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07-08-13 CC Reg Mtg AgendaP C. B. A. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 8, 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 Work Session Meeting Minutes, June 24, 2013 Minutes B. City Council Regular Meeting Minutes, June 24, 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. MS4 Process Calendar Engineer’s memo C. Approval of Temporary 3.2 Percent Malt Liquor License and Special Event Clerk’s memo, Permit for the Excelsior Firefighters Relief Association (EFRA) Fundraising Resolution Event on July 19 D. Authorize Expenditure of Funds for a Defibrillator for Public Works Administrator’s memo E. Accept Proposal for Professional Services for Annual Bridge Inspection Director of Public Works’ memo 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING CITY COUNCIL REGULAR MEETING AGENDA – JULY 8, 2013 Page 2 of 2 Attachments 6. REPORTS AND PRESENTATIONS A. Lake Minnetonka Communications Commission, Report by Representative LMCC Member Joe Huber Cities memos, Model Resolutions B. Presentation by Lynn Johnson on Tour de Tonka August 3 Event 7. PARKS 8. PLANNING A. Report on July 2, 2013 Planning Commission meeting B. Accepting Proposals and Authorizing Preparation of Feasibility Studies for Planning Director’s Galpin Lake Road and Mill Street Trail Segments memo 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Approve Transfers of Funds Finance Director’s memo, Resolution B. City Brand Use Policy Administrator’s memo 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. League of Minnesota Cities Liability Insurance Experience Update City Administrator’s memo 2. Southshore Center Advisory Committee update 3. Certificate of Achievement for Excellence in Financial Reporting Certificate 4. Update on 5795 Country Club Road House City Attorney’s memo 5. Update on Trail Projects 6. Update on Lift Station Projects 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, 8 July, 2013 7:00 p.m. 6:30 PM – City Council Work Session – 2014 Budget Overview Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: The MS4 process calendar is provided for Council’s acceptance. Agenda Item #3C: The Excelsior Fire Relief Association (EFRA) has submitted all the necessary documentation for its Temporary 3.2 Percent on-sale Liquor License and Special Event Permit for its annual fundraising event being held on July 19, 2013. All documentation has been reviewed and approved by appropriate staff, the SLMPD, and the EFD. As in past years, the EFRA has requested that the $25 temporary liquor license fee be waived, as the city is a member of the EFD. Agenda Item #3D: This item authorizes the purchase of a defibrillator for the public works facility. The city accepted a $400 Xcel Energy grant towards this purchase, and the remaining balance (approximately $1200) will be funded from the Municipal Buildings Department. Agenda Item #3E: Federal regulations stipulate that bridges are to be inspected annually by a certified Professional Structural Engineer to inspect and document the conditions of each bridge. Staff is recommending approval of a proposal from WSB and Associates for said inspection. Agenda Item #5: There are no public hearings this evening. Agenda Item #6A: Lake Minnetonka Communications Commission (LMCC) Representative Joe Huber will be present to discuss current activities relating to the LMCC Joint Powers Agreement and Franchise Negotiations. Agenda Item #6B: Lynn Johnson will provide a presentation on the upcoming Tour de Tonka event on August 3, 2013. Agenda Item #7: There are no Park items this evening. Executive Summary – City Council Meeting of July 8, 2013 Page 2 of 2 Agenda Item #8A: A Planning Commission representative will report on the July 2 Planning Commission meeting. Agenda Item #8B: Having approved survey work for two 2014 trail projects, the City has now received proposals for feasibility studies for the Galpin Lake Road and Mill Street trail segments. Staff recommends authorization for WSB & Associates to prepare the studies. Agenda Item #9: There are no Engineering/Public Works items this evening. Agenda Item #10A: Staff recommends a transfer of cash to cover deficits in the Southshore Center Fund and the Trail Construction Fund. Agenda Item #10B: Staff has received requests from individuals in the past for use of the City logo for personal/private purposes. The City has had an unwritten policy of not providing the logo for non-city events/use. Staff is requesting direction from the City Council as to whether the City of Shorewood Logo and other City Brand items, such as the new Trail Logo, be limited to City use only, or if it would like to consider a written policy of permitting use of City Brand items. Agenda Item #11: There are no items of Old Business this evening. Agenda Items #12A: Several Staff reports will be provided. Agenda Items #12B: Mayor and City Council Members may report on recent activities. #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, JUNE 24, 2013 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Zerby called the meeting to order at 6:32 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Siakel, Sundberg, and Woodruff; Administrator Joynes; Finance Director DeJong; Planning Director Nielsen, Director of Public Works Brown. Absent: None B. Review Agenda Woodruff moved, Hotvet seconded, approving the agenda as presented. Motion passed 5/0. 2. 