water Patrol has any authority to enforce the State AIS Law. Mr. Evenson stated Water Patrol licensed peace officers have the authority to enforce parts of the State Law. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 12 of 14 In response to a question from Councilmember Woodruff, Mr. Evenson explained he has reviewed the JPA but the MCWD Board of Directors has not yet acted on it, and the DNR has not provided any feedback about the JPA as of yet. Councilmember Woodruff stated he continues to be troubled by operating this pilot project under a JPA arrangement, noting he expressed this same concern during Council's September 12 meeting. He expressed he is also troubled by his interpretation that the project could cover about anything. He stated the JPA refers to an agreement between the City, the DNR, and the Christmas Lake Homeowners Association, noting he is not aware of such an agreement. Attorney Keane stated that agreement dates back to 1986. Woodruff stated he has not seen that document. Councilmember Woodruff explained that a few months ago, the MCWD proposed it assume responsibility for management of AIS within the District. It's his understanding that the MCWD's current 509 Plan needs to be amended to allow it to have that authority. He asked if that has happened. Mr. Evenson explained the MCWD has been told that if it wants to pursue regulatory authority no amendment is required. However, if the MCWD chooses to do other programs beyond that a Plan amendment is required. The MCWD began the plan amendment process and that process will take about six months to complete. Woodruff stated he thought Article 1 Purpose is not very clear and he suggested deleting "... 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." He expressed concern that the Christmas Lake Homeowners Association is not part of the JPA arrangement yet it was going to provide funding for the access gate. He stated his question from two weeks ago about how the SAM Board votes has still not been answered. He also noted the SAM Board is comprised of the mayor and one councilmember from Shorewood, two representatives from the MCWD and one representative from the DNR. Woodruff stated that from his vantage point Shorewood in Article 4 is committed to open ended spending. He expressed he is troubled by that. He asked if the MCWD has any authority to enter a boat. It's his understanding that only a licensed peace officer can do that. He asked how revenues for the project will be established and he expressed he is troubled by Article 6.E. He stated he thought the scope under Article 7 Work Plan and Tasks seems to wander around. He expressed concern that each of the three entities has their own insurance yet Article 9 Insurance and Indemnification states the SAM Board will maintain liability coverage. He expressed concern about that and the cost. Woodruff went on to state he can not support the JPA. He expressed that he did not think it is well thought out. He also thinks it is incomplete. He conveyed he thought the logic is faulty in many instances. He commented Council has not had the benefit of reviewing the DNR's and the MCWD's comments. Mayor Lizee clarified Council is not being asked to approve the JPA this evening. The purpose of this discussion is to provide Attorney Keane with additional feedback. Keane concurred with that statement. Mr. Evenson stated this is the beginning of the JPA creation process, and he thought the DNR will have a number of comments about the JPA document. He explained the MCWD is working with the DNR on delegation agreements. Attorney Keane clarified the Christmas Lake Homeowners Association can not be part of the JPA Councilmember Zerby stated a JPA arrangement is very appropriate from his perspective. He commented that he is not aware of a time when the first draft of an agreement document was perfect. He expressed his comfort with tightening up some of the wording and getting the opinions from the DNR and MCWD. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 13 of 14 With regard to expenditures, he stated a JPA organization or arrangement always has to come back to councils for funding. Attorney Keane clarified there is no appropriation or taxing authority with this body. It only has the revenue provided by participating members. Councilmember Woodruff added or from donations it may receive or from grants. Keane agreed with that addition. Councilmember Zerby stated he thought the JPA conveys the right intent. Mayor Lizee stated she heard there is Council consensus to wait for Mr. Evenson expressed his appreciation to Attorney Keane and Adi drafting the JPA. Mayor Lizee recessed the meeting at 8:59 P.M. Mayor Lizee reconvened the meeting at 9:05 P.M. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated there was a hearing earlier in the day of involved in and he thought it went well. He then stated the City recei Natural Resources informing the City that it can install a control ace, launch and establish operational hours for that access. Director Brown stated asphalt wa improvement project is complete. Drive has been removed. The new replacing the obvious signs and pr session of the Metro Cities Policy trail has been paved. So has the contractors that will install the co should be installed over the next tv the DNR and MCWD. Heck for their assistance in going litigation the City is ter from the Department of at the Christmas Lake boat down on Smithtown Way. The Murray Hill Road storm sewer io- right -turn sign out of the Cub parking lot on to Lake Linden ntry identification signs have been received and Staff will begin a map for the ones that are not so obvious. He attended the third nittee's meetings on transportation. The Silverwood Park shelter section of path to the swing in Cathcart Park. He met with access gate at the Christmas Lake boat launch area and the gate Engineer Landini stated two coats of Otta seal have been put down on Enchanted Point Road. He noted the class 5 material has been left on top. The sign inventory is complete. Council will be given a demonstration of the sign inventory management software during a future work session. Councilmember Woodruff stated he has spoken with a couple of residents who are pleased with the outcome of Enchanted Point Road. Director DeJong explained Staff has received preliminary runs of the City's potential refunding of its 2005 and 2006 Water Revenue Bonds from Northland Securities. Those documents are being reviewed to determine if it makes sense to do an advanced refunding of the bonds which requires a minimum savings of three percent of the net present value of the bonds. He noted the 2005 bonds are callable January 1, 2013, and the 2006 bonds are callable January 1, 2014. Councilmember Woodruff stated he wants Staff to bring back an option to basically retire the bonds or at least most of them. The interest rate the City is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 14 of 14 earning on its money in the bank is almost nothing. DeJong noted it would be substantially in the future before that could happen. Director Nielsen stated the Planning Commission is holding an open house about the future redevelopment of Smithtown Crossing from 5:00 — 7:00 P.M. on October 4 He displayed copies of graphics that will be on display during the open house. The Smithtown Crossing redevelopment report will be available on the City's website on September 27 Attendees will be asked to fill out a comment sheet on the information provided. Councilmember Zerby asked if there is an update on the demolition of the gas station located on the Smithtown Crossing site. Director Nielsen responded no. Councilmember Woodruff asked for a status update on the demolition of the house on the property the City recently purchased. Administrator Heck explained he has been working with Excelsior Fire District Chief Gerber to get the site prepared for a live burn exercise. Heck noted the City has to get an asbestos assessment. Director Nielsen provided a brief updated on the City's sustainability efforts. He displayed a Minnesota Green Steps work sheet which reflects the City has already done many of the steps or they in progress. Councilmember Zerby asked when Nielsen plans to submit the list of what the City has done to Minnesota Green Steps. Nielsen stated the Planning Commission will review the list during its October 18 meeting. B. Mayor and City Council Councilmember Zerby stated he attended the movie in the park event on September 16 and he thought it was well attended. Mayor Lizee stated an Oktoberfest Center. She asked that the event be stated the Excelsior Fire District Oix 13. Woodruff moved, Zerby sf 2011, at 9:24 P.M. Motion Christine ATTEST: is scheduled for October 1S at the Southshore Community as a majority of Councilmembers may be in attendance. She c is scheduled for October 13 from 6:00 — 8:30 P.M. the City Council Regular Meeting of September 26, Christine Lizee, Mayor Brian Heck, City Administrator /Clerk COUNCIL ACTION FORM Department Council Meeting Item Number Finance October 10, 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 52184 through 52230 totaling $470,504.48. Staff Recommendation Staff recommends approval of the claims list. 10/06/2011 11:39 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood 2,090.97 000000 BANK: 1 BEACON BANK 1,573.50 052185 DATE RANGE: 9/27/2011 THRU 99/99/9999 052188 300.00 052189 21.30 052190 120.15 CHECK VENDOR I.D. 052192 NAME STATUS DATE 00051 224.30 EFTPS - FEDERAL W/H D 9/27/2011 00092 052197 MN DEPT OF REVENUE D 9/27/2011 20005 111.99 WELLS FARGO HEALTH BENEFIT SVC D 9/27/2011 00053 052202 ICMA RETIREMENT TRUST - 302131 -4 R 9/27/2011 00052 PERA R 9/27/2011 29306 ALLIED WASTE SERVICES #894 R 10/10/2011 01790 AMERICAN LEGAL PUBL CORP R 10/10/2011 16275 AMERICAN MESSAGING R 10/10/2011 01950 ANCHOR PAPER COMPANY R 10/10/2011 29411 ANDERSON COOLING & HEATING R 10/10/2011 01977 ANDERSON, KRISTI B. R 10/10/2011 29409 BENCHMARK LEARNING R 10/10/2011 17300 CENTERPOINT ENERGY R 10/10/2011 26100 CENTURY LINK R 10/10/2011 07600 CITY OF EXCELSIOR R 10/10/2011 18100 CITY OF MOUND R 10/10/2011 05875 CUB FOODS R 10/10/2011 06350 DAVIS, CHARLES R 10/10/2011 02000 EARL F. ANDERSEN, INC. R 10/10/2011 07383 ELECTRICAL INSTALLATION & MAIN R 10/10/2011 07653 EXCELSIOR FIRE DISTRICT R 10/10/2011 12125 FEDEX KINKO'S R 10/10/2011 INVOICE AMOUNT DISCOUNT PAGE: 1 CHECK CHECK CHECK NO STATUS AMOUNT 000000 11,731.52 000000 2,090.97 000000 1,092.39 052184 1,573.50 052185 7,058.75 052187 13,840.20 052188 300.00 052189 21.30 052190 120.15 052191 767.00 052192 79.56 052193 199.00 052194 224.30 052195 445.08 052196 15,344.30 052197 6,109.50 052198 67.21 052199 111.99 052200 2,393.79 052201 3,064.70 052202 145,847.55 052203 53.11 10/06/2011 11:39 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood 150.00 052206 BANK: 1 BEACON BANK 69.95 052208 DATE RANGE: 9/27/2011 THRU 99/99/9999 052210 4,415.40 052211 236.42 052212 628.35 CHECK VENDOR I.D. 052214 NAME STATUS DATE 29279 563.96 J. BECHER & ASSOC., INC. R 10/10/2011 29410 052219 JEFFREY FLATTUM R 10/10/2011 12575 2,121.00 LAB SAFETY SUPPLY INC R 10/10/2011 21340 052224 LOCAL LINK R 10/10/2011 29259 MALKERSON GUNN MARTIN LLP R 10/10/2011 15050 MEDIACOM R 10/10/2011 15501 METRO COUNCIL ENV.(SAC) R 10/10/2011 81500 MN CONWAY FIRE & SAFETY INC. R 10/10/2011 14050 MTI DISTRIBUTING COMPANY R 10/10/2011 29345 NATIONAL RECREATION & PARK ASS R 10/10/2011 15900 OFFICE DEPOT R 10/10/2011 1 ONCE UPON A STAR R 10/10/2011 15000 PAETEC R 10/10/2011 29281 PYRAMID HOME SPECAILTIES R 10/10/2011 1 ROGER FEMRITE R 10/10/2011 29339 SKEIE, PAT R 10/10/2011 23500 SO LK MTKA POLICE DEPT R 10/10/2011 17050 STATE OF MN -MN DEPT OF HEALTH R 10/10/2011 23738 T- MOBILE R 10/10/2011 1 TONY SANDER R 10/10/2011 25000 TOTAL PRINTING SERVICES R 10/10/2011 70200 VERIZON WIRELESS R 10/10/2011 INVOICE AMOUNT DISCOUNT PAGE: 2 CHECK CHECK CHECK NO STATUS AMOUNT 052204 193.25 052205 150.00 052206 78.29 052207 69.95 052208 3,959.00 052209 50.95 052210 4,415.40 052211 236.42 052212 628.35 052213 150.00 052214 302.52 052215 505.00 052216 563.96 052217 4,258.82 052218 20.00 052219 240.00 052220 57,517.00 052221 2,121.00 052222 87.55 052223 71.40 052224 773.66 052225 214.78 10/06/2011 11:39 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood 181.11 052228 BANK: 1 BEACON BANK 12,058.80 999999 DATE RANGE: 9/27/2011 THRU 99/99/9999 999999 105.00 999999 297.55 999999 500.00 CHECK VENDOR I.D. 999999 NAME STATUS DATE 29300 71.04 VIKING AUTOMATIC SPRINKLER CO. R 10/10/2011 27190 999999 WACONIA FARM SUPPLY R 10/10/2011 83900 33.51 WASTE MANAGEMENT OF WI -MN R 10/10/2011 19800 XCEL ENERGY R 10/10/2011 05305 COMMUNITY REC RESOURCES E 10/10/2011 06572 DELTA DENTAL OF MINNESOTA D 10/01/2011 07900 HAWKINS, INC. E 10/10/2011 09400 GOPHER STATE ONE CALL E 10/10/2011 15885 MIDWEST MAILING SYSTEMS, INC. E 9/27/2011 15885 MIDWEST MAILING SYSTEMS, INC. E 10/05/2011 15885 MIDWEST MAILING SYSTEMS, INC. E 10/10/2011 18500 WM. MUELLER & SONS, INC. E 10/10/2011 19445 NGUYEN, MICHELLE E 10/10/2011 20950 KENNETH N. POTTS, P.A. E 10/10/2011 21400 PURCHASE POWER E 10/10/2011 22901 VIKING LAND TREE CARE, INC. E 10/10/2011 23725 SPEEDWAY SUPERAMERICA LLC E 10/10/2011 24450 TOLL GAS & WELDING E 10/10/2011 29232 HECK, BRIAN E 10/10/2011 29363 DeJONG, BRUCE E 10/10/2011 INVOICE AMOUNT DISCOUNT PAGE: 3 CHECK CHECK CHECK NO STATUS AMOUNT 052226 751.00 052227 181.11 052228 540.05 052229 12,058.80 999999 6,446.63 999999 681.23 999999 105.00 999999 297.55 999999 500.00 999999 1,239.02 999999 693.15 999999 95,936.89 999999 71.04 999999 2,291.66 999999 218.57 999999 1,072.75 999999 3,895.09 999999 33.51 999999 120.00 999999 641.26 10/06/2011 11:39 AM VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 9/27/2011 THRU 99/99/9999 VENDOR I.D. NAME A/P HISTORY CHECK REPORT PAGE: 4 CHECK INVOICE CHECK CHECK CHECK STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT ** T O T A L S ** NO REGULAR CHECKS: 45 HAND CHECKS: 0 DRAFTS: 4 EFT: 15 NON CHECKS: 0 VOID CHECKS: 0 VOID DEBITS VOID CREDITS TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 64 BANK: 1 TOTALS: 64 REPORT TOTALS: 64 INVOICE AMOUNT DISCOUNTS CHECK AMOUNT 287,759.25 416,917.48 0.00 287,759.25 0.00 416,917.48 0.00 0.00 15,596.11 0.00 15,596.11 113,562.12 0.00 113,562.12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 416,917.48 0.00 416,917.48 416,917.48 0.00 416,917.48 416,917.48 0.00 416,917.48 10 -06 -2011 11:36 AM C O U N C I L REPORT BY VENDOR- OCTOBER 10, 2011 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT ALLIED WASTE SERVICES #894 10 /10 /11 RECYCLING Recycling Utility Recycling 13,840.20 TOTAL: 13,840.20 AMERICAN LEGAL PUBL CORP 10 /10 /11 SHOREWOOD ORD- 10/2011 -10/2 General Fund General Government 300.00 TOTAL: 300.00 AMERICAN MESSAGING 10 /10 /11 612 - 534 -3975 & 612 - 818 -591 General Fund Public Works 10.66 10 /10 /11 612 - 534 -3975 & 612 - 818 -591 Water Utility Water 5.32 10 /10 /11 612 - 534 -3975 & 612 - 818 -591 Sanitary Sewer Uti Sewer 5.32 TOTAL: 21.30 ANCHOR PAPER COMPANY 10 /10 /11 STARDUST WHITE ASTROBRIGHT General Fund General Government 120.15 TOTAL: 120.15 ANDERSON COOLING & HEATING 10 /10 /11 RENTAL HOUSE MAINT General Fund Municipal Buildings 172.00 10 /10 /11 BADGER WARMING HOUSE -FURNA General Fund Parks & Recreation 595.00 TOTAL: 767.00 ANDERSON, KRISTI B. 10 /10 /11 OCTOBERFEST SUPPLIES Southshore Communi Senior Community Cente 79.56 TOTAL: 79.56 BENCHMARK LEARNING 10 /10 /11 BEMINDSURF MINDSURT2011 -10 General Fund City Engineer 199.00 TOTAL: 199.00 CENTERPOINT ENERGY 10 /10 /11 5755 CTRY CLUB RD General Fund Municipal Buildings 23.47 10 /10 /11 24200 SMITHTOWN RD General Fund Public Works 71.82 10 /10 /11 5745 CTRY CLB RD & 2520 HW General Fund Parks & Recreation 28.90 10 /10 /11 20630 MANOR RD- WARMING HOU General Fund Parks & Recreation 15.55 10 /10 /11 5735 COUNTRY CLUB RD Southshore Communi Senior Community Cente 39.90 10 /10 /11 20405 KNIGHTSBRIDGE RD Water Utility Water 19.83 10 /10 /11 28125 BOULDER BRIDGE DR Water Utility Water 24.83 TOTAL: 224.30 CENTURY LINK 10 /10 /11 952 - 470 -6340 General Fund Municipal Buildings 120.69 10 /10 /11 952 - 470 -2294 General Fund Public Works 56.97 10 /10 /11 09/13 -10/12 SVC Southshore Communi Senior Community Cente 121.38 10 /10 /11 952 - 470 -9605 Water Utility Water 73.02 10 /10 /11 952 - 470 -9606 Water Utility Water 73.02 TOTAL: 445.08 CITY OF EXCELSIOR 10 /10 /11 3RD QTR WATER USAGES Water Utility Water 7,464.60 10 /10 /11 QUARTER SANITARY SEWER SVC Sanitary Sewer Uti Sewer 7,879.70 TOTAL: 15,344.30 CITY OF MOUND 10 /10 /11 QUARTERLY FIRE SVC & PROTE General Fund Fire Protection 6,109.50 TOTAL: 6,109.50 COMMUNITY REC RESOURCES 10 /10 /11 PARK COORDINATOR SERVICES General Fund Parks & Recreation 2,070.00 10 /10 /11 OCTOBERFEST DECORATION Southshore Communi Senior Community Cente 28.63 10 /10 /11 OCTOBERFEST INSURANCE Southshore Communi Senior Community Cente 325.00 10 /10 /11 QUARTERLY SSCC SERVICES Southshore Communi Senior Community Cente 3,750.00 10 /10 /11 SSCC ASSISTANT Southshore Communi Senior Community Cente 273.00 TOTAL: 6,446.63 CUB FOODS 10 /10 /11 PLANNING COMM DINNER 10/4 General Fund Planning 67.21 TOTAL: 67.21 10 -06 -2011 11:36 AM C O U N C I L REPORT BY VENDOR- OCTOBER 10, 2011 PAGE: 2 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT DAVIS, CHARLES 10 /10 /11 BOOTS General Fund Public Works 111.99 TOTAL: 111.99 DELTA DENTAL OF MINNESOTA 10 /01 /11 MONTHLY DENTIST PREMIUM General Fund Unallocated Expenses 681.23 TOTAL: 681.23 DeJONG, BRUCE 10 /10 /11 GFOA EXP REIM- MILEAGE General Fund Finance 160.40 10 /10 /11 GFOA EXP REIM- REGISTRATION General Fund Finance 250.00 10 /10 /11 GFOA EXP REIM -HOTEL General Fund Finance 230.86 TOTAL: 641.26 EARL F. ANDERSEN, INC. 10 /10 /11 SHOREWOOD SIGH General Fund Traffic Control /Str Li 2,387.51 10 /10 /11 ADDT'L PAY FOR SALES TAX General Fund Traffic Control /Str Li 6.28 TOTAL: 2,393.79 EFTPS - FEDERAL W/H 9/27/11 FEDERAL W/H General Fund NON - DEPARTMENTAL 4,889.49 9/27/11 FICA W/H General Fund NON - DEPARTMENTAL 2,160.62 9/27/11 MEDICARE W/H General Fund NON - DEPARTMENTAL 745.94 9/27/11 FICA W/H General Fund Council 80.60 9/27/11 MEDICARE W/H General Fund Council 18.87 9/27/11 FICA W/H General Fund Administration 281.59 9/27/11 MEDICARE W/H General Fund Administration 65.85 9/27/11 FICA W/H General Fund General Government 397.55 9/27/11 MEDICARE W/H General Fund General Government 92.98 9/27/11 FICA W/H General Fund Finance 307.69 9/27/11 MEDICARE W/H General Fund Finance 71.95 9/27/11 FICA W/H General Fund Planning 281.46 9/27/11 MEDICARE W/H General Fund Planning 65.82 9/27/11 FICA W/H General Fund Protective Inspections 211.28 9/27/11 MEDICARE W/H General Fund Protective Inspections 49.42 9/27/11 FICA W/H General Fund City Engineer 176.39 9/27/11 MEDICARE W/H General Fund City Engineer 41.26 9/27/11 FICA W/H General Fund Public Works 309.25 9/27/11 MEDICARE W/H General Fund Public Works 72.31 9/27/11 FICA W/H General Fund Streets & Roadways 173.70 9/27/11 MEDICARE W/H General Fund Streets & Roadways 40.63 9/27/11 FICA W/H General Fund Ice & Snow Removal 11.15 9/27/11 MEDICARE W/H General Fund Ice & Snow Removal 2.61 9/27/11 FICA W/H General Fund Sanitation/Weeds/Waste 9.09 9/27/11 MEDICARE W/H General Fund Sanitation/Weeds/Waste 2.13 9/27/11 FICA W/H General Fund Tree Maintenance 84.15 9/27/11 