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06-09-14 CC Reg Mtg AgendaCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 9, 2014 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mai or Zerb Hotvet Siakel Sundberg Woodruff Attachments B. Review Agenda 2. APPROVAL OF MINUTES A. City Council/Park Commission Work Session Minutes, Mav 27, 2014 Minutes B. City Council Regular Meeting Minutes, May 27, 2014 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 remo>>ed from the Consent Agenda. Comments can be taken or questions asked following remo>>al from Consent Agenda A. Approval of the Verified Claims List Claims List B. Employee Policy on Purchasing Card Use Finance Director's memo, Resolution C. Accept Proposal for Materials Testing for Valley -v, ood Lane Reconstruction Director of Public Project Works' memo 4. MATTERS FROM THE FLOOR (No Council action Nvill be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Conservation District (LMCD) activities by Clerk's memo, Greg Nybeck, LMCD Executive Director and Deborah Zorn, LMCD Board LMCD Budget and Representative AIS Memo 7. PARKS CITY COUNCIL REGULAR MEETING AGENDA — JUNE 9, 2014 Page 2of2 8. PLANNING A. Report on the June 3, 2014 Planning Commission meeting B. Report on Enchanted Island Violation Appeal 9. ENGINEERING /PUBLIC WORKS A. Public Information Meeting on the Storm Water Pollution Prevention Program B. Accept Proposal for Geographic Information Services C. Approve Change Order No. 1 — Vallevvvood Area Roadway Improvements, City Project 13 -01 10. GENERAL /NEW BUSINESS A. Discussion on Prohibiting the Use of Plastic Bags in the City Limits B. Liquor Ordinance and Fee Schedule Amendment C. Excelsior Firefighters Relief Association Fundraising Event -July 18, 2014 D. Request to Place Dumpster at Christmas Lake Access 11. OLD BUSINESS A. Deer Management Program 2014 — Results of Informal Resident Survey 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Recap of the Spring Clean Up Event 2. Trail Schedule B. Mavor and Citv Council 13. ADJOURN Attachments Engineer's memo Director of Public Works memo Engineer's memo, Resolution Administrator's memo, Ordinance Administrator's memo, Resolution, Special Event Permit Planning Director's memo Planning Director's memo Adm. Asst's memo Trail Schedule CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 . 952- 960 -7900 Fax: 952- 474 -0128 • -,N-ww.ci.shorewood.mn.us • citchall 'ciici.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, June 9, 2014 7:00 p.m. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item 4313: Council authorized staff to implement a purchasing card policy through PFM in conjunction Nvith the National League of Cities. Staff modified the model policy to fit Shorewood's needs. A resolution a establishing the purchasing card policy is provided for Council's consideration. Agenda Item 43C: Staff recommends acceptance of the proposal from American Engineering and Testing (AET) for required testing for the Valley -v, ood Lane and Valley -v' ood Circle Reconstruction project. Agenda Item 44: Matters from the Floor— members of the public have an opportunity to address the Council on an issue not on the agenda; no Council action Nvill be taken. Agenda Item 45: There are no public hearings scheduled this evening. Agenda Item 46A: Greg Nybeck, LMCD Executive Director and Deborah Zorn, LMCD Board Representative Nvill be present this evening to provide a report on the LMCD 2015 Budget Review and Aquatic Invasive Species discussion. Agenda Item 47: There are no park commission items this evening. Agenda Item 48A: Planning Commissioner Tom Geng is scheduled to report on the June 3, 2014 Planning Commission meeting. Agenda Item 48B: Planning Director Nielsen Neill provide a verbal report on this item. Agenda Item 49A: Jesse Carlson, WSB and Associates, Neill provide the Storm Water Pollution Prevention Program information presentation. Agenda Item 4913: Staff is seeking direction from the City Council regarding the GIS proposal provided. Agenda Item 49C: Staff recommends approval of a Resolution approving Change Order No. 1 in the amount of $8,054.45, for the 2013 Street, Drainage, and Utility Improvements project (Valley -wood Lane and Valley -wood Circle, City Project 13 -01.) Agenda Item 410A: Councilmember Hotvet asked this be placed on the meeting agenda to discuss prohibiting the use of plastic bags in city limits. Executive Summary — City Council Meeting of June 9, 2014 Page 2of2 Agenda Item 41OB: This item is consideration of an amendment to the Liquor Ordinance to allow for a temporary on -sale intoxicating liquor license, and to set the fee for said license. Agenda Item 41OC: The Excelsior Firefighters Relief Association (EFRA) is requesting a license to allow the sale of intoxicating liquor at its annual fundraising event on July 18, 2014. Should Item 41OB be approved, Council may consider this request. If the intoxicating liquor license is not approved, the EFRA's request for a 3.2 Percent Malt Liquor License is to be considered. Draft Resolutions are provided for either license. The Special Event Permit is also provided for approval. The EFRA Nvill be transmitting additional information regarding this request prior to Monday's meeting. Agenda Item 41OD: Dave and Peggy Schultz have requested permission to place a dumpster at the Christmas Lake Access for approximately six hours one day next Nveek. They are trying to finalize the cleanup and restoration from a fire that destroyed their boathouse last summer. Their intent is to ferry construction and cleanup debris from their shoreline to the access, Nvhere it Nvould be loaded into the dumpster and hauled avmy. Staff recommends approval of this request. Agenda Item 411A: The results of the informal resident survey regarding the Deer Management Program for 2014 are in. As Nvas reported at the last meeting, a significant number of those responding to the newsletter /Nvebsite survey favor continuation of the program for 2014. Staff has included verbatim comments that came N ith the survey responses. Based on the survey, staff recommends requesting MBRB to conduct the program as they have in the past. Agenda Item 412.A.1: Administrative Assistant Pat Fasching has provided an update on the amount of materials collected at the May 17 Spring Clean up event for Council information. Agenda Item 412.A.2: The Trail Schedule is provided for Council information. Agenda Items 41213: Mavor and City Council Members may report on recent activities. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION TUESDAY, MAY 27, 2014 MINUTES 1. CONVENE WORK SESSION MEETING Mayor Zerby called the meeting to order at 5:36 P.M. A. Roll Call Present: Mayor Zerby; Councilmembers Hotvet and Panchyshyn; Finance Director DeJong; PI Works Brown; and Engineer Hornby Park Commission Chair Mangold; Pa Commissioner Sawtell arrived at 6:05 P.M. Absent: Councilmembers Siakel and B. Review Agenda Woodruff moved, Hotvet s 2. DISCUSS Mayor Zerby welcomed the Director Ni proposed Concepts for Badj Unfortunately, they are cloy $1,230,000 In today's doll removal of the tennis courts. approving P as 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 5:30 PM Ni Dietz, Joynes; City Clerk Director of Public Motion passed 6/0. Ische; Council had directed staff to update and compare the cost estimates for two Park improvements. The costs for the two Concepts are not that far apart. to those` estimated for the TKDA plan in 2010 which were approximately that would be $1.6 million per Engineer Hornby. That plan included the veral of the costs have basically doubled in five years. He had originally used the cost estimate included in the Park Improvement Capital Improvement Program (CIP). For 2014 the CIP has allocated $118,000 for the Park improvements for the creek crossing, resurfacing the tennis courts and the start of the ball field improvements. For 2015 it allocated $405,000 for continued field improvements, parking and road improvements, and park amenities. Those equate to a total CIP budget of $523,000. About $80,000 of that is for the shelter. The Concept 1 & 2 cost estimate for the shelter is $250,000. The estimated cost for Concept 1 (north/south field orientation) is approximately $1,272,500 million and the cost for Concept 2 (east/west field orientation) is approximately $1,325,000 million. The Concept 2 estimated cost includes $25,000 for a building that does not need to be in there. Either of the two Concepts presented are better than the TKDA plan. They end up with additional parking for both the Park and the Southshore Community Center (SSCC). Neither Concept includes removal of the tennis courts. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 2 of 10 He reviewed three potential options staff had identified relative to the proposed Badger Park improvements. 1. Scale back the project — It would be scaled back to a budget Council and the Park Commission would be comfortable with. ➢ Eliminate the additional parking. Straighten out the driveway to the SSCC. ➢ Construct a very simple shelter similar to the one in Silverwood Park. ➢ Use portable toilets versus permanent restrooms with sewer and water. ➢ Eliminate trails within the Park. ➢ Eliminate the "village green ". ➢ Eliminate the decorative paving areas. 