2012 AUDIT PRESENTATION BY ABDO, EICK AND MEYERS, LLC Mayor Zerby noted Andy Berg, with the independent CPA firm of Abdo, Eick & Meyers, LLP, is present to provide an overview of the City of Shorewood’s 2012 financial audit. He also noted that he had asked that this be done during a Council work session. He stated the 2012 Comprehensive Annual Financial Report (CAFR) will be formally accepted during Council’s regular meeting immediately following this work session. Mr. Berg encouraged Council to ask questions during his presentation. He noted the firm he works for issued an unqualified (or clean) opinion on the financial statements. He explained there is one audit finding. There were not any compliance issues with Minnesota Statutes. He noted that management is responsible for the City’s financial statements including the internal control over the financial statements. Mr. Berg explained the one 2012 material audit finding. The firm had to make a few audit adjustments that when added together are material. They were mostly related to year-end accrual entries on the City’s revenue. He noted the firm did find significant improvement over the 2011 audit. For 2011 cash and investments were not reconciled. That piece of the finding was removed. There was continued improvement with the 2012 audit entries and it’s possible this finding will be eliminated for the 2013 audit. Mayor Zerby stated that in the past he has glossed over the findings. He now understands a finding to mean there is some cause for concern. He asked Mr. Berg to define finding. Mr. Berg clarified if during the audit there was a $100 problem here or there it would not be noted as a material finding. The entries made were considered to be material and were at a level that the firm is required under auditing standards to report. If the audit entries were not made the City’s financial data would not have been materially unfairly stated. Zerby asked Mr. Berg to describe things in more layman’s terms. Mr. Berg stated when his firm came in to conduct the audit, the General Fund balance showed an increase of approximately CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 24, 2013 Page 2 of 5 $5,000. After the audit entries were made the increase was about $130,000. The audit entries were made in the May/June timeframe; they should have been made prior to the firm coming in. There was a fair amount of money shown in a liability account and it should have actually been reducing expenses. Expenses were overstated. Zerby asked if this incorrect reporting was a controls issue or was it record keeping. Mr. Berg noted that management’s intention is for this finding to be gone in 2013. Mr. Berg explained that the firm gives management the audit entries and explains them. Director DeJong explained there was enough uncertainty about the status of some accounts, as he worked through details with a consultant who was providing assistance prior to the audit, that it was decided to wait until the audit to make sure things were clearly understood before making the entries. There are now very clear entries for the accruals for this year that staff can work off of when creating entries for accruals for next year. He noted the entries were not related to day-to-day transactions; it is year-end closing entries where there may be adjustments to account balances based on which year the revenues or expenditures should be recognized. Councilmember Woodruff stated it is common to have to make some adjustments during an audit. He then stated to him it sounds like Director DeJong and the consultant were not clear on how to make the accruals. Therefore, they waited for the auditor to give them advice. Councilmember Siakel stated in 2012 Council took action that allowed Director DeJong to bring in someone quarterly to help with financial oddities. She asked DeJong if he still thinks there is a need for outside help on a quarterly basis. Mr. Berg stated anytime there are questions throughout the year (e.g., a new bond issue or unusual transactions) clients can call him. For the more significant things like cash and investment reconciliation in 2012 the City brought in another accountant to help with that. He noted he does not know if the City plans on using the same consultant in 2013. He stated if Director DeJong does not have enough time for the year-end close that same person could help do some of the work. Councilmember Siakel asked if more support needs to be provided. She then asked if the new financial software that is being proposed is going to help staff with year-end closing. She went on to ask what Council needs to do to support accurate record keeping going forward. Director DeJong stated he now has a much better understanding of the current financial system then when he started with the City. He explained that prior to him coming to the City there were numerous things that were done different than the way he was used to doing them. Therefore, trying to understand the underlying mechanisms of the financial statements did not always make sense to him. Even though entries into the financial system appeared to be correct reports did not look quite right. When troubleshooting that they found more quirks with the financial software. Most of the quirks have been cleared up and he has a pretty good understanding of them. The proposed financial software will be set up in a way that he has operated in other cities. The new software would be a major improvement. It will allow staff to do things much easier and more logically. Mayor Zerby stated it’s his understanding that the finding was not a result of a technical issue. It was an expertise issue. New software will not provide a solution for that. The solution was clarification from the auditor. He asked if staff can get that clarification earlier. Director DeJong explained in 2011 for the 2010 audit staff was behind schedule. The auditors did a lot of the work. The City did not have a finance director for part of 2010 during the time the audit was put together. He did not have all the spreadsheets or the background to put things together in 2012. He CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 24, 2013 Page 3 of 5 expressed his confidence that things could be put together in time for the 2013 audit without the assistance of outside help. Councilmember Woodruff asked Director DeJong if he intends to continue to