MEDICARE W/H General Fund Tree Maintenance 19.68 9/27/11 FICA W/H General Fund Parks & Recreation 317.63 9/27/11 MEDICARE W/H General Fund Parks & Recreation 74.28 9/27/11 FICA W/H Southshore Communi Senior Community Cente 48.37 9/27/11 MEDICARE W/H Southshore Communi Senior Community Cente 11.31 9/27/11 FICA W/H Water Utility Water 303.38 9/27/11 MEDICARE W/H Water Utility Water 70.95 9/27/11 FICA W/H Sanitary Sewer Uti Sewer 111.28 9/27/11 MEDICARE W/H Sanitary Sewer Uti Sewer 26.02 9/27/11 FICA W/H Recycling Utility Recycling 3.13 9/27/11 MEDICARE W/H Recycling Utility Recycling 0.73 9/27/11 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 81.84 9/27/11 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 19.14 TOTAL: 11,731.52 10 -06 -2011 11:36 AM C O U N C I L REPORT BY VENDOR- OCTOBER 10, 2011 PAGE: 3 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT ELECTRICAL INSTALLATION & MAINTENANCE 10 /10 /11 CIP -PW HOIST ELECTRICAL Equipment Replacem Equipment Replacement 2,455.84 10 /10 /11 CONTROL BLDR BRIDGE WELL #3 Water Utility Water 608.86 TOTAL: 3,064.70 EXCELSIOR FIRE DISTRICT 10 /10 /11 OPERATIONS General Fund Fire Protection 78,173.17 10 /10 /11 BUILDINGS General Fund Fire Protection 67,674.38 TOTAL: 145,847.55 FEDEX KINKO'S 10 /10 /11 PLANS COPY -26790 NOBLE RD General Fund Protective Inspections 28.97 10 /10 /11 PLANS COPY -5370 BARRINGTON General Fund Protective Inspections 24.14 TOTAL: 53.11 GOPHER STATE ONE CALL 10 /10 /11 SEPT SVC Water Utility Water 148.77 10 /10 /11 SEPT SVC Sanitary Sewer Uti Sewer 148.78 TOTAL: 297.55 HAWKINS, INC. 10 /10 /11 CHLORINE Water Utility Water 105.00 TOTAL: 105.00 HECK, BRIAN 10 /10 /11 AUG - OCT WELLSNESS REIM General Fund Administration 120.00 TOTAL: 120.00 ICMA RETIREMENT TRUST - 302131 -457 9/27/11 P/R DEDUCTS - DEFERRED COM General Fund NON - DEPARTMENTAL 1,435.96 9/27/11 P/R DEDUCTS - DEFERRED COM General Fund NON - DEPARTMENTAL 137.54 TOTAL: 1,573.50 J. BECHER & ASSOC., INC. 10 /10 /11 C.H. PIV REWIRE General Fund Municipal Buildings 193.25 TOTAL: 193.25 JEFFREY FLATTUM 10 /10 /11 WEDDING EVENT 9/24 SVC Southshore Communi Senior Community Cente 150.00 TOTAL: 150.00 KENNETH N. POTTS, P.A. 10 /10 /11 MONTHLY PROSECUTION SVC General Fund Professional Svcs 2,291.66 TOTAL: 2,291.66 LAB SAFETY SUPPLY INC 10 /10 /11 DISPOSAL TOWELET & WIPE PA General Fund Public Works 78.29 TOTAL: 78.29 LOCAL LINK 10 /10 /11 OCT -ADSL SVC General Fund Municipal Buildings 69.95 TOTAL: 69.95 MALKERSON GUNN MARTIN LLP 10 /10 /11 AUG -GEN MATTER General Fund Professional Svcs 1,850.00 10 /10 /11 AUG - PERSONNEL General Fund Professional Svcs 129.50 10 /10 /11 AUG -ADM CODE ENFORCEMENT General Fund Professional Svcs 499.50 10 /10 /11 AUG - ACQUISITION -24620 SMTW Community Infrastr Community Infrastructu 1,036.00 10 /10 /11 AUG - ACQUISITION -5750 COVIN Stormwater Managem STORMWATER MANAGEMENT 444.00 TOTAL: 3,959.00 MEDIACOM 10 /10 /11 OCT SVC Southshore Communi Senior Community Cente 50.95 TOTAL: 50.95 METRO COUNCIL ENV.(SAC) 10 /10 /11 SEPT SAC REPORT Sanitary Sewer Uti NON - DEPARTMENTAL 4,415.40 TOTAL: 4,415.40 MIDWEST MAILING SYSTEMS, INC. 10 /10 /11 OCT NEWSLETTER SVC General Fund General Government 306.47 10 /10 /11 OCT NEWSLETTER ADDT'L POST General Fund General Government 32.50 10 -06 -2011 11:36 AM C O U N C I L REPORT BY VENDOR- OCTOBER 10, 2011 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT 9/27/11 OCT NEWSLETTER POSTAGE General Fund General Government 500.00 10 /05 /11 3RD QTR UTILITY BILLING PS Water Utility Water 309.75 10 /10 /11 3RD QTR UTILITY BILLING PS Water Utility Water 85.52 10 /10 /11 3RD QTR UTILITY BILLING PS Water Utility Water 3.02 10 /05 /11 3RD QTR UTILITY BILLING PS Sanitary Sewer Uti Sewer 309.75 10 /10 /11 3RD QTR UTILITY BILLING PS Sanitary Sewer Uti Sewer 85.52 10 /10 /11 3RD QTR UTILITY BILLING PS Sanitary Sewer Uti Sewer 3.02 10 /05 /11 3RD QTR UTILITY BILLING PS Recycling Utility Recycling 309.75 10 /10 /11 3RD QTR UTILITY BILLING PS Recycling Utility Recycling 85.52 10 /10 /11 3RD QTR UTILITY BILLING PS Recycling Utility Recycling 3.03 10 /05 /11 3RD QTR UTILITY BILLING PS Stormwater Managem STORMWATER MANAGEMENT 309.77 10 /10 /11 3RD QTR UTILITY BILLING PS Stormwater Managem STORMWATER MANAGEMENT 85.52 10 /10 /11 3RD QTR UTILITY BILLING PS Stormwater Managem STORMWATER MANAGEMENT 3.03 TOTAL: 2,432.17 MISC. VENDOR ONCE UPON A STAR 10 /10 /11 PRINCESS BALL EVENT- 09/16/ Southshore Communi Senior Community Cente 505.00 ROGER FEMRITE 10 /10 /11 24530 SMITHTOWN RD -DUPL RE General Fund NON - DEPARTMENTAL 20.00 TONY SANDER 10 /10 /11 4976 DEVONSHIRE CIR- CANCEL General Fund NON - DEPARTMENTAL 70.00 TONY SANDER 10 /10 /11 4976 DEVONSHIRE CIR- CANCEL General Fund NON - DEPARTMENTAL 1.40 TOTAL: 596.40 MN CONWAY FIRE & SAFETY INC. 10 /10 /11 C.H. ANNUAL EXT INSP General Fund Municipal Buildings 8.30 10 /10 /11 C.H. 108 General Fund Municipal Buildings 22.81 10 /10 /11 P.W 158 General Fund Public Works 34.21 10 /10 /11 PARKS 608 General Fund Parks & Recreation 136.87 10 /10 /11 WATER 158 Water Utility Water 34.23 TOTAL: 236.42 MN DEPT OF REVENUE 9/27/11 STATE W/H General Fund NON - DEPARTMENTAL 2,090.97 TOTAL: 2,090.97 MTI DISTRIBUTING COMPANY 10 /10 /11 BLOWER PARTS General Fund Public Works 628.35 TOTAL: 628.35 NATIONAL RECREATION & PARK ASSOCIATION 10 /10 /11 TWILA GROUT 2011 MEMBERSHI General Fund Administration 150.00 TOTAL: 150.00 NGUYEN, MICHELLE 10 /10 /11 SEPT MILEAGE General Fund Finance 71.04 TOTAL: 71.04 OFFICE DEPOT 10 /10 /11 GEN OFFICE SUPPLIES General Fund General Government 33.59 10 /10 /11 TONER General Fund General Government 268.93 TOTAL: 302.52 PAETEC 10 /10 /11 952 - 474 -6543 & 952 - 474 -655 General Fund Municipal Buildings 111.81 10 /10 /11 952 - 474 -7603 - 24200 SMTWN General Fund Public Works 54.14 10 /10 /11 952 - 401 -1616 & 1620 & 1630 General Fund Parks & Recreation 168.21 10 /10 /11 952 - 401 -0461 & 952 - 470 -960 Water Utility Water 114.00 10 /10 /11 952 - 470 -9197 & 952 - 474 -175 Water Utility Water 115.80 TOTAL: 563.96 PERA 9/27/11 P/R DEDUCTS -PERA General Fund NON - DEPARTMENTAL 3,267.94 9/27/11 P/R DEDUCTS -PERA General Fund Administration 339.41 9/27/11 P/R DEDUCTS -PERA General Fund General Government 465.91 9/27/11 P/R DEDUCTS -PERA General Fund Finance 370.52 9/27/11 P/R DEDUCTS -PERA General Fund Planning 361.55 10 -06 -2011 11:36 AM C O U N C I L REPORT BY VENDOR- OCTOBER 10, 2011 PAGE: 5 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT 9/27/11 P/R DEDUCTS -PERA General Fund Protective Inspections 274.95 9/27/11 P/R DEDUCTS -PERA General Fund City Engineer 206.93 9/27/11 P/R DEDUCTS -PERA General Fund Public Works 377.80 9/27/11 P/R DEDUCTS -PERA General Fund Streets & Roadways 207.61 9/27/11 P/R DEDUCTS -PERA General Fund Ice & Snow Removal 14.16 9/27/11 P/R DEDUCTS -PERA General Fund Sanitation/Weeds/Waste 10.63 9/27/11 P/R DEDUCTS -PERA General Fund Tree Maintenance 98.64 9/27/11 P/R DEDUCTS -PERA General Fund Parks & Recreation 400.19 9/27/11 P/R DEDUCTS -PERA Southshore Communi Senior Community Cente 56.56 9/27/11 P/R DEDUCTS -PERA Water Utility Water 370.25 9/27/11 P/R DEDUCTS -PERA Sanitary Sewer Uti Sewer 135.29 9/27/11 P/R DEDUCTS -PERA Recycling Utility Recycling 3.66 9/27/11 P/R DEDUCTS -PERA Stormwater Managem STORMWATER MANAGEMENT 96.75 TOTAL: 7,058.75 PURCHASE POWER 10 /10 /11 SUPPLIES General Fund General Government 178.58 10 /10 /11 ANNUAL FEE General Fund General Government 39.99 TOTAL: 218.57 PYRAMID HOME SPECAILTIES 10 /10 /11 BROADLEAF WEED CONTROL -SEP General Fund Sanitation/Weeds/Waste 4,258.82 TOTAL: 4,258.82 SKEIE, PAT 10 /10 /11 JUL 11 - AUG 22 VIDEO TAPE General Fund General Government 240.00 TOTAL: 240.00 SO LK MTKA POLICE DEPT 10 /10 /11 QUARTERLY LEASE PAYMENT General Fund Police Protection 57,517.00 TOTAL: 57,517.00 SPEEDWAY SUPERAMERICA LLC 10 /10 /11 GAS 08/25 -09/22 General Fund Public Works 3,895.09 TOTAL: 3,895.09 STATE OF MN -MN DEPT OF HEALTH 10 /10 /11 3RD QTR WATER SURCHARGE Water Utility NON - DEPARTMENTAL 2,121.00 TOTAL: 2,121.00 T- MOBILE 10 /10 /11 BRIAN HECK -CELL General Fund Administration 87.55 TOTAL: 87.55 TOLL GAS & WELDING 10 /10 /11 WELDING SUPPLIES General Fund Public Works 33.51 TOTAL: 33.51 TOTAL PRINTING SERVICES 10 /10 /11 OCT NEWSLETTER SVC General Fund General Government 773.66 TOTAL: 773.66 VERIZON WIRELESS 10 /10 /11 L.S. PHONE SERVICES Sanitary Sewer Uti Sewer 214.78 TOTAL: 214.78 VIKING AUTOMATIC SPRINKLER CO. 10 /10 /11 C.H. PIV REPAIR General Fund Municipal Buildings 261.00 10 /10 /11 SSCC -ANNUA FIRE INSPECT Southshore Communi Senior Community Cente 490.00 TOTAL: 751.00 VIKING LAND TREE CARE, INC. 10 /10 /11 TREES REMOVAL General Fund Tree Maintenance 1,072.75 TOTAL: 1,072.75 WACONIA FARM SUPPLY 10 /10 /11 HERBICIDE- CENTER ISLANDS General Fund Streets & Roadways 181.11 TOTAL: 181.11 10 -06 -2011 11:36 AM C O U N C I L REPORT BY VENDOR- OCTOBER 10, 2011 PAGE: 6 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT WASTE MANAGEMENT OF WI -MN 10 /10 /11 24200 SMITHTOWN RD WASTE S General Fund Public Works 376.39 10 /10 /11 5735 COUNTRY CLUB RD WASTE Southshore Communi Senior Community Cente 163.66 TOTAL: 540.05 WELLS FARGO HEALTH BENEFIT SVCS 9/27/11 P/R DEDUCTS -HSA General Fund NON - DEPARTMENTAL 803.94 9/27/11 P/R DEDUCTS -HSA General Fund General Government 288.45 TOTAL: 1,092.39 WM. MUELLER & SONS, INC. 10 /10 /11 BLACKTOP General Fund Streets & Roadways 6,010.17 10 /10 /11 PROJECT NO. 11 -05 Stormwater Managem STORMWATER MANAGEMENT 84,865.89 10 /10 /11 P.V. #3 - PROJ NO. 10 -11 Stormwater Managem STORMWATER MANAGEMENT 5,060.83 TOTAL: 95,936.89 XCEL ENERGY 10 /10 /11 STMT #297318462 -SVC 7/24 -9 General Fund Municipal Buildings 694.17 10 /10 /11 STMT #297318462 -SVC 7/24 -9 General Fund Police Protection 2.07 10 /10 /11 STMT #297318462 -SVC 7/24 -9 General Fund Public Works 522.14 10 /10 /11 STMT #297318462 -SVC 7/24 -9 General Fund Traffic Control /Str Li 29.26 10 /10 /11 STMT #297318462 -SVC 7/24 -9 General Fund Traffic Control /Str Li 1,863.39 10 /10 /11 5700 CTY RD 19 General Fund Traffic Control /Str Li 35.95 10 /10 /11 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic Control /Str Li 220.44 10 /10 /11 STMT #297318462 -SVC 7/24 -9 General Fund Parks & Recreation 381.48 10 /10 /11 5735 COUNTRY CLUB RD Southshore Communi Senior Community Cente 690.15 10 /10 /11 24253 SMITHTOWN ROAD Water Utility Water 1,089.26 10 /10 /11 STMT #297318462 -SVC 7/24 -9 Water Utility Water 1,332.71 10 /10 /11 STMT #297318462 -SVC 7/24 -9 Water Utility Water 1,918.92 10 /10 /11 STMT #297318462 -SVC 7/24 -9 Water Utility Water 2,758.40 10 /10 /11 STMT #297318462 -SVC 7/24 -9 Sanitary Sewer Uti Sewer 520.46 TOTAL: 12,058.80 * *PAYROLL EXPENSES 9/26/2011 - 99/99/9999 General Fund Council 1,300.00 General Fund Administration 4,681.54 General Fund General Government 6,426.41 General Fund Finance 5,110.70 General Fund Planning 4,987.01 General Fund Protective Inspections 3,792.25 General Fund City Engineer 2,854.18 General Fund Public Works 5,211.02 General Fund Streets & Roadways 2,863.45 General Fund Ice & Snow Removal 195.38 General Fund Sanitation/Weeds/Waste 146.55 General Fund Tree Maintenance 1,360.61 General Fund Parks & Recreation 5,519.90 Southshore Communi Senior Community Cente 780.08 Water Utility Water 5,107.06 Sanitary Sewer Uti Sewer 1,866.09 Recycling Utility Recycling 50.48 Stormwater Managem STORMWATER MANAGEMENT 1,334.29 TOTAL: 53,587.00 10 -06 -2011 11:36 AM C O U N C I L REPORT BY VENDOR- OCTOBER 10, 2011 PAGE: 7 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT GRAND TOTAL: 470,504.48 ------------------------- - - - - -- TOTAL PAGES: 7 FUND TOTALS = _______________ 101 General Fund 312,872.62 403 Equipment Replacement 2,455.84 450 Community Infrastructure 1,036.00 490 Southshore Community Ctr. 7,563.55 601 Water Utility 24,257.50 611 Sanitary Sewer Utility 15,721.41 621 Recycling Utility 14,296.50 631 Stormwater ManagementUtil 92,301.06 GRAND TOTAL: 470,504.48 ------------------------- - - - - -- TOTAL PAGES: 7 1: (2 #3B U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Setting the Date for the Appreciation Event Meeting Date: October 10, 2011 Prepared by: Brian Heck, City Administrator Background / Previous Action Plans are underway for the annual staff /volunteer appreciation dinner. Friday, December 9, has been selected as the date. The event will be held at the Southshore Community Center, and will include a social hour, dinner, and staff and commission recognitions; entertainment options are under review. Invitees include commission members, police and fire chiefs, board representatives, and staff. The 2011 budget has an allocation of $2,500 for appreciation activities. Recommendation Staff recommends approval of the date of Friday, December 9, 2011, for the Appreciation Event. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 _ ® #3D City f Shorewood Council Meeting tem M TYPE y g Reggular ular Meeting Title / Subject: Accept Project and Final Payment for Meadowview Road, Wild Rose Lane and Nelsine Drive Meeting Date: 10/10/11 Prepared by: James Landini Reviewed by: Attachments: Resolution, Resolution Policy Consideration: Background: On June 27, 2011, the Shorewood City Council awarded a contract for the 2010 Murray Hill Road Storm Improvement project to W.M. Mueller and Sons, Inc. Exhibit A is a change order for the project. The change order is requested to add the curb replacement at Silverwood Park and the Shorewood shopping center. It also addresses the change from seeding and mulching the soil to placing sod to stabilize the surface quickly. The items of the change order increase the contract by $9,137.50. Staff is pleased to report that the project has been completed, and the contractor has submitted the final paperwork and withholding certifications needed to close out the project. The contractor is due the normal progress payment and retainage payments for work completed, in the amount of $5,060.83. The project did go over budget due to field determination that culverts needed to be replaced instead of protected. The culverts were corrugated metal pipe in poor, rusted condition. The original contract amount is $199,318.90 and the value completed to date is $216,685.01. Financial or Budget Considerations: Options: 1. Approve the resolution accepting the; change order, project and authorizes final payment. 2. Direct staff to do something different. 3. Do nothing. Recommendation / Action Requested: Staff recommends approval of the resolution that accepts the; change order, project and authorizes final payment in the amount of $5,060.83. 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 Project Payment Status Owner: City of Shorewood Project No.: 10 -11 Contractor: W. M. Mueller and Sons, Inc. Contract Changes No. Type Dates Description Amount 1 Total Retainage 10/1/2011 Cub curb, Silverwood curb, storm changes, sod $ 9,137.50 8/1/2011 $ 30, 578.11 $ 30, 578.11 $ 1 $ 1 $ 32 2 8/1/2011 9/1/2011 $ 181, 046.06 Totals for Section A $ 9 Payment Summary No. From Date To Date Payment Total Payment Retainage per Payment Total Retainage Completed 1 8/1/2011 $ 30, 578.11 $ 30, 578.11 $ 1 $ 1 $ 32 2 8/1/2011 9/1/2011 $ 181, 046.06 $ 211, 624.17 $ 7 $ 9 $ 158, 387.33 3 1 9/1/2011 10/1/2011 $ 5 1 $ 216,685.00 1 1 1 $ 26,110.20 Totals for Section Al $ 216,685.01 Proiect Summary Material On Hand: Total Payment to Date: Total Retainage: Total Amount Earned: Exhibit A $ 211,624.17 $ 216,685.01 Original Contract: Contract Changes: Revised Contract: $199,318.90 $ 9,137.50 $ 208,456.40 CITY OF SHOREWOOD RESOLUTION NO. 11- A RESOLUTION APPROVING A CHANGE ORDER 1 FOR THE 2010 MURRAY HILL ROAD STORM SEWER IMPROVEMENTS. CITY PROJECT NO. 10 -11 WHEREAS, on June 27th, 2011, the City of Shorewood entered into a contract for construction with W. M. Mueller & Sons, Inc. for the 2010 Murray Hill Road Storm Sewer Improvement Project, City Project No. 10 -11; and WHEREAS, staff has prepared Change Order 1 attached hereto as Exhibit A, for changes to the work specified in the original contract; and WHEREAS, the Director of Public Works has reviewed said Change Order and found it to be cost effective for the project. NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Change Order Number 1 with W. M. Mueller & Sons, Inc., that incorporates services outlined in Change Order 1, attached hereto as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 10th day of October, 2011. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator /Clerk CITY OF SHOREWOOD RESOLUTION NO. 11 - A RESOLUTION ACCEPTING THE 2010 MURRAY HILL ROAD STORM IMPROVEMENT PROJECT AND AUTHORIZING FINAL PAYMENT CITY PROJECT NO. 10 -11 WHEREAS, on June 27, 2011, the City of Shorewood entered into a contract with W. M. Mueller and Sons, Inc. for City Project 10 -11, for the 2010 Murray Hill Road Storm Improvement Project; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the City Engineer has made final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and all warranties shall commence as of the date of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of October, 2011. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator /Clerk 1: (2 #6A U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Recognition of Service Meeting Date: October 10, 2011 Prepared by: Jean Panchyshyn, Deputy Clerk Background / Previous Action Josh Trent is being recognized this evening for his service on the Park Commission. Josh was a member of the Park Commission for five years, from July 2006 —June 2011. Council Action Presentation of a plaque to Josh Trent for his five years of service on the Park Commission. 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 � 11% City of Shorewood Council Meeting Item Title / Subject: Trail Plan Implementation Report Meeting Date: 10 October 2011 Prepared by: Brad Nielsen Reviewed by: Brian Heck Attachments: Trail Implementation Plan, dated October 2011 Draft Resolution Amending Shorewood Comprehensive Plan MU MEETING TYPE Regular Meeting Policy Consideration: Should the Council adopt an implementation plan for the construction of trails in Shorewood? Background: At its last meeting the City Council directed staff to bring back a resolution amending the Shorewood Comprehensive Plan to include the Trail Implementation Plan. The Implementation Plan has been revised to include recommendations made by the Ad Hoc Committee, the Park Commission, the Planning Commission and the City Council. Financial or Budget Considerations: The initial report included a preliminary draft of a C.I.P. to serve as a guide for future budgeting for trail constructions. In preparing for a couple of upcoming grants, it has been found that the preliminary C.I.P. numbers were low. As a result, staff is recommending that the Implementation Plan be adopted without the C.I.P. page. After further review, analysis and update of the cost estimates, they would be incorporated into the City's Capital Improvements Plan. 