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04-22-13 CC Reg Mtg AgP C. B. A. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 22, 2013 7:00 P.M. AGENDA Attachments 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Hotvet ___ Siakel ___ Sundberg ___ Woodruff ___ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Retreat Minutes, March 23, 2013 Minutes B. City Council Regular Meeting Minutes, April 8, 2013 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. Approval of the Cooperative Agreement with Hennepin County for the Planning Director’s County State Aid Highway No. 19 sidewalk project memo, Resolution C. Accepting a Donation from American Legion Post 259 Finance Director’s memo D. Approval of a New Tobacco License Request for Lucky’s Station #7 at City Clerk’s memo, 24365 Smithtown Road Resolution E. Approval of Grant Agreement between Minnehaha Creek Watershed District Planning Director’s and City of Shorewood for 2013 Christmas Lake AIS Inspections memo, Resolution F. Accepting Proposal for Professional Services for 2013 Mill and Overlay Director of Public Project, City Project 13-05 Works memo 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING CITY COUNCIL REGULAR MEETING AGENDA – APRIL 22, 2013 Page 2 of 2 Attachments 6. REPORTS AND PRESENTATIONS 7. PARKS A. Report on April 9, 2013 Park Commission meeting Minutes B. Approval of Establishing Community Gardens at Freeman Park Planning Director’s memo 8. PLANNING A. Awarding Quotes for the County Road 19 Sidewalk Project Planning Director’s memo, Resolution 9. ENGINEERING/PUBLIC WORKS A. Approval of Cooperative Agreement and Plans for Metropolitan Council Engineer’s memo, Environmental Services (MCES) Excelsior Area Interceptor Improvements Resolution 10. GENERAL/NEW BUSINESS A. Deer Management Program Planning Director’s memo B. Spring Season Field Conditions and Park Use Director of Public Works’ memo C. Liquor License Violation - Team Liquor Wine and Spirits City Clerk’s memo 11. OLD BUSINESS A. City Owned House at 5795 Country Club Road City Attorney’s memo 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. 2012 Year-End Report Finance Director’s 2. 2013 Monthly Budget Report memos 3. Organics Pilot Program Update Recycling Coordinator’s memo B. Mayor and City Council 13. ADJOURN #2A CITY OF SHOREWOOD CITY COUNCIL / STAFF RETREAT SATURDAY, MARCH 23, 2013 South Lake Minnetonka Public Safety Facility Emergency Operating Center, Building Basement MINUTES CONVENE CITY COUNCIL / STAFF RETREAT Mayor Zerby called the meeting to order at 8:30 AM. Present: Mayor Zerby; Councilmembers Hotvet, Siakel, Sundberg, and Woodruff Staff Present: Administrator Joynes, Finance Director DeJong, Director of Public Works Brown, Planning Director Nielsen, Engineer Hornby, City Clerk Panchyshyn Absent: None Hotvet moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. RETREAT OBJECTIVES Administrator Joynes noted that today’s discussion will provide staff with direction on how Council would like to proceed over the next eight years or so to maintain a healthy fund balance in the city’s finances. There are also decisions to make with the Engineer position and the city-owned house on Country Club Road. The Mayor also has items for discussion. Joynes reviewed highlights from the 2011 survey and noted that the survey results provided a very positive response to how the city is doing overall; the results portray a general attitude of the community. The survey results indicate residents feel the quality of services is very good. Usually this implies residents feel they are getting a fair deal on their taxes for those services. The survey results will be taken into consideration when making funding decisions for enterprise funds and the capital improvement program. Joynes next reviewed the financial projections, noting that these projections are based on continuing operations as they have been done the past five years. This includes no increase in the tax levy, using the general fund reserve to support yearly budgets, no increase in fees or utility rates, a 2% inflation rate on expenditures each year, and maintaining the current level of services. He noted the expenditure figures are based on what was approved for the 2013 budget and on the CIP through 2021. He then reviewed what will happen to each fund balance using these assumptions. The General Fund - This is the tax supported fund used for general operations. A 55% reserve is targeted as indicated by current policy. Joynes noted that the general fund balance is significant at this time. As the fund balance begins to decline, the bond rating may be in jeopardy around 2015-2016. It shows a trend of the fund balance declining each year to 2021. Council will need to give staff direction on how it wants to proceed with budget options/decisions to obtain a healthy fund balance over the next eight years. The current fund balance policy will require action by Council to adhere to that policy. Finance Director DeJong noted that the 23% is the percent of 2012 cash. CITY OF SHOREWOOD CITY COUNCIL/STAFF RETREAT March 23, 2013 Page 2 of 7 Water Fund - This is a very healthy fund; it has 25% of the cash value of the city. The reason this is so healthy is because the water system has not been expanded; the rate structure for the existing system is much richer then needed to maintain the existing system. Sewer Fund - This fund is currently healthy, but the trend shows the fund balance declines; around 2018 the expenditures are more than fund balance. Street Reconstruction - This fund has spikes in expenditures depending on the projects. Overall, it is in a little better shape than other funds. At the end of 2021, there is a little money available in this fund. Recycling - This fund had a recent rate increase. Fund balance is fairly good and begins to taper off in 2017. This is only 1% of the total cash, so is a minor adjustment that is not too significant. Southshore Center - This shows a drastic decline in fund balance, using current activity levels. This program will be in discussion over the next few months. Trails - Money is transferred into this fund for these projects; 2013 is for the Smithtown Trail and is based at approximately $125/lineal ft. The money in this budget was originally based at $65/lineal foot for trails, which is too low; staff is using a more realistic figure of $95/lineal foot for trails from 2014-2021 to more accurately reflect trail project costs. Community Infrastructure - This is the fund that money is transferred out of for specific projects; it shows the 2013 funds transferred out for the Smithtown Trail. It is intended this money will be spent down for specific projects. Equipment - Municipal Buildings and Technology - This fund is a bit up and down, but does begin to decline in 2015. Storm Water - This fund declines in 2016; the issue of what to do with storm water and ponds needs to be discussed. This fund does not include issues such as phosphorous, coal tar, and underlying sediment that needs to be dredged from ponds and treated. Park Improvement - This includes the Badger Park plan; if it is determined to modify the existing plan to one that is less costly, that will free up money in this fund that could be used for other items. Total Cash - This graphic depicts the decline of total cash under the existing trend if that trend continues through 2021. Fund Balance Surplus/(Deficit) - This is a summary of the funds. It shows a deficit of $2,255,531 by 2021; this assumes using the water fund surplus of $4,813,507 to fund other items. These numbers are a calculation based on what is believed to be appropriate reserve levels in those funds. The General Fund is set by policy. Parks, MSA, Community Investment and Southshore Center funds show zero because money gets transferred into those funds when there is a project. Equipment, Streets, Water, Sewer, Recycling, and Storm Water require funds to support those operations. Options include not using the water fund surplus, which will increase the deficit to about $6.4 million over the next 8 years. If the water fund reserve is used to fund other projects, $2.255 million will be needed. If the General Fund tax levy is increased 2% each year, this will provide about $3.2 million over 8 years. Sewer and Storm Water rate studies could be done to determine the rate needed to sustain those CITY OF SHOREWOOD CITY COUNCIL/STAFF RETREAT March 23, 2013 Page 3 of 7 funds. If Badger Park improvements are made at a lower level, that will help to lower the deficit. If the Country Club Road house is sold, that money would be available for use. Fiscal Pressures - This includes the Southshore Center. Decisions on how to proceed with the Southshore Center will be discussed over the next few months. Badger Park improvements and Trails are also in discussion, and a tree replacement policy for trail projects will need to be determined. Other items