have quarterly help from the consultant. DeJong stated he only used the consultant in the first quarter of 2013 and he no longer thinks that help is necessary. Woodruff stated he assumes that if staff determines it could use the help of the consultant it will make that happen. Mr. Berg stated that throughout the year if Council sees something on the financial report that looks unusual or that it does not understand he encouraged Council to ask Director DeJong for clarification. Councilmember Woodruff explained Council gets a monthly copy of sort of a profit and loss (P & L) report. Council does not get copies copy of a balance sheet on a regular basis. Based on seeing only the P & L he does not think Council would even know there was an issue. Mr. Berg stated a lot of time Council will not notice the technical stuff. Mr. Berg noted the financial statements and the financial decisions made are Council’s responsibility. It’s important that Council review the financial information and ask questions if it does not understand things. Councilmember Woodruff asked Mr. Berg if he recommends staff provide Council with balance sheets and cash flow statements, while noting he was not sure how many members of the Council could read them. Mr. Berg stated he has looked at the budget to actual report Council is provided, and he thought Council is provided with a cash balance report by fund. Woodruff clarified that there is no consistency with Council being provided with cash balance reports for the various funds. Councilmember Siakel concurred. Woodruff stated Council received a P & L report on a monthly basis with comparisons of actual to budget and of current year to previous year. Woodruff noted that he personally is not concerned about seeing depreciation. Mayor Zerby stated Council has to place confidence in staff that things are being done properly. He noted Council does have a fiduciary responsibility to make sure that is happening. He noted this is the third year in a row where there has been an audit finding. He stated to ask Council to be responsible for checking for errors seems like somewhat of a reach. Mr. Berg explained that during the audit the firm tests for seven areas of Minnesota legal compliance. As stated earlier the City complied will all of them. Mr. Berg provided a financial overview of the City’s General Fund expenditures and revenues. He explained the City’s General Fund balance was approximately $3.7 million at the end of 2008. It ranged between 66 percent and 68 percent over the last five years. At the end of 2012 the balance was approximately $3.62 million, which is an increase of approximately $136,000 when compared to the 2011 year-end balance of approximately $3.49 million. The 2012 year-end balance was 68 percent of the 2013 budgeted expenditures. The City’s General Fund Balance Policy requires a fund balance of 55 – 60 percent of the next year’s expenditures and transfers. Mr. Berg explained revenues exceeded budget by $210,000. Miscellaneous revenues were over by approximately $99,000, and licenses and permits revenue was over approximately $65,900. Expenditures were under budget by $53,676; expenditures exceeded revenues by $263,676 not including transfers. There was a budgeted transfer in of $40,000 which was not made. There were transfers out of $907,800. All of this together equates to the approximate $136,000 increase in the General Fund balance. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 24, 2013 Page 4 of 5 Mr. Berg displayed a graph comparing five sources of revenues (excluding property taxes which make up around 90 percent of the City’s revenues) for 2008 – 2012. Mayor Zerby noted that other revenue was the largest source of revenue (again excluding property taxes). He asked if there needs to be more granularities for that category. Mr. Berg explained the City’s reports do follow the state’s chart of accounts. He then explained he thought the majority of the other revenue was from refunds and reimbursements. Also, cellular antenna rental is included in there for 2012. He reiterated that all sources of revenue with the exception of property taxes amount to about 10 percent of the General Fund revenue. Director DeJong reiterated there was a $40,000 transfer budgeted that was not made into the General Fund. DeJong explained that was previously done from an enterprise fund (the old Liquor Fund which was eventually transferred into the Community Infrastructure Fund). The cellular antenna revenue was coded into other revenue. Also, the category includes the reimbursements for inspection costs association with the Christmas Lake inspections. Mr. Berg displayed a graph comparing five sources of expenditures for 2008 – 2012. He explained the majority of the City’s expenditures are in general government and public safety with them being 24.7 percent and 28 percent respectively of the total expenditures and transfers out. Mr. Berg then provided an overview of the other City funds. Mr. Berg stated the City has only one special revenue fund and it’s called the Southshore Community Center Fund. At the end of 2012 it had a deficit fund balance of approximately $40,700. Revenues totaled approximately $62,000. Expenditures totaled approximately $123,000. And, there was a transfer in of $13,600. The firm recommends the City put a plan in place to eliminate the deficit. With regard to Debt Service Funds, Mr. Berg stated there were approximately $9.5 million in total bonded debt outstanding at the end of 2012 with the majority of it being for the Public Safety Facilities. There was $1.14 million on the 2008 Lease Revenue bonds for the renovation of City Hall outstanding at the end of 2012. He recommended the City continue to monitor to make sure the future cash flow will be sufficient to cover the bond liabilities. With regard to Capital Projects Funds, Mr. Berg stated there was a combined ending fund balance of