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 recommends adoption of the draft resolution incorporating the Trail Implementation Plan 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 - D- R- A -F -T- CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION ADOPTING AN AMENDMENT TO THE SHOREWOOD COMPREHENSIVE PLAN 2009 PERTAINING TO TRAIL IMPLEMENTATION FOR THE CITY OF SHOREWOOD WHEREAS, the City of Shorewood adopted its current Comprehensive Plan in June of 2010; and WHEREAS, the Transportation Chapter of the Comprehensive Plan includes a Trail Concept Plan, identifying potential trails for Shorewood; and WHEREAS, the City Council is interested in implementing trail construction and appointed an Ad Hoc Trail Committee, consisting of two Council members, two Planning Commission members, two Park Commission members and two at large residents, to make recommendations on such implementation; and WHEREAS, the Ad Hoc Trail Committee met for several months, agreeing on several recommendations to the City Council, the result of which was The Trail Plan Implementation Report, dated July 2010; and WHEREAS, the Trail Implementation Report was considered by the Shorewood Park Commission at its 9 August 2011 meeting, at which it recommended adoption by the City Council; and WHEREAS, after legal notice was published in the official City newspaper, the Planning Commission conducted a public hearing on 20 September 2011, to formally present the Trail Plan and Trail Implementation Report to the public; and WHEREAS, after holding the public hearing the Planning Commission voted to recommend to the City Council that the Trail Plan and Trail Implementation Report be included in the Comprehensive Plan; and WHEREAS, the City Council, having considered the recommendations of the Ad Hoc Trail Committee, the Park Commission and the Planning Commission, finds that it is in Shorewood's best interest to replace the current Trail Concept Plan with the proposed Trail Plan and incorporate the Trail Implementation Report, dated October 2011 into the Appendix Chapter of the Comprehensive Plan. -1- NOW, THEREFORE, BE IT RESOLVED, by the Shorewood City Council that the Comprehensive Plan 2009 be amended to include the Trail Plan and Trail Implementation Report, dated October 2011, subject to review and comment by the Metropolitan Council and adjoining cities. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of October, 2011. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator /Clerk -2- Trail Plan Implementation Report City of Shorewood Prepared by the Ad Hoc Trail Committee October 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 1 Covington Ct 11 11 Pt .itney Cir :hestnut Terr :hestnut Ct 9ckinley Cir Victoria Trail Connection tEaxe minnewasma) unannassen i rau Connection Chanhassen Trail Connection Chanhassen Trail Connection Minnetonka Trail Connection Trail Plan )k 0 1,000 2,000 4,000 Feet Shorewood Planning Department 10/11 — 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. 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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. 3. Enchanted Lane, Minnetrista border to Shady Island bridge. This segment may be limited to road and right -of -way improvements to enhance walking and bicycling. 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 Goon ..ovingtcn Ct Elbert Pt Vvhitney Cir Chestnut Ter' Chestnut Ct Mckinley Cir Trail Plan Priorities )k 0 1,000 2,000 4,000 Feet Shorewood Planning Department 8709/11 M Existing Trail Possible Trail © Parks /Open Space Connecting Points Priority I (3 -5 years) Priority II (5 -10 years) Priority III (10 -15 years) Priority IV (15+ years) Victoria Trail `"° ° " " " " ° °' ` " 1O1 Chanhassen Trail Chanhassen Trail Minnetonka Connection Connection Connection Connection Trail Connection IV. Draft Trail Capital Improvement Plan (Reserved for Future Use) 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- 1: (2 #1OA U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Local Trail Connections Program- Smithtown Road Meeting Date: October 3, 2011 Prepared by: Julie Moore and Twila Grout Reviewed by: Brian Heck and Jean Panchyshyn Attachments: Resolution Policy Consideration: Approving the attached resolution and authorizing staff to go forward with processing the Local Trail Connections Program Grant application for a bituminous trail along Smithtown Road from the city borders of Shorewood and Victoria to the LRT trail. Background: The Trail Committee developed a trail plan with various trails throughout the city. Staff identified a grant opportunity that provides 75% reimbursement for trail development. Staff is working on the grant application. The application requests funding to construct a bituminous trail along Smithtown Road from the Victoria border to the LRT trail. The trail committee identified this as one of the priority 1 trails targeted for completion within the next five (5) years. Approving the resolution authorizes staff to continue the application process for the grant. The application deadline is October 31. Financial or Budget Considerations: This grant would reimburse the city for 75% of the costs of the trail construction. The city would have an initial outlay of the expenditures. The city will be obligated to accept the grant if awarded. Options: 1. Apply for the Local Trail Connections Program Grant. 2. Do not apply for the Local Trail Connections Program Grant. Recommendation / Action Requested: Staff recommends submitting the grant application for the identified trail segment. Next Steps and Timelines: 1. City staff would complete the Local Trail Connections Program Grant application materials and submit them to the Minnesota Department of Natural Resources no later than October 31. 2. Grant awards will be announced in December 2011. 3. Project must be completed by June 30, 2013. 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. A RESOLUTION SUPPORTING THE GRANT APPLICATION MADE TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE LOCAL TRAIL CONNECTIONS PROGRAM WHEREAS, the City of Shorewood supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct 9500 linear feet of paved trail from Smithtown Road from the city borders of Shorewood and Victoria to the LRT trail; and WHEREAS, the City of Shorewood recognizes the twenty -five (25) percent math requirement for the Local Trail Connections Program, and has secured the matching funds, and NOW, THEREFORE, BE IT RESOLVED, if the City of Shorewood is awarded a grant by the Minnesota Department of Natural resources, the City of Shorewood agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Shorewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Shorewood names the fiscal agent for the City of Shorewood for this project as: Brian Heck City Administrator City of Shorewood 5755 Country Club Rd Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 10th day of October, 2011. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK ® #1OB MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Local Trail Connections Program Meeting Date: October 3, 2011 Prepared by: Julie Moore and Twila Grout Reviewed by: Brian Heck and Jean Panchyshyn Attachments: Resolution Policy Consideration: Approving the attached resolution and authorizing staff to go forward with processing the Local Trail Connections Program grant application for a bituminous trail along County Road 19 between the LRT trail and Smithtown Road. Background: The Trail Committee developed a trail plan with various trails throughout the city. Staff identified a grant opportunity that provides 75% reimbursement for trail development. Staff is working on the grant application. The application requests funding to construct a bituminous trail along County Road 19 from the LRT to Smithtown Road. The trail committee identified this as one of the priority 1 trails targeted for completion within the next five (5) years. Approving the resolution authorizes staff to continue the application process for the grant. The application deadline is October 31. Financial or Budget Considerations: This grant would reimburse the city for 75% of the costs of the trail construction. The city would have an initial outlay of the expenditures. The city will be obligated to accept the grant if awarded. Options: 1. Apply for the Local Trail Connections Program. 2. Do not apply for the Local Trail Connections Program. Recommendation / Action Requested: Staff recommends submitting the grant application for the identified trail segment. Next Steps and Timelines: 1. City staff would complete the Local Trail Connections Program grant application materials and submit them to the Minnesota Department of Natural Resources no later than October 31. 2. Grant awards will be announced in December 2011. 3. Project must be completed by June 30, 2013. 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. A RESOLUTION SUPPORTING THE GRANT APPLICATION MADE TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE LOCAL TRAIL CONNECTIONS PROGRAM WHEREAS, the City of Shorewood supports the grant application made to the Minnesota Department of Natural Resources for the Local Trail Connections Program. The application is to construct 1200 linear feet of paved trail from the LRT on County Road 19, Tonka Bay /Shorewood border to Smithtown Road; and WHEREAS, the City of Shorewood recognizes the twenty -five (25) percent math requirement for the Local Trail Connections Program, and has secured the matching funds, and NOW, THEREFORE, BE IT RESOLVED, if the City of Shorewood is awarded a grant by the Minnesota Department of Natural resources, the City of Shorewood agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Shorewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City Council of the City of Shorewood names the fiscal agent for the City of Shorewood for this project as: Brian Heck City Administrator City of Shorewood 5755 Country Club Rd Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL OF THE CITY SHOREWOOD this 10th day of October, 2011. CHRISTINE LIZEE, MAYOR ATTEST: BRIAN HECK, CITY ADMINISTRATOR/CLERK 1: ® # ZOC U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Amendment to the Excelsior Fire District (EFD) Joint Powers Agreement (JPA) Meeting Date: Monday, October 10, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Jean Panchyshyn, Deputy City Clerk Attachments: Letter from Chief Gerber and proposed JPA as amended. Policy Consideration: Should the Council approve an amendment to the EFD JPA changing the dates for the budget? Background: The budget timeline as currently stated in the JPA requires the Board to adopt and send to member cities the preliminary operating budget by June 15 and the capital budget by July 15. Cities then have until September 1 to take action on the proposed budgets. The current timeline proved somewhat problematic over the past couple years due to the required contribution to the EFD Relief Association. While the EFD Board needed to adopt a preliminary operating budget by June 15 that included the contribution to the Relief Association, the Relief Association does not file their final paperwork with the State Auditor until July 31. The Relief Association's filing with the State Auditor is what determines the EFD's mandatory contribution. In order to obtain a more accurate contribution, the board recommends altering the budget date for the operating and capital budget to August 10 with city approval by September 15. These dates were used for the 2012 budget process and worked well for all member cities. Financial or Budget Considerations: None Options: 1) Approve the amendment 2) Do not approve the amendment Recommendation / Action Requested: Staff recommends the council approve the amendments as recommended by the EFD Board. Next Steps and Timelines: Staff will forward the outcome of the Council's decision to the fire chief. Connection to Vision / Mission: Quality public service and sound financial management. 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 For Item #IOC Draft Resolution CITY OF SHOREWOOD RESOLUTION NO. 11 -057 A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT Whereas, the City of Shorewood is a Member of the Excelsior Fire District (EFD), which was established by a joint powers agreement (JPA) signed on August 29, 2000; and Whereas, the current JPA has a budget timeline for the EFD Board to submit a proposed budget to member cities by June 15, and this date does not allow adequate time for the EFD to include the Relief Association's mandatory contribution which is determined by July 31; and Whereas, to obtain a more accurate budget, the Board of the Excelsior Fire District has recommended approval of the Third Amendment to the Joint Powers Agreement, relating to Section 8 which will provide for the EFD Board to submit its proposed budget to member cities by August 10, and provides Member City councils to vote on the proposed budget by September 15; and Whereas, the Amendment to the Agreement will take effect only if approved by the councils of each of the five Member cities of the EFD; and Whereas, the Council of the City of Shorewood is committed to viability and success of the Excelsior Fire District, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Shorewood, that it hereby approves the Third Amendment to the Excelsior Fire District Joint Powers Agreement, and authorizes the Mayor and City Administrator to execute the Joint Powers Agreement Including 1" 2" d 3 rd Amendments. Adopted this 10th day of October, 2011. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator /Clerk Excelsior Fire District Serving the Communities of. Deephaven — Excelsior — Greenwood — Shorewood — Tonka Bay 24100 Smithtown Road Shorewood, MN. 55331 952 - 401 -8801 Phone 952 - 960 -1690 Fax Date: October 5, 2011 To: City of Deephaven City of Excelsior City of Greenwood City of Shorewood City of Tonka Bay From: Scott Gerber, Fire Chief Re: Proposed Amendments to the EFD Joint Powers Agreement At the Excelsior Fire District Board meeting on Wednesday, September 28, 2011 the Fire District Board recommend changes to the existing Joint Powers Agreement (JPA) for the Excelsior Fire District. As you are aware, any change to the existing JPA required unanimous approval of all cities involved in the Excelsior Fire District JPA. The purpose of this letter is to ask you to bring these items up for discussion and vote with your City Councils. I have included further detail below: Background The EFD Board and Operating Committee utilized a new timeline for the 2012 Capital and Operating Budget discussions. The purpose of amending the EFD Joint Powers Agreement is to make the current timeline used and the JPA reflect the same process. The proposed changes are noted in Section 8 of the JPA agreement as noted below. Capital Improvement Program and Operating Budget Section 8 Budget 8.1 Approval of Capital Improvement Program /Finance Plan. After approval of the District's annual Operating Budget covering the calendar year 2001, the Member City councils shall approve a Capital Improvement Program /Finance Plan by an affirmative vote of a two - thirds majority of the Member City councils. Any proposed amendment to the Capital Improvement Program /Finance Plan shall be approved by an affirmative vote of two - thirds majority of the Member City councils no later than ,, � September 15. The vote on the Capital Improvement Program /Financial Plan or any amendment thereto shall be binding upon all Member Cities. 8.2 Approval of District Operating Budget. The annual District Operating Budget, which shall include any outlay necessitated by the Capital Improvement Program /Financial Plan, must be approved by an affirmative vote of the majority of Member City councils. The vote on the annual District Operating Budget shall be binding upon all Member Cities. 8.3 Budget Process and Schedule. The annual District Operating Budget shall consist of the entire cost of operation of the District including the costs incurred by the District in financing the special fund of the Firefighters' Relief Association, which shall be determined pursuant to the provisions of Minnesota Statute Section 69.774. Except for the annual District Operating Budget for the calendar year 2001, the District shall submit a proposed budget to the Member Cities through their Operating Committee members by Jug 15 August 10. The Member City councils shall vote on the proposed budget by S eptember 1- September 15. For the annual District Operating Budget for the calendar year 2001, the District shall submit a proposed budget to the Member Cities through their Operating Committee members by August 1, 2000. The Member City councils shall vote on the calendar year 2001 proposed budget by September 1, 2000. Once you have acted on the proposed JPA changes, please provide me, in writing, the summary of your city council actions. Once all cities actions are complete, I will send out a follow -up letter. Please contact me with any questions or concerns. EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT Including 1 s ; 2"d fd Amendments Up to date as of November 16, 2011 THIS AGREEMENT, made and entered into this 16 day of November 2011, by and between the Cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, all of which are municipal corporations of the State of Minnesota (collectively, the "Member Cities "). WHERAS, the parties hereto are authorized by law to provide fire protection and medical response services to their residents; and WHEREAS, the parties hereto have determined that such power may be best exercised jointly by creation of the Excelsior Fire District to carry out such purposes; and WHEREAS, the parties hereto desire to enter into a joint powers agreement for the purpose of creating and implementing said District including its operation, ownership of equipment and facilities, and funding; and WHEREAS, Minnesota Statutes Section 471.59 authorizes governmental units by agreement of their governing bodies jointly and /or cooperatively to exercise any power common to the contracting parties and to provide for a joint board representing the parties to the agreement; and WHEREAS, all previous agreements, amendments or parts thereof in force at the time of execution of the Excelsior Fire District Joint Powers Agreement will be repealed and replaced; and WHEREAS, each signatory to this Agreement hereby agrees to repeal any ordinance in effect in its city that is in conflict with this Agreement, and to amend any existing ordinance or adopt a new ordinance in order to create the Excelsior Fire District; NOW THEREFORE, the parties to this Agreement mutually agree as follows: Section 1 General Purpose and Intent 1.1 General Purpose. It is the general purpose of this Agreement: a) To provide fire protection services including, but not limited to, fire prevention, fire fighting, and rescue and medical response to one community comprised of the Member Cities; and b) To establish a joint powers governance structure to deliver the services described above consistent with the provisions of this Agreement and Minn. Stat. 471.59. 1.2 General Intent. It is the general intent of the parties to this Agreement to declare the cities commitment to establish, through special legislation or other means, a special unit of government to provide fire protection and medical response services to the Excelsior Fire District and to provide the basis for a smooth transition to that special unit of government. Section 2 Organization 2.1 Establishment. There is hereby established by the execution of this Agreement the "Excelsior Fire District" (hereinafter referred to as the "District ") to be managed and operated pursuant to the terms of this Agreement. 