include the storm water pond maintenance and clean-up; water system expansion; technology upgrades; and intergovernmental initiatives such as traffic control and governance, which includes consolidation of services in the south lake area, which would require some consulting assistance. Storm Water Pond 15-year Maintenance Program - This is an estimate over a 15-year timeline, based on the recent treatment of Silver Lake, for 52 ponds, for a total estimated cost of $3.8 million. This entire program is not a current requirement, but it gives an idea of the level of what could be required. There are parts of this maintenance program that will need to be done to keep systems functioning. General Fund Stability through 2021 - Examples include a general fund tax levy increase of 1.5% for 8 years, which would provide a 40% general fund reserve (this is the state auditor’s policy), and a 2% increase would provide a 60% general fund reserve (this is the city’s policy). Council Options to Mitigate Deficits - Some options to mitigate the deficit include reductions in personnel and programs, increase tax rates, CIP equipment and project reductions, increase fees and service rates, change in funding mechanisms, sell the Country Club Road house, transfers or internal loans from healthy funds to less healthy funds. It was noted that the legislature is currently discussing allowing cities to create a street reconstruction utility fund. The philosophy behind this is that streets are a city-wide system that everyone benefits from, so everyone should contribute to support the street system. WATER FUND DISCUSSION Recent History – Joynes reviewed the history of road reconstruction projects since 2006; of the six projects that have come forward, only one had water connections approved as part of the roadway reconstruction project. The five others were turned down because the residents didn’t want it. The city’s funding structure is designed to support expansion of the water system. This will likely not happen because of the cost of city water vs. private well. The estimated cost to connect to city water per the water plan update is $28,869. The estimated cost to construct a private well is $18,350, and this includes maintenance costs and arsenic mitigation. Joynes noted there is about $4 million in the water fund to expand the system, and if the system will not be expanded, decisions need to be made about what to do with those funds. Council could consider use of the excess funds to fund other projects, to make loans to other funds, and Council could consider reducing rates if the water system stays the current size and is not expanded. Joynes stated that when projects are denied, it removes those properties from potential expansion, making future projects more expensive to construct. Sundberg is not in favor of reducing water fees. She is comfortable with using a portion of the water fund reserves for other projects, such as street improvements, as she sees that many people do not want city water. Hotvet is in favor of keeping the water fund reserves for use on future water issues. She would like to see water main lines placed, and options for assisting families who want to connect to city water. CITY OF SHOREWOOD CITY COUNCIL/STAFF RETREAT March 23, 2013 Page 4 of 7 Zerby does not want to force water on people, but sees this as a long-term, 30-year decision. It will become more expensive to install water main and private wells over time. Zerby likes the current policy of giving people a choice to connect. He thinks the fund based can be adjusted based on past history, and feels that using up to 80% of the reserve funds would be ok, but wants to keep some level of funds available for future water projects. Woodruff believes residents would be in favor of city water, as long as they do not have to pay the assessment. He noted the city can’t afford to do this, as the build out of the entire system is around $26 million. He could support using some of the funds to help subsidize the resident’s fee to connect to city water, and this would encourage usage, which would bring more revenue to the system. At this time, the money in that fund is not being used to expand the system or to help subsidize the connection fee. He indicated he could go either way on the philosophical decision to use a portion of those funds for other city-wide projects. Siakel is not in favor of transferring all of the money from the water fund, but would be supportive of something more balanced. She suggested the city communicate with residents now who have a street reconstruction/water project in, for example, 2018, to alert them to start thinking about/planning for the water connection. By giving this advance notice, residents may be able to financially plan and budget for this, rather than getting a notice just a few months before the project is to occur, which may not be enough time for residents to budget for this expense. Sundberg indicated support for this as well. Woodruff suggested the city also look at the level of satisfaction that residents on city water have with the system, to determine if the city needs to make improvements to the water quality of the current system. Specifics as to what issues may exist are not known, but could include items such as the need for water softening and level of iron/odor. Joynes recapped that he hears Council is open to using a portion of the excess water funds, but to look at other options first, and come back to the water fund to determine the level of commitment. He proceeded with staff Recommendations. Staff Budget Recommendations Joynes reviewed staff recommendations for Council to consider. He noted that all of these items would come back to Council for decision. First is a commitment to have some level of general fund tax levy increase over the next 8 years; a 1.5% to 2% increase would be factored into the budget discussions for 2014. Next is to look at doing sewer, storm sewer and water rate studies, and to have this information available for the 2014 budget discussions. He recommends Council revisit the capital improvement projects to discuss the priority and merit of each. He also indicated there is a need to increase the transfer of funds to equipment-building-technology this year from $58,000 to $160,000 to address safety and liability issues and equipment needs. It is recommended to sell the Country Club Road house; this will come back to Council for action in 2013. Joynes also recommended a review of the road improvement standards. One last item that staff recommends is for Council to adopt a policy that states when non- budget expenditures over $5,000 are made, the funding source is to be identified; this would assist in tracking how those decisions impact the budget. There was consensus from Council to proceed with these recommendations. Engineering Services Direction Joynes reviewed the comparison of the types of Engineer positions from the League of Minnesota Survey, which ranged from a full City Engineer, an Assistant Engineer, and a Project Engineer. It was noted that CITY OF SHOREWOOD CITY COUNCIL/STAFF RETREAT March 23, 2013 Page 5 of 7 Shorewood was the only city in our population range that had a full City Engineer when Mr. Landini was on staff; most cities use consulting engineering services, as we are currently doing with WSB & Associates. He then reviewed the levels of Consulting Engineer positions and the services they provide. Currently, WSB & Associates charges the city $4,000/month for on-site general engineering services, and infrastructure projects would be prepared through them and negotiated on a fee basis. In response to a question from Woodruff, Joynes confirmed the assumption is that we would first go to WSB & Associates for projects. Hotvet noted that Excelsior and Tonka Bay also use WSB & Associates and she likes that engineering services are currently provided to all three cities by one engineering firm. Brown noted that cost-savings do exist when there are programs that all three cities are required to fulfill. In response to a question from Siakel, Joynes indicated that Paul Hornby would be designated as our Engineer, and someone else would be recommended as a back-up. Siakel indicated Mr. Hornby has done a great job so far and noted the importance of having someone with good communication skills in that position. Woodruff noted that in the past, Mr. Gurney of WSB and Associates served as the Engineer for the city, and he also did a great job. It was noted that WSB and Associates is a highly regarded firm. There was Council consensus to proceed with continuing engineering services with WSB and Associates, and to bring this back to Council for approval. Council also agreed to spend a little time today talking about the Southshore Center after the discussion on the Mayor’s suggested priorities. Mayor’s Suggested Priorities Mayor Zerby outlined his personal vision