approximately $4.5 million at the end of 2012. That is an increase of approximately $111,000 when compared to the 2012 year-end balance. The Street Reconstruction Fund had a year-end balance of approximately $1.76 million. There had been approximately $432,500 in expenditures and $700,000 of transfers in from other funds. The Community Infrastructure Fund had a year-end balance of approximately $1.84 million. The Equipment Replacement Fund had a year-end balance of approximately $614,000. It had approximately $227,700 in expenditures and $312,400 of transfers in from other funds. Mr. Berg highlighted the Enterprise Funds (water, sewer, recycling, and storm water management). He recommended the City monitor these enterprise operations to ensure rates are sufficient to cover operating expenses, debt service, and future capital needs for the enterprise operations. Water Fund revenues did cover expenses in 2012; it had not in 2011 and 2010. Each of the three years (2010 – 2012) included depreciation expense which is a noncash expense. That allowed the cash balance to increase the last three years. The 2012 year-end balance was approximately $4 million. The Sewer Fund has had operating losses the past three years. Operating expenses include depreciation (a noncash expense). The Fund had a year-end fund balance of approximate $3.5 million at the end of 2012. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 24, 2013 Page 5 of 5 The Recycling Fund is basically a break-even fund. In 2011 revenues were covering expenses. In 2012 they did not because of the timing of the receipt of grant revenue. The Stormwater Management Utility Fund balance was fairly significant in 2010 (approximately $666,000). Because of funding for projects that balance has decreased significantly. The 2012 balance was approximately $82,000. He strongly recommended scheduling out big capital projects and putting a plan in place to finance the projects. Mr. Berg noted he did not have time to review the ratio analysis. He encouraged Council to look through it. Mayor Zerby thanked Mr. Berg for his efforts and for coming this evening. 3. ADJOURN Woodruff moved, Siakel seconded, Adjourning the City Council Work Session of June 24, 2013, at 7:06 P.M. Motion passed 5/0/ RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk Mar. 18. 2013 2:44PM South Lake P. G. 952- 414 -4411 N0.8124 P. 1 SPECIAL EVENT CITY OF PERMIT APPLICATION S TORE OOD (Pursuant to City Code, Ch apterSOS) 5755 Country Club Road' Shorewood, Minnesota 55331 952,960,7900 Fax: 952.474,0128 (Please Print or T)rpe) Today's Date Application Pee: n(a Receipt #_n a Event to he Registered; Any person or persons sponsoring a event at which it may reasonably be anticipated that there will bemore then 75 persons in attendance shall, prior thereto, register such event with the City Clerk, giving the location, datc, time, purpose, names of all sponsors, and the number of persons anticipated will be, in attendance. Permit for Additional Events; Within a period of 6 months following such event, no additional event(s), at which it may reasonably be anticipated that there will be more than 75 persons in attendance, shalt be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special pounit thorefote approved by the City Council. Application for such permit shall be made to the City Clerk. EventLocation: 014106 R Date of Event: = II >ao /j Number of Persons (anticipated) to Attend: IWO Time: ,5 R— 1,2 N PurposeCt#tt' t�vnal �pPtdi Spotrsor 'sNarne(s)�nr�.._�l_ar•�r1^r ��a� i' �scecia .�k�+.vc��g<��t.v�r_.,t�.trcp f DaytitnePhone #: aNOT Evening Phone# 54WLw Special Parking or, Safety Provisions (e.g., traffic control, parking, pedestrian access): &l.�t s slow 4pro w� Enforcement; Apolice officermay order all persons present in any such group or gathering from which such noise emanates, other than the owoots or tenants of a dwelling unit, to immediately disperse from said event in lieu of being charged underthis Chapter should the continued health, safety, comfott; and reposeof the publiobs unjeopardy, or ifihe event is in violation ofthe provisions of Chapter 501 of the Shorewood City Cade. Failure to comply with the conditions of the Special Events Permit may result in police enforcement. ROADWAYMOSTttP.➢VXi V PASSABGEFOR EMERGENCY G';5'rr17CL&.1 Applicant's Signetwo;rl',,, � b�� Date: 3 —N -!3 Allow 5 business days for processing For Office Use Only SLMPD: fi aL L41 f 1d � ty cto,) Date: h 1?.Iu a Fire Mars --- `'� rt-. �r.�G ( ✓t'/ Date: ev —($` Zoni d strator: ___ Date: City Administrator: Date: aLO3 Qriginal: City ofSfiowwood 5755 COVm Cinb ad I rewood. MN 55391 Copy lo; Somh Laka MinnetonkaroticcDepprtmem , rira Mnrshel, AppGomt E.F.R.A. Event Parking July 19, 2013 1) Handi -cap parking on site (east side of station) 2) Limited near site parking ( Shorewood P.W. lot and City hall lot) 3) Buses pick -up at Gary's First Class Car Care — (parking in east and west lots in Excelsior) Jean Panchyshyn Subject:FW: LMCC Model Resolution Attachments:2013 05-14 Victoria Letter.pdf; 2013 06-18 Model Resolution Supporting Viability of LMCC.doc From: Debra Kind [mailto:dkind100@gmail.com] Sent: Monday, July 01, 2013 11:56 AM Cc: Sally Koenecke Subject: LMCC Model Resolution LMCC Mayors & Administrators -- As you know, the city of Medina has given notice of withdrawal from the Lake Minnetonka Communications Commission (LMCC). Orono, Victoria, and Minnetrista (and other cities?) also are considering withdrawing from the LMCC. The city of Victoria sent the attached letter with a list of their priorities to the LMCC. In response to the letter, the city administrators and the LMCC reps from Victoria, Minnetrista, and Greenwood met to see if there is a middle ground that will keep a core group of cities in the LMCC. Based on the discussion, the attached resolution was drafted for the LMCC member cities to consider. Victoria approved the