2.2 Governance. The governing body of the District shall be the "Excelsior Fire District Board" (hereinafter referred to as the "Board "). The Board shall consist of the following members: a) Voting Members Voting Members shall include one (1) elected official of the city council of each Member City. No employee of the District or any police department serving any of the Member Cities may serve on the Board as a Voting Member. If any Member City /Cities are hereafter consolidated into a new municipal corporation, the corporation will have one (1) Voting Member representative. b) Ex- Officio (non - voting) Members The chief administrative officer (city manager, administrator, or clerk) of each Member City shall serve on the Board as a non- voting Ex- Officio Member. C) Alternate Members The city council of each Member City shall name one (1) elected official of its city council to serve as an Alternate Member in case of absence of the Voting or Ex- Officio Member. The Alternate Member shall have the authority to vote in place of (but not in addition to) the Voting Member. The Alternate Member shall not participate as a Board Member except in the absence of the council member or the Ex- Officio Member. d) Board Procedures The Board shall elect from among its Voting Members, a Chair and a Vice - Chair. The Chair shall act as the presiding officer at Board meetings and the Vice -Chair shall act as the presiding officer at any meetings not attended by the Chair. The Board shall have authority to adopt by -laws establishing its own procedures. 2.3 Compensation. Board members shall serve without compensation from the District, but nothing herein shall be construed to prevent a Member City from compensating its members for service on the Board to the extent such compensation is otherwise authorized by law. 2.4 Board Quorum. Four of the Voting Members present shall constitute a quorum for the purposes of all Board meetings, with the exception of Special Quorum Meetings, at which three Voting Members shall constitute a quorum. 2.5 Meetings, The Board shall hold regular meetings at least once each calendar quarter. The Board may also, from time to time, hold special meetings and emergency meetings. At any Board meeting attended by only three Voting Members, the three Voting Members in attendance may, by unanimous vote of all three Voting Members in attendance, call for a Special Quorum Meeting. A Special Quorum Meeting shall be achieved by the attendance of three Voting Members. All meetings of the Board are governed by the Minnesota Open Meeting Law, Minnesota Statutes Section 471.705. Notice of a Special Quorum Meeting shall be provided in compliance with the special meeting requirements of the Open Meeting Law and provided to each of the Member Cities. 2.6 Voting. Each Voting Member shall have an equal vote. Unless otherwise specified herein, the Board may take action on any issue by majority vote of all Voting Members. Voting by proxy is not allowed. 2.7 Operating Committee. The Ex- Officio Members shall comprise the Operating Committee. The Operating Committee shall meet with the Fire Chief/District Administrator on a monthly basis and report to the Board at each regular meeting. The Operating Committee shall have the authority to approve budgeted expenditures during monthly meetings. Non - budgeted expenditures must be approved by the Board. A list of bills shall be provided to each member of the Operating Committee on a monthly basis. 2.8 District Office. The address of the District shall be 24100 Smithtown Road, Shorewood, Minnesota 55331. (This address maybe changed by the Board.) 2.9 Fiscal Agent. The City of Excelsior shall act as the initial fiscal agent for the District. The fiscal agent shall be compensated by the District at a rate mutually agreed upon by the fiscal agent and the Board. The Board may change the fiscal agent as it deems necessary from time to time. The District shall indemnify and hold the fiscal agent harmless from any claims, causes of action, or liability arising out of actions it takes in performing duties under this section except for claims, causes of action or liability arising out of the negligent or intentional acts of the fiscal agent in performing its duties under this paragraph. 2.10 Default. No Board member shall be eligible to vote on behalf of the Member City he or she represents during such time as that Member City is in Default of the terms or provisions of this Agreement. During the time that a Member City is in Default, that Member City's seat on the Board shall not be counted for purposes of calculating a quorum or a prevailing vote. For the purposes of this Agreement, "Default" shall mean any breach of the terms of this Agreement or failure to comply with any of the provisions herein. A Member City shall not be considered in Default until it has been notified in writing by the District and has had twenty (20) business days from the date it received the notice to cure its Default . A Member City shall thereafter remain in Default until it has cured the Default. Section 3 General Powers of the Board 3.1 Powers. The Board shall have and is hereby given all powers, duties and functions enumerated in this Agreement and provided by law, and all such further powers necessary to carry out the intent and purpose of the District with respect to acquisition of property and operation of the District heretofore set forth, including but not limited to the following: a) To employ and determine the terms of employment of fire protection, administrative, and other personnel, accountants, engineers, legal counsel, and other qualified personnel, except as provided in this Agreement. b) To cause reports, plans, studies, and recommendations to be prepared. C) To purchase capital equipment and land, and to cause the construction of buildings to implement the purposes of the District. d) To lease or purchase equipment (including capital equipment) and supplies necessary for the proper operation, care, maintenance, and preservation of District facilities and equipment. e) To adopt District bylaws, rules and regulations for the operation, maintenance and use of District fire protection services, equipment, and facilities. f) To enter into mutual aid agreements with other organizations with similar purposes. g) To dispose of capital equipment and land consistent with the terms of this Agreement. h) To sell or lease any of its equipment (including capital equipment) as may be deemed expedient. i) To establish a yearly operating budget for District services and a capital improvement program/finance plan (including an equipment replacement schedule) of not less than ten years' duration, which shall require approval consistent with the terms of this Agreement. j) To act as agent for receipt, custody, and disbursement of funds, gifts, or other funds paid or given by the Member Cities on behalf of or for the use of the District. k) As may be authorized by State law, to act as paying agent for any bonds, contract of indebtedness, and loans made in the names of the Member Cities for the benefit of the District, and act as a custodian of sinking funds created for or required by such indebtedness. 1) To cause an annual independent audit to be made of all its accounts, books, vouchers, and funds. m) To promulgate, establish, and adopt suitable bylaws governing operations of the Board. n) To continue a Firefighters' Relief Association for the benefit of members of the District and to make such contribution to the fund of the Firefighters' Relief Association as the Board deems appropriate. o) To contract to provide fire protection and medical response services. 3.2 Disbursements. Except as otherwise provided, all unanticipated disbursements of the District shall be approved by the Board and co- signed by two officials designated by the Board. Section 4 Fire Equipment, Land, Buildings, and Funds 4.1 Disposition of Equipment to the Excelsior Fire District. Effective January 1, 2001, all equipment and personal property of the City of Excelsior Fire Department used to provide fire protection services included on the attached Schedule A (the "Leased Equipment ") shall be leased to the District pursuant to the terms of an Equipment Lease agreement (the "Equipment Lease Agreement "), for One Dollar ($1.00), for a term ending upon the dissolution of the District (which would include the creation of a Fire Services Taxing District) or the expiration of a term of five (5) years. In the event that the District is dissolved before the expiration of the five -year lease term, the Equipment Lease Agreement shall be voided, and the Leased Equipment returned to the City of Excelsior. In the event that the District is not dissolved during the five -year lease term, title to the Leased Equipment shall be transferred to the District. All expenses relating to the maintenance and repair of the Leased Equipment and incurred during the lease term and thereafter shall be an operating expense of the District. The District shall have the right to sell the Leased Equipment pursuant to the terms of the Equipment Lease Agreement. The District shall fully document each such sale and retain all records relating to such sale. 4.2 Reimbursement to City of Excelsior Upon Dissolution. In the event of the dissolution of the District at any time during the first five years of District operation (which five -year period shall begin on January 1, 2001), the City of Excelsior shall receive from the District: • One hundred percent (100 %) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2001; • Eighty percent (80 %) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2002; • Sixty percent (60 %) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2003; • Forty percent (40 %) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2004; and • Twenty percent (20 %) of the value listed on Schedule A for any Leased Equipment sold during calendar year 2005. Any sum distributed to the City of Excelsior pursuant to this Section shall be in addition to any distribution owed to the City of Excelsior pursuant to Section 12 of this Agreement. Section 4.2 shall not apply in the event that the District is dissolved for the sole purpose of the establishment by the Member Cities of a Fire Services Taxing District. 4.3 Existing Land and Building. The Fire Station used by the Excelsior Fire Department prior to this Agreement shall, beginning on January 1, 2001, become the initial Fire Station for the District. Ownership of the existing building and land for the Fire Station will remain with the City of Excelsior. The District shall pay the City of Excelsior a fair market rent for the space used for the Fire Station pursuant to a lease through at least June 30, 2003 unless the District is dissolved prior to that time in which case any obligations to pay rent or provide space shall cease. This rent shall be included in the budget of the District, and all Member Cities will contribute to it in their funding allocations. Any and all leasehold improvements to the existing building and land for the Fire Station shall remain the property of the City of Excelsior, and no compensation shall be paid to the District for such leasehold improvements when and if the District vacates the existing Fire Station. In the event that District and the City of Excelsior cannot agree on the fair market rent for the space used for the Fire Station, either the City or the District may initiate an appraisal process by submitting written notice to the other party. Within thirty (30) days after the notice of the appraisal process has been issued, the City and the District shall appoint appraisers who shall, in turn, select a third appraiser to determine the fair market rent for the space used for the Fire Station. The appraisers selected by the City and the District shall produce reports with whatever supporting documentation they each see fit to provide and submit said appraisal reports to the third appraiser within sixty (60) days after the notice of the appraisal process has been issued. The third appraiser shall review the reports provided by the appraisers for the City and the District and, if he or she determines it to be necessary, additional information relevant to determining the fair market rent for the space to be used for the Fire Station. The third appraiser shall issue his or her decision within thirty (30) days after receiving the reports of the City's and District's appraisers. The third appraiser's decision shall be final and binding on both the District and the City. The District and the City shall be responsible for the cost of the appraisers they appoint and shall equally divide the cost of the third appraiser. 4.4 Transfer of Excelsior Fire Department Funds. The funds remaining in the City of Excelsior Fire Department Funds (specifically, fund numbers 230 -31, 233 -35, and 240) on December 31, 2000 shall be transferred to the District on January 1 2001. 4.5 New Land and Buildinds). For any expansion that may occur at the existing fire station site, the land shall be under the ownership of the City of Excelsior. All new buildings and lands may be owned and, to the extent permitted by law, financed by the District. The District may lease buildings and lands, including those that may be owned by any of the Member Cities. 4.6 Purchase of Equipment. Purchase of equipment by the District must be done in accordance with a capital equipment plan, which must include all physical items whose costs are anticipated to exceed $10,000, approved by the Board. To the extent allowed by law, the District may use debt instruments to make such purchases. 4.7 Use of Equipment Outside District Boundaries. All equipment controlled by the District shall be used when needed within the boundaries of the District for the benefit of Member Cities. It should not be used outside the District, except as follows: a) In areas outside the District, where fire emergencies may endanger life or property within the District. b) When use is covered by contracts duly entered into by the District for fire protection or other services outside the District. c) When necessary to fulfill mutual aid agreements duly entered into by the Board. d) In case of major emergency or disaster, when authorized by the Fire Chief/District Administrator, or in his /her absence, the officer in charge. Such use shall be reported as soon as possible to the Fire Chief/District Administrator. e) When specifically authorized by the Board. Section 5 Personnel and Administration 5.1 Fire Chief/District Administrator. The Fire Chief/District Administrator shall be responsible to the Board for the efficient and economical operation of the District; the hiring, termination, supervision, discipline and the direction of the District personnel; the establishment of rules of conduct for those personnel; and carrying out the policies and procedures adopted by the Board. The Fire Chief/District Administrator is appointed by the Board and serves at the pleasure of the Board. The Fire Chief/District Administrator is a full time employee of the District and may enter into an employment contract with the Board. The Fire Chief/District Administrator shall be chosen by the Board solely on the basis of training, experience, administrative, and other qualification. The Fire Chief/District Administrator shall be appointed for an indefinite period of time and may be removed by the Board at any time. The Fire Chief/District Administrator need not be a "member" of the Excelsior Fire District. Should the Board determine that there should exist separate Fire Chief and District Administrator positions, only the District Administrator shall be the full -time paid position. If the District has not selected a Fire Chief/District Administrator, the individual serving as Fire Chief of the Excelsior Fire Department on December 31, 2000 shall serve as the District's Interim Fire Chief until such time as the Board selects a Fire Chief/District Administrator. 5.2 Fire Marshal. The District may have a position of Fire Marshal, who shall be appointed by the Fire Chief/District Administrator solely on the basis of training, experience, and administrative, and other qualifications. The Fire Marshal's responsibilities will be to enforce the Minnesota State Fire Code and perform other duties that may be assigned by the Fire Chief/District Administrator. The Fire Marshal need not be a "member" of the Excelsior Fire District. Fire Marshal responsibilities may be performed by a contractor who is not an employee of the District; however, the Fire Marshal under the employ of the City of Excelsior on December 31, 2000 shall automatically be appointed as the District's first Fire Marshal with continuation of his /her status as a regular employee including continuation of salary, benefits, accrued leave, and other customary issues of employment. The first Fire Marshal and all subsequent persons filling that position shall serve at the pleasure of the Fire Chief/District Administrator. 5.3 District Positions. The Board may, from time to time, establish, eliminate or reconstitute other employee positions as it deems to be appropriate. 5.4 Training, The District shall at all times be in compliance with such equipment, personnel and training standards as may be required by the laws of the State of Minnesota and the Federal Government. 5.5 Employees. On January 1, 2001, the personnel of the Excelsior Fire Department become employees of the District. If it has not done so prior to January 1, 2001, the District must promptly thereafter adopt rules and regulations governing the operation, management, departmental structure, personnel administration and other similar matters related to the District and its personnel and operation. Until such rules and regulations have been adopted, the rules, regulations and ordinances of Member City where the personnel were previously employed apply to the personnel of the District. The District shall hold Member Cities harmless and shall defend and indemnify the Member Cities for any claims, suits, demands or causes of action for any damages or injuries asserted against Member Cities based on allegations of wrongful, tortious or illegal conduct on the part of the personnel of the Excelsior Fire Department or the District. 5.6 Compensation of Employees. The compensation of the employees of the District shall be set by the Board. 5.7 Membership in Firefighters' Relief Association. Paid on -call employees of the District shall be eligible for membership in the Excelsior Firefighters' Relief Association. Other employees are members of the appropriate public employees' retirement fund, if eligible. 