for service opportunities. In the area of self-service, he would like to see the city offer more on-line services such as on-line fill-in forms and a problem-reporting system. He would like to investigate the option of offering more services that can be paid by credit card. This will need to be investigated and a policy established, as there are rules on the fees that are charged for credit card payments. One other area to investigate is how an on-line GIS system can be utilized and made accessible to residents. He would like to see expanded use of the Laserfiche system which was recently upgraded, specifically with the Workflow module, which is not currently being utilized. In general, he noted that we need to look at how we create the file structure and provide training for the information that is collected, stored and retrieved. Woodruff indicated he agrees with these productivity improvements, but wants to make sure those residents who may not have the financial resources or ability to utilize these types of on-line services are not left out of getting the information they need. He also noted that the federal government may have more ADA requirements for on-line services in the future. Woodruff stated that staff needs to identify which on-line services/projects make cost-benefit sense. Joynes indicated staff will put together a needs assessment package of technology-related items for future discussion. Zerby also discussed looking at expanding joint services with the other south lake cities. He thinks this may be possible in the financial services area, which may include utility billing and accounting services; public works equipment planning; planning functions relating to code and transportation plans, and park and recreation planning. Zerby understands that more public discussion at the Council level in all the cities is needed to move forward with some of these shared services. CITY OF SHOREWOOD CITY COUNCIL/STAFF RETREAT March 23, 2013 Page 6 of 7 Joynes noted that when cities are looking at establishing a higher level of cooperation and sharing of services, it works best when there is support from community residents; the residents need bring this to their elected officials for discussion. Woodruff indicated support for shared services as long as there is a benefit to all parties involved. He noted that the opportunities for cooperative operational efficiencies that would produce service and financial benefits could be investigated first. Sundberg also indicated support for opportunities to cooperate with other communities on sharing services. There was general Council consensus and understanding that the other communities need to support opportunities for shared services, and this was an area that could be investigated now, and that the political governance issues will involve longer-term discussions and support from the communities involved, as well as legislative approval. Southshore Center Discussion Administrator Joynes noted that Director Kristi Anderson’s last day at the Center was Friday. Under the current contract, Anderson will receive a commission payout of future booked events. In the short-term, Park and Recreation Coordinator Twila Grout will spend the next couple of months or so at the Center to oversee and get a better understanding of the operations and staffing needs. Staff has talked to Drew Kreisel, who provides custodial and room set-up services and he is willing to provide additional help, if needed. Staff also will look at scheduling some additional support services, likely students, to be on site when programs and events are scheduled in the evening and weekends. This person would be available to answer questions, to make sure the building is locked and secured at the end of the event, and provide a city presence. The scheduled bookings will be maintained without interruptions or much additional cost. The following issues/points about the Southshore Center operations were identified by Council and staff:  The seniors have a committee working to define what operations they want at the Center and the level of staffing support. Their proposal will be brought to Council in 2-3 months.  Mrs. M has expressed an interest in expanding her educational programs and camps.  Joey Nova’s chef has expressed an interest in establishing a catering and event center.  Recommendation to establish a group of users, residents and others who can make a recommendation on the use of the Center, prior to 2014 budget discussions.  Consider hiring a summer paid internship for one or two people; ex: someone from University of Minnesota, a Parks and Recreation student. Perhaps they could also be responsible for a South Lake Parks and Recreation website, as discussed at the recent joint cities Park Board meeting.  Put the Southshore Center under the Parks umbrella.  Some support for a “South Lake Park and Recreation Coordinator”.  Recommendation to seek professional help from people who know what other cities have done with their community centers; someone who can provide fresh, creative ideas. Start with a clean slate to consider all possibilities.  Hire an outside consulting service to assess community-wide resources/services. Interview key players.  Survey residents and users on desired uses.  Contact the Minnesota Park and Recreation Association to seek input from Community Center Directors or others who can advise us.  Talk to neighboring community centers to get feedback from them. CITY OF SHOREWOOD CITY COUNCIL/STAFF RETREAT March 23, 2013 Page 7 of 7  Can we get support from other area cities? (Excelsior, Tonka Bay, Deephaven, Greenwood) It was decided to have a work session in a month or so to continue discussion about the Southshore Center, and to invite Twila Grout to attend the meeting in order to get her feedback on the activities and operations at the Center during her oversight. Council - Staff Communications Joynes asked Council for feedback on how communications are going between Council and staff. He stated that a general guideline is that Council may request information directly from staff, as long as it’s a non-monetary request and routine in nature. If the request requires staff time, it should go through the Administrator, as the use of funds or staff resources needs Council approval. Zerby indicated he appreciates a 24-hour response during business hours, even if it is just acknowledgement that the message has been received and staff is working on gathering information. Council discussed various projects and expressed the need for updates on items such as the emerald ash borer/tree survey project; traffic/speeding issues; the organics recycling program; and the Christmas Lake boat launch inspections. Options for updates included a bi-weekly written report or verbal reports at the Council meetings. It was decided that staff would provide more detailed verbal reports on projects at the Council meetings. Siakel asked how staff handles emails from residents that come to the city and that Council is copied on. Joynes stated that staff will respond to those, and that response will go to Council. If no response is warranted, staff will let Council know this. ADJOURN Woodruff moved, Hotvet seconded, Adjourning the City Council / Staff Retreat of March 23, 2013, at 1:38 P.M. Motion passed 5/0. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk COUNCIL ACTION FORM Department Council Meeting Item Number Finance April 22, 2013 3A Item Description: Verified Claims From: Michelle Nguyen Bruce DeJong Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 54207 through 54247 totaling $478,243.71. Staff Recommendation Staff recommends approval of the claims list. 4/18/2013 10:59 AM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 4/09/2013 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 00051 EFTPS - FEDERAL W/H D 4/09/2013 000000 10,099.36 00092 MN DEPT OF REVENUE D 4/09/2013 000000 1,709.20 20005 WELLS FARGO HEALTH BENEFIT SVC D 4/09/2013 000000 1,363.05 00086 AFSCME COUNCIL 5 - UNION R 4/09/2013 054207 308.32 00053 ICMA RETIREMENT TRUST-302131-4 R 4/09/2013 054208 1,211.21 16625 NCPERS MINNESOTA R 4/09/2013 054209 32.00 00052 PERA R 4/09/2013 054210 5,994.23 1 ALEX AIR APPARATUS, INC R 4/15/2013 054212 318.74 1 CUSTOM FAB & BODY LLC R 4/15/2013 054213 225,730.00 29487 JEFFERSON FIRE & SAFETY, INC. R 4/15/2013 054214 4,811.55 1 MES-MIDAM R 4/15/2013 054215 756.26 29479 SOUTHWEST POWER EQUIPMENT R 4/15/2013 054216 1,200.00 00700 ABDO, EICK & MEYERS, LLP R 4/22/2013 054217 4,300.00 29412 BUDGET PRINTING AND AWARDS R 4/22/2013 054218 219.31 04081 CARQUEST AUTO PARTS R 4/22/2013 054219 14.84 17300 CENTERPOINT ENERGY R 4/22/2013 054220 1,646.60 26100 CENTURY LINK R 4/22/2013 054221 551.82 07600 CITY OF EXCELSIOR R 4/22/2013 054222 1,000.00 24600 CITY OF TONKA BAY R 4/22/2013 054223 974.96 29278 CLASSIC CLEANING COMPANY R 4/22/2013 054224 844.31 05885 CULLIGAN BOTTLED WATER R 