2. Phase the improvements in — This option would not period of years. The costs could increase due to lo! elements that could be phased in are as follows (they'ai ➢ Ball field changes /improvements; ➢ Parking improvements; ➢ Play area; ➢ Shelter; ➢ Overlook: ➢ Loop trail; and, ➢ Additional building — the gazebo in 3. Bond for ii pay for it. I be depleted Administrator Joynes is moving toward, res prudent to integrate the SSCC implications to doing that. 0, improvements' that have to be in for improvements for the Park improvements as the economy of scale not priority order): spreads it over a inflation. Various the City opts to move forward with the project bonding is one way to ;em an opportunity to include money for new trails. That funding will n Road east trail is built. [,Council to keep the situation of the SSCC in mind. He explained Council hat issue. One of the potential outcomes is that the SSCC comes back to comes,part of the City's park program. If that should happen, it may be more into the improvements for Badger Park. There are also financial or the next ten to twenty years there are about $200,000 in capital de to the SSCC that are not in the CIP. He stated if the City were to bond then consideration should be given to bonding for the trails and SSCC Chair Mangold stated all bf the budgeted amounts in the Park Improvement CIP are falling short today. They cannot be funded with the current level of transfers from the General Fund. Mayor Zerby noted that he likes to view the improvements from the perspective of needs versus wants. He stated if the SSCC is integrated into Badger Park then there are bathrooms in the SSCC. Maybe a new door could be built into the SSCC that would allow timed access to the bathrooms while the rest of the SSCC is closed. Then a simple shelter structure could be all that is needed. He clarified his comments are free flowing. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 3 of 10 Zerby stated the estimated costs include play equipment for $130,000. He asked if the current equipment has reached its end of life. Director Nielsen responded it is probably within three to five years of needing to be replaced. Chair Mangold stated that play equipment is the worst in all of the parks. Commissioner Ische stated some of paint finish on the equipment is flaking off and noted that the equipment is structurally and functionally sound. He asked Director Brown if that could be refinished. Brown stated he thought the coating is specialized coating and he thought the coating could be reapplied. Brown also thought that the three to five year remaining lifecycle is accurate. Councilmember Hotvet asked what the chances are of obtaining grants like the City did for Manor Park. Director Nielsen noted staff applies for grants for park projects whenever'possible. Nielsen clarified staff does not count on grants funds when it prepares the budget. Administrator Joynes stated grants are nice things to have but the City cannot count on them. Commissioner Ische stated the cost comparison sheets for Concept 1 and Concept 2 each have 20 items with costs estimates. He assumes that each of those items have, for example, 20 items underneath them. He asked what is included in the $250,000 cost for a shelter. He questioned if that could possibly be whittled down to a 5125,000 shelter. He stated Concept 1 includes, $70,000, for ball field work and Concept 2 includes $82,000 for that. The estimates for each Concept identif` $95,000 for two extras. He asked what is in the numbers for the extras. He then stated if the decision is made to take things out, scale things back or phase things in he cautioned against taking shortcuts that will that will be costly to improve later (i.e., the ball field). He recommended spending the necessary dollars on the ball field to make it as good as possible the first time. He stated if shortcuts were taken on the ball field upfront and it needed to be fixed five years down the road it would cost all of what was originally spent plus what was cut out the first time. He suggested taking things out that could be done without substantial cost implications at a later time. He stated the administrative ;costs are estimated to be $160,000 to $170,000. He asked what those costs are for. Engineer Hornby staled they are indirect costs some of which are administrative, permits, engineering and legal costs. Engineer Hornby 'clarified that the costs are concept level bid items and there is not a lot of detail associated with them. ff this were going out for bid there might be 100 bid items. He noted that the cost estimates,are somewhat conservative. Councilmember Woodruff stated he agrees with Mayor Zerby's comment about needs versus wants. Some real needs and, some nice to have things have been identified. He then stated he agrees that the ball field needs work. He also thinks the parking lot needs to be expanded just to support today's needs. He does not think the future of the SSCC will have much impact on what needs to be spent to expand the lot. He noted that the current shelter is about ready to fall down. He suggested the new shelter be similar to the shelter in Manor Park. He stated that shelter cost about $50,000 to $60,000 to rehabilitate. He thought it would cost about $150,000 to rebuild it. For Badger Park he envisions a small room with some storage, a couple of bathrooms and a patio with a shelter roof over it. He stated he could build a nice house for $250,000 if he already owned the land. Director Nielsen noted that the land the shelter would be built on is former swamp land and dealing with that adds expense. Woodruff noted that the sanitary sewer and water improvements add another approximate $30,000 to the $250,000 cost of the shelter. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 4 of 10 Engineer Hornby stated that a good portion of the shelter's cost is related to the foundation and remediation of the old swamp land. Jason Amberg, with WSB & Associates, stated that what is being designed is for a public utility that can take abuse. Councilmember Woodruff stated from his perspective the top three things that need to be addressed are the ball field improvements, the parking lot improvements and the shelter. He then stated Badger Park improvements have been seriously talked about for two and one half years and less seriously talked about it for five years. From his vantage point it is time to move forward with things. He asked what the cost would be to do those three things. He thought it would be close to $500,000 — $660,000. He stated he thought the City could come up with enough money to do those three things without having to bond for them. He noted he is not opposed to bonding. Chair Mangold stated to date the concept of the improvements' has been to move forward with all of them at one time as one general contracted project. He asked if the Park Commission should look at this as a normal project and solicit bids on the specific line items. Councilmember Woodruff stated from his vantage point he, would like to have three packages of improvements. Council can then determine how to fund each of them, At the completion of each package there would be usable results. He then stated that maybe the Park Commission just buys into the approach and Council directs staff to solicit bids. Chair Mangold asked if a general contractor Commissioner Ische stated,he thought the City would do better by having separate projects. He asked if the City would act as the general contractor rather than having an outside entity act as a general contractor. Mayor Zerby stated he believes Council's interest has been in doing the improvements in phases and noted that there does need to be a master plan. He then statedthat there had been some discussion about doing the hockey rink; the shelter and the parking ;lot in 2014 and then moving forward with the ball field. Zerby asked for clarification about what needs to be done with the play equipment. Councilmember Woodruff stated he would like to take the approach of refinishing that. Commissioner Hartmann asked how much that will cost and noted that it will need to be replaced in three years. She asked what value there would be in spending the money to refinish it just to replace it in three years. Commissioner Ische asked why it would have to be replaced in three years; what about the equipment warrants that. Zerby asked if the existing equipment is the right configuration. Does it need to be more handicap accessible? Is there some type of activity that the equipment does not serve? Is there an activity the equipment serves that is high risk? He asked if the equipment design is still appropriate. Chair Mangold stated the Park Commission does not intend to take that same structure and move it to a new location in Badger Park. But, if the equipment location will stay the same then the life of the equipment can be stretched out. Hartmann stated if the decision is made to go with Concept 2 the playground will have to be moved. Mangold stated it would have to be moved for both Concepts. Councilmember Woodruff explained there had been numerous discussions about the pros and cons of the leaving the ball field orientation as north/south and or changing it to east/west. He thought Concept 2 with the east/west orientation would result in a few more parking spaces than Concept 1. Director Nielsen CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 5 of 10 clarified that Concept 1 would result in a few more parking spaces and noted that Concept 2 connects with the SSCC better. Commissioner Ische stated the cost estimates for field related improvements indicate that Concept 2 would be about $50,000 more expensive that Concept 1. Director Nielsen noted most of that difference is the cost of having to move the lights. Councilmember Woodruff stated the cost to replace the play equipment is close to the cost of parking lot improvements. He asked which is more important: making the parking lot improvements and refinishing the play equipment with the understanding that it may have to be replaced and moved; or, new play equipment and no parking lot improvements. Commissioner Ische stated that Concept 1 would allow the play area to the time being without endangering children. Councilmember Woodruff noted that he favors C Chair Mangold stated the Park Commission favors Concept 1. Be( connect Badger Park with the SSCC the Commission