resolution at their 6/24 council meeting. The Greenwood council will take action on the resolution at our 7/3 meeting. Minnetrista will take action on the resolution at their July meeting. We are hoping that other city councils will do likewise. To be clear, this resolution was NOT created by or endorsed by the LMCC executive board. The intent of the resolution is NOT to dismantle the LMCC. We sincerely are trying to come up with a solution that keeps as many cities as possible in the LMCC. I know it is hard to accept, but the city of Victoria (and likely other cities as well) will leave the LMCC unless the key initiatives included in the resolution are accomplished. Please review the resolution and call or e me if you have any questions. Thanks! Deb DEBRA J. KIND Mayor, City of Greenwood 20225 Cottagewood Road Deephaven, MN 55331 www.greenwoodmn.com Main: 952.474.6633 Direct: 612.718.6753 ____________________________ 1 CITY OF ________ RESOLUTION NO. _____ RESOLUTION IN SUPPORT OF LONG-TERM VIABILITY OF THE LAKE MINNETONKA COMMUNICATIONS COMMISSION WHEREAS, the Lake Minnetonka Communications Commission (LMCC) provides the following valued services to the member cities within its Joint Powers Association (JPA): 1. Expertise in franchise negotiations. 2. Expertise in the production of public cable TV programming. 3. Enforcing the terms of the negotiated contract with Mediacom. 4. Dealing with resident complaints about Mediacom. WHEREAS, the above is better accomplished by keeping a majority of the current LMCC cities in the LMCC JPA. NOW THEREFORE, BE IT RESOLVED that city council of the city of _______________, Minnesota supports that the following items be established with a majority vote of the current weighted votes by those present at a meeting of the full LMCC board: 1. Top priority: Full build-out of Orono by 12-31-14, and full build-out of all other cities by 12-31-16. 2. Designate 25% of franchise fees to stay with the LMCC to cover administration, franchise management, and franchise audits. 3. Designate 75% of franchise fees be sent to the cities to be used for technology updates or whatever each individual city deems appropriate. Cities can elect on a city-by-city basis to have reduced franchise fees for their residents / businesses. 4. 100% of PEG fees stay with the LMCC with a priority for the money to be spent on council meeting programming. Any additional PEG fees may be used for general programming if funds are available. 5. Cities pay $250 per meeting first from PEG fees collected from each city's subscribers, then the balance from the franchise fees collected from that city's subscribers. For example, Greenwood has 1 meeting per month, which equals a $3,000 annual meeting cost. Greenwood's PEG fees are estimated to be $2,146, so Greenwood would pay the $854 difference from the 75% of franchise revenues that they would otherwise receive. 6. Pay a member city to provide LMCC administrative services (to be determined via a bid process of interested cities). MAY IT BE FURTHER RESOLVED that city council of the city of _______________, Minnesota supports that the following changes be made to the LMCC JPA with approval of all LMCC member city councils: 1. Change rules for appointing each city’s 2 board representatives to reflect state statute (no limitations on qualifications for the 2nd city representative). 2. Change voting rules so that 1 representative may cast the votes of an absent representative from the same city. If no representative is present at the meeting, the city has no votes. 3. Clarify rules so that a city may leave the JPA by giving 2-plus year's notice prior to December 31. For example, if a city gives notice on September 30, 2014, the city will stay a member of the JPA through December 31, 2016. 4. Disband executive committee and have board meetings 4 times per year. 5. Change rules so the JPA may be changed in the future with approval of 4/5ths of the LMCC member city councils. MAY IT BE FURTHER RESOLVED that city council of the city of ________________, Minnesota directs the city clerk to email a copy of this resolution the LMCC executive director for distribution to the LMCC board, and to the other LMCC JPA city administrators and mayors for consideration by their respective councils with the recommendation that this or a similar resolution be approved by July 12, 2013, so the LMCC executive board can take action at their July 16, 2013 meeting, and direct the LMCC attorney to draft JPA changes for consideration at the LMMC full board meeting on August 20, 2013. ADOPTED by the city council of the city of ____________, Minnesota this ___ day of _____________, 2013. ____ AYES ____ NAYS CITY OF ________________ By: _____________________________________ XXX, Mayor Attest: __________________________________ XXX, City Clerk CITY OF DEEPHAVEN RESOLUTION NO. 21-13 RESOLUTION IN SUPPORT OF LONG-TERM VIABILITY OF THE LAKE MINNETONKA COMMUNICATIONS COMMISSION WHEREAS, the Lake Minnetonka Communications Commission (LMCC) provides the following valued services to the member cities within its Joint Powers Association (JPA): 1.Expertise in the production of public cable TV programming. 2.Enforcing the terms of the negotiated contract with Mediacom. 3.Dealing with resident complaints about Mediacom. WHEREAS, the above is better accomplished by keeping a majority of the current LMCC cities in the LMCC JPA. NOW THEREFORE, BE IT RESOLVED that city council of the city of Deephaven, Minnesota supports that the following changes be made to the LMCC JPA with approval of all LMCC member city councils: 1.Change rules for appointing each city’s 2 board representatives to reflect state statute (no limitations on qualifications for the 2nd city representative). 2.Change voting rules so that 1 representative may cast the votes of an absent representative from the same city. If no representative is present at the meeting, the city has no votes. 