4/22/2013 054225 89.87 06630 DEPT OF EMPLOYMENT & ECON DEV R 4/22/2013 054226 4,976.37 4/18/2013 10:59 AM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 4/09/2013 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 10506 HENN CTY INFO TECHNOLOGY DEPT R 4/22/2013 054227 63.60 10503 HENNEPIN COUNTY TAXPAYER SERVI R 4/22/2013 054228 1,774.59 29426 HOMEHELP R 4/22/2013 054229 84.00 11375 J & R COMPLETE AUTO & RADIATOR R 4/22/2013 054230 598.36 1 KVENDRU DERICK R 4/22/2013 054231 2,000.00 13300 LEAGUE OF MINNESOTA CITIES R 4/22/2013 054232 295.00 21340 LOCAL LINK R 4/22/2013 054233 69.95 15050 MEDIACOM R 4/22/2013 054234 69.95 00079 MEDICA R 4/22/2013 054235 15,934.13 15300 METRO SALES, INC. R 4/22/2013 054236 1,042.42 29323 MINNETONKA GIRLS SOFTBALL ASSO R 4/22/2013 054237 60.00 15900 OFFICE DEPOT R 4/22/2013 054238 40.91 1350 PRUDENTIAL GROUP INSURANCE R 4/22/2013 054239 696.81 29488 RECYCLING ASSOCIATION OF MINNE R 4/22/2013 054240 150.00 22482 SAM'S CLUB R 4/22/2013 054241 348.84 22950 SHOREWOOD TRUE VALUE R 4/22/2013 054242 35.75 23500 SO LK MTKA POLICE DEPT R 4/22/2013 054243 84,483.01 17050 STATE OF MN-MN DEPT OF HEALTH R 4/22/2013 054244 2,132.00 29455 SWANK MOTION PICTURES, INC. R 4/22/2013 054245 397.99 29434 TITAN MACHINERY R 4/22/2013 054246 8,899.48 19800 XCEL ENERGY R 4/22/2013 054247 11.24 00085 MINNESOTA LIFE E 4/22/2013 999999 345.62 4/18/2013 10:59 AM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 4/09/2013 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 00087 AFSCME CO 5 MEMBERS HEALTH FUN E 4/22/2013 999999 408.00 13525 LINK, CLARE T. E 4/22/2013 999999 220.00 15500 METRO COUNCIL ENVMT(WASTEWATER E 4/22/2013 999999 44,115.52 15885 MIDWEST MAILING SYSTEMS, INC. E 4/10/2013 999999 525.00 15885 MIDWEST MAILING SYSTEMS, INC. E 4/22/2013 999999 887.63 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 40 374,168.42 0.00 374,168.42 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 3 13,171.61 0.00 13,171.61 EFT: 6 46,501.77 0.00 46,501.77 NON CHECKS: 0 0.00 0.00 0.00 VOID CHECKS: 0 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 49 433,841.80 0.00 433,841.80 BANK: 1 TOTALS: 49 433,841.80 0.00 433,841.80 REPORT TOTALS: 50 433,841.80 0.00 433,841.80 04-18-2013 10:58 AM C O U N C I L REPORT BY VENDOR - APRIL 22, 2013 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ ABDO, EICK & MEYERS, LLP 4/22/13 AUDIT SVC General Fund Professional Svcs 4,300.00_ TOTAL: 4,300.00 AFSCME CO 5 MEMBERS HEALTH FUND 4/22/13 CHARLIES DAVIS General Fund Unallocated Expenses 51.00 4/22/13 GREG FASCHING General Fund Unallocated Expenses 51.00 4/22/13 JOSEPH LUGOWSKI General Fund Unallocated Expenses 51.00 4/22/13 BRADLEY MASON General Fund Unallocated Expenses 51.00 4/22/13 CHRISTOPHER POUNDER General Fund Unallocated Expenses 51.00 4/22/13 DANIEL RANDALL General Fund Unallocated Expenses 51.00 4/22/13 BRUCE STARK General Fund Unallocated Expenses 51.00 4/22/13 TERRY TOWER General Fund Unallocated Expenses 51.00_ TOTAL: 408.00 AFSCME COUNCIL 5 - UNION 4/09/13 P/R DEDUCTS - APRIL UNION General Fund NON-DEPARTMENTAL 308.32_ TOTAL: 308.32 BUDGET PRINTING AND AWARDS 4/22/13 PLAQUES & NAME PLATES General Fund Council 219.31_ TOTAL: 219.31 CARQUEST AUTO PARTS 4/22/13 HOSE CLAMPS & HARDWARE General Fund Public Works 14.84_ TOTAL: 14.84 CENTERPOINT ENERGY 4/22/13 5755 CTRY CLUB RD General Fund Municipal Buildings 215.73 4/22/13 24200 SMITHTOWN RD General Fund Public Works 792.85 4/22/13 5745 CTRY CLB RD & 25200 H General Fund Park Maintenance 314.76 4/22/13 20405 KNIGHTSBRIDGE RD Water Utility Water 105.57 4/22/13 28125 BOULDER BRIDGE DR Water Utility Water 217.69_ TOTAL: 1,646.60 CENTURY LINK 4/22/13 612-E45-1785 Water Utility Water 315.39 4/22/13 612-E45-8019 Water Utility Water 236.43_ TOTAL: 551.82 CITY OF EXCELSIOR 4/22/13 2013 CONCERTS IN THE PARK General Fund Recreation 1,000.00_ TOTAL: 1,000.00 CITY OF TONKA BAY 4/22/13 WATER Water Utility Water 590.45 4/22/13 SEWER Sanitary Sewer Uti Sewer 384.51_ TOTAL: 974.96 CLASSIC CLEANING COMPANY 4/22/13 C.H. SVC General Fund Municipal Buildings 529.03 4/22/13 P.W. SVC General Fund Public Works 315.28_ TOTAL: 844.31 CULLIGAN BOTTLED WATER 4/22/13 5755 CTRY CLUB RD-DRINKING General Fund Municipal Buildings 89.87_ TOTAL: 89.87 DEPT OF EMPLOYMENT & ECON DEV 4/22/13 PAMELA HELLING General Fund Administration 4,976.37_ TOTAL: 4,976.37 EFTPS - FEDERAL W/H 4/09/13 FEDERAL W/H General Fund NON-DEPARTMENTAL 3,791.08 4/09/13 FICA W/H General Fund NON-DEPARTMENTAL 2,556.30 4/09/13 MEDICARE W/H General Fund NON-DEPARTMENTAL 597.84 4/09/13 FICA W/H General Fund Administration 400.96 4/09/13 MEDICARE W/H General Fund Administration 93.78 4/09/13 FICA W/H General Fund Finance 217.12 04-18-2013 10:58 AM C O U N C I L REPORT BY VENDOR - APRIL 22, 2013 PAGE: 2 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ 4/09/13 MEDICARE W/H General Fund Finance 50.77 4/09/13 FICA W/H General Fund Planning 298.55 4/09/13 MEDICARE W/H General Fund Planning 69.83 4/09/13 FICA W/H General Fund Protective Inspections 169.98 4/09/13 MEDICARE W/H General Fund Protective Inspections 39.75 4/09/13 FICA W/H General Fund Public Works 919.95 4/09/13 MEDICARE W/H General Fund Public Works 215.14 4/09/13 FICA W/H General Fund Park Maintenance 40.92 4/09/13 MEDICARE W/H General Fund Park Maintenance 9.57 4/09/13 FICA W/H General Fund Recreation 63.83 4/09/13 MEDICARE W/H General Fund Recreation 14.93 4/09/13 FICA W/H Southshore Communi Senior Community Cente 64.30 4/09/13 MEDICARE W/H Southshore Communi Senior Community Cente 15.04 4/09/13 FICA W/H Water Utility Water 126.16 4/09/13 MEDICARE W/H Water Utility Water 29.50 4/09/13 FICA W/H Sanitary Sewer Uti Sewer 142.22 4/09/13 MEDICARE W/H Sanitary Sewer Uti Sewer 33.27 4/09/13 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 112.31 4/09/13 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 26.26_ TOTAL: 10,099.36 HENN CTY INFO TECHNOLOGY DEPT 4/22/13 MAR 800MHZ RADIO General Fund Public Works 63.60_ TOTAL: 63.60 HENNEPIN COUNTY TAXPAYER SERVICES 4/22/13 5795 CTRY CLB RD-331172314 Community Infrastr Community Infrastructu 1,774.59_ TOTAL: 1,774.59 HOMEHELP 4/22/13 TABLECLOTHS Southshore Communi Senior Community Cente 84.00_ TOTAL: 84.00 ICMA RETIREMENT TRUST-302131-457 4/09/13 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 1,185.96 4/09/13 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 25.25_ TOTAL: 1,211.21 J & R COMPLETE AUTO & RADIATOR 4/22/13 REPLACE RADIATOR General Fund Public Works 598.36_ TOTAL: 598.36 JEFFERSON FIRE & SAFETY, INC. 4/15/13 NEW TRUCK PARTS Equipment Replacem NON-DEPARTMENTAL 4,811.55_ TOTAL: 4,811.55 LEAGUE OF MINNESOTA CITIES 4/22/13 2013 CONF & MRKTPL WOODRU General Fund Council 295.00_ TOTAL: 295.00 LINK, CLARE T. 4/22/13 PARK COMM MTG 04/09/13 General Fund Recreation 220.00_ TOTAL: 220.00 LOCAL LINK 4/22/13 ADSL(QST) - BUSINESS 3M/89 General Fund Municipal Buildings 69.95_ TOTAL: 69.95 MEDIACOM 4/22/13 5375 COUNTRY CLUB RD - SSC Southshore Communi Senior Community Cente 69.95_ TOTAL: 69.95 MEDICA 4/22/13 MEDICAL PREMIUM General Fund Unallocated Expenses 15,934.13_ TOTAL: 15,934.13 METRO COUNCIL ENVMT(WASTEWATER) 4/22/13 MAY WASTEWATER SVC Sanitary Sewer Uti Sewer 44,115.52 04-18-2013 10:58 AM C O U N C I L REPORT BY VENDOR - APRIL 22, 2013 PAGE: 3 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ _______________ TOTAL: 44,115.52 METRO SALES, INC. 4/22/13 C3002 MAINT- SALES TAX ONL General Fund Municipal Buildings 32.96 4/22/13 PW COPIER MAINT General Fund Municipal Buildings 321.83 4/22/13 PD IN FULL AMT- INV NO 501 General Fund Municipal Buildings 385.12- 4/22/13 MP2000 DIGITAL Equipment Replacem Equipment Replacement 1,072.75_ TOTAL: 1,042.42 MIDWEST MAILING SYSTEMS, INC. 4/22/13 MAY NEWSLETTERS POSTAGE General Fund Administration 500.00 4/10/13 ORGANICS FLYER Recycling Utility Recycling 525.00 4/22/13 ORGANICS BROUCHURE-POSTAGE Recycling Utility Recycling 12.64 4/22/13 ORGANICS BROUCHURE SVC Recycling Utility Recycling 374.99_ TOTAL: 1,412.63 MINNESOTA LIFE 4/22/13 MAY LIFE PREM General Fund Unallocated Expenses 345.62_ TOTAL: 345.62 MINNETONKA GIRLS SOFTBALL ASSOCIATION 4/22/13 SPRING USERS OVERPAID General Fund NON-DEPARTMENTAL 60.00_ TOTAL: 60.00 MISC. VENDOR ALEX AIR APPARATUS, IN 4/15/13 KOCHEK S54R545 - INVOICE 2 Equipment Replacem NON-DEPARTMENTAL 318.74 CUSTOM FAB & BODY LLC 4/15/13 PUMPER/TANKER-SPARTRAN MFD Equipment Replacem NON-DEPARTMENTAL 225,730.00 KVENDRU DERICK 4/22/13 24600 WILTSEY LN-ESCROW RE Escrow Deposit Age NON-DEPARTMENTAL 2,000.00 MES-MIDAM 4/15/13 NEW TRUCK Equipment Replacem NON-DEPARTMENTAL 756.26_ TOTAL: 228,805.00 MN DEPT OF REVENUE 4/09/13 STATE W/H General Fund NON-DEPARTMENTAL 1,709.20_ TOTAL: 1,709.20 NCPERS MINNESOTA 4/09/13 UNIT #762400 -APRIL LIFE General Fund NON-DEPARTMENTAL 32.00_ TOTAL: 32.00 OFFICE DEPOT 4/22/13 GEN OFFICE SUPPLIES General Fund Planning 15.41 4/22/13 GEN OFFICE SUPPLIES General Fund Public Works 25.50_ TOTAL: 40.91 PERA 