5.7.1 Continuation of Prior Policies, Plans, and Procedures. All Excelsior Fire Department policies, planes, procedure, and by -laws not superseded by this Agreement, in place on January 1, 2002, shall remain in effect until changed by the Board. The terms and provisions of this Agreement shall supersede any conflicting Excelsior Fire Department policies, plans, procedures, and by -laws in place at the time of the effective date of this Agreement. Section 6 Uniform Fire Codes 6.1 Adoption of Minnesota State Fire Code. All Member Cities agree to adopt the most current Minnesota State Fire Code including Minnesota State Building Code, Chapter 1306 and authorize the District to enforce said Minnesota State Fire Code in their cities within ninety (90) days of execution of this Agreement. Any city not so adopting shall be considered in default of this Agreement as defined in Section 2.10 unless said City agrees to indemnify and hold all other cities and the District harmless with regard to any possible circumstance or consequence. All Member Cities further agree that they will approve amendments to their City Codes of Ordinances adopting any updates or revisions to the Minnesota State Fire Code within sixty (60) days of receiving notice from the District that the Minnesota State Fire Code has been amended. Section 7 Funding 7.1 Member Contributions. Each city shall contribute an allocated share ( "Member Contribution ") of the total operating budget (capital and operating expenses) to the District as established by the Board. The share allocated to each Member City shall be based upon that Member City's percentage of the: 1. total tax capacity for the District as of June 30 of the prior year; 2. assessor's estimated market value for property within the District as of June 30 the prior year; 3. population of the District based upon the most recent Metropolitan Council estimates of population within each Member City as of June 30 of the prior year; 4. total number of tax parcels within the District as of June 30 of the prior year; and 5. total number of calls made by the District over the previous three (3) calendar years prior to the immediately preceding year except that the calls made to 225 Mill Street in Excelsior don not count for purposed of this formula. Initially, the allocations shall be made by adding each of the percentage identified above and dividing by five. Over time, the allocations will transition to a purely tax capacity based formula on the following schedule: Tax Capacity Other 4 Factors* Weight in Formula Weight in Formula 2001 20% 80% 2002 20% 80% 2003 30% 70% 2004 40% 60% 2005 50% 50% 2006 60% 40% 2007 70% 30% 2008 80% 20% 2009 90% 10% 2010 100% 0% *Each of the four factors would be equally weighted within their collective percentage of the formula. An illustration of the manner in which the formula will be applied is attached as Schedule B. 7.2 Quarterly Payment. The District shall bill each of the Member Cities on a quarterly basis at least thirty (30) days before payments are due. Beginning January 1, 2008, Member Cities shall forward their contributions to the District on a quarterly basis, with such contributions being due and payable no later than: First Quarter: January 15 Second Quarter: April 15 Third Quarter: July 15 Fourth Quarter: October 15 In the event that a Member City fails to pay any contribution required hereunder on the date due, such Member City agrees to pay a late charge of on -half percent (0.5 %) of the delinquent amount to defray the costs of the District incident to collecting such late payment. Member Cities further agree to pay additional penalties of one -half percent (0.5 %) per day after Default until payment is made. This provision shall not be deemed to excuse a late payment or be deemed a waiver of any other rights the District may have. Section 8 Budget 8.1 Approval of Capital Improvement Program/Finance Plan. After approval of the District's annual Operating Budget covering the calendar year 2001, the Member City councils shall approve a Capital Improvement Program/Finance Plan by an affirmative vote of a two - thirds majority of the Member City councils. Any proposed amendment to the Capital Improvement Program/Finance Plan shall be approved by an affirmative vote of two - thirds majority of the Member City councils no later than Ju ly 1 September 15. The vote on the Capital Improvement Program/Financial Plan or any amendment thereto shall be binding upon all Member Cities. 8.2 Approval of District Operating Budget. The annual District Operating Budget, which shall include any outlay necessitated by the Capital Improvement Program/Financial Plan, must be approved by an affirmative vote of the majority of Member City councils. The vote on the annual District Operating Budget shall be binding upon all Member Cities. 8.3 Budget Process and Schedule. The annual District Operating Budget shall consist of the entire cost of operation of the District including the costs incurred by the District in financing the special fund of the Firefighters' Relief Association, which shall be determined pursuant to the provisions of Minnesota Statute Section 69.774. Except for the annual District Operating Budget for the calendar year 2001, the District shall submit a proposed budget to the Member Cities through their Operating Committee members by Jidne 1 August 10. The Member City councils shall vote on the proposed budget by Se of September 15. For the annual District Operating Budget for the calendar year 2001, the District shall submit a proposed budget to the Member Cities through their Operating Committee members by August 1, 2000. The Member City councils shall vote on the calendar year 2001 proposed budget by September 1, 2000. 8.4 Base Budget. If the Member Cities are unable to agree on the proposed budget, the amount of the previous year's budget will be increased by the lesser of the following: a.) The increase in the July Minneapolis /St. Paul Consumer Price Index for All Urban Consumers (CPI -U) over the previous twelve month period; or b.) The percentage increase in the most restrictive statutory levy limit applicable to the budget year placed on any of the Member Cities over the levy limit for that Member City for the prior year. c.) In the event that (a) or (b) decreases, the operating budget shall remain the same. If the Member Cities are unable to agree on the proposed budget for the calendar year 2001, the Excelsior Fire Department budget for calendar year 2000 shall be increased by the lesser of the items a.) — c.), above. 8.5 Budget Reports. Beginning January 1, 2001, the District agrees to submit to each of the Member Cities through its Operating Committee member a quarterly budget report. Furthermore, the District agrees to submit to each of the Member Cities through their Operating Committee members a copy of the District's annual financial report no later than June 15 of each year. Section 9 Dispute Resolution 9.1 Dispute Resolution Process. Except as provided in section 4.3, when any Member City believes that there is a misrepresentation or a violation of the specific terms and conditions of this Agreement, that Member City may initiate the dispute resolution process by submitting to the District and each Member City a written statement outlining the dispute or disagreement. This written statement of dispute shall be forwarded by the complaining Member City to the Board at the Board's next scheduled meeting. The Board will then have a three (3) month period to resolve the dispute as to interpretation of application of the terms of this Agreement. If the dispute is not resolved within the three (3) month period, the dispute shall be forwarded by the Board to an appropriate meditation service. The Board may independently call for dispute resolution of any issue, by majority vote of its Voting Members. 9.2 Judicial Relief. If the aggrieved Member City and the Board cannot mutually agree to a resolution through the mediation process as described in Section 9.1 within ninety (90) days after the initiation of the mediation process, either the aggrieved Member City or the Board may submit the issue to arbitration pursuant to the Uniform Arbitration Act. Section 10 Withdrawal 10.1 Notice. Notice of intent to withdraw from participation in the District may be given only in March of odd - numbered years, with a minimum of 33 months' notice of intent to withdraw. 10.2 Continuing Obligations After Withdrawal. The withdrawing Member City shall pay an amount equal to 500% of the amount allocated to it during the year of its notice of intent to withdraw. The withdrawing Member City may make this payment during the five years succeeding its leaving the District, but in no year shall the amount paid be less than one -fifth of the 500% amount. 10.3 Vesting. Any party withdrawing from the Agreement shall have no vested rights or ownership in any of the property or assets of the District. 10.4 Not Applicable if Dissolved. This Section shall not apply if the District has been dissolved pursuant to Section 11 of this Agreement. Section 11 Duration and Dissolution of District 11.1 Duration. Unless dissolved pursuant to this Agreement, the duration of the District shall be perpetual. 11.2 Dissolution. The District shall be dissolved upon the affirmative vote of a two - thirds majority of the Member City councils. Dissolution shall occur at the end of the second full calendar year after the date of the agreement to dissolve, unless this joint powers entity is reestablished as a special unit of government. Dissolution shall also occur if (1) the District does not adopt and the Member City councils do not approve a Capital Improvement Program/Finance Plan by July 1, 2003, that includes funding for construction of a new station(s) and /or the renovation of the existing fire station; the location(s) of a new fire station(s) for which shall be determined based upon among other things, improving the existing fire response times to Member Cities; and the plan and budget for the station(s) has been determined by the Board and recommended to the Member City councils as what is necessary to provide the best service for the District based upon a disinterested, professional feasibility study; or (2) said renovation or construction does not begin by June 30, 2004. Dissolution under the terms in (1) above shall occur on December 31, 2003. Dissolution under the terms in (2) above shall occur on December 31, 2004. Section 12 Distribution of Assets Upon Dissolution 12.1 Upon dissolution, the assets of the District shall be liquidated according to State Law. All cash from the liquidation of assets shall be distributed to the vested Member Cities based upon their share in the funding allocation in effect on the date of the agreement to dissolve except as provided in Section 4 of this Agreement. Section 13 Counterparts 13.1 This Agreement may be executed in several counterparts and all so executed shall constitute one and the same agreement and instrument, binding on all of the parties hereto. Section 14 Additional Members 14.1 Process. A municipality shall be added to the District only upon receiving the approval of each existing Member City. 14.2 Equipment. Municipalities added to this agreement shall not be compensated for equipment donated to the District. 14.3 Budget. The budget as established in Section 8 of this Agreement may be adjusted to reflect the addition of member(s) to the District should such member(s) be added. 14.4 Vesting. A new member must be party to this Agreement ten (10) years in order to have a vested interest in the assets of the District for the purposes of Section 12.1. 14.5 Adiustment of Membership. If any Member City /Cities consolidate with another Member City /Cities (i.e. merge to form a single new municipal corporation) the consolidated municipal corporation shall automatically become a single Member City party to this Agreement. Section 15 Amendment of Agreement 15.1 Required Approval. This Agreement may be amended by identical resolutions adopted by the city council of every Member City. Such resolutions must be filed together with the Board. 15.2 Submittal /Consideration /Action Process. The Board or any Member City may propose amendments to this Agreement. Such amendments shall be in the form of a Board or city council resolution, and shall clearly identify the proposed amendment and the reason(s) for the amendment. Any such proposed amendment shall be presented to the Board. The Board shall review the proposed amendment and issue a report on it to the Member Cities within ninety (90) days of proposal of the amendment. Member Cities shall have ninety (90) days after the Board issues its report in which to adopt city council resolutions as identified in Section 15.1. Section 16 Allocation of Resources The parties to this Agreement recognize the possibility that occasions will arise on which demand for the services outlined in the Agreement will exceed the resources available for provision of such services. In such circumstances, District officials use their best judgement to prioritize the delivery of services. The parties hereby agree that District shall have complete and definitive discretion in prioritizing the delivery of services pursuant to this Agreement. Section 17 Effective Date Except as otherwise provided herein, this Agreement is effective on September 1, 2000 provided that executed copies of this Agreement, accompanied by a resolution of the city council of each Member City authorizing approval of this Agreement, are filed with the city clerk of the City of Excelsior. Section 18 Notices Any notice to the District required or permitted to be given under this Agreement shall be given in writing, and shall be sent by certified mail to the registered address of the District. Notice to each Member City shall be given in writing via U.S. Mail or fax to the address of the Voting Member and the City Clerk for that City. Section 19 Choice of Law The provisions of this Agreement shall be construed in accordance with the laws of the State of Minnesota. Section 20 Headings and Captions The headings and captions of this paragraphs and Sections of this Agreement are included for convenience or reference only and shall not constitute a part thereof. Section 21 Entire Agreement This Agreement contains the entire understanding between the Member Cities and the District concerning the subject matter hereof, and the provisions applicable thereto cannot be amended, altered, enlarged, supplemented, abridged, modified, extended, or waived except if done in accordance with the provisions of Section 15 of this Agreement. Section 22 Limitation of Liability — District 22.1 Each Member City shall hold the District harmless and will defend and indemnify the District for any claims, suits, demands or causes of action for any damages or injuries based on allegations or negligence or omissions by employees, officers, or agents of that Member City. This provision does not apply to actions taken by employees, agents, or officers of Member Cities to the extent that they are acting as Board Members (Voting, Alternate, or ex officio) of the District. 22.2 The District shall hold its Board Members (Voting, Alternate, or officio), the Member Cities, their City Council Members, employees, and other agents harmless and will defend and indemnify the Board Members (Voting, Alternate, or officio), Member Cities, their City Council Members, employees, and agents for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by employees, officers, or agents of the District. The District's duty to indemnify will be limited to its applicable insurance coverage. Section 23 Limitation of Liability — Member Cities The District shall hold the Member Cities harmless, individually and collectively, and will defend and indemnify the Member Cities for any claims, suits, demands or causes of action for any damages or injuries, arising prior to the establishment of the District, based on allegations or negligence or omissions by employees, officers, or agents of any of the Member Cities arising out of the provision of fire protection services (or the failure to provide such services) including, but not limited to, fire prevention, fire fighting, and rescue and medical response services. IN WITNESS WHEREOF, the undersigned governmental units have caused this Agreement to be executed by their duly authorized officers. CITY OF DEEPHAVEN CITY OF EXCELSIOR By Its Mayor Date: 201 ATTEST: By Its Mayor Date: , 201 ATTEST: City Administrator CITY OF GREENWOOD By Its Mayor Date: 201 ATTEST: City Administrator CITY OF TONKA BAY By Its Mayor Date: 201 ATTEST: City Manager CITY OF SHOREWOOD By Its Mayor Date: , 201 ATTEST: City Clerk City Clerk 1: (2 #10D U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales — Ordinance Amendment Meeting Date: October 10, 2011 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Brian Heck, City Administrator; Brad Nielsen, Planning Director Attachments: Draft Ordinance Background: At its meeting on June 27, 2011, Council reviewed several of the city's licenses and permits. One of those was the license for Transient Merchants, Solicitors, Peddlers and Canvassers. It was determined that more information was needed for this license review. License Fees and Requirements: The city currently charges $50 /person for an annual solicitor's license. There is no fee for canvassers, providing they show proof of being registered as a non - profit organization with the Secretary of State. They may canvass for funds door -to -door on behalf of a charitable, religious or non - profit organization. Police background checks are conducted on solicitors and canvassers. The applicant must complete the license application which includes their name and /or company name or organization, local address and phone, a description of what the person /organization is selling or the canvassing purpose, the length of time the applicant intends to do business in the city, vehicle description, photo id, and name, address and other information about each person within the company that is applying for a license. Staff contacted neighboring South Lake cities about their license requirements. All of the cities, except Tonka Bay, require a license. The City of Excelsior's fee is $120 /person for a 30 -day license. Greenwood, Woodland and Deephaven charge $50 /person for a 14 -day license. Those fees include conducting a police background check. They do not charge a fee for canvassers. Number of License Requests - Canvassing: The city usually receives a request or two each year for Canvassing licenses from organizations such as the Fund for Public Interest Research and Clean Water Action Alliance. There are anywhere from 6 -12 individual canvassers requesting a license for the organization. There have been occasions when the police background check of a canvasser is unfavorable, and that individual has not been issued a license. Solicitors: Requests for Solicitor's licenses has declined over the past few years to one or two a year. In the past, the city has received requests from individuals for products and services such as Edward Jones investments, magazine sales, educational books, home maintenance and improvement, aerial photos, and dry cleaning services. Garage Sales — Garage, rummage and craft sales are exempt from the license requirements provided there are no more than four sales in a 12 -month period, and for no more than three consecutive days during the hours of 8:00 am -10:00 pm; church sales have additional exclusions. Ordinance Amendment Recommendations: Staff has reviewed the current ordinance and is recommending the city continue to license Transient Merchants, Solicitors, Peddlers and Canvassers. Staff is also recommending the following changes to the ordinance: 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 1) Adding "community center and school" as a Garage Sale location. The Southshore Community Center has held an annual community garage sale for the past several years and this sale is similar to a church sale. 2) Offering the option of taking the applicant's photo at city hall. There have been times when it has been difficult to get a photo of the applicant, as the city code requires. Staff would insert the applicant's photo on the city- issued license. This could be the final step of the license process so that the license would be issued at the time the applicant comes into the city to have his /her photo taken, if they have not submitted a photo. 