3.Clarify rules so that a city may leave the JPA by giving 2-plus year's notice prior to December 31. For example, if a city gives notice on September 30, 2014, the city will stay a member of the JPA through December 31, 2016. 4.Disband executive committee and have board meetings 4 times per year. 5.Change rules so the JPA may be changed in the future with approval of 4/5ths of the LMCC member city councils. MAY IT BE FURTHER RESOLVED that city council of the city of Deephaven, Minnesota directs the city clerk to email a copy of this resolution the LMCC executive director for distribution to the LMCC board, and to the other LMCC JPA city administrators and mayors for consideration by their respective councils with the recommendation that this or a similar resolution be approved by July 12, 2013, so the LMCC executive board can take action at their July 16, 2013 meeting, and direct the LMCC attorney to draft JPA changes for consideration at the LMMC full board meeting on August 20, 2013. st ADOPTED by the Council of the City of Deephaven, Minnesota this 1 day of July, 2013. ________________________________________ Paul A. Skrede, Mayor Attest:______________________________________ Dana H. Young, City Administrator Jean Panchyshyn Subject:FW: LMCC Model Resolution From: Joe <josephjhuber@gmail.com> Date: July 1, 2013 at 4:31:20 PM CDT To: Scott Zerby <SZerby@ci.shorewood.mn.us> Cc: Joe <josephjhuber@gmail.com> Subject:Re: LMCC Model Resolution Hi Scott, Thanks for letting me know about this. While I deeply respect our cities' rights to do this, I have a few problems. 1) We are paying Mediacom to build out infrastructure, without any significant consideration from Mediacom. I think that this is a problem. 2) The motion needs to specify that any monies to build out must come from an individual city's allocation, e.g., Shorewood does not pay for Orono, or vice-versa. 3) We do not know that Mediacom can, or will bill different franchise fee rates based by municipality, without some sort of significant implementation fee. 3) Item 5, the $250 per meeting fee, needs to be crystal clear that the city is responsible to pay the LMCC back. 4) Item 6, while it may have merit, is more operational than structural in nature. You may have heard that, in response to the request from the Budget Committee for a budget with an approximate cut of $300,000, Sally offered to work part-time. If the costs are approximately the same, there might be value to having Sally continue, at least through an interim. In addition: 5) I would like to pay any Unemployment Insurance benefit costs from the reserves Finally, I have heard that 100% agreement is needed to amend the JPA. Is that true? Is that really possible? Instead why not do the following and save the legal fees of rewriting the JPA. 6) Have the Full LMCCommission adopt a motion that it accepts any withdrawal given by October 15 of any year for a withdrawal date of Dec. 31 two years hence as having "sufficient cause", as defined in the JPA. 7) Have all cities promise to have only one person vote from that city at each meeting, a kind of "honor among thieves" arrangement. 8) Just not call monthly meetings. 1 9) The JPA, Article V, Section 1 is not crystal clear in saying that "alternate directors" must be residents. I'm not a lawyer, but why not have the Full Commissino vote to allow a city to appoint anyone as an alternate director, and turn the whole thing over to the City Managers Thanks for listening, Joe 2 Alk WSB &A.rsociw., lnc. engineering- planning - efivirongiontal1 construction June 28, 2013 Mr. Brad Nielsen Plamung Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331, Re: Proposal for Feasibility Report/Preliminary Design Services Galpin Lake Road Trail Improvements City of Shorewood Dear Mr. Nielsen: 477 Temperance Street St. Paul, MN 55101 Tel: 651 - 286-8450 Fax: 651- 286-8488 WSB & Associates, Inc. is pleased to provide you with our proposal for the preparation of a Feasibility Report and Preliminary Design for the Galpin Lake Road Trail Improvements. The proposed improvements are for the extension of a pedestrian trail extension along Galpin Lake Road from the southerly City boundary with Chanhassen extending north to TH 7 and then east to the existing trail crossing of TH 7 at CR 19. Project Understandin>r The Galpin Lake Road "Frail Improvement Project has been identified in the 2014 Capital Improvement Plan for construction and the topographic survey for preliminary design was authorized by the City Council on May 28, 2013. The topographic survey information will be utilized for the preliminary design and preparation of the Feasibility Report in accordance with the Trail Planning Process recently revised and presented to the City Council. The Feasibility Report for the project is proposed to: • Provide a preliminary horizontal and vertical alignment for an off-street pedestrian route between the City of Shorewood's boundary with Chanhassen to the existing trail south of TH 7 at CR 19, along Galpin Lake Road. • Provide preliminary design detail to prepare a detailed opinion of probable project costs • Identify potential for funding resources • Identify potential need for the acquisition of permanent and temporary easements • Review opportunities to improve area drainage • Review opportunities to improve water quality of storm water runoff Proposed Services Project management and coordination/meetings with City staff and the City Council. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com 4I.Nmpo :al :u I�, I. -Mo rnn- F.I.N11, nuponal,, Mr. Brad Nielsen June 28, 2013 Page 2 ■ Attendance of two public open house meetings with residents to receive concerns and comments regarding the design approach and proposed design. The goal is to have an open house before beginning preliminary design and one meeting prior to Feasibility Report presentation to the Council. ■ Attend Public Hearing on the Feasibility Report. ■ Coordinate location of private utility company facilities within the improvement corridor. This coordination will include performing a utility design locate request to provide a quality level D location for existing utilities. ■ Prepare preliminary layout and design based upon public comments, City staff review and engineering judgment for discussion with the Council. Preliminary layout will be a representation of horizontal and vertical alignments with potential construction limits shown and potential construction conflicts. Make minor revisions based upon Council direction. Prepare preliminary drainage review and feasibility Level drainage design ■ Identify owners of parcels along the proposed improvement corridor that may be impacted by construction. ■ Identify parcels with potential temporary and permanent easement needs. ■ Prepare detailed preliminary opinion of potential construction and indirect project costs with contingencies but excluding costs of acquisition of land due to the variability in land costs. Prepare preliminary project schedule. ■ Prepare a Feasibility Report depicting the improvement corridor existing conditions, proposed improvements, funding requirements and resources, figures depicting the improvements, and feasibility statements regarding the improvements. We are proposing to complete the work on a cost- reimbursable basis in accordance with our current fee schedule. Estimated fees for Preliminary Design/Feasibility Report Preparation are in the amount of $11,616. Thank you for this opportunity to provide professional consulting services to the City of Shorewood. If this proposal is acceptable, please execute the signature block below and return as our authorization to proceed. Please do not hesitate to contact me at 651- 286 -8453 if you have any questions. Sincerely, WSB & Associates, Inc. Paul Homby, P.E. Senior Project Manager H Lakc Rood T.A- F—b0i, R,,. d,c, Mr. Brad Nielsen June 28, 2013 Page 3 PROPOSAL FOR: Preliminary Design/Feasibility Report Preparation Services — Galpin Lake Road Trail Improvements. ACCEPTED BY: City of Shorewood, MN Name Title Date 14Pr%— IsTener PmpomIsMore,o \GaIpTn Lake Road Tnu- FpsmuhyRcpftd- FTW 2 QI 45 d4 O ti LIE _ - I M III C O AIM &assoctaeas, tnc. engineering, planning- environmental- construction 477 Temperance Street St. Paul, AN 55101 Tel: 651- 286 -8450 Fax: 651- 286 -8488 June 27, 2013 Ms. Kristi Luger City Manager City of Excelsior 339 Third Street Excelsior, MN 55331 Mr. Brad Nielsen Planning Director City of Shorewood 5755 Country Club Road. Shorewood, MN 55331 Re: Proposal for Feasibility Report/Preliminary Design Services Mill Street (CSAH 82) Trail Improvements Cities of Excelsior and Shorewood Dear Ms. Luger and Mr. Nielsen: W SB & Associates, Inc. is pleased to provide you with our proposal for the preparation of a Feasibility Report and Preliminary Design for the Mill Street (CSAH 82) Improvements. The proposed improvements are for the extension of a pedestrian trail extension along Mill Street (CSAH 82) from the Shorewood city limits and Hennepin/Carver County border, north through the cities of Shorewood and Excelsior, to the Trunk Highway (TH) 7 bridge. This project has been identified to be funded in part by Hennepin County grant funds to study the feasibility of making a non - motorized trail connection to fill a gap in Hennepin County's regional trail system. The improvement project, if constructed, would connect downtown Excelsior pedestrian sidewalk facilities through Shorewood, eventually connecting to Carver County trail system along Powers Boulevard in Chanhassen, with connections to downtown Chanhassen and TH 5. The remaining cost of the feasibility study after Hennepin County grant funds would be shared by agreement between the cities of Excelsior and Shorewood. Proieet Understanding The Feasibility Report for the project is proposed to: • Provide a preliminary horizontal and vertical alignment for an off - street pedestrian route between the City of Shorewood's boundary with Chanhassen to the existing sidewalk at the TH 7 bridge in Excelsior, along Mill Street (CSAH 82). • Provide preliminary design detail to prepare a detailed opinion of probable project costs St. Cloud • Minneapolis - St. Paul Equal Opportunity Employer wsbengoom GWSe�e�p�omSpV+ OPDa�flWU; nllMlemsvOAWadowSianpnni�InlemN FlexA GnlmtOmlooMQQQHW2A3N4i ?IR -1(CS. 3IV)T l- PeasbOl�SF Ms. Kristi Luger and Mr. Brad Neilson June 27, 2013 Page 2 • Identify potential for funding resources • Identify potential need for the acquisition of permanent and temporary easements • Review opportunities to improve area drainage • Review opportunities to improve water quality of storm water runoff The Excelsior portion of the review and study is assumed to be more complex than the Shorewood portion of the study area, based on existing site conditions, the number and size of the residential properties along Mill Street in the project area, and grade and topography. This assumption of complexity and resident interaction combined with the fact that Shorewood has already completed topographical survey of their portion of the project corridor does result in the professional services fee estimate for the Excelsior portion to be higher than that of Shorewood. For additional detail, please see attached hourly breakdown of tasks and the estimated fee to complete the proposed services as follows. Proposed Services Project management and coordination /meetings with City staff and the City Council. Attendance of two public open house meetings with residents to receive concerns and comments regarding the design approach and proposed design. The goal is to have an open house before beginning preliminary design and one meeting prior to Feasibility Report presentation to the Council. Attend Public Hearing on the Feasibility Report. ■ Coordinate location of private