4/09/13 P/R DEDUCTS-PERA General Fund NON-DEPARTMENTAL 2,775.11 4/09/13 P/R DEDUCTS-PERA General Fund Administration 473.91 4/09/13 P/R DEDUCTS-PERA General Fund Finance 270.92 4/09/13 P/R DEDUCTS-PERA General Fund Planning 396.44 4/09/13 P/R DEDUCTS-PERA General Fund Protective Inspections 236.32 4/09/13 P/R DEDUCTS-PERA General Fund Public Works 1,166.58 4/09/13 P/R DEDUCTS-PERA General Fund Park Maintenance 54.48 4/09/13 P/R DEDUCTS-PERA General Fund Recreation 74.64 4/09/13 P/R DEDUCTS-PERA Southshore Communi Senior Community Cente 75.19 4/09/13 P/R DEDUCTS-PERA Water Utility Water 157.00 4/09/13 P/R DEDUCTS-PERA Sanitary Sewer Uti Sewer 176.29 4/09/13 P/R DEDUCTS-PERA Stormwater Managem STORMWATER MANAGEMENT 137.35_ TOTAL: 5,994.23 PRUDENTIAL GROUP INSURANCE 4/22/13 MAY LIFE PREM General Fund Unallocated Expenses 696.81_ TOTAL: 696.81 RECYCLING ASSOCIATION OF MINNESOTA 4/22/13 2013 MEMBERSHIP-JULIE MOOR Recycling Utility Recycling 150.00_ TOTAL: 150.00 04-18-2013 10:58 AM C O U N C I L REPORT BY VENDOR - APRIL 22, 2013 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ SAM'S CLUB 4/22/13 CITY HALL General Fund Municipal Buildings 71.29 4/22/13 PUBLIC WORK General Fund Public Works 277.55_ TOTAL: 348.84 SHOREWOOD TRUE VALUE 4/22/13 ROOF DRIAN REPAIR General Fund Public Works 35.75_ TOTAL: 35.75 SO LK MTKA POLICE DEPT 4/22/13 1ST QTR COURT OVERTIME General Fund Police Protection 64.01 4/22/13 OPERATING BUDGET EXPENSE General Fund Police Protection 84,419.00_ TOTAL: 84,483.01 SOUTHWEST POWER EQUIPMENT 4/15/13 LIGHTS FOR NEW TRUCK Equipment Replacem NON-DEPARTMENTAL 1,200.00_ TOTAL: 1,200.00 STATE OF MN-MN DEPT OF HEALTH 4/22/13 1ST QTR STATE SURCHARGE Water Utility NON-DEPARTMENTAL 2,132.00_ TOTAL: 2,132.00 SWANK MOTION PICTURES, INC. 4/22/13 THE ODD LIFE OF TIM GREEN General Fund Recreation 397.99_ TOTAL: 397.99 TITAN MACHINERY 4/22/13 BLOWER REPLACE -CIP Equipment Replacem Equipment Replacement 8,899.48_ TOTAL: 8,899.48 WELLS FARGO HEALTH BENEFIT SVCS 4/09/13 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 1,363.05_ TOTAL: 1,363.05 XCEL ENERGY 4/22/13 5655 MERRY LANE General Fund Park Maintenance 11.24_ TOTAL: 11.24 **PAYROLL EXPENSES 4/08/2013 - 99/99/9999 General Fund Administration 6,536.81 General Fund Finance 3,736.88 General Fund Planning 5,468.17 General Fund Protective Inspections 3,259.70 General Fund Public Works 16,090.79 General Fund Park Maintenance 751.52 General Fund Recreation 1,029.58 Southshore Communi Senior Community Cente 1,036.95 Water Utility Water 2,165.61 Sanitary Sewer Uti Sewer 2,431.49 Stormwater Managem STORMWATER MANAGEMENT 1,894.41_ TOTAL: 44,401.91 04-18-2013 10:58 AM C O U N C I L REPORT BY VENDOR - APRIL 22, 2013 PAGE: 5 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ =============== FUND TOTALS ================ 101 General Fund 173,742.85 403 Equipment Replacement 242,788.78 450 Community Infrastructure 1,774.59 490 Southshore Community Ctr. 1,345.43 601 Water Utility 6,075.80 611 Sanitary Sewer Utility 47,283.30 621 Recycling Utility 1,062.63 631 Stormwater ManagementUtil 2,170.33 880 Escrow Deposit Agency 2,000.00 -------------------------------------------- GRAND TOTAL: 478,243.71 -------------------------------------------- TOTAL PAGES: 5 Agreement No. PW 52 -46 -12 County Project No. 1232 County State Aid Highway No. 19 City of Shorewood County of Hennepin COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 2013 by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County ", and the City of Shorewood, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, the City is proposing to constrict a new sidewalk along the east side of County State Aid Highway No. (CSAH) 19 (Manitou Road) between Smithtown Road and the Lake Minnetonka LRT Trail, as shown on the plans the City Project Number (County Project Number 1232), hereinafter referred to as the "Project'; and WHEREAS, the above described Project lies within the corporate limits of the City; and WHEREAS, the City or its agents shall be responsible to develop the plans and specifications for the Project; and WHEREAS, the City has requested that the County approve said plans and specifications, and the County has indicated its willingness to approve said plans and specifications; and WHEREAS, the City or its agents shall be responsible for administering constriction of the Project and has adequate personnel available to perform the constriction staking, testing, inspection and development of as -built plans required on the Project; and WHEREAS, the County will participate in its share of the costs to constrict the sidewalk along CSAH 19 as set forth herein; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: -1- Agreement No. PW 52 -46 -12 CSAH 19, C.P. 1232 The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of said plans and specifications from the County; advertise for bids for the work and constriction; receive and open bids pursuant to said advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and, perform the required engineering and inspection; all in accordance with said plans and specifications. The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. Said plans and specifications shall conform to Minnesota Department of Transportation (Mn/DOT) Design Standards applicable to County State Aid Highways and to the requirements of the American with Disabilities Act (ADA). II Prior to beginning constriction, the City shall furnish the County with two (2) complete sets of County approved plans and specifications for said Project. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as -built plans certified as to their accuracy by the City's Project Engineer. Said as- designed plans, specifications and as -built plans for the Project shall be furnished by the City at no cost to the County. III The City or its agents shall administer the constriction contract and perform all required engineering, inspection and testing. All constriction and materials sampling and testing for the Project shall be accomplished in accordance with all applicable standards and requirements of the Minnesota Department of Transportation's (Mn/DOT) State Aid for Local Transportation Division in effect at the time of Contract award. The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall be obtained prior to the start of any constriction and made available to the County upon request. It is understood and agreed by the City that constriction of the Project shall be completed to the satisfaction of the County within three years of the date this agreement has been signed by the parties hereto. IV The constriction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the County approved plans and specifications. The County Engineer and representative staff shall have the -2- Agreement No. PW 52 -46 -12 CSAH 19, C.P. 1232 right, as the work progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract constriction which are reasonably necessary to cause said constriction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional constriction or constriction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County Engineer or designated representative on said change orders or supplemental agreements. The County will respond to the City's request for approvals within seven (7) calendar days. V The City or its agents shall acquire all additional right of way, permits and /or easements required for the constriction of said Project, at no cost to the County. Upon completion of this Project, all permanent right of way acquired for CSAH 19 as provided herein shall be conveyed to the County by the City with no consideration required. VI The County will participate in the costs to constrict the Project. The County's cost participation share in the constriction costs for the sidewalk shall be twenty five (25) percent. The City understands and agrees that the County's total cost participation for the Project shall not exceed Eighteen Thousand Dollars and No Cents ($18,000.00) without an amendment to this Agreement. After an award by the City to the successful bidder on the Project, the City shall invoice the County for ninety five (95) percent of the County's participating share of the constriction costs for the Project. The remainder of the County's share of the constriction costs will be due the City upon the completion of the Project, and upon review and approval of the Project by the County Engineer or designated representative. Upon approval of the Project by the County Engineer or designated representative the City shall submit its final invoice to the County. The County will within forty five (45) days of said invoices, deposit with the City fiends totaling the amount of the invoice. Agreement No. PW 52 -46 -12 CSAH 19, C.P. 1232 VIII It is understood and agreed by the parties hereto that upon completion of the Project, the sidewalk included in the Project shall be maintained by the City and all maintenance, restoration