believes thi sports. Concept 1 provides village green space that is out in frog Concept 2 it is more about filling the gap between the tennis courts Councilmember Woodruff stated that back during discussion about the green space being a place for events. He then state( there could be some associated lacrosse event occurring on the Commissioner Ische stated tournament for 2015. He not The village green space woul Councilmember Hotvet state the east side she questioned SSCC. She understands that with the that that SSCC. In Concept 1 everything 2 attempts to do. Hotvet suggeE doing what she proposed by pun the SSCC part of the park,syst SSCC. its current location for 's desire to more closely needs to be space that is not just for laat can be used with the SSCC. For the TKDA plan there was discussion Crosse game was being played maybe ka Youth Lacrosse Program is considering an end of summer the field sites there are vendors that put up tents and sell things. tl-v for that. 1 near the pedestrian connection north of the ball field on -e is another opportunity to have more green space even closer to the I take away from the turnaround loop. But, it may make the connection -re could be a picnic area and a gathering place for individuals at the )n the west side of the field. Director Nielsen stated that is what Concept addressing the loss of parking for Concept 1 that would come about by more parking in another area. Hotvet stated that if the goal is to have then either Concept could be refined to strengthen the connection to the Commissioner Ische stated that currently the biggest draw to Badger Park is for athletic games. Concept 1 with parking on the north side of the ball field and in front of the SSCC draws attention to the SSCC when people are at athletic events. With Concept 2 there really isn't any parking immediately in front of the SSCC. Director Nielsen clarified the parking around the SSCC does not change with Concept 2. There was continued discussion if there was more or less parking near the SSCC for each of the Concepts. Mr. Amberg stated there is gravel parking next to the well house and noted that with Concept 2 some parking in front of the SSCC was eliminated. Nielsen stated the plan was to take that gravel out. Councilmember CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 6 of 10 Woodruff stated he does not think there is anything wrong with leaving that gravel parking for overflow parking. Commissioner Sawtell asked if the plan is to move forward despite the high cost. Mayor Zerby stated there has been discussion about phasing in the improvements to try and find a way to make it more affordable. Councilmember Woodruff stated the City has a certain amount of money that would fund a significant portion of the improvements but it can't fund all of them anytime soon. Director Nielsen recommended doing the ball field and parking lot improvements together. If Council wants to split those then the field improvements should be done first. Commissioner Hartmann stated that for Concept 2 there needs to be a way to block the ball field so that children would not get hit by lacrosse balls or footballs when they are on the playground near the end zone on the west end. Chair Mangold stated Lacrosse has told the Park Commission that the play area for Concept 2 would not be usable during games because of that. Mayor Zerby asked if driving range nets could be put up or are they too costly and unsightly. Someone responded both. Commissioner Ische stated netting would be needed on the north end of the field for. Concept 1 to keep cars from being damaged. Either way netting will be needed. Ische then stated for Concept, l there is the village green on the west side of the field and a walking trail on the east side. There needs to be some backstop about 8 — 10 feet high to protect people from errant lacrosse shots. Director Nielsen stated there has been discussion about having landscaping to help do that; it is not shown on the drawing. Commissioner. Ische stated the issue with that is a person thinks they are safe but they are not. Administrator Joynes stated if Badger Park is going to be a usable park the bathrooms need to be convenient. In order to not tear things up a second time'to put the infrastructure in for bathrooms that needs to be done at the time of ball field improvements. From his perspective the SSCC bathrooms would be inconvenient and he cannot imagine parents letting their children go to those bathrooms by themselves. Mayor Zerby asked what there is now; are there port a potties. Director Nielsen stated there are bathrooms in the warming house and port a potties have been put out as well. Director Brown noted that the warming house is not open during the warm weather months. Commissioner Hartmann stated she does not think a girl will want, to use an outdoor port a potty. Councilmember Woodruff stated Concept 1 has the bathrooms on the west side of the field, they are close to the play area and the field. The SSCC bathrooms could be secondarv. Commissioner 'Ische stated that based on the estimated costs and the near $600,000 budget the improvements have to be phased in. He suggested evaluating which Concept would be easier to phase in and maybe it would be a melding of the two. Neither of them will flow real smoothly. With Concept 1 it would be easier from the ball field perspective. The field and parking lot improvements could be done but the shelter could not be done without replacing the play equipment because the shelter would almost be on top of the equipment. With Concept 2 the field improvements are more expensive but the shelter can be built without having to redo the play area. Councilmember Woodruff asked if there is a way to downsize the scope of the shelter to allow for the replacement of the play equipment. Councilmember Hotvet asked if there is anything wrong with using temporary buildings during the construction process. Councilmember Woodruff stated the City does not let residents do that so they City should not. Hotvet noted they are used at Cathcart Park. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 7 of 10 Mayor Zerby stated he prefers Concept 2. He recommended asking the Park Foundation for a contribution to build the playground or shelter. Councilmember Woodruff stated he prefers Concept 1 but can support Concept 2. He then stated everyone is aware the City does not have enough money to make all of the improvements. If just some of the improvements were done he suggested doing those that would serve the City's residents for a long time. Commissioner Dietz stated to him it sounds like the future plans for the SSCC are quite important. If people don't want people at a wedding to be able to go outside then things are fine. But if the goal is to have the SSCC be a regular source of income and an event center then it has to be made to look like more than a parking lot with a house at the end. He asked if bonding is off of the table. He stated without knowing the future of the SSCC it is difficult to say what the big picture is. Chair Mangold stated improvements need to be made to SSCC is. He then stated he is fine with phasing improv for funding other improvements in all parks for farther o Councilmember Woodruff stated it is Council's challenge to df years out. He then stated bonding has to be placed on the ballot. Director DeJong explained the City could do bd referendum or the Shorewood Economic Developme which is what it did for the public safety facilities asked how the market would view the EDA path v Woodruff stated for the City Hall- renovation the sec Hall. DeJong stated there would likely be more c generally what happens with lease revenue bonds is interest rate differential. With; bonding that has less escrow. Park independent of what the future of the in. But, there has to be a plan put in place how to fund park projects 10 — 20 Ling by getting resident authorization through a Authority (EDA) could issue lease revenue bonds d City Hall renovation. Councilmember Woodruff h the security underlying the bonds being a park. ty was City Hall and right now the EDA owns City icerns about the security. DeJong explained that e braid rating goes down one notch and there is an ecurity the City may be required to have a year's Councilmember Woodruff explained that for ,every $1 million in bonds the interest cost is $100,000 per year and that is based on the bonds for City Hall. That $100,000 adds about 1.5 percent to the levy. Director Nielsen stated that as part of that bonding there would be an opportunity to issue bonds for trails. Woodruff stated he would like to know what securities firms' thoughts are on this. Commissioner Dietz ' stated when his children were growing up they used the City's parks. They played seven sports. He is not convinced there are "X" number of children in the City that use the ball fields a few times a week. Yet everyone uses the trails. He commented that he does not think it would be an issue to walk an extra 50 yards or100 yards to get to the ball field although he did not like it when his children were playing sports. But, parking is a necessity. Chair Mangold reiterated he would really like Badger Park to have more usable space that is not just for sports, noting it does not have to be called the village green. He then stated that during peak performance times at the ball field parking is a big issue. Councilmember Woodruff stated no matter what improvements are made there will always be instances when parking will be an issue. Commissioner Ische noted that parking is very difficult during the changeover period when there are back to back games. That can never be accommodated. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 8 of 10 Chair Mangold stated either Concept is better than the current situation and reiterated that the Park Commission prefers Concept 1. Commissioner Ische stated Concept 1 ties things together — the green space, the picnic area, the shelter and the play grounds. With Concept 2 those four things are spread out. People are not going to run across the field to go from the picnic area to the village green when there is a game going on. It will be easier to keep track of children with Concept 1. Councilmember Hotvet stated that with Concept 1 the driver would have to Poop through under the canopy for the SSCC. Concept 2 has its own loop. Commissioner Hartmann stated there is no reason that a few parking spaces can't be given up to create some green space north of the ball field on the east side closer to the SSCC." She then stated that for Concept 1 there has not been any discussion about not pushing the field south a little, Engineer Hornby stated that doing that would result in a loss of a full row of parking just north of the field. ' Chair Mangold noted that Concept 1 and Concept 2 would amount of parking. Councilmember Woodruff stated in the scheme of things the $70,000 cost for moving the ball field south a little is a non - issue. He recommended spending $74,000 on that. Commissioner Hartmann stated if it is not broke don't fix it; it is working in the current location. The cost benefit of doing that is a few more parking spaces. Mayor Zerby asked if the existing play area is for pre-K or elementary. Director Nielsen stated a little of both. Zerby stated the plan is to replace that with two play areas. Nielsen stated there will be two different types of equipment. Mr. Amberg stated the recent trend is to separate play areas by age in part for safety reasons. Councilmember Woodru''suggested flipping the location of the two play areas around. Councilmember Hotvet stated Council had discussed bringing the play areas together because if a parent has a three -year old and a 5ryear old they would want the play areas next to each other. Woodruff stated for Concept 2 the pre -K area should be closer to the sideline of the ball field. Mayor Zerby stated the existing play area is already a multi -age play area. Chair Mangold stated that the Park Commission thinks both Concepts have issues. Mayor Zerby expressed his desire for staff to come back with a Concept 1.5. Council has not seen anything that incorporates the alternatives that have been discussed. For example, is there a way to create a turnaround for vehicles in Concept 1? Councilmember Hotvet reiterated that she wants the SSCC to be better connected. Councilmember Woodruff suggested Council work with staff on fine tuning the Concept(s). Then the Park Commission can get on to something else. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 9 of 10 Chair Mangold stated Council needs to remove the Park Commission from the process for now or it has to direct the Commission to work on something specific. Mayor Zerby explained the first time Council saw the Concepts it favored Concept 1. Then parking was presented as an issue so Council shifted to Concept 2. Now Council is in sticker shock from the price tag that was presented. Councilmember Woodruff suggested Council define a phase 1 and ask staff to come back with some costs for that phase and to explore bonding further. He stated once costs are known Council and staff can determine if the City can afford to do a phase 1 without bonding. He commented that if Council decides bonding is the way to go he thought that could happen within 60 days. Engineer Hornby stated if Council wants to phase the project in the .parking lot should be done last. Any time a heavy truck is brought on site for grading or building work that will potentially damage the parking lot. Mayor Zerby clarified the parking lot improvements should be done after the two other major components. Councilmember Woodruff reiterated his suggestion to do the ball field improvements, build the shelter and do the parking lot improvements together with parking being done last. Hornby noted that construction will not start in 2014. Councilmember Woodruff stated if that is costs and an overall bonding package. Commissioner Ische stated he just went through the cc the items Councilmember Woodruff just mentioned pt costs and that came to approximately $960,000 as pres, that can be saved in a number of the items if the associ4 it would be great to do the field work in the fall of this seeded until Tune 1, 2015, it won't be ready to use until, and staff talk about trails estimates for Concept 1 and totaled the costs of the extras, the contingencies and administrative -d. He then stated that he believes there is money 1 detail was assessed closely. He went on to state ar and seed the field by September 1. If it is not ie 1, 2016. think there is any obstacle to doing that. Mr..Amberg stating there needs, to be grading and irrigation design work done. Water and sewer service needs to be put in. Mayor Zerby asked if doing that would be enough to go the Minnehaha Creek Watershed District. (MCWD) and talk about a water reclamation project and potential grant funding. Engineer Hornby-stated the majority of the plan has to be put together before going to the MCWD for permitting and for possible grants. Mayor Zerby stated that would have to be done anyway for the field resurfacing. Councilmember Hotvet noted that the MCWD likes to be involved with putting the plan together. Commissioner Ische noted that the Minnetonka Lacrosse Program has indicated it will contribute $15,000 toward irrigation. He stated if there is any possibility of doing something this fall Tonka Youth football needs to be notified tomorrow. He commented that he thought that the Tonka Youth Association may be willing to contribute funding. Engineer Hornby noted that the field needs to grow for a full year before playing sports on it. Commissioner Ische stated that means the field will be unavailable for lacrosse for one season and football for two seasons. CITY OF SHOREWOOD WORK SESSION OF THE CITY COUNCIL AND PARK COMMISSION May 27, 2014 Page 10 of 10 Mayor Zerby asked Director Nielsen to come back with a Concept 1.5 for Council and staff discussion during Council's second meeting in June. Nielsen stated staff will try to do that. Councilmember Woodruff asked if Council could have some information on bonding by then and asked that Concept 1.5 have a north/south field orientation. There was indication the bonding research could be done. Administrator Joynes stated it will be easier to do the bonding than the design. Councilmember Hotvet noted she likes the idea of a hybrid concept. Councilmember Woodruff encouraged the Park Commission to think Mayor Zerby stated he remembers when Woodruff was early in his tenui Commission to submit a wish list for parks. 3. ADJOURN Woodruff moved, Hotvet seconded, Adjourning the Work Session of the Commission of May 27, 2014, at 6:54 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Jean Panchyshyn, City next big park project. uncil he asked the Park by, Mayor and Park CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 27, 2014 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:04 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Administrator Joynes; City Clerk Panch) Director Nielsen; Director of Public Works I Absent: Councilmembers Siakel and Sundberg. B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as 2. APPROVAL OF MINUTES A. City Council Executive Session Woodruff moved, Hotvet secor 12, 2014, as presented. Motion B. City Council Rt Woodruff moved; Zerby seconded, 2 12, 2014; as amended in Item 9.A, Pay the area beneath them would not be them would not be drivable street ". A 3. CONSENT AGENDA )proving the City 3/0. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. ttorney Keane; City for DeJong; Planning City Motion passed 310. Executive Session Minutes of May Aing Minutes, May 12, 2014 roving the City Council Regular Meeting Minutes of May 3, Paragraph 4, Sentence 1 change "... two cul -de -sacs and viable street" to "... two cul -de -sacs and the area between on passed 310. Mayor Zerby reviewedtbe item's on the Consent Agenda. Woodruff moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 14 -034, "A Resolution Approving Intoxicating Liquor License On -Sale Intoxicating Liquor and Special Sunday Sales, for the Minnetonka Country Club "; RESOLUTION NO. 14 -035, "A Resolution Approving Intoxicating Liquor License On -Sale Intoxicating Liquor and Special Sunday Sales, for American Legion Post #259 "; RESOLUTION NO. 14 -036, "A Resolution CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 2 of 9 Approving a 3.2 Percent `Off -Sale' Malt Liquor License, for Shorewood 2001 LLC, dba Cub Foods "; RESOLUTION NO. 14 -037, "A Resolution Approving an Off -Sale Intoxicating Liquor License, for Park Square Subway, Inc., dba Shorewood Liquor "; and, RESOLUTION NO. 14 -038, "A Resolution Approving an Off -Sale Intoxicating Liquor License, for TL Shorewood Inc. dba Team Liquor Wine & Spirits." C. Approve Agreement Between South Lake Minnetonka Police Department and City of Excelsior for Summer Dock and Park Patrol Services D. Setting a Date for a Work Session to Discuss Establishing a'Policy on the Use of Chemicals for Vegetation Management E. Accept Proposal for Professional Design and Construction Services for Sunnyvale Lane Improvement Project F. Adopting RESOLUTION NO. 14 -03�, "A Resolution Establishing the 2015 Budget Schedule." Councilmember Woodruff explained that in 2013 the 2014 maximum tax levy was set before the 2014 Capital Improvement Program (CIP) budget was discussed. The,proposed 2015 budget schedule shows the same thing will happen. He expressed concern that there a few capital items that Council may want to spend a significant amount of money on in 2015 that would require levy changes. He stated there has to be some idea of what those items would cost before the maximum tax levy is certified with Hennepin County. Staff has to give Council either wider, latitude of General Fund options or there has to be discussion about 2015 capital items before scheduled October 27dscussion. Director DeJong stated the schedule is consistent with previous years. He noted it affects transfers out of the General Fund into the capital funds. Councilmember Woodruff stated some transfer costs have to be built into the 2015 Operating Budget before the maximum levy is certified. Then if the costs built into the budget are too high the budget can be reduced before it is adopted in December. Administrator Joynes stated Council and staff need to discuss what additional capital items Council wants to be done in 2015. Depending on what happens with the Southshore Community Center there could be capital needs there in 2015. There are some unknowns. Staff can attempt to estimate what those costs might be. He requested there be Council input. Councilmember Woodruff stated Council can decide to change the budget schedule later. Administrator Joynes stated that staff will compile a list of items it is aware of. He noted there will be some operational things in the 2015 Operating Budget that will be add -ons that came out of the February 2014 Council and staff retreat that Council will have to decide on. Councilmember Woodruff clarified that he is looking for a not to exceed capital amount. Motion passed 310. 4. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 3 of 9 There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS A. Report on the May 7, 2014, Park Tours and May 13,''2014, Park Commission Meeting Park Commissioner Hartmann reported on matters considered and actions taken at the May 7, 2014, Park Tours and the May 14, 2014, Park Commission meeting (as 'detailed in the minutes of those meetings). Councilmember Woodruff stated the Park Tour meeting minutes indicated that balls still roll under the new ball fence in Freeman Park. It was his recollection that one of the reasons for installing new fence was to keep that from happening. Commissioner Hartmann stated that is being addressed by the installer. Woodruff then stated that last year about $20,404 was spent to remove buckthorn in Freeman Park. He asked if anyone has assessed the success of that"effort. Hartmann noted that effort was driven by Council; the Park Commission had nothing to do with that. Woodruff"asked for a report on the success of that effort. B. Autho Director Nielsen explained that Eagle Si a project in Shorewood: On the list of p there was a project for installing a b Silverwood Park. Mr. Bushnell made a' approval 'ofproject and contributing up Mr. Bushnell is present. Mr. Bushnell asked Council to e of Funds in Support of an Eagle Scout Project for a Park ark andidate Benjamin Bushnell had asked the City about doing al Eagle Scout projects developed by the Park Commission, somewhat in between the play equipment and shelter in atation to the Commission. The Commission recommended 1200 for the purchase of the bench and materials. He noted the expenditure of up to $1,200. Councilmember Hotvet noted that she was the Council liaison at the Park Commission meeting when Mr. Bushnell made his presentation. She stated the bench would be consistent with things in other parks. She noted that time is of the essence. Mr. Bushnell noted that his birthday is mid -July. Hotvet explained the project and Mr. Bushnell's supporting paper work must be done and submitted by his birthday. In response to a question from Councilmember Woodruff, Director Nielsen explained the bench will cost about $700 plus tax and shipping. Materials for the base of the bench are also needed. In response to a question from Mayor Zerby, Director Nielsen explained the base will be concrete and the bench is made out of recycled resin material. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 4 of 9 Hotvet moved, Woodruff seconded, approving the Eagle Scout project that will be done by Benjamin Bushnell and authorizing the expenditure of up to $1,200 for the purchase of a bench and related materials. Motion passed 310. Councilmember Hotvet asked Mr. Bushnell to send the City a picture of the finished product. 8. PLANNING A. Update on Three Violation Appeals from the May 12, 2014, Regular City Council Meeting Director Nielsen explained that during its May 12, 2014, meeting C violations. All three appellants were given until today, Mary 27, t The one at 28150 Boulder Bridge Drive has been resolved. The or resolved but there is some question about where the fish house ended that property tomorrow. The container in violation on the 4390 En property owner has not been successful in getting the new owner to asked for one more week to get the container off of his property. He gone by then the City will begin assessing the administrative penalt3 property located at 5770 Smithtown Circle were cited for having a vi their property. They were given until May 15 to take that structure de Woodruff moved, Zerby seconded, giving the owner of the prop the container in violation off of his property. Motion passed 310. 9. ENGINEERING /PUBLIC WORKS 10. A. Fourth of July. Event Request for mncit heard appeals of three zoning 1ring the violations into compliance. at 25480 Smithtown Road is also up. He is meeting with the owner of ;hanted Point has, been sold but the remove it. That ptoperty owner has recommended doing that. If it is not , Early in the year the owners of the ryl structure that was in violation on vn and they have done so. June 2, 2014, to remove Administrator Joynes staled the Excelsior — Lake Minnetonka Chamber of Commerce has made its annual request for a contribution, the Fourth of July fireworks event. He noted the 2014 Operating Budget allocates $5,000 for that purpose. Mayor Zerby stated he thinks that is a great event and it is a high value to the Shorewood residents. Zerby moved, Woodruff seconded, authorizing $5,000 of funding to the South Lake — Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July celebration. Motion passed 310. B. Resolution Approving the Operations of Dog Breeding at 6065 Lake Linden Drive Administrator Joynes explained the City received a request from Lindy Forstater, 6065 Lake Linden Drive, for permission from the City to breed up to two occasional litters of puppies per year similar to what she has done in the past. Ms. Forstater holds a multiple dog license with the City. There are a number of state requirements for animal breeders and dealers. All of them require the City to give approval to those residents who want to do that. It is not clear if she fits into those categories. He noted the resolution included in the meeting packet would approve the occasional dog breeding and that Ms. Forstater is responsible to comply with all state and federal regulations related to dog kennels, breeders, and dealers that are applicable. If she should change how she does things or wants to breed more CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 5 of 9 frequently it would be her responsibility to seek that approval from the State. He also noted it complies with the City's ordinance. Lindy Forstater, 6065 Lake Linden Drive, stated she has had long history in the community. She clarified that breeding dogs is her hobby; she is not a kennel or dealer. She explained she raises puppies because of her passion for the breed. She stated she worked at the Snyder's Pharmacy for ten years and she worked for three years at a pet clinic. She has medical and handling experience related to caring for dogs. She graduated from college with an animal science minor. She attends a lot of community education classes related to dog training and breeding. Councilmember Woodruff stated it is his recollection that the City's ordinance contains language about the number of dogs up more than six months old that can live on a property. Administrator Joynes noted the number is four. Ms. Forstater stated the language used to be up to nine months old and noted she can live with six months if she has to. She explained it is hard to know how tall the dogs are going to be at six months. Mr. Forstater stated she would like to be able to have three litters in a year because she does not get a litter each time she does a breeding. Councilmember Woodruff asked if Council is going to Administrator Joynes responded yes. Hotvet moved, Woodruff seconded, Ai Approving the Operation of a Dog Breeder 11. OLD BUSINESS A. Deer each resident request individually. "A Resolution Drive." Motion passed 310. Director Nielsen stated during Council's last meeting he indicated he would report on the results of the survey about whether or not to continue the Deer Management Program in 2014. At that time he did not know the survey is open through May 31. 'To date the survey responders overwhelmingly voted to continue the Program for 2014 — the count was 34 yes and 6 no. With regard to reducing the number of weekends 26 said no. With regard to reducing the number of sites 30 said no. He noted he will have the final survey results for Council's next meeting. 12. STAFF AND COUNCIL; REPORTS A. Administrator and Staff 1. Monthly Budget Report Mayor Zerby noted that the meeting packet contains a copy of the April 2014 monthly budget report. 