3) Some cities have a restriction on the amount of time the license is valid, such as a 30 -day period. The city's ordinance is for an annual license. Staff is suggesting the license be valid for the amount of time the applicant states on his /her application, not to exceed the calendar year or part thereof. This would accommodate those solicitors and canvassers who are in the area for a short amount of time, as well as those who work in the area (such as Edward Jones) and wish to obtain an annual license. 4) Staff is recommending the fee be increased from $50 /person to $100 /person, due to the amount of staff time needed to process the application and prepare the license. It is also recommended that none of the fee be refunded should an unsatisfactory background investigation result in denial of the license. 5) Other edits are minor items to clean -up language in the ordinance. The complete Ordinance outlining the proposed changes is provided for council review (Attachment 1), as well as a Draft Ordinance outlining the changes for approval (Attachment 2) and a Draft Ordinance amending the Transient Merchant, Peddler, Solicitor license fee (Attachment 3). Options: 1) Adopt the Ordinance Amending Chapter 308, and the Ordinance Amending the Transient Merchant, Peddler, Solicitor license fee as provided. 2) Direct staff to bring the Ordinance, with further recommended edits, to a future Council meeting for consideration of approval. Recommendation / Action Requested: Review and approval of the Ordinance as provided. Next Steps and Timelines: Upon approval, the Ordinance will be published in the upcoming legal papers. CHAPTER 308 Section 308.01 Scope and purpose 308.02 Definitions 308.03 License required 308.04 Exclusions 308.05 No fee for canvassing, religious, political, educational and charitable organizations 308.06 License application 308.07 Issuance of license 308.08 License fee and licensure 308.09 Revocation 308.10 Appeal 308.11 License limitations 308.12 Peddlers, transient merchants, canvassers and solicitors may be prohibited by placard 308.13 Regulations, transient merchants 308.01 SCOPE AND PURPOSE. The purpose of this chapter is to prevent fraud, and criminal activity, such as burglary, theft and assault, and to protect the privacy of residents in their homes by requiring commercial hawkef -s , solicitors peddlers, and transient merchants, and canvassers to be licensed and to impose restrictions on their operations within the city that are narrowly tailored to address the risks these operations pose to the public health, safety and welfare. It is not the purpose of this chapter to burden interstate commerce or interfere with constitutionally - protected rights under the First Amendment of the United States Constitution or Art. 1, Section 3 of the Minnesota Constitution. (1987 Code, § 308.01) (Ord. 265, passed 1 -25 -1993) 308.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 308 -1 308.02 Shorewood - Business Regulations 308.03 CANVASSER. Any person canvassing for funds door -to -door in this city on behalf of a charitable, religious or nonprofit organization as defined in IRS Code § 501(c)(3). GARAGE SALES. Any isolated or occasional display and sale of used personal property or home - crafted items conducted on residential premises by the occupant of the residential property or the display and sale of the items or seasonal goods or merchandise on the premises of a community center, school or church. GARAGE SALES shall include rummage sales, basement sales, yard sales, porch sales, craft sales and all other periodic sales at a residential location, community center, school or church. PEDDLER. Any person dealing in this city who travels around from place to place or street to street carrying or transporting goods or solicitation for all manner of wares, services and merchandise, offering the same for sale or making sales and delivering articles to purchasers. SOLICITOR. Any person who goes from place to place and /or house to house soliciting or taking or attempting to take orders for the purchase of any foods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future or orders for the performance of a service in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. TRANSIENT MERCHANT. Any person, individual, partnership or corporation, whether principal, employee or agent, who engages in, does or transacts any temporary or transient business in this city, either in one locality or traveling from place to place in this city selling goods, wares and merchandise; and who, for the purposes of carrying on the business, hires, leases, occupies or uses a building, structure, vehicle, property or other place for the exhibition and sale of the goods, wares and merchandise. (1987 Code, § 308.02) (Ord. 265, passed 1 -25 -1993; Ord. 341, passed 9 -14 -1998) 308.03 LICENSE REQUIRED. Subd. 1. It shall be unlawful for any person to engage in the activities of peddling, soliciting, canvassing or transient selling without first having obtained a license in compliance with the provisions of this chapter. Subd. 2. A separate license shall be secured for each individual person engaged as a peddler, solicitor, canvasser or transient merchant. Subd. 3. Where provisions of this chapter are more or less restrictive than comparable provisions within any other portion of this code, rules or regulations of the city, the more restrictive provision, rule or regulation shall prevail. The City Administrator /Clerk shall determine which is more restrictive and appeals from the determination may be made in the manner provided herein. (1987 Code, § 308.03) (Ord. 265, passed 1 -25 -1993) Penalty, see § 104.01 1: J 308.04 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 308.04 308.04 EXCLUSIONS. Certain businesses may be exempt from the requirements of this chapter. Specific exclusions include: Subd. 1. Business by appointment. A solicitor or canvasser doing business by appointment. A bona fide appointment is one made in advance, not one that is not merely obtained by going door -to -door in conjunction with the taking of orders, offering for sale or selling; Subd. 2. Sales to stores and %r professionals. Salespersons selling goods to retain or wholesale stores or to professional or industrial establishments; Subd. 3. Garage, rummage and craft sales. Garage sales, rummage sales and craft sales, provided that: a. None of the items offered for sale shall have been obtained for resale or received on consignment for sale, except for the display and sale of seasonal goods and merchandise on the premises of a community center, school or church; b. Any sale shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale; c. There shall be no more than four garage sales conducted at any one residence during any period of 12 calendar months; d. No garage or rummage sale shall be conducted during any part of more than three consecutive days, except that the display and sale of seasonal goods and merchandise on the premises of a community center, school or church shall not exceed 30 consecutive days; e. No garage sale may be conducted before 8:00 a.m. or after 10:00 p.m.; f. Signage is limited to one nonilluminated temporary sign, not exceeding six square feet in area, advertising the garage sale, for which a sign permit is not required. The sign may be displayed for the duration of the sale only; g. The display or sale of seasonal goods or merchandise on the premises of a community center, school, or church shall not take up required parking as provided for in § 1201.03, subdivision 5 of this code and shall comply with setback requirements for the zoning district in which the property is located. (1987 Code, § 308.04) (Ord. 265, passed 1 -25 -1993; Ord. 316, passed 11 -25 -1996; Ord. 341, passed 9 -14 -1998) 308 -3 308.05 Shorewood - Business Regulations 308.06 308.05 NO FEE FOR CANVASSING, RELIGIOUS, POLITICAL, EDUCATIONAL AND CHARITABLE ORGANIZATIONS. The fee imposed by this chapter does not apply to any organization, society, association or corporation if the organization is registered with the Secretary of State pursuant to the provisions of M.S. § 309.515 if the organization intends to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or intends to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of the organizations upon the streets, in office or business buildings, by house to house canvass or in public places. To qualify for this exemption, the organization or individual shall provide a sworn application in writing on a form furnished by the city which shall include the following information: Subd. 1. Naives and addresses of the officers and /or directors of the organization; Subd. 2. Name and purpose of the cause for which the license is sought; Subd. 3. The period during which the canvassing °tee is to be conducted; Subd. 4. A complete list of those to do canvassing from tside the S T a k e Mi P -e S r,epaFtment are giving full name, address and date of birth for background review and permit approval by the Police Department. (1987 Code, § 308.05) (Ord. 265, passed 1 -25 -1993) 308.06 LICENSE APPLICATION. Subd. 1. The application for the license provided in this section should be made to the City Administrator /Clerk by filing the annual license fee and by completing an application form or forms as provided by the City Administrator /Clerk. Subd. 2. The application shall include, in addition to the information as the City Administrator /Clerk may require: a. Name of the applicant and all persons associated in business in the city; b. Permanent home address and full local address of the applicant and permanent and local telephone numbers of applicant; c. A brief written description of the nature of the business, goods to be sold and the applicant's method of operation; d. If employed, the name and address of the employer, together with credentials establishing the exact relationship; 308.06 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 308.07 e. The length of time which the applicant intends to do business in the city, with the approximate dates; f. The location where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where the goods or products are located at the time the application is filed and the proposed method of delivery; g. A photograph of the applicant. The applicant must submit a photo taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishable manner; or, the applicant must come into the city office to have his /her photo taken for the license. h. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature, place and date of the offense and the punishment or penalty assessed therefore; If a vehicle is to be used, a description of the same, together with license number or other means of identification; j. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by the applicant, the invoice value and quality of the goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale or by taking orders for future delivery; k. Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. (1987 Code, § 308.06) (Ord. 265, passed 1 -25 -1993) 308.07 ISSUANCE OF LICENSE. Subd. 1. There may be a seven day waiting period between the application and issuance of the license, during which period the City Administrator /Clerk and Police Chief or designated employee shall make the investigation of the applicant's business moral character as he or she shall deem necessary for the protection of the public good. The license may be issued by the City Administrator /Clerk when the foregoing investigation is completed or within seven days of application, whichever is earlier. Subd. 2. The issuance of the license shall be denied if the applicant has been convicted of a felony, a misdemeanor involving moral turpitude or a violation of M.S. Chapter 329 or of this chapter. (1987 Code, § 308.07) (Ord. 265, passed 1 -25 -1993) 308 -5 308.08 Shorewood - Business Regulations 308.10 308.08 LICENSE FEE AND LICENSURE. The antmal license fee for engaging in a transient business, peddling or soliciting shall be established by ordinance by the City Council, from time to time, and shall be payable at the time of application for a license. A license, unless revoked, is for the length of time and dates noted on the application, not to exceed the calendar year or part thereof for which it has been issued. License fees may not be prorated. Upon denial of any 'ieation for a zieen�eeity shall 5o°� of the annu fee p f fi (1987 Code, § 308.08) (Ord. 265, passed 1 -25 -1993) 308.09 REVOCATION. Subd. 1. Permits and licenses issued under the provisions of this chapter may be revoked by the City Administrator /Clerk for any of the following causes: a. Fraud, misrepresentation or false statement contained in the application for license; b. Fraud, misrepresentation or false statement made in the course of carrying on his or her business; c. Any violation of this chapter; d. Conviction of any felony or of a misdemeanor involving moral turpitude; e. Conducting the business licensed in an unlawful manner or in a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. Subd. 2. Any license may be revoked without notice if in the opinion of the City Administrator /Clerk or the Police Chief the good order of the city requires action. (1987 Code, § 308.09) (Ord. 265, passed 1 -25 -1993) 308.10 APPEAL. Any person aggrieved by the action of the city or any person whose license has been revoked without notice may appeal to the City Council by filing, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for appeal. The Council shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the person appealing by mailing to the address set forth on the application written notice at least seven days prior to the hearing. (1987 Code, § 308.10) (Ord. 265, passed 1 -25 -1993) 1: 308.11 Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales 308.12 308.11 LICENSE LIMITATIONS. Subd. 1. All license holders are required to exhibit their licenses at the request of any citizen. Subd. 2. No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it is issued. Subd. 3. No license holder, nor any person in their behalf, shall shout, blow a horn, ring a bell or use any sound devices upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city. Subd. 4. It shall be the duty of any police officer of the city to require any person seen peddling or engaging in like activities and whom is not known to the officer to be duly licensed, to produce his or her license and to enforce the provisions of this chapter against any person when in violation of the same. Subd. 5. Failure of any person to comply with any of the ordinances of the city or the laws of the state shall be grounds for suspending or revoking a license granted under this chapter. Subd. 6. Door -to -door activities allowed under the provisions of this chapter shall be restricted to hours between 9:00 a.m. and 9:00 p.m. (1987 Code, § 308.11) (Ord. 265, passed 1 -25 -1993; Am. Ord. 318, passed 1 -13 -1997) 308.12 PEDDLERS, TRANSIENT MERCHANTS, CANVASSERS AND SOLICITORS MAY BE PROHIBITED BYPLACARD. Subd. 1. Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied by the resident may place upon or near the usual entrance to the premises a printed placard or sign bearing the following notice: Peddlers, Canvassers and Solicitors Prohibited. The placard shall be at least three and one -half inches long and three and one - half inches wide and the printing thereon shall not be smaller than one -half inch in height. No peddler, canvasser or solicitor shall enter in or upon any premises, or attempt to enter in or upon any premises, where a placard or sign is placed and maintained. Subd. 2. No person other than the person occupying the premises shall remove, injure or deface the placard or sign. Subd. 3. Violation of this section shall result in the revocation of a duly issued license. (1987 Code, § 308.12) (Ord. 265, passed 1 -25 -1993) 308 -7 308.13 Shorewood - Business Regulations 308.13 308.13 REGULATIONS, TRANSIENT MERCHANTS. Subd. 1. Public property. It shall be unlawful to sell or offer for sale any goods, wares or merchandise on any public land or public right -of -way within the city except as provided for in § 902.02. Subd. 2. Private property. No transient merchant shall sell or offer for sale any goods, wares or merchandise within the Commercial Zoning Districts within the city from a stationary location on private property without first obtaining a conditional use permit pursuant to the provisions of Shorewood's Zoning Code. It shall be unlawful to sell or offer for sale any goods, wares or merchandise from a stationary location in any noncommercial zoning district. (1987 Code, § 308.13) (Ord. 265, passed 1 -25 -1993) Penalty, see § 104.01 1. . CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 308 OF THE SHOREWOOD CITY CODE AS IT PERTAINS TO TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES Section 1. Chapter 308.01 SCOPE AND PURPOSE is hereby amended to read: "The purpose of this chapter is to prevent fraud, and criminal activity, such as burglary, theft and assault, and to protect the privacy of residents in their homes by requiring commercial solicitors, peddlers, transient merchants, and canvassers to be licensed and to impose restrictions on their operations within the city that are narrowly tailored to address the risks these operations pose to the public health, safety and welfare. It is not the purpose of this chapter to burden interstate commerce or interfere with constitutionally - protected rights under the First Amendment of the United States Constitution or Art. 1, Section 3 of the Minnesota Constitution." Section 2. CHAPTER 308.02 DEFINITIONS, the definition for Garage Sales is hereby amended to read: "GARAGE SALES. Any isolated or occasional display and sale of used personal property or home - crafted items conducted on residential premises by the occupant of the residential property or the display and sale of the items or seasonal goods or merchandise on the premises of a community center, school or church. GARAGE SALES shall include rummage sales, basement sales, yard sales, porch sales, craft sales and all other periodic sales at a residential location, community center, school, or church. Section 3. CHAPTER 308.04 EXCLUSIONS, Subd. 3., is hereby amended to read: "Subd. 3. Garage, rummage and craft sales. Garage sales, rummage sales and craft sales, provided that: a. None of the items offered for sale shall have been obtained for resale or received on consignment for sale, except for the display and sale of seasonal goods and merchandise on the premises of a community center, school or church; b. Any sale shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale; c. There shall be no more than four garage sales conducted at any one residence during any period of 12 calendar months; d. No garage or rummage sale shall be conducted during any part of more than three consecutive days, except that the display and sale of seasonal goods and merchandise on the premises of a community center, school or church shall not exceed 30 consecutive days; e. No garage sale maybe conducted before 8:00 a.m. or after 10:00 p.m.; f. Church signage is limited to one nonilluminated temporary sign, not exceeding six square feet in area, advertising the garage sale, for which a sign permit is not required. The sign may be displayed for the duration of the sale only; g. The display or sale of seasonal goods or merchandise on the premises of a community center, school or church shall not take up required parking as provided for in § 1201.03, subdivision 5 of this code and shall comply with setback requirements for the zoning district in which the property is located." Section 4. CHAPTER 308.05 NO FEE FOR CANVASSING, RELIGIOUS, POLITICAL, EDUCATIONAL AND CHARITABLE ORGANIZATIONS, Subd. 3 and Subd. 4, is hereby amended to read: Subd. 3. The period during which the canvassing is to be conducted; Subd. 4. A complete list of those to do canvassing giving full name, address and date of birth for background review and permit approval by the Police Department. Section 5. CHAPTER 308.06 LICENSE APPLICATION, Subd. 2. g. is hereby amended to read: g. A photograph of the applicant. The applicant must submit a photo taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishable manner; or, the applicant must come into the city office to have his /her photo taken for the license. Section 6. CHAPTER 308.08, LICENSE FEE AND LICENSURE, is hereby amended to read: The license fee for engaging in a transient business, peddling or soliciting shall be established by ordinance by the City Council, from time to time, and shall be payable at the time of application for a license. A license, unless revoked, is for the length of time and dates noted on the application, not to exceed the calendar year or part thereof for which it has been issued. License fees may not be prorated. Section 7. Chapter 308.12, the title is hereby amended to read: "308.12 PEDDLERS, TRANSIENT MERCHANTS, CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY PLACARD" Section 8. That 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 10th day of October, 2011. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator /Clerk 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 Under Section IV. Miscellaneous Fees and Charges, delete the following Transient business, peddling and soliciting fee: Transient business, peddling /soliciting 308.08 $50 /applicant Under Section I. Miscellaneous Permits and Licenses, add the following Transient Merchant, Peddler, Solicitor license fee: Type of Char -e /Fee Amount of Charge /Fee Transient Merchant, Peddler, 308.08 $100 /person Solicitor license Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 10th day of October 2011. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator /Clerk ® #10E MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Domestic Partnership Registry Meeting Date: Monday, October 10, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Jean Panchyshyn, Deputy City Clerk Attachments: Informational Documents Policy Consideration: Should the City of Shorewood consider an ordinance providing a domestic partner registry? Background: Mayor Lizee brought this issue to my attention and requested I do a bit of research and bring the issue to Council for discussion. This memorandum provides information regarding what such a registry is, how it works, and what other communities currently have a Domestic Partner Registry. Based on information from Outfront Minnesota and materials presented to the Hopkins City Council on the issue, a Domestic Partners Registry provides a committed couple documentation of their commitment that can be used to strengthen the couples ability to receive benefits or protections from their employer, businesses, hospitals, or other entities. Some of the benefits might include partner health insurance. The Domestic Partner Registry is an ordinance that outlines what constitutes a domestic partner relationship and provides a method for these couples to obtain certification from the city that they are domestic partners. The couple completes an application form, pays the established fee, and the city provides a certificate the couple uses for necessary paperwork to obtain benefits and /or protections. The ordinance does not require the city to provide any benefits to domestic partners. In fact, the city is prohibited by state statute from offering domestic partner benefits such as health, dental, etc. Furthermore, the City cannot require private businesses to provide domestic partner benefits. According to Outfront Minnesota, a domestic partner registry may make it easier for domestic partners to obtain these benefits if offered by their employer. The information I reviewed from the City of Hopkins and Outfront Minnesota indicates cities that enact such an ordinance may assist in attracting new businesses and residents. There does not appear to be any objective research to support this claim. However, cities adopting such an ordinance did not see a decline in business or residents as a result of adopting such an ordinance. Presently, the cities of Minneapolis, St. Paul, Rochester, Golden Valley, Minnetonka, Duluth, Maplewood, Robbinsdale, Edina, Richfield, St. Louis Park, Red Wing, and Shoreview all adopted a domestic partner registry. Hopkins is in the process of considering an ordinance. Attached is information from Outfront Minnesota on the issue. 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 Staff is seeking direction from Council on the issue and if staff should assemble a draft ordinance for Council to consider. Next Steps and Timelines: If council directs staff to develop a draft ordinance, staff will assemble and provide a draft for Council review at a meeting or work session in November. Connection to Vision / Mission: Source www.outfront.org 9/22/2011 Earlier this week, Shoreview became the lucky thirteenth Minnesota city to approve an ordinance permitting domestic partners, whether same -sex or different -sex, to register for a fee and receive a document certifying their registration. One other city may vote on an ordinance later in September, and yet another may do so by the end of the year, potentially bringing the total to fifteen. But given the fact that the legal impact of a municipal domestic - partner registry is very limited in comparison to the impact of a State -level law conferring legal status on same -sex couples, some people reasonably ask: who cares about these local ordinances? The conversations that have played out in these thirteen cities are local echoes of a much larger conversation about how, or indeed whether, to incorporate same -sex couples into the fabric of society. This is a debate that is underway in cities, states, and nations around the world, and increasingly, the outcome is movement in the direction of full inclusion, and full legal equality. While some states, for example New Jersey, Wisconsin, or Nevada, opt for legal statuses that fall short of full equality— represented by marriage —the direction of change is absolutely unmistakable. We know that in Minnesota, the 2011 Legislature made a high priority of placing a proposed constitutional amendment on the 2012 ballot to define marriage as 'one man, one woman " —a higher priority than even keeping the State operating by passing a budget that had a chance of enactment. In the next fourteen months or so, we will engage our friends, family, and neighbors in an unprecedented conversation about same -sex couples and LGBT people in general. And on November 6, 2012, when people go to voting booths statewide and are asked to vote on whether or not their LGBT neighbors are full citizens, hundreds of thousands, if not more than a million, Minnesotans will stand by us and reject this profoundly misguided effort. On November 7, 2012, we will open our newspapers or browsers to see whether enough Minnesotans stood with us to succeed. But whatever the outcome of that vote (and the many other important decisions we will make that day), know this: the conversation about how to legally recognize same -sex couples will continue. The only difference the vote will make is to determine whether marriage equality is achievable in the relative short term, or not. If the amendment succeeds, marriage is off the table —for the time being —and the discussion in 2013 will move toward the creation of some other status, akin to what exists in several other states and countries, often known as either "civil unions" or "domestic partnerships." And if the amendment fails, which many polls suggest is quite possible, then the marriage conversation simply continues. When that discussion picks up again in 2013, at least thirteen communities throughout the state — big -city, suburban, and greater- Minnesota communities, homes to over a million Minnesotans —will have already blazed the trail forward. They will have shown, in whatever limited way is available to them, that treating same- and different -sex couples equally under the law is not only possible, but desirable. Already, civic leaders, business people, and clergy have spoken out about how supporting families strengthens communities, and supported these local ordinances as small but useful steps in that direction. Change at the State level often is preceded by change at the local level; these cities will lead the state forward toward full equality. The future is unfolding, one community at a time. What are municipal domestic- partner registration ordinances? In 1991, the City of Minneapolis created Minnesota's first municipal domestic - partner registration ordinance. Since then, other cities have followed suit: Duluth (2009), St. Paul (2009), Edina (2010), and Rochester (2010). These ordinances allow a couple, whether same -sex or different -sex, to register as domestic partners for a nominal fee (usually $20 -$25) and receive a certificate that verifies their registration. Municipal domestic- partner registrations serve purposes beyond symbolism. Undeniably, under Minnesota law, local governments are very restricted In terms of the rights or privileges they could attach to a domestic- partner registration. In particular, local governments in Minnesota may not offer their employees' domestic partners health coverage akin to that provided to employees' spouses. (Other employment benefits, e.g., bereavement leave, may be offered.) A registration ordinance provides unmarried couples who attest that they satisfy the City's definition of a domestic partnership" the ability to secure government documentation that a relationship exists. That documentation function strengthens couples' ability to secure benefits or protections from businesses, hospitals, or other entities which can rely on a registration certificate for their paperwork needs. Municipal domestic - partner registration ordinances impose no costs on local businesses. None of the domestic- partner ordinances passed in Minnesota requires any private business or other entity to pay to provide financial benefits of any kind to couples who register. Much of the conversation about domestic partnerships relates to health benefits; under Federal law, in most cases no city or state can require that private employers provide any particular health benefits to their employees. A domestic - partner registration ordinance, however, can make it easier for those businesses who would like to provide these or other benefits but who don want to create their own, internal registration processes. Passing a municipal domestic- partner registration ordinance imposes no costs on a City itself. The cost of preparing forms for couples to use for registration is more than offset by the registration fee couples are charged. Passing a domestic - partner registration ordinance does not require a City to provide any particular benefits to its employees' domestic partners, though naturally a City may choose to do so, other than dependent health coverage. Municipal domestic - partner registration ordinances can help attract businesses and residents. There is no evidence that in twenty years' experience, businesses or residents have left, or declined to move to, Minneapolis due to its domestic - partner registration ordinance. In OutFront Minnesota's experience, local leaders express support for such ordinances because they believe they enhance their city's reputation as welcoming to all families and communities, and that this is conducive to welcoming new businesses and residents. Municipal domestic - partner registries do not affect places of worship. A municipal domestic- partner registration ordinance is entirely a function of civil government and has no effect on places of worship. Should a place of worship choose to conduct a ceremony for domestic partners, they are of course free and welcome to do so, but no government entity may require that a place of worship recognize or act on a domestic - partner registration. Municipal domestic - partner registries do not violate state law. While Minnesota law currently restricts marriage to different -sex couples, state law also allows local governments to register domestic partners. Each of the domestic- partner registration ordinances in Minnesota provides for recognition of registrations from other cities, as well as domestic partnerships, civil unions, and even marriages from other jurisdictions — as municipal domestic partnerships, and nothing more. Domestic - partnership registration ordinances do not create or limit rights or obligations in such areas as inheritance, adoption, child custody, separation, or related areas governed solely by State law. 1: (2 #11A U2 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Stop Sign Request on Yellowstone Trail at Glencoe Road Meeting Date: October 10, 2011 Prepared by: Brian Heck, City Administrator Reviewed by: Attachments: Traffic Study and Minutes of May 23, 2011 Meeting Background: Council reviewed and acted on this item at its May 23, 2011 Regular City Council meeting. Staff recommended denial of the request based on the results of the traffic study and current City Policy related to the placement of signs. Mr. Scott Haskins requested the Council reconsider this item. (Attachment 1). Staff attached the report from the May 23, 2011 meeting, as well as the minutes from that meeting (Attachment 2). Recommendation / Action Requested: Staff recommends the council deny the placement of a stop sign at this location based on the results of the traffic study. 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 Jean Panchyshyn Subject: FW: Yellowstone Trail / Glencoe Road - Stop Sign From: Scott Haskins [maiIto:Scott @horizonagency.com] Sent: Thursday, September 22, 20119:28 AM To: Chris Lizee Contact Cc: Brian Heck; James Landini; Christa Stelmachuk (chstelma @yahoo.com) Subject: RE: Yellowstone Trail / Glencoe Road - Stop Sign Hello Chris — That sounds good. Yes we will be there for the Monday October 10 meeting at 7pm to review this item. Thanks for adding it to the agenda. — Scott Haskins From: chris lizee [mailto:chrislizee @gmail.com] Sent: Wednesday, September 21, 2011 6:13 PM To: Scott Haskins Cc: Brian Heck; James Landini Subject: Re: Yellowstone Trail / Glencoe Road - Stop Sign Hi Mr. Haskins - I believe the best way to answer your questions and concerns would be for me to bring it back to our council meeting on Monday, October 10th for the council to "re- visit" the issue. There we can all have an opportunity to go over the data collected and you and your neighbors can ask questions you feel may not have been raised. Let me know if I can put the issue on our regular agenda for Monday, October 10th. Our meeting begins at 7:00 pm in Council Chambers, and I expect that we'd be discussing it before 7:30 pm. Sincerely, Chris Lizee On Mon, Sep 19, 2011 at 9:52 AM, Scott Haskins < Scott o horizonagency.com wrote: Dear Christine- Hello. We have several families that live in our neighborhood that are very concerned about the traffic and speed on our road and intersection at Yellowstone Trail / Glencoe Road. Our families want to meet with you to explain the problem since as you can see below the city engineer has determined that a stop sign is not necessary even though there are over 800 cars going by this intersection at speeds well over 35 to 40 mph every day. Let me know a good /date time for you to meet with all of us over the next 2 weeks on a Tuesday or Thursday between 4:30 and 6pm. I imagine the meeting will be brief — since our request is very straightforward. Also - I also would like to know why we were not informed of the date /time of the 5/23/11 council meeting as our families would have come to this meeting. Thanks —Scott Haskins From: James Landini [ mailto : JLandini@ci.shorewood.mn.us ] Sent: Friday, September 16, 20112:28 PM To: Scott Haskins Cc: Brian Heck; Christine Lizee Subject: RE: Yellowstone Trail / Glencoe Road - Stop Sign Mr. Haskins The City Council of Shorewood, MN considered the stop sign request of Yellowstone Trail / Glencoe Rd. at the 5/23/11 Council meeting. The minutes are attached for your review and the item is on page 7 of the file. Thank you James Landini P.E. City of Shorewood 952- 960 -7910 From: Scott Haskins [mailto: Scott o horizonagency com Sent: Wednesday, September 14, 20114:04 PM To: James Landini Subject: Yellowstone Trail / Glencoe Road - Stop Sign Importance: High James, We and several neighbors that live near the Yellowstone Trail / Glencoe Road intersection have reviewed the traffic and stop sign analysis report that was completed this summer by your group. We all are extremely disappointed in the results of your study and the fact that your City of Shorewood board did not approve a stop sign for the intersection of Yellowstone Trail / Glencoe Road. There are 3 families immediately surrounding this intersection and we all have young children. The report you provided stated that there were over 800 cars per day going through this intersection. Whenever we are standing in our driveways we know for a fact that most cars are going well over the posted speed limit — many in excess of 40 miles per hour! This is a public danger to anyone walking, biking, or kids playing on or near this road. There are several neighbors and kids that use this section of road every day and the fact that there is not stop sign there is a public danger that is not being addressed. We are filing a formal complaint and we would like to see a stop sign at the intersection of Yellowstone Trail and Glencoe Road by October 2011. Please let me know your response as soon as possible —we would prefer this be done through you and your board versus us having to setup a in person meeting with the Mayor and the MN DOT, but that will be our next steps very soon if necessary. Thanks, Scott Haskins Partner ® #9B City f Shorewood Council Meeting tem M TYPE y g Reggular ular Meeting Title / Subject: Stop Sign Request on Yellowstone Trail at Glencoe Road Meeting Date: 5/23/11 Prepared by: James Landini Reviewed by: Attachments: Crash Mapping Tool Report, aerial photo Policy Consideration: None Background: The City of Shorewood received a request for a stop sign at the intersection of Yellowstone Trail and Glencoe Road. Glencoe Road already has stop control. The City Council adopted a Street Sign Policy on 4/11/11 which listed four conditions for approving sign placement; 1. Review of the accident data. 2. Review traffic volume and speeds. 