or repair required thereafter shall be performed by the City at no expense to the County. IX All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. X Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability is governed by the provisions of Minnesota Statutes, Chapter 466. The County and the City each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self- insurance program. XI The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the City, its contractors, anyone directly or indirectly employed by them, and /or anyone for whose acts and /or omissions they may be liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constricted as part of the Project. The City's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and /or anyone for whose acts and /or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constricted as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. XII -4- Agreement No. PW 52 -46 -12 CSAH 19, C.P. 1232 The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 19 as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and /or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits General Aggregate $2,000,000 Products -- Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non - owned, and hired automobiles: $1,000,000 Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability - Bodily injury by: Accident - Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee $500,000 4. Professional Liability — Per Claim $1,500,000 - 5 - Aggregate Agreement No. PW 52 -46 -12 CSAH 19, C.P. 1232 $2,000,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. XIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIV In order to coordinate the services of the County with the activities of the City so as to accomplish the purposes of this Agreement, the Hennepin County Engineer or designated representative shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. In order to coordinate the services of the City with the activities of the County so as to accomplish the purposes of this Agreement, the City Engineer or designated representative shall manage this Agreement on behalf of the City and serve as liaison between the City and the County. -6- Agreement No. PW 52 -46 -12 CSAH 19, C.P. 1232 XV It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. XVI The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XVII The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. (this space left intentionally blank) -7- Agreement No. PW 52 -46 -12 CSAH 19, C.P. 1232 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHOREWOOD (Seal) ATTEST: By: Deputy /Clerk of the County Board Date: APPROVED AS TO FORM: Bv: Assistant County Attorney Date: By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN By: Chair of its County Board Date: And: County Administrator Date: And: Assistant County Administrator, Public Works APPROVED AS TO EXECUTION: By: Assistant County Attorney Date RECOMMENDED FOR APPROVAL By: Director, Transportation Department and County Engineer Date: Date: 3C # MEETING TYPE Regular City of Shorewood Council Meeting Item Meeting Title / Subject: Accept Donation from American Legion Meeting Date: April 22, 2013 Prepared by: Bruce DeJong Policy Consideration: All donations to the City of Shorewood must be accepted by the City Council. Background: The American Legion has sent a check for $250 to the City of Shorewood to sponsor Safety Camp. The contribution is a voluntary payment and they have donated a similar amount in previous years. The funding is restricted for Safety Camp expenses.. Financial or Budget Considerations: These donations help to cover basic service provision by the city. Options: The City Council can choose to: 1.Accept the donation, or 2.Reject the donation. Recommendation / Action Requested: Staff recommends that the donation be accepted with thanks to the American Legion. 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 #7A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, APRIL 9, 2013 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Quinlan convened the meeting at 7:00 p.m. A. Roll Call Present: Chair Quinlan; Commissioners Kjolhaug, Hartmann, Mangold, Dietz, and ; SawtellCity Council Liaison Siatek; City Planner Nielsen Absent: Edmondson B. Review Agenda C. Introduction of New Park Commissioner John Sawtell Commissioner Sawtell was welcomed to the Commission. He gave a background on his interests and why he desires to be a member. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of March 12, 2013 Commissioner Mangold moved to approve the minutes of the March 12, 2013 meeting as amended: Item 7, Quinlan supported allowing consumption of alcohol and not consumption and sales; Kjolhaug requested the motion for garden be changed to recommend putting in the gardens with details worked out at future meetings. Kjolhaug seconded the motion. Motion carried. 3. MATTERS FROM THE FLOOR There were none. 4. BADGER PARK Quinlan stated an additional sketch has been provided of a possible final concept for the Badger Park design. Nielsen stated the current master plan was reviewed at the last meeting. There were questions at the time of the value of some of the amenities. There was discussion about the hockey rink, and the consensus is to not include a hockey rink in the final design. He reviewed the design plan which would include enhancing the connection from City Hall to the Southshore Center, enhance screening along the north side of the park, provide a perimeter trail around the park, remove the hockey rink, and leave the tennis courts where they currently exist. He reviewed a proposed sketch which would reconfigure the parking lot to straighten out the driveway back to the Center. A focal point would be created, the play field would remain, and play structures would be improved. He reviewed another design which would reconfigure the play field, change the location of the walkway to the Center, locate a picnic area north of the walkway, and add additional parking closer to the Center. Nielsen noted the Council will be discussing PARK COMMISSION MINUTES TUESDAY, APRIL 9, 2013 5 PAGE 2 OF the future of the Center, and lack of parking has always been an issue. He stated straightening out the driveway connection to the Center makes a lot of sense and will provide more visibility for the Center. He stated the second design also makes space available for open skating and a shelter area. Quinlan asked if there is an issue with an east/west facing field with the sun. Nielsen stated it doesn’t make any difference with a ball or playfield. He stated by the time the organized games are in session, the sun is at a lower angle. Quinlan noted the second design would involve moving the lights. Nielsen agreed noting it could be costly. Nielsen stated he didn’t think the picnic area needs to be a large area. Quinlan asked if the path would be a green path. Nielsen stated it would need to be some kind of a surface. He stated he pictured something a little bit wider that is landscaped. Hartmann asked where the bathrooms would be located. Nielsen noted the location in both designs. Mangold asked if the restrooms at the Center could be used. Nielsen stated they are used when it is open. He noted it is a bit of a conflict at times. He stated something convenient to the park is preferred. In response to a question from Dietz, Nielsen identified the location of a focal point in the second design. Nielsen stated the most expensive part of the design is adding additional parking. He also discussed moving the lights and creating a drainage plan for the site. Quinlan believed the second design pulls the Center more into the area to make a more unified area. Nielsen stated if the second design is preferred, staff can begin working on more details and pulling it together to present to the City Council. Quinlan stated more information is needed on where open skating would be located and where restrooms would be located. Quinlan asked if anyone preferred the first design. Hartmann asked if input is needed from the football league. Nielsen stated they will be contacted. For the benefit of Commissioner Sawtell, Nielsen gave a background on the history of the Badger Park master plan. Dietz stated if hard surface is added for the parking, could the water feature be expanded? Nielsen stated it will be done as it is a Watershed rule obligation. Dietz stated it would be interesting to have more art features along the walkway as well. Mangold asked if the free skate could be on the pond. Nielsen stated some kind of shelter would be needed which is a possibility. Mangold noted the last two light fixtures could probably hit the pond as well. Quinlan stated additional information should also be provided on how much it would cost to relocate the field, move the lights, and add more parking. Nielsen discussed the size of the field and noted it is about as small as they make a football field. He stated he would start refining the second design. He stated the access to the Center would be straightened, a walkway added to connect, and elements added along the walkway. Quinlan noted Badger would be one of the first parks toured in May. Hartmann asked that the Watershed District be involved so we can get grant money. She discussed her concerns about building on a wetland and resulting issues which result with the ground. Kjolhaug stated we need to continue discussion of where the hockey rink will be moved as part of this discussion. Nielsen discussed the future of joining forces with Tonka Bay. PARK COMMISSION MINUTES TUESDAY, APRIL 9, 2013 5 PAGE 3 OF Quinlan asked if a public hearing is required for any changes to the park. Nielsen stated it would require a change to an existing conditional use, and a public hearing would be required. Quinlan stated a meeting would be needed with the affected sports groups. Nielsen stated an informal neighborhood meeting would also be recommended. 