utility company facilities within the improvement corridor. This coordination will include performing a utility design locate request to provide a quality level D location for existing utilities. ■ Conduct a topographic survey (Excelsior only — Shorewood has already completed survey of the area) to gather existing features, site conditions, and boundary information for the project site as defined in the project understanding. Prepare preliminary layout and design based upon public comments, City staff review and engineering judgment for discussion with both City Councils. Preliminary layout will be a representation of horizontal and vertical alignments with potential construction limits shown and potential construction conflicts. Make minor revisions based upon Council direction. ■ Prepare preliminary drainage review and feasibility level drainage design • Identify owners of parcels along the proposed improvement corridor that may be impacted by construction. ■ Identify parcels with potential temporary and permanent easement needs. • Prepare detailed preliminary opinion of potential construction and indirect project costs with contingencies but excluding costs of acquisition of land due to the variability in land costs. ■ Prepare preliminary project schedule. ■ Prepare a Feasibility Report depicting the improvement corridor existing conditions, proposed improvements, funding requirements and resources, figures depicting the improvements, and feasibility statements regarding the improvements. CAU¢... W—. FftKO.ig 0u11rok\000HW3A3 \Mil1 Av —l(CSA @)TrM- Rob,blkryP Ms. Kristi Luger and Mr. Brad Neilson June 27, 2013 Page 3 We are proposing to complete the work on a cost- reimbursable basis in accordance with our current fee schedule. Estimated fees for Preliminary Design/Feasibility Report Preparation are in the amount of $28,790. Thank you for this opportunity to provide professional consulting services to the Cities of Excelsior and Shorewood. If this proposal is acceptable, please execute the signature block below and return as our authorization to proceed. Please do not hesitate to contact either of us at 763 -541 -4800 if you have any questions. Sincerely, WSB & Associates, Inc. Paul Ilornby, P.E. Senior Project Manager Morga Dawle P Associa enio Pro ager PROPOSAL FOR: Preliminary Design /Feasibility Report Preparation Services — Galpin Lake Road Trail Improvements. ACCEPTED BY: City of Shorewood, MN Name Title Date ACCEPTED BY: City of Excelsior, MN Name Title Date C1USmipbo byNppDala\LO il4ic ft \Wiiidarvs\TwnpomD Jn1 m1 Slma(CSll 2)Tmll- femblli,P iq w '� le i it 11II III III I i�� II I I Li MCI Z 7 1 t #10A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Approve Transfers of Funds Meeting Date: 7/8/13 Prepared by: Bruce DeJong, Finance Director Reviewed by: Bill Joynes, City Administrator Attachment: Resolution Policy Consideration: Should the City Council transfer cash to cover deficits in the Southshore Center Fund and Trail Construction Fund? Background: The 2012 Comprehensive Annual Financial Report was accepted two weeks ago. Two fund cash deficits were highlighted in the management report - the Southshore Center Fund (-$40,749) and Trail Construction Fund (-$34,576). These deficits were not a surprise, but the auditor recommended that a solution to cover those funds needs to be identified. The deficits were covered temporarily through the use of interfund loans. The Trail Construction Fund deficit was covered by an interfund loan from the Community Infrastructure Fund. The Southshore Center deficit was cover by a loan from the General Fund. Staff is proposing that these loans become fund equity transfers in recognition that the each deficit be resolved with a permanent funding solution. Future deficits in each of these funds should be covered in the same manner until neither the General Fund nor Community Infrastructure Fund has sufficient cash available. Financial or Budget Considerations: This action will bring each fund into balance at the beginning of the year. Any deficits incurred in this year will have to be covered with additional transfers at a later date. Options: The City Council may choose to: 1.Authorize the transfers as presented. 2.Modify the amount or source of the transfers and approve them. 3.Allow the deficits to exist. Recommendation / Action Requested: Staff recommends that City Council authorize the transfers as presented. Next Steps and Timelines: This will clear the current deficits. Any future deficits will need to be cleared through similar means until the alternate sources of funds are exhausted. Connection to Vision / Mission: This contributes to 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 CITY OF SHOREWOOD RESOLUTION NO. 13- A RESOLUTION APPROVING TRANSFERS OF FUNDS WHEREAS , the City Council of Shorewood accepted the 2012 Comprehensive Annual Financial Report on June 24, 2013; and WHEREAS , that report shows that two funds have cash deficits at year end; and WHEREAS, the City Council desires to resolve those deficits at the beginning of 2013 to allow the current year operations to stand on their own results; and WHEREAS , the City Council has identified appropriate sources of funds to resolve those deficits; NOW THEREFORE, BE IT RESOLVED , that the City of Shorewood approves the following transfers as of January 1, 2013: 1.That the sum of $34,576 be transferred into the Trail Construction Fund from the Community Infrastructure Fund as anticipated in the Long Range Financial Management Plan to reimburse that fund for the cost of construct activities authorized in the Capital Improvement Plan. 2.That the sum of $40,749 be transferred into the Southshore Center Fund from the General Fund to close the deficit incurred in 2012. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of July, 2013. ATTEST: Scott Zerby, Mayor _______________________________ Jean Panchyshyn, City Clerk