3. Review sight lines. 4. Review traffic flow. According to the MN Crash Mapping analysis tool there were two incidents in the area. Both were documented as ran off road and not at an intersection. Traffic counters were placed on 5/9/11 to 5/12/11. The counters indicate an average of 800 cars per day on Yellowstone Trail and 150 cars per day on Glencoe Road. The 85 percentile speed recorded on Yellowstone Trail was 29mph and Glencoe Road's 85 percentile was 21mph. Attached are photos of the intersection to exhibit sight lines. Financial or Budget Considerations: $300 now plus ongoing maintenance. Options: 1. Direct staff to deny the request for stop signs on Yellowstone Rd. 2. Direct staff to install stop signs on Yellowstone Rd. 3. Do nothing. Recommendation / Action Requested: Staff recommends Council deny the request for stop signs on Yellowstone Trail since none of the conditions from Minnesota Manual on Uniform Traffic Control Devices are met. Next Steps and Timelines: Connection to Vision / Mission: Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Crash Type Summary Glencoe & Yellowstone Crash Report Report Version 1.0 March 2010 Analysis Years: 2 0 0 4, 2007 Crash Summary: Number of Vehicles 1 2 3+ K- Fatal 0 0 0 0 A- Incapacitating 0 0 0 0 B- Non - Incapacitating 1 1 0 0 C- Possible 0 0 0 0 N- Property Damage 1 1 0 0 X- Not Reported 0 0 0 0 Miscoded 0 0 0 0 Total 2 2 0 0 Surface Condition Summary: 02 - Sideswipe - Same Dir 0 03 - Left Turn 0 04 - Ran Off Road - Left Side 1 05 - Right Angle 0 06 -Right Turn 0 07 - Ran Off Road - Right Side 1 08 - Head On 0 09 - Sideswipe - Opposing Dir 0 Other 0 Unknown /Not Stated 0 Miscoded 0 Total 2 Accident Type Summary 01 - Motor Vehicle in Transport 0 02 - Parked Vehicle 0 03 -04 - Road Equipment 0 05 - Train 0 06 -Bike 0 07 - Pedestrian 0 08 -09 - Deer /Animal 0 10 -14 - Other /Unknown Collision 0 21 -42 - Fixed Object 2 51 - Overturn 0 52 -65 - Other Non - Collision 0 Other 0 Unknown /Not Stated 0 Miscoded 0 Total 2 , .tion Filter: Surface Condition Summary: 01 - Dry 1 02 - Wet 0 03 - Snow 0 04 - Slush 0 05 - Ice /Packed Snow 0 Other 1 Unknown /Not Specified 0 Miscoded 0 Total 2 Intersection Relation Summary: 01 - Not at Intersection 2 02 - T Intersection 0 03 - Y Intersection 0 04 - 4 Legged Intersection 0 05 - 5 or more Leg Intersection 0 06 - Roundabout/Traffic Circle 0 07 - Intersection Related 0 08 - Alley or Driveway 0 09 - School Crossing 0 10 - RR Crossing 0 11 - Recreational Crossing 0 20 -22 - Interchange 0 Other 0 Unknown /Not Stated 0 Miscoded 0 Total 2 Light Condition Summary: 01 - Daylight 0 02 - Before Sunrise 0 03 - After Sunset 0 04 - Dark (Street Lights On) 1 05 - Dark (Street Lights Off) 0 06 - Dark (No Street Lights) 1 07 - Dark (Unknown Lighting) 0 Other 0 Unknown /Not Stated 0 Miscoded 0 Total 2 WORK AREA: COUNTY CODE('27') - SPATIAL FILTER APPLIED Analyst: Notes: James Landini 05/13/2011 MnCMAT 1.0.0 Page 1 of 1 �G &9'Fb U � /i1,a(�13 � �' Southbound looking East Northbound looking West Southbound looking West Northbound looking East (o) copy igh[ zone, Picmmet y mtemaeonai coop. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 7 of 14 attorney representing the Association has indicated it does not make any difference that a vote to lower the age had not been taken. She noted she and her husband think it does matter. She stated the attorney representing them has submitted their position that no action be taken because there is no legal authority to make the request. She commented that she teaches mathematics. She also teaches children that to get what they want the first thing they must do is decide what it is they want, and then they must follow the rules to go about getting that. She stated from her vantage point this process has been an embarrassment. She doesn't understand how a person(s) can demand to get what they want yet believe they don't have to follow the rules. She thanked Council for having given her the opportunity to address Council. Jerome Smith, 25630 Park Lane and the current Treasurer for the Shorewood Ponds Association stated the discussion about possibly lowering the age restriction started during the Association's annual meeting held in October 2010. He explained that during that meeting a vote was taken in support of continuing to research that, noting that the Baiers were not present at that meeting. On March 25, 2011, the Association sent out a consensus form asking its membership to express their support for or against moving forward with the application to lower the age restriction. Ninety -one percent of the respondents responded they were in favor of lowering the age restriction. The Association moved forward under the assumption that was sufficient approval to move forward with submitting an application. The Association only recently found out that it has to go through a formal ballot process to make the change legal. He noted that 5 — 6 people are delivering the ballots to the membership today and tomorrow. The Association expects to have the ballots returned sometime next week. Mr. Smith stated Shorewood Ponds needs new growth. He expressed he thought the Association is good and everything identified in the covenants has been honored. He stated he thought the residents are proud of the Shorewood Ponds community and the property looks good. He commented the residents like being surrounded by Freeman Park. He conveyed that most of the residents think lowering the age restriction to 55 will not hurt anything and there is no plan to reduce it even further. He stated the Association will be ready by whatever date Council continues this to. Woodruff moved continuing the request to amend the Planned Unit Development Agreement for Shorewood Ponds P.U.D. to lower the age restriction for occupancy to 55. Councilmember Siakel questioned why this can't be put on the meeting agenda for the June 13, 2011, Council meeting. Mayor Liz& stated the Association may not have all the ballots that will be counted returned by then. Councilmember Zerby asked if waiting until June 27 would negatively impact the Association. Mr. Smith stated June 27 would be fine. Zerby seconded the motion. Motion passed 510. 9. ENGINEERING /PUBLIC WORKS A. Stop Sign Request — Glencoe Road Engineer Landim explained the City received a request for a stop sign at the intersection of Yellowstone Trail and Glencoe Road. There is already a stop sign on Glencoe Road, the north/south portion of the intersection. Yellowstone Trail, the east /west portion of the intersection, is a through street. Staff has collected traffic data using traffic counters for that intersection. The counters indicate an average of 800 trips per day on Yellowstone Trail and 150 trips per day on Glencoe Road. Other requirements for the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) include sight distances / sight lines. The meeting packet contains copies of photographs taken to display some of the site angles at the intersection. They were taken from the approximate position a driver would be located at when stopped at CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 8 of 14 the intersection. There is some vegetation on one corner that could be trimmed back to improve visibility. According to the Minnesota Crash Mapping analysis tool there were two incidents in the area in 2007 with both being documented as vehicles leaving the road; they were not at the intersection. Landini stated based on the information analyzed Staff does not recommend installing stop signs on Yellowstone Trail. Councilmember Woodruff stated when residents conveyed their concerns to him about the intersection it was explained to be a site line issue. He expressed his appreciation for the research Engineer Landini did on this matter. He suggested the corner near the intersection that has heavy vegetation be trimmed somewhat if possible. Councilmember Siakel asked where the request came from. She also asked what problem is trying to be solved with signs. She questioned if the problem was speeding. She explained that she drove the intersection in multiple directions and she couldn't find a problem there. Councilmember Woodruff responded a resident living along side of Glencoe Road asked him if it was possible to have stop signs installed on Yellowstone Trail because the cars coming down the street couldn't be seen until they were quite close to the intersection. There was a danger a driver would pull out into the intersection on Glencoe Road into the path of an oncoming car. It was perceived to be a site line issue. It was not a speeding issue for that resident. Woodruff moved, Siakel seconded, directing Staff to deny the request for stop signs on Yellowstone Trail where it intersects with Glencoe Road and asking Staff to research if the heavier vegetation on one corner of the intersection can be trimmed back and if so then do it. Motion passed 510. 10. GENERAL /NEW BUSINESS None. 11. OLD BUSINESS A. City of Shorewood Entry Signs Mayor Lizee stated the meeting packet contains copies of mockups for four different City entry identification signs. The wording is as follows. Sign 1: Shorewood POP. 7477 (split on 2 lines). Sign 2: Shorewood POP. 7477 ...a South Lake community (split on 3 lines). Sign 3: Shorewood Home of 7477 souls ...a South Lake community (split on 3 lines). Sign 4: Welcome to Shorewood POP. 7477 ...a South Lake community (split on 4 lines). Councilmember Hotvet expressed her preference for Sign 2 subject to the word community being capitalized. Councilmember Zerby asked if there is a different cost for the signs to which Director Brown responded he did not think there would be a significant difference in cost. Director Nielsen stated the Minnesota Manual on Uniform Traffic Control Devices suggests having the population from the most recent census on the signs. Councilmember Zerby stated he could be okay with Sign 2 but his preference is Sign 1 which is simpler MEMORANDUM Date: October 6, 2011 To: Mayor Lizee Council Members From: Bruce DeJong, Finance Director Re: August, 2011 Monthly Budget Report The 2011 General Fund budget is tracking well overall. At 77.5% of non - property tax revenues, we compare well to the previous three years. Actual revenues are about $46,000 lower than last year at this point. Overall expenditures are at 64% which is higher than last year at this point and the three year average. REVENUES • We have received the first half property taxes collected through May 15 from Hennepin County. • License and permit revenues are up about $18,000 over last year. This may indicate a sustainable increase in remodeling activity from the severely depressed levels of the past couple of years. • Intergovernmental revenues are typical for this point with the first half of the MSA funds in from the state. • Charges for services are running just under last year's level, but are on track to make budget. • Fines and forfeitures are a little low from this time last year. • Miscellaneous revenue is primarily interest earnings which continue to be low, but we should make budget even with the negative economic news. EXPENDITURES • Council — looks slightly better than previous years average. • General Government — looks high because of salary allocations. • Elections - looks about on track with previous years. • Finance - over in both supplies and support services, but some expenses may be allocated to other departments. • Professional Services — a bit lower than previous years based on fewer special projects. • Municipal Buildings — high because the LMCIT liability insurance costs were paid early in the year. Materials and supplies cover copier and Laserfiche software maintenance, but some Warner Connect charges were miscoded and need to be reclassified as support and services which will bring materials and supplies back below budget. • Police and Fire are tracking closely with previous years. • Public Works - over because more wages have been coded to this department based on actual time spent. As shown in the budget analysis this will not cause a major problem over the course of the year. Streets and Roads - over because more wages have been coded to this department based on actual time spent. As shown in the budget analysis this will not cause a major problem over the course of the year. Snow and Ice - over because of all the snow received this winter. There is still a chance that the overall budget will not be exceeded if snow fall this fall and early winter is average or below. Parks & Recreation is tracking closely with previous years. Please contact me or Mr. Heck if you have any questions. Attachment: August Monthly Budget Report Monthly Budget Report August 31, 2011 Administration YTD YTD 2011 % of 2011 Expected Variance 2010 August Adopted Annual % of 2011 (Negative) % of Budget Expended Year to Date Overview Actual 2011 Budget Budget Budget or Positive 2008 2009 2010 REVENUE 20 20 0 Support and Services 2,354 3,403 4,760 71.5% Property Taxes 2,463,855 2,450,536 4,763,319 51.4% 50.0% Capital Outlay 49 49 52 Licenses and Permits 90,374 108,370 98,200 110.4% 67.0% 66 50 85 Intergovernmental 67,023 34,109 69,401 49.1% 98.0% 93 98 103 Charges for Service 39,228 29,924 35,075 85.3% 78.7% 80 71 85 Fines and Forfeitures 32,249 28,416 52,000 54.6% 57.3% 68 44 69 59 Miscellaneous 50,813 46,210 63,900 72.3% 48.7% 59 47 40 Transfers from other funds - - 40,000 0.0% 0.0% 47.0% 0 0 0 TOTAL 2,743,542 2,697,565 5121,895 52.7% - $93,594.35 38.0% (45,978) 65 49 247,029 318,576 77.5% 191,292 277,237 69.0% ($10,768.43) EXPENDITURES 33,658 Elections Department Personnel 20,577 273 4,781 5.7% Council 26 15 67 Materials and Supplies 2,328 1,665 2,300 Personnel 11,196 11,196 16,800 66.6% 65.7% 63 67 67 Materials and Supplies 550 619 1,300 47.6% 100.0% 22 105 219 46 Support and Services 21,718 34,262 102,430 33.4% 45.3% 0 48 41 47 Total 33,464 46,077 120,530 38.2% $1,009.83 $12,689.93 12,613 Administration Personnel 94,111 96,875 142,828 67.8% 73.0% 101 54 64 Materials and Supplies - - - 0.0% 13.3% 20 20 0 Support and Services 2,354 3,403 4,760 71.5% 40.3% 16 48 57 Capital Outlay 1,631 - - 21.7% 0 0 65 Total 98,096 100,278 147,588 67.9% $5,906.31 2,182 General Government Personnel 129,625 158,534 226,387 70.0% 68.7% 68 67 71 Materials and Supplies 9,695 8,662 18,500 46.8% 53.3% 55 56 49 Support and Services 17,101 24,096 32,350 74.5% 47.0% 50 38 53 Capital Outlay 1,213 - - 38.0% 0 65 49 Total 157,634 191,292 277,237 69.0% ($10,768.43) 33,658 Elections Personnel 20,577 273 4,781 5.7% 36.0% 26 15 67 Materials and Supplies 2,328 1,665 2,300 72.4% 53.3% 59 54 47 Support and Services 603 - - 47.0% 36 83 22 Capital Outlay - - - 18.3% 55 0 0 Total 23,508 1,938 7,081 27.4% $1,009.83 (21,570) Finance Personnel 95,070 105,766 153,224 69.0% 58.3% 62 60 53 Materials and Supplies 7,373 7,116 6,950 102.4% 84.7% 75 83 96 Support and Services 1,864 7,444 6,575 113.2% 24.7% 21 28 25 Capital Outlay - - - 12.3% 0 37 0 Total 104,307 120,326 166,749 72.2% ($23,439.17) 16,019 August 31, 2011 YTD YTD 2011 % of 2011 Expected Variance 2010 August Adopted Annual % of 2011 (Negative) % of Budget Expended Year to Date Overview Actual 2011 Budget Budget Budget or Positive 2008 2009 2010 Professional Services 155,644 159,227 199,000 80.0% 83.3% $6,606.33 83 89 78 3,583 Planning and Zoning Personnel 115,012 108,613 170,694 63.6% 62.7% 68 61 59 Materials and Supplies 54 155 655 23.7% 100.0% 228 84 8 Support and Services 4,831 5,044 11,810 42.7% 58.7% 50 23 103 Total 119,897 113,812 183,159 62.1% $739.77 (6,085) Municipal Building - City Hall Materials and Supplies 35,221 36,340 16,500 220.2% 54.0% 25 73 64 Support and Services 11,124 98,082 157,750 62.2% 12.3% 11 18 8 Capital Outlay 15,713 1,534 - 26.3% 0 0 79 Transfers - - 103,950 0.0% 0.0% 0 0 0 Total 62,058 135,956 278,200 48.9% ($107,590.17) 0 0 0 73,898 Police Support Services 632,904 582,081 995,750 58.5% 67.7% 69 67 67 Capital (Public Safety Bldg) 171,051 172,551 230,066 75.0% 74.7% 75 75 74 Total 803,955 754,632 1,225,816 61.6% $90,941.45 (49,323) Fire Support Services 241,901 252,848 337,130 75.0% 77.0% 77 77 77 Capital (Public Safety Bldg) 204,472 203,023 270,697 75.0% 73.0% 73 73 73 Total 446,373 455,871 607,827 75.0% $1,327.91 9,498 Inspections Personnel 75,365 77,314 109,096 70.9% 66.0% 75 59 64 Materials and Supplies 28 154 300 51.3% 5.3% 9 0 7 Support and Services 2,739 301 6,700 4.5% 31.7% 36 19 40 Total 78,132 77,769 116,096 67.0% ($3,627.97) (363) City Engineer Personnel 60,488 63,775 111,103 57.4% 66.7% 72 64 64 Materials and Supplies 44 409 1,255 32.6% 45.0% 89 36 10 Support and Services 5,150 8,176 13,320 61.4% 28.7% 29 23 34 Capital Outlay 44 - 1,000 0.0% 36.7% 85 21 4 Total 65,726 72,360 126,678 57.1% $6,458.48 6,634 Public Works Service Personnel 177,393 180,003 184,107 97.8% 64.3% 67 66 60 Materials and Supplies 39,469 49,855 71,200 70.0% 60.0% 78 46 56 Support and Services 29,583 28,960 41,440 69.9% 65.7% 66 62 69 Capital Outlay - - - 0.0% 0 0 0 Total 246,445 258,818 296,747 87.2% ($70,443.56) 12,373 Streets and Roads August 31, 2011 % of Budget Expended 2008 YTD YTD 2011 % of 2011 Expected Variance 51 2010 August Adopted Annual % of 2011 (Negative) Year to Date Overview Actual 2011 Budget Budget Budget or Positive Personnel 68,306 68,353 113,459 60.2% 70.0% 291 Materials and Supplies 54,827 111,025 85,000 130.6% 73.3% 0 Support and Services 774 1,703 34,000 5.0% 12.0% 1 Capital Outlay - - 700,000 0.0% 0.0% 91 Total 123,907 181,081 932,459 19.4% 0 ($35,246.37) Snow and Ice 0 0 0 56 51 52 Personnel 26,827 41,565 56,567 73.5% 54.0% Materials and Supplies 12,594 14,326 45,117 31.8% 34.7% Total 39,421 55,891 101,684 55.0% ($9,704.26) Traffic control / Street Lights Materials and Supplies 146 2,341 5,000 46.8% 56.3% Support and Services 23,260 36,685 52,149 70.3% 57.7% Total 23,406 39,026 57,149 68.3% $32,889.26 Sanitation / Waste Control Personnel 4,001 216 2,281 9.5% 100.0% Materials and Supplies - 30 100 30.0% 1.3% Support and Services 3,210 3,739 4,400 85.0% 25.7% Total 7,211 3,985 6,781 58.8% ($573.33) Tree Maintenance Personnel 12,744 12,801 14,020 91.3% 63.7% Materials and Supplies 34 170 1,425 11.9% 6.0% Support and Services 6,126 2,526 13,250 19.1% 44.3% Total 18,904 15,497 28,695 54.0% ($611.27) Parks and Recreation Personnel 104,195 98,569 185,708 53.1% 69.3% Materials and Supplies 11,729 14,682 19,800 74.2% 79.3% Support and Services 59,375 55,718 91,900 60.6% 94.7% Transfers - - 42,000 0.0% 0.0% Total 175,299 168,969 339,408 49.8% $62,495.21 Unallocated - 86,547 - 0.0% Total Expenditures 2,783,387 3,039,352 5,218,884 58.2% ($40,940) Net Revenue less Expenditure: (39,845) (341,788) (96,989) % of Budget Expended 2008 2009 2010 89 50 71 104 51 65 19 14 3 0 0 0 57 39 66 22 54 28 149 17 3 64 57 52 291 309 147 0 4 0 77 0 0 94 23 74 4 13 1 42 46 45 71 72 65 91 75 72 75 145 64 0 0 0 0 0 0 56 51 52 57,174 16,470 15,620 (3,226) (3,407) (6,330) 255,965 Note: The balanced budget includes $150,000 of fund balance in the Transfers item of the Revenue section.