5. SOLICIT EAGLE SCOUT PROJECTS Quinlan stated he would like to revisit the projects that were initiated last year and find out if there are any other scouts interested in volunteering this year. He stated he would also like recommendations for new projects. Nielsen stated there haven’t been any new volunteers this year. Mangold recommended a list be prepared of projects that meet the scouts’ criteria. Commissioners discussed possible projects based on the project list. The rain garden at the city-owned house, buckthorn removal and fire hydrant refurbish/painting were removed from the list. Quinlan suggested scout troops be contacted to seek volunteers. 6. DETERMINE DATES FOR PARK TOURS Quinlan stated park tours would be held prior to the meetings in May and June. Nielsen stated Gideon Glen would be visited in June to allow time for the parking lot sketch to be completed. It was also suggested the recording secretary attend the park tours to take notes of discussions. 7. FREEMAN PARK BALLFIELD NO. 2 FENCE PROPOSAL Quinlan reviewed the proposal for a taller fence at the Freeman Park ball field. Nielsen discussed the need for a taller fence. Quinlan suggested the league be contacted for possible cost sharing opportunities. Sawtell felt a 12’ fence was exceptionally tall. Dietz asked why a portion of the fence was being removed. Nielsen stated it is in disrepair. Quinlan suggested a 10’ fence be suggested. Commissioners discussed the proposal. Nielsen stated more detail is needed showing a plan for what is being taken out. A proposal can be provided to Babe Ruth stating we will pay for up to 6’. Quinlan asked for confirmation of the height and length required and what needs to be done to contact the league for financial help. Nielsen stated he would also like to have a plan showing where the fences are located. 8. SUMMER SOUTHSHORE COMMUNITY CENTER ACTIVITIES Quinlan reviewed the activities planned at the Southshore Center. Nielsen encouraged Commissioners to attend the Hoe Down on May 31. Quinlan asked for posters to promote the event. 9. COMMUNITY GARDEN AT FREEMAN PARK Quinlan discussed plans for a community garden at Freeman Park. We needed additional information on the actual location and relationship to the parking lot. Nielsen noted staff is recommending a 25 x 50 plot adjacent to the parking lot in the sunniest spot. He stated the location is limited due to existing trees and the topography. He stated there is a possible connection to water in the parking lot. He noted the skate park site is completely sold out, and four sites are sold in this site. He noted a couple of them are from Excelsior because the soil is better at the Shorewood site. Sawtell asked where the money goes. Nielsen stated it goes into the Park Fund. Commissioners discussed water availability this season. Nielsen noted rain barrels would be used. PARK COMMISSION MINUTES TUESDAY, APRIL 9, 2013 5 PAGE 4 OF Commissioner Sawtell moved to recommend approval of the community garden location at Freeman Park. Mangold seconded the motion. Motion carried. 10. DISCUSS SERVING ALCOHOL IN THE PARKS FOR AN EVENT Quinlan stated the Commission discussed allowing the consumption of alcohol at park events and/or allowing the sale of same. Staff was directed to get additional information on liability issues, etc. He noted the City Code would need to be amended to allow alcohol in the parks, dram shop insurance would need to be amended as well. Nielsen stated the first decision is whether there should be alcohol allowed in the parks first of all. Quinlan asked for the Commission’s input. Sawtell asked if there has been any feedback from the community that not having alcohol in the park is a problem. Quinlan stated people do it even though it isn’t allowed. He was unaware if there has been any feedback. Nielsen stated the topic came up because of the Hoe Down and a way of enhancing the event. He agreed there are people who are drinking in the parks already. Sawtell was concerned about allowing it at one event and not another. Dietz was concerned that security was not needed when alcohol is sold at a public event. He was concerned about issues that would arise. Mangold didn’t believe this was the same atmosphere as Excelsior Commons where alcohol sales would be more appropriate. Siakel suggested limiting the sale to just one park or just one event. Quinlan stated he was not in favor of having alcohol sales but did support bringing their own alcohol. Quinlan asked for a roll call of the following choices: Keep it the same – no sale or consumption; allow consumption at specified events/locations; or allow for sale or consumption. Sawtell - leave it the same, Mangold – leave it the same, Hartmann – leave it the same, Quinlan – consumption only, Kjolhaug – sale and consumption; Dietz – only sell it, no consumption. Siakel stated she could see the sale at specific events. This item will be discussed at the May meeting. Staff was directed to get additional information on when security would be needed. Nielsen discussed the ordinance amendment process. 11. DETERMINE LIAISONS FOR CITY COUNCIL MEETINGS Liaison assignments were made for City Council meetings: April - Steve Dietz May – Linda Hartmann June – Mark Kjolhaug July – John Sawtell August – Steve Quinlan September – Justin Mangold October – Bob Edmondson November – Steve Dietz 12. NEW BUSINESS Hartmann asked if there is any policy on the use of social media by people who are serving on City committees. Nielsen discussed data practices and the use of cell phones or computers for City business. He stated he would get more information on the impact on volunteer commissions. 13. STAFF AND LIAISON REPORTS/UPDATES A. City Council PARK COMMISSION MINUTES TUESDAY, APRIL 9, 2013 5 PAGE 5 OF Nielsen stated the City will donate $1000 for Music in the Park in Excelsior. B. Staff Nielsen stated Shorewood will add a tab for Southshore Center events on their website. A map is being prepared showing all the parks in the area as well. Siakel noted a Council retreat will be held to discuss the future of the Southshore Center. The work program activity was reviewed. Nielsen noted the versa-court will be striped for pickle ball. Kjolhaug suggested the parking lot at Gideon Glen be completed prior to the start of the school year. 14. ADJOURN Hartmann moved, Mangold seconded, to adjourn the Park Commission Meeting of April 9, 2013, at 9:19 p.m. Motion carried. RESPECTFULLY SUBMITTED, Clare T. Link Recorder MEMORANDUM Date: April 18, 2013 To: Mayor Zerby Council Members From: Bruce DeJong, Finance Director Re: December, 2012 Monthly Budget Report ______________________________________________________________ The 2012 General Fund budget has come out nearly equal in total with revenues of $5,254,952 exceeding expenditures of $5,254,580. This surplus means that there is reduction in fund balance for 2012 – we actually add $372. The audit firm of Abdo Eick & Meyers is here this week performing field work for the audit and these results are subject to change based on audit adjustments. GENERAL FUND REVENUES Revenues exceeded budget by $118,557.  License and permit revenues exceeded budget by $65,886 for the full year.  Charges for services are higher primarily based on pass-through charges which are incurred when a development incurs costs for professional services that the city pays and then bills the developer for the fees.  Miscellaneous revenue was $33,561 higher than budget primarily because unbudgeted revenues from running the Christmas Lake inspection program and tree sale revenues. GENERAL FUND EXPENDITURES Expenditures exceeded budget by $30,750.  Administration – The total expenditures are over budget because of salary allocations for the Park Coordinator and the Public Works Director when they coded their time to administrative functions rather than their home department last year. The benefits also were coded here as they follow the direct salary expense. This results in their home budgets being under budget for salaries. Mr. Heck received a lump sum payout for accumulated leave time and the city incurred unbudgeted unemployment expense. This budget also reflects the cost of the contract City Administrator.  Finance – Bank service charges are over budget by $5,027 because there used to be an offsetting credit for interest earned on bank balances. With no interest being paid on the checking account, we are seeing the full cost of having bank services reflected in this budget. These costs also were previously allocated out to various departments, but it seems easier to track and manage if they are all in one place.  Municipal Buildings – The cost of the Badger Park vandalism is the insurance deductible expense for testing for mercury and the cleanup. There were also unplanned roofing and garage door expenses. These two item are the majority of the $18,867 excess expenditures in this department.  Public Works – This budget is under by $40,514 primarily due to salaries that were coded elsewhere.  Snow and Ice – lack of snow during the spring of 2012 kept this under budget but the salaries that were avoided here were coded to other budgets when the employees performed different duties..  Parks Maintenance – more time was coded here than in snow plowing or general public works activities.  Recreation Programs – expenditures should be well under budget due to time allocations going to Administration and much lower contractual service expenditures. Southshore Center The Southshore Center experienced a deficit in operations of $47,552. This is surprisingly close to the $47,700 estimated transfer included in the budget for 2013. Contractual services were budgeted at a level consistent with the prior contract with Ms. Anderson and didn’t reflect the costs anticipated with adoption of the January, 2012 amendment. Enterprise Funds The calculations for depreciation have historically been performed as part of the audit. Those adjustments will done in consultation with the auditors and will change the look of the revenue and expenditure statements, but will not affect the cash balance. Please contact me or Mr. Joynes if you have any questions. Attachment: December Revenue & Expense Reports for: General Fund Southshore Center Water Sewer Recycling Storm Water Balance Sheets for all operating, debt service & capital funds MEMORANDUM Date: April 18, 2013 To: Mayor Zerby Council Members From: Bruce DeJong, Finance Director Re: March, 2013 General Fund Monthly Budget Report ______________________________________________________________ The 2013 General Fund is tracking about where we would expect. Revenues are a little over and expenditures are a little below 2012, but not by any amount that would raise concern at this point in the year. Salaries are a little below last year based on the timing of payrolls. The City Council may wish to consider amending the budget in Administration and City Engineer. These changes would reflect the decisions made at the end of last year and at the retreat to contract for services rather than hire employees in those positions. GENERAL FUND EXPENDITURES  Snow and Ice – This is the only budget that significantly exceeds the prior year. The continuing amount of snow that we are experiencing has led to much higher expenditures than typical. Please contact me or Mr. Joynes if you have any questions. Attachment: March Budget Spreadsheet Monthly Budget Report March 31, 2013 YTDYTD2013% of 2013ExpectedVariance 2012MarchAdoptedAnnual% of 2013(Negative) Year to Date OverviewActual2013BudgetBudgetBudgetor Positive REVENUE Property Taxes - - 4,763,3190.0%0.0% Licenses and Permits 23,302 28,066 124,200 22.6%22.0% Intergovernmental 34,377 35,240 70,401 50.1%47.2% Charges for Service 25,406 19,091 35,150 54.3%48.6% Fines and Forfeitures 730 100 57,000 0.2%19.6% Miscellaneous 5,945 11,011 213,900 5.1%16.1% TOTAL 89,760 93,508 5,263,970 1.8%($29,663.34) EXPENDITURES Department Council Personnel 4,198 4,198 16,80025.0%24.1% Materials and Supplies 82 50 2,0002.5%52.9% Support and Services 11,073 11,863 72,45016.4%22.4% Transfers 47,700 Total 15,353 16,111 138,95011.6%$5,194.69 Administration 359,671 Personnel 102,622 60,31216.8%22.3% 18,450 Materials and Supplies 6,527 4,0340.0%6.6% 42,175 Support and Services 5,956 27,41865.0%8.4% - Capital Outlay - - 21.8% Total 115,105 91,764 420,29621.8%($6,835.88) Finance 132,929 Personnel 41,325 31,02523.3%23.0% 8,400 Materials and Supplies 7,182 8,18797.5%78.5% 11,600 Support and Services 508 3583.1%9.4% - Capital Outlay - 322 12.1% Total 49,015 39,892 152,92926.1%($1,637.63) Professional Services 57,252 13,401 203,3906.6%39.7%$67,419.41 Planning and Zoning 170,666 Personnel 43,874 38,30822.4%22.6% 650 Materials and Supplies - 116 17.8%86.5% 7,400 Support and Services 1,784 2,87538.9%38.3% 200 Capital Outlay - - 0.0%31.6% Total 45,658 41,299 178,91623.1%$656.38 Municipal Building - City Hall 22,130 Materials and Supplies 16,390 10,08045.5%30.8% 164,800 Support and Services 111,404 112,24068.1%69.8% Capital Outlay - - - 1.8% Transfers - - 100,4500.0%0.0% Total 127,794 122,320 287,38042.6%($465.45) Police Materials and Supplies - - - 0.0% Support Services 247,041 254,221 1,015,07725.0%30.8% Capital (Public Safety Bldg) 56,283 56,941 235,43724.2%24.9% Total 303,324 311,162 1,250,51424.9%$59,762.28 Fire Support Services 82,997 86,432 349,58224.7%34.8% Capital (Public Safety Bldg) 69,476 71,914 287,64325.0%32.5% Total 152,473 158,346 637,22524.8%$56,631.44 Inspections Personnel 28,802 24,622 120,58820.4%23.9% Materials and Supplies - - 2000.0%2.3% Support and Services 542 1,148 5,30021.7%15.3% Total 29,344 25,770 126,08820.4%$3,812.29 City Engineer Personnel 19,890 460 92,5490.5%24.0% Materials and Supplies 104 - 2000.0%11.0% Support and Services 5,151 12,991 11,220115.8%11.6% Capital Outlay - - - 33.8% Total 25,145 13,451 103,96912.9%$10,122.60 Public Works Service Personnel 86,505 89,135 428,77520.8%24.9% Materials and Supplies 26,874 17,392 171,30010.2%24.2% Support and Services 19,773 21,922 139,75015.7%27.9% Transfers - - 772,5000.0% Total 133,152 128,449 1,512,3258.5%$58,757.64 Snow and Ice Personnel 12,957 26,321 56,66246.5%45.9% Materials and Supplies 10,247 20,936 45,00046.5%36.3% Total 23,204 47,257 101,66246.5%($4,910.81) Parks Maintenance Personnel 37,832 18,920 103,35818.3%30.8% Materials and Supplies 2,719 8,160 19,30042.3%15.3% Support and Services 10,344 7,675 30,91024.8%29.8% Transfers - - - 0.0% Total 50,895 34,755 153,56822.6%$9,229.75 Recreation Programs Personnel 11,795 23,461 36,36064.5%30.8% Materials and Supplies 364 - 1,5000.0%15.3% Support and Services 4,495 7,845 20,14538.9%29.8% Transfers - - 42,0000.0%0.0% Total 16,654 31,306 100,00531.3%($13,881.13) Unallocated 53,341 52,789 - 0.0% Total Expenditures 5,367,217 1,197,709 1,128,07221.0%$213,802 Net Revenue less Expenditures (103,247) (1,107,949) (1,034,564) Note: The balanced budget includes the use of $103,247 of fund balance in Transfers in the Revenue section. #12A.3 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 MEMORANDUM Date:April 17, 2013 To: Shorewood City Council From: Julie Moore, Communications/Recycling Coordinator Re: Organics Pilot Program Update ______________________________________________________________ Since April 2012, two haulers have been serving residents in the western portion of Shorewood as part of the Organics Collection Pilot Program Shorewood was awarded a grant for by Hennepin County. The program is scheduled to last two years and allows us to offer organics curbside collection through one of two haulers depending upon address. Both haulers offer organics collection service to their garbage customers, but they also offer it to specific areas of the city as a one-year trial for $6 per month without a garbage contract. Participation has increased since the November mailing and recent April mailing put together by Hennepin County, but it still remains minimal. According to many residents who call about the program, they want to add organics, but do not want to pay the additional $6.00 cost. Should there be a way to reduce the cost of their garbage collection by the same amount, many who choose not to participate would participate. Approximately 40 households currently participate in organics collection through the pilot program. The households participating have been very positive about the experience. The most recent Hennepin County promotion was received in households last week and we have yet to see if it increases participation. The November mailing increased participation by more than half. According to my research, the continued education about organics composting is the number one reason that most people decide to add such a service to their waste disposal program. The county is encouraged by the increased participation, although we had all hoped that the rate would be higher.