2. Update on County Club Road Speed Data Director Brown explained road tubes were placed on Country Club Road to record the frequency and speed and time of day for travel in each direction. Data was recorded from May 15, 2014, 8:00 A.M. through May 20, 2014, at 2:00 P.M. The results indicate the 85"' percentile (it is used to judge reasonable CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 6 of 9 speed) is 30.3 miles per hour (mph). The posted speed for that roadway is a 30 mph. The meeting packet includes a copy of the data log from the data collector. Councilmember Woodruff stated the data included in the packet is very different from the data the last time the tubes were used which was about three years ago. He noted that he looks speeds of 35 mph or higher on that roadway as issues; about 14 percent of the traffic traveled at speeds above 35 mph. He had been pushing to have enhanced speed enforcement during the most problematic hours. The current data reflects the speeding above 35 mph occurs consistently between 9:00 A.M. and 7:00 — 8:00 P.M. There is not a concentrated time period that can be targeted. He noted that any enhanced speed enforcement is not warranted at this time. 3. South Lake Minnetonka Police Departme Administrator Joynes noted that South Lake Minnetonka Litsey has informed the SLMPD Coordinating Committee tr 28, 2015. He explained that because of that there has been 9c the SLMPD. At the same time there has been discussion ab, both the SLMPD and the Excelsior Fire District Administrators/Manager will be having a series of meetings on May 21. The process will take quite a lot of time. Nothing Mayor Zerby stated that the SLMPD Co operation and assess other models of op( 4. South Lake Administrator Joynes noted process has started. All mate website. 5. Rep Mayor Zerby ' explained that working with the surroundin! the Shorewood Public Wori Public Works Departments agreement to share salt stor effort for snow plowing beti use software it had to see if blades are lifted). o-int Powers Agreement artment� (SLMPD) Chief Bryan s to retire no later than February on about suecession planning for at the organizational structure of member cities' Mavors and and the first meeting was decided. Committee views this as an opportunity to reassess the nt 2015 Budget Process Lake Minnetonka Police Department (SLMPD) 2015 budget to the Coordinating Committee can be found on the SLMPD's the March 2013 Council and staff retreat there was discussion about iunitics on a greater basis. He and Director Brown have explored how rtment could work more closely with the Excelsior and Tonka Bay of the outcomes was Shorewood and Excelsior entered into an .ce. The next thing that was discussed was a possible collaborative two Cities. WSB & Associates was asked to look at the routes and tes could be optimized to reduce dead -head time (the time when the Director Brown explained that WSB did perform the analysis. WSB determined an average snowfall event costs the City approximately $1,900 in labor and equipment under the existing route plan. WSB also determined that by Shorewood and Excelsior combining routes the total cost for an average event would be $3,180. That is an overall savings of approximately $340 per event. There has not been discussion about how that would be split between the two Cities. It is easy for the software to calculate the cost of plowing Smithtown Road. It is more challenging for Excelsior's downtown area where there are multiple plowings and the snow has to be hauled away. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 7 of 9 Mayor Zerby stated he asked the WSB engineer if it would be fair to say 10 percent would be saved by the two Cities working together and the engineer told him it would be. He noted he thought 10 percent is conservative. He stated he thought the savings would be greater once the two Public Works Departments refined the process and determined which equipment was more effective for which areas. He explained snow has to be hauled away from Excelsior's downtown area because there is no room to store it along side of the roadway. He stated he sees the Shorewood plow trucks driving on Water Street downtown Excelsior quite a bit. Therefore, this makes sense to him. He related that the Excelsior Mayor supports this effort as well. He would like to formalize such an arrangement. Councilmember Hotvet stated she thought there would also be intangible benefits such as reduced wear and tear on equipment. She thought it would be efficient and effective and the right thing to do. Councilmember Woodruff stated he would like to know how i Shorewood. He thought it prudent for the agreement between Shores what the service and quality of work expectations are. Councilmember Woodruff asked Director Brown how many events t] typically approximately 26 but this year there were 3,4. Woodruff sta would save $6,000 a year if it received $200 of the $340. Councilmember Hotvet stated that maybe this would also policies and possibly result in similar policies. Other $340 savings would be celsior to clearly specify are each year, Brown.. responded that would mean that Shorewood about snow emergency Director Brown explained there is a percolation pond for the -Boulder Bridge subdivision which was developed around 1980. There is no formal outlet for the pond. Over the years the City has had to set up a City -owned trailer mounted pump with a 350 horsepower engine and run discharge hose all the way down to Howards Point Road to the storm sewer at the intersection with Smithtown Road to remove water from the pond. During the day the City received a number of calls from homeowners asking the City to set up the pumping. That will be done tomorrow. In the past the City received complaints about the noise when the pump was running. When `speaking with homeowners living near where the pump would be staff informed them that the fours the pump would be operated would be abbreviated to 7:30 A.M. to 5:00 P.M. The residents near flowards Point Road would prefer that the hose be run closer to the Boulder Brid -e area but there is not much sewer system in that area. Mayor Zerby stated that a previous Council had not wanted to spend the money to put a more permanent solution in place based on the number of residents in the Boulder Bridge development. He asked if the Homeowners Association has ever been asked to share the cost to do that. Director Brown stated the last time that pumping had to be done the City attempted to get the Association to pay for restoration and landscaping costs to no avail. He noted that he would like to again attempt to get a line installed. Having to depend on Public Works to put up temporary pumping facilities is not the best solution. It takes a considerable effort to set it up and if there was significant rainfall going on at that time and debris falling down Public Works would be pulled from those cleanup efforts. Mayor Zerby stated he is convinced that 100 year events are occurring every ten years now. He offered to meet with Director Brown and Homeowners Association management to have a discussion. Any other member of Council could join in on the discussion. Councilmember Woodruff stated that would be a proactive approach. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 8 of 9 Councilmember Woodruff stated Mary Lake is a pond with no outlet as well. He asked if staff has to pump out that pond. Director Brown stated that pond is okay and noted there is another relatively large ponding area over near Clover Lane that has had to be pumped out in the past. Woodruff noted that it is his recollection that the very rough estimate for a permanent solution for Mary Lake was about $500,000. The then council did not think that would be a good investment being Mary Lake only had to be pumped out every four or five years. Director Brown stated that earlier in the day there was a pre - construction conference for the Apple Road restoration project. Engineer Hornby stated the residents living in the area where the Smithtown Road west sidewalk is have been notified that the contractor for that project will start working on the final punch list items in May. He noted the rainy weather has delayed the contractor. Director DeJong stated finance staff is continuing to wrap up 'audit related activities and staff is continuing with training on the web portion of the finance software. He noted that on June 23 finance software vendor representatives will be on site for the- cutover of the utility billing component. Mayor Zerby stated that one or two Council meetings ago he as" included in the meeting packet for information purposes. He ask trail project and the Smithtown Road east sidewalk/trail project. the Galpin Lake Road trail project are about 90-''85 percent co two property owners about temporary construction easements. one of them. Staff has presented some concepts to the Minnesot for the part along Highway 7 in order to reduce the review t :cd that a schedule for the trail projects be ed for an update on the Galpin Lake Road Engineer Hornby explained that plans for nplete. He has asked WSB staff to talk to It may be possible to avoid the need for G Department of Transportation (MnDOT) me. MnDOT's comments were received about a week ago. Construction in August continues to be the plan. With regard to the Smithtown Road east project, Engineer Hornby stated that staff will write a professional services agreement for the feasibility study and present that to Council for approval during its June 9 meeting. After that it will take 30 — 60 days to complete the feasibility, report. Attorney Mayor the property across the road. Councilmember Woodruff stated, most of Council and some staff received an email from a resident living along side of Wedgewood Drive' regarding speeding. That has been a continuing issue. He asked if someone is going to respond to that email. At a minimum the City could put the road tubes out and find out what is actually going on. He asked for a report on this during Council's next meeting. Councilmember Hotvet stated she attended a Minnetonka Family Collaborative Council (MFCC) meeting as the City's liaison. It is a multi - agency (e.g., the ICA food shelf, the Minnetonka School District, Hennepin County Social Services) support group that serves people in the area in need of support. MFCC has wrapped up the year. She noted that MFCC is a grant giving entity. Mayor Zerby stated he attended the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee regular quarterly meeting on May 14 and a succession planning meeting on May 21. Councilmember Woodruff stated he will attend the Excelsior Fire District board meeting on May 28 because Councilmember Siakel cannot attend. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 9 of 9 13. ADJOURN Hotvet moved, Woodruff seconded, Adjourning the City Council Regular Meeting of May 27, 2014, at 8:03 P.M. Motion passed 310. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder AT] Jear City of Shorewood Council Meeting Item Title/ Subject: Verified Claims Meeting [late: June 9, 2014 Prepared by: Michelle Nguyen, Senior Accountant Bruce Delong, f=inance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid? Background: Claims for council authorization. 60428 -60429 & ACH 37,593.80 Pending Checks & ACH 162,993.03 Total Claims $200,586.83 We have also included a payroll summary for the payroll period ending June 7, 2014. 43A MEETING TYPE Regular Meeting Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents and funds are budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay these claims or may reject any expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. Next Steps and Timelines: Checks will be distributed following approval. Payroll G/L Distribution Report User: bdejong Batch: 0000 1,06.2014 - PR 060214 CITY OF SHOREWOOD City of Shorewood Account Number Debit Amount Credit Amount Description FUND 101 General Fund 101 -00 -1010 -0000 0.00 47,388.57 CASH AND INVESTMENTS 101 -13- 4101 -0000 7,709.57 0.00 FULL -TIME REGULAR 101 -13 -4121 -0000 490.53 0.00 PERA CONTRIB - CITY SHARE 101 -13- 4122 --0000 517.61 0.00 FICA CONTRIB - CITY SHARE 101 -13 -4151 -0000 20.14 0.00 WORKERS COMPENSATION 101 -15 -4101 -0000 4,646.68 0.00 FULL -TIME REGULAR 101 -15 -4121 -0000 306.26 0.00 PERA CONTRIB - CITY SHARE 101 -15 -4122 -0000 308.75 0.00 FICA CONTRIB - CITY SHARE 101 -15 -4151 -0000 12.35 0.00 WORKERS COMPENSATION 101 -18 -4101 -0000 6,190.31 6.00 FULL -TIME REGULAR 101 -18- 4121 -0000 386.99 0.00 P£RA CONTRIB - CITY SHARE 101 -I8- 4122 -0000 378.33 0.00 FICA CONTRIB - CITY SHARE. 101 -18- 4151.0000 21.41 0.00 'WORKERS COMPENSATION 101 -24 -4101- 0000 4.067.1.6 0.00 FULL -TIME REGULAR 101 -24- 4121 -0000 262.23 0.00 PERA CONTRIB - CITY SHARE 101 -24- 4122 -0000 234.04 0.00 FICA CONTRIB - CITY SHARE 101 -24- 4151 -0000 19.91 0.00 WORKERS COMPENSATION 101 -32- 4101.0000 12,177.32 0.00 FULL -TIME REGULAR 101 -32 -4105 -0000 273.80 0.00 STREET PAGER PAY 101 -32 -4121 -0000 794,36 0.00 PERA CONTRIB - CITY SHARE 101 -32 -4122 -0000 785.17 0,00 FICA CONTRIB - CITY SHARE 101 -32 -4151 -0000 392.11 0.00 WORKERS COMPENSATION 101 -52- 4101 -0000 4,579.63 0.00 FULL-TIME REGULAR 101 -52 -4103 -0000 810.00 0.00 PART -TIME 101 -52 -4121 -0000 250.08 0.00 PERA CONTRIB - CITY SHARE 101 -52- 4122 -0000 354.13 0.00 FICA CONTRIB - CITY SHARE 101 -52- 4151 -0000 154.48 0.00 WORKERS COMPENSATION 101 -53- 4101 -0000 720.07 0.00 FULL -TIME REGULAR 101 -53- 4103 -0000 360.00 0.00 PART -TIME 101 -53- 4121 -0000 52.21 0.00 PERA CONTRIB - CITY SHARE; I01 -53- 4122 - 0000 81.50 0.00 FICA CONTRIB - CITY SHARE 101 -53 -4151 -0000 1.44 0.00 WORKERS COMPENSATION FUND Total: 47,388.57 47,388.57 PR - GIL Distribution Report (0610312014 - 12:46 PM) Page 1 Account Number Debit Amount Credit Amount Description FUND 201 South9hore Center 201 -00- 1.010 -0000 0.00 1,501.59 CASH AND INVESTMENTS 201 -00- 4101 -0000 1,017.90 0.00 FULL -TIME REGULAR 201 -00- 4102 - 0000 61.43 0.00 OVERFIME, 201 -00- 4103 -0000 245.25 0.00 PART -TIME 201 -00- 4121 -0000 78.25 0.00 PERA CONTRIB - CITY STIARE 201 -00 -4122 -0000 97.09 0.00 FICA CONTRIB - CITY SHARE 201 -00 -4151 -0000 1.67 0.00 WORKERS COMPENSATION FUND Total: 1,501.59 1,501.59 FUND 601 Water Utility 601 -00 -1.010 -0000 0.00 5,613.40 CASH AND INVESTMENTS 601 -00- 4101 -0000 4,603.52 0.00 FULL -TIME REGULAR 601 -00 -4105 -0000 296.00 0.00 WATER PAGER PAY 601-00- 4121 -0000 299.20 0.00 PERA CONTRIB - CITY SHARE 601 -00- 4122 -0000 299.46 0.00 FICA. CONTRIB - CITY SHARE 601 -00 -4151 -0000 115.22 0.00 WORKERS COMPENSATION FUND Total: 5,613.40 5,613.40 FUND 611 Sanitary Sewer Utility 611 -00 -101.0 -0000 0.00 4,630.58 CASH AND INVESTMENTS 611 -00 -4101 -0000 3,755.97 0.00 FULL -TIME REGULAR 611 -00 -4105 -0000 296.00 0.00 SEWER PAGER PAY 611 -00 -4121 -0000 237.80 0.00 PERA CONTRIB - CITY SHARE 611 -00- 4122 -0000 251.15 0.00 PICA CONTRIB - CITY SHARE 611 - 00.41.51- 0000 89.66 0.00 WORKERS COMPENSATION FUND Total: 4,630.58 4,630.58 FUND 621 Recycling Utility 621 -00- 1010 -0000 0.00 376.75 CASH AND INVESTMENTS 621 -00- 41.01 -0000 334.02 0.00 FULL -TIME, REGULAR 621 -00 -4121 -0000 21.24 0.00 PERA CONTRIB - CITY SHARE 621 -00- 4122 -0000 21.49 0.00 FICA CONTRIB - CITY SHARE FUND Total: 376.75 376.75 FUND 631 Storm Water Utility 631 -00 -1010 -0000 0.00 2,6110.63 CASH AND INVESTMENTS 631 -00- 4101 - 0000 2,174.53 0.00 FULL -TIME REGULAR 631 -00- 4102- 0000 85.20 0.00 OVERTIME 631 -00 -4121 -0000 158.09 0.00 PERA CONTRIB - CITY SHARE PR - GIL Distribution Report (06103/2014 - 1246 PM) Page 2 Account Number Debit Amount Credit Amount Description 631 -00 -4122 -0000 143.07 0.00 FICA CONTRIB - CITY SHARE 631 -00- 4151 -0000 49,74 0.00 WORKERS COMPENSATION FUND Total: 2,610.63 2,610,63 FUND 700 Payroll Clearing Fund 700 -00 -1010 - 0000 62,019.71 0.00 CASH AND INVESTMENTS 700 -00- 2170 -0000 0.00 31,000.85 GROSS PAYROLL CLfiARING 700-00-2171-0000 0.00 6,396.05 HEALTH INSURANCE PAYABLE 700 -00 -2172 -0000 0.00 4,101,84 FEDERAL WITHHOLDINGPAYABLE. 700 -00 -2173 -0000 0.00 1,850.28 STATE WITHHOLDING PAYABLE 700 -00 -2174 -0000 0.00 6,943.58 FICA/MEDICARE TAX PAYABLE 700 -60 -2175 -0000 0.00 6,270.05 PERA WITHHOLDING PAYABLE 700 -00 -2176 -0000 0.00 1,625.00 DEFERRED COMPENSATION 700 --00 -21.77 -0000 0.00 87813 WORKERS COMPENSATION 700 -00- 2179 -0000 0.00 192.00 SEiC. 125 DEP CARE REIMB PAYABLE 700 -00- 2180 -0000 0.00 406.73 LIFE. INSURANCE. 700 -00- 2181 -0000 0.00 754.83 DISAMLITY INSURANCE 700 -00- 2182 -0000 0.00 312.32 UNION DUES 700 -00- 2183 -0000 0.00 1,288.05 HEAI,.TH SAVINGS ACCOUNT FUND Total: 62,019.71 62,019.71. Report Total: 124,141.23 124,141.23 PR - GIL Distribution Report (0610312014 - 12:46 PV) Page 3 Accounts Payable Computer Check Proof List by Vendor User: tnnguyen Printed: 06/04/2014 - 1 1:56AM Batch: 0 0001.06.2014 - RWROLL- 06042014 Invoice No ;Description Amount Payment Bate Acct Number Reference Vendor: 5 EFTPS - FEDERAL WIH Check Sequences: 1 ACH Enabled: True PR Batch 0000 1.06.2014 FICA Employee Portio 2,81174 06/03/2014 700 -00 -2174 -0000 PR Batch 0000 1.06.2014 FICA Employee PR Batch 0000 1.06.2014 FICA Employer Portio: 2,81174 06/03/2014 700 -00- 2174 -0000 PR Batch 00001.06.2014 FICA Employer I PR Batch 0000 1.06.2014 Medicare Employee Pc 658.05 06/03/2014 700 -00- 2174 -0000 PR Batch 00001.06.2014 NlediCare Emglol PR Batch 0000 1.06.2014 Medicare Employer Po 658.05 06!0./2014 700 -00 -2174 -0000 PR Batch 00001.06.2014 Medicare Emplo_ PR Batch 0000 1.06.2014 Federal Income Tax 4,101.84 07610312014 700 -00- 2172 -0000 PR Batch 00001.06.2014 Federal Income I Check Total: 11,045,42 Vendor: 2 ICMA RETIRE MENT TRUST-302131-45 7 Check Sequence: 2 ACH Enabled: False PR Batch 00001.06.2014 Deferred Camp Flat At 1,625.00 06/03/2014 700 -00 -2176 -0000 PR Batch 0000 1,06,2014 Deferred Comp f Check Total_ 1,625.00 Vendor: 481 KELLY LAMPE Check Scquencc: 3 ACH Enabled: False 21360 Christmas 21360 Christmas Lane Escrow Refund 15,615.00 06/04/2014 880 -00- 2200 -0000 Check Total: 15,615.00 Vendor: I1 MN DEPT OF REVENUE Check Sequence: 4 ACH Enabled: True PR Batch 0000 1.0&2014 State Income Tax 1,850.28 06/03/2014 700 -00 -2173 -0000 PR Batch 00001.06.2014 State Income Tax Check Total: 1,850.28 Vendor: 9 PERA Check Sequence: 5 ACH Fnabled: True PR Batch 00001.06.2014 MN -PERA Deduction 2,902.5 i 06/03/2014 700 -00- 2175 -0000 PR Batch 00001.06.2014 MN -PERM Dedu PR Batch 00001.06.2014 MN PERA Benefit Em 3x367.24 06/03/2014 700 -00- 2175 -0000 PR Batch 00001.06.2014 MN PIRA Benei Check Total: 6,270.05 Vendor: 1 WFUS FARGO HEALTH BENEFIT SVGS Check Sequence: 6 ACH Enabled: True PR Batch 00001.06.2014 Health Savings Accour 1,288.05 06/03 %2014 700 -00 -2183 -0000 PR Batch 00001.06.2014 Health Savings A Check Total: 1,288.05 AP- Computer Check Proof List by Vendor (06/042014 - 11:56 AM) Pave 1. Invoice No Description Amount Payment Date Aect Number Reference Total for Check Run_ 37,693.80 Total of Number of Checks: 6 AP- Computer Check Proof List by Vendor (06/04/2014 - 11:56 AM) Page 2 Accounts Payable Computer Check Proof List by Vendor User: nnmyet City of Printed; 06;05/2014- 1:41PM Shorewood Batch: 00002.06.2014 - COUNCIL 06092014 Invoice No Description Amount Payment Date Aect Number Vendor: 123 BLUE-TARP FINANCIAL INC Check Sequence: 1 4062018855 Safety vests 100.20 06/49/2414 101 -32- 4245 -04170 Check Total: 100.20 Vendor: 134 CARQUEST AUTO PARTS Check Sequence- 2 6974- 227082 Exhaust Parts 134,89 06/09/2014 101 -32 -4221 -0000 6974 - 227538 Steering Stabilizer 68,87 06/09/2614 101 -32- 4221 -0000 Check Total: 203.76 Vendor: 136 CENiERPOWT EN11-AGY Check Sequence: 3 79456885 - 052314 20630 Manor Rd - 04122 -45121 9922 46/09/2014 10t-52-4380-0000 86501806 - 052314 5735 Country Club Rd- 04/22 -OS/21 35.58 06 /09 /2014 201 -00- 4380 -0006 Check Total: 134.84 Vendor: 137 CENTURY LINK Check Sequence: 4 9524702294 -MY14 952 -410- 2294 -PW 59.57 06109!2014 t01 -32 -4321 -0000 9524706340 -MY14 952- 474 - 6340 -CH 123.09 06109/2014 141 -19- 4321 -0000 9524709605 -MY14 952- 474 - 9605 - Amesbury 75.09 06109/2014 601 -00- 4394 -0400 9524709606 -MY14 952 -474- 9606 - Amesbury 75.09 06/0912014 601 -00- 4394 -0000 Check Total: 332.84 Vendor: 138 CERTIFIED APPLIANCE RECYCLING Check Sequence: 5 39923 Spring Cleanup 6,740!14 06/0912014 621 -00- 3732 -0000 Check Total: 6,740.40 Vendor: 143 CITY OF CHAN-HAS SEN Check Sequence, 6 05131/2014 018505- 002- Stornmater- PID25- 7700060 39.45 06/09/2014 101 -52 -4380 -0000 Check Total 39.45 Vendor: 158 CUB FOODS - SHOREWOOD Check Sequence: 7 05/24114 -Park Park Commission Meeting - 05127 29.78 06109!2014 101 -52- 4245 -0000 Check Total, 29.78 Vendor 166 EARL F ANDERSEN Check Sequence: 8 0104796 -IN Traffic Cove 396.00 06/09/2014 101 -32 -4254 -0000 Check Total: 396.00 Vendor: 167 ECM PUBLISHERS INC Check Sequence: 9 164825 Planning * - PHN - Lehman Variance 82.58 06/09/2014 101 -18 -4351 -0000 104826 Planning- PHN - Xcel Energy CUP 82.58 06/0912014 101-18-435t-0000 Check Total: 16516 Vendor: 483 EDINA COURIER Check Sequence: 10 44470 Alcohol 8c Ganbling Enforcement Package 75.64 06/09/2014 101 -13- 4208 -6000 Check Total: 75.64 Vendor: 181 EXCELSIOR -LAKE MINNETONKA CHAMBER Check Sequence: 11 909 -2014 July 4th -2014 Fireworks Sponsorship 5,00600 06!0912014 101 -11- 4433 -0000 Check Total: 5,000.00 Vendor: 184 GREGORY FASCHING Check Sequence: 12 06!0412414 Child Care Reimbursement- 06104114 1,597.00 06/09/2014 706 -00 -2179 -0004 Check Total: 1,597.00 Vendor: 183 PATRICIA EASCHING Cheer; Sequence: 13 (35!28114 -Elect Election Training Mileage & Lunch 1190 06109/2014 101 -13 -4331 -0000 Check Total: 12.90 Fund Dept General Pub Works General Pub Works General Pub Works Generat Pail: Mann SSC Non -Dept Genetnl Pub Works General Mum Bldg Water Von -Dept Water Non -Dept Recycling Non -Dept General Park Maint General Park Maint General Pub Works General Planning General Piannin8 General Adrnin General Councit Payroll Non�Dept General Adrnin Accounts Payable a Completer Check Proof.List by Vendor , User: muguyer, M%Shorewood city of Psinfed: 06/0512014 - 1:41PM 13atcL 00002.062014 - COUNCIL 06092014 Invoice No Description Amount Payment Date Acet Number Fund Dept Vendor: 185 FEDEX KfNKO'S Check Sequence: 14 077000005293 A nrs Copy - 5830 3rcntridge 22.07 06109/2014 101. 24 -4351 -0000 General 1 €1sp 077000005294 Plans Copy - 5960 Fake Linden Court 53.10 06/09/2014 101- 24 -4351 -0000 General 1€1sp 077000005295 Plans Copy -26820 Marsh Pointe Circle 38.62 06/09/2014 161 -24- 4351 -0000 General lisp Check -Total: 103.79 Vendor: 186 FERGUSON WATERWORKS No2516 Check Sequence: 15 (168211)3 Water Meters & Parts 2,021.58 06/09/2014 661 -00 -4265 -0000 Wafer Non -Dept Check Total: 2,021.58 Vendor: 192 G & K SERVICES Check Sequence: 16 M.ay -2014 SSCC - May Svc 51.00 06/09/2014 201 -00 -4400 -0000 SSC Non -Dept May -2014 C.H. -May Svc 111.36 06/09/2914 1.01 -19. 4400 -0000 General Mini Bldg May -2014 P.W. -.May Svc 961.18 06/0912014 101- 324400 -0000 General Pub Works Check Total: 1,123.54 Vendor: 260 GOPHER STATE ONE CALL Check Sequence: 17 109268 May Svc 171.75 06/09/2014 631 -00 -4400 -0000 Storin Water Non -Dept 109268 May Svc 171.70 06/09/2014 601 -00- 4400 -0000 Water Non -Dept 109268 May Svc 171.70 06/09/2014 611 -00- 4400 -0000 Sewer Non -Dept Check TotA 51.5.15 Vendor: 206 TWILA GROUT Check Sequence, I8 0512 8/1 4- F:lect Lunch for Election Training 4.50 06/0912014 101 -13- 4331 -0004 General Admin 9 512 9114 - Flower Flowers for Planters 78.75 06/09/2014 201 -00- 4245 -0000 SSC Non -Dept Check Total: 83.25 Vendor: 211 HAWKINS INC Check Sequence: 19 3598983 -R.1 Chiori€te 105.00 06/09/2014 601-00- 4245 -0000 Water Non -Dept Check TotaL 105.00 Vendor: 430 MARK HODGES Check Sequence: 20 05/27/2014 Video Tape Service- 05/27/14 60.00 06/09/2914 101 -11- 4400 -0000 General Council Check Total: 60.00 Vendor: 221 ICS - HEALY -RUFF Check Sequence: 21 18099 SE Well Coutmmnity Services 415.60 06/09/2014 601 -00- 4400 -0000 Water Non -I)cpt 18112 Modem & Service - SE Well 723.22 06/09/2014 601 -00- 4400 -0000 Water Non -Dept Check Total: 1,138.82 Vendor: 239 KENNEDY & GRAVEN CHARTERED Check Sequence: 22 120132 Ron Johnson Litigation - Apr Svc 1450 06/09/2014 101 -16 -4304 -0009 General Prof Svcs Check Total: 14.54 Vendor: 240 KENNETH N POTTS PA Check Sequence: 23 May -2014 Prosectution Svc -May 2,500.00 06/09/2014 101 -16- 4304 -0000 General Prof Svcs Check l'ota1: 2.500.00 Vendor: 461 KENT HUDSON & ASSOCIATES Check Sequence: 24 20140218 U13 Data Pull 525.00 06/09/2014 403 -00- 4649 -0004 Equip Rep] Non -Dept Check Total, 525.00 Vendor: 247 DREW KRIESEL Check Sequence: 25 May -2014 May - Rental Services 550.00 06/0.9,12014 201 -06 -4400 -0006 SSC Non -Dept May -2014 May- Cleaning Services 361.00 06/09/2014 201 -06 - 4406 -0006 SSC Non -Dept May -2014 Sant's Supplies 36.18 06/09/2014 201 -06 -5245 -0006 SSC Non -Dept Check Total: 947.18 Accounts Payable Computer- Check Proof List by Vendor User, rnnguyen UlShorewood City of Printed: 06/05/2014 - 1:41PM Batch: 00002.062014 -COUNCIL 06092014 invoice No Description Amount Payment Date Acct Number Fund Dept Vendor: 482 KUTAK ROCK LLP Check Sequence: 26 1949569 Personnel - Apr 444.00 06109/2014 101 -16- 4304 -0064 General Prof Svcs 1949570 Pabiic Improvement Project - Mar 610 50 66/09/2014 101.16 -4304 -0060 General Prof Svcs 1949571 land Use & Developruent - Apr 1,452,00 06/09/2014 161 -16- 4304 -0000 General Prof Svcs 1949572 Aquatic Invasive Species Agree - Apr 943 SO 06/09/20 t 4 101 -16- 4304 -0060 General Prof Svcs 1949573 Smithtown Trail - Mar 55 50 06/09/2014 406 -M- 4620 -0001 Tra j Non -Dept 1.949574 Solar Devdopment - Mar 37.00 06/09/2014 101 -16- 4304 -0000 General Prof.sves Check Total: 3,542.50 Vendor: 285 (MIDWEST GOVERNMENT ADVISOR Check Sequence: 27 May -2014 Admin Svc - Mav 9,720,00 061091201.4 101 -13- 4400 -0060 General Admin Check Total: 9,720.00 Vendor: 289 MINDER CONSTRUCTION INC Check Sequence: 28 PV117- PrcjI3 -01 PVf11 -Proj 13 -01- 2013 St- Drainage & Utility Impvt 84,720,62 061091201.4 404 -00- 4620 -0003 Street Cap Non -Dept Check Total: 84,720.62 Vendor: 306 1U111F MOORF Check Sequence: 29 02,'19114- Spackl Spackling for SSCC 4,28 06109!201.4 201 -00- 4246 -0000 SSC Non -Dept 04121114 -Movie Foods for Movie 16.56 06109!2014 201 -00 -4246 -0000 SSC Non -Dept 05127174- Dishes Dishes for SSCC 27139 06/09/2014 201 -00- 4246 -0000 SSC Non -Dept 05127114- Mileag Posts for Park - Mileage to Office Max 5.60 06/09/2014 101 -52 -4331 -0000 Gcncral Park Maint 05!27114 -Posts Posts for Park 55.56 06/09/2014 101 -52 -4245 -0000 Gencral Park Maint Check Total: 355.39 Vendor: 463 MT] DISTRIBUTING INC. Check Sequence: 36 9591 52 -00 Mower Deck Parts 24.08 06/09/2014 101 -32- 4221 -0000 General Pub Works Check Total', 24,08 Vendor: 3133 MI.CII.E1.LF", N0UY1:?N Check Sequence: 37 May -2014 Mileage - May 76.16 06109'2014 101 -15- 4331 -0000 General Fin Check Total: 76,16 Vendor: 325 ON SITE SANITATION INC Check Sequence', 32 A- 539176 Badger Park 50.00 06/09/2014 101 - 524410 -0000 General Park Main[ A- 539177 Cathcart Park 50.00 06/0912014 101 -52- 4410 -0000 General Park Maint A- 539178 Freeman Park 150.00 06/49/2014 101- 524410 -0000 General Park Maint A- 539179 Silverwood Park 50.00 06/0912014 101 -52- 4410 -0000 General Park Main( A- 539180 South Shore Skate 50.00 06/09/2014 101- 524410 -0000 General Park Maim A- 539181 Christmas Lk Boat Access 220.00 06/09/2014 101 -52- 4410 -0000 General Park Maint A- 541880 Cz'esent Beach 33.93 06/09/2014 101 -52- 4410 -0000 General Park Maint Check Total: 603.93 Vendor: 108 REPUBLIC SERVICES No.894 Check Sequence: 33 308944029486 Recycling Svc - run 13,746.20 06/09/2014 621 -00 -4400 -0000 Recycling; Non -Dept Check Total: 13,746.20 Vendor: 346 SAFETY SIGNS Check Sequence: 34 14200813 Spring Cleanup Cones 745.50 06/09/2014 621 -00- 3732 -0000 Recycling Non -Dept Check Total: 745.50 Vendor: 484 SEW ON & SO ON Check Sequence: 35 480B Digitizing of Logo 30.00 06109/2614 101 -11- 4400 -0000 General Council Check Total: 30.00 Vendor: 353 SI IALO LEE BAND Check Sequence: 36 0 611 311 4 -MIP Music in the Park Event 06/13/14 1,500.€10 06/09/2014 101 -53- 4247 -0000 General Recreation Check Total: 1,500.00 Accounts Payable Computer CZeck Proof List by Vendor user: 17111g'nyell Printed: 06!05!2014 - 1 :41PM Batch: 00002.06.2014 - COUNCIL 06092014 Invoice No Description Vcadar. 354 SHOREWOOD TRUE VA1,13F 119661 Chains, Links Mowers 119662 Bolts, Nuts, Screws 119709 Clean Supplies 119784 Plumbing Water 119882 Stakes Check Total] Vendor, 368 STONESCAPE:S 3988 Garden Maint. - May Svc 16,46 Check Total � Vendor: 378 KENNETH A THIES 06!13/14 -M1P Trailer to Badger Park -MCP Event 06/13/14 06/09/2014 101 - 324245.0400 Check 'Lol:at: Vcndor: 384 TOTAI., PRINTING SERVICES 9880 Music in The Park Insert 9880 SSCC Insert - Jun 9860 'Newsletters - Jun Check Sequence: 38 Check'Total. Vendor, 392 VALLEY -RICH CO. INC. 20128 Waternlain Break Anlesbuty General Check Total: Vendor: 421 VERI7.Ci'v WIRELESS 9725114242 Brad's Cell - 04/1 3 -051i 2 9725661981 1, S. Phones - 04/22-05/21 Check Total: Vendor: 398 VOYAGrR FLEET SYS'II;MS INC 869293803421 Closing Dal:e 05124 06/09/2014 101 -53 -4247 -0000 Check Total: Vendor: 401 WASTE MANAGEMENT OF WNMN 665731115937 5735 County Club Rd - tun 665731215935 24200 Snnthtown Rd -Jun Check Total: Vendor. 327 WINDSTREAM 57374439 Parks Service 57374439 CH Service 57374439 PW Service 57374439 West Water Tower Service 57374439 Badger Well Service 57374439 Boulder Bridge Well Svc 663.50 Check Total: Vendon 408 WM MUELLER & SONS INC 192926 Road Mailnt Check Total City of Shorewood 544.91 Check Sequence: 46 932,64 06/09/2014 101 -32 -4250 -0000 General Pub Works 932.64 Amount Payment Date Acct Number Fund Dept Check Setuence: 37 18,98 061091207.4 101 -32- 4221 -0000 General Pub Works 11.60 06/09/2014 101 -32- 4245 -0000 General Pub Works 24.98 06/09/2014 101 -52- 4245 -0000 General Park Maint 16,46 06/09/2014 601 -00- 4221 -0000 Water Not] -Dept 46.51 06/09/2014 101 - 324245.0400 General Pub Works 118,53 Check Sequence: 38 210.00 06/09/2014 101 -19 -4223 -0000 General Mun Bldg 210.00 Chcck Setuence, 39 100,00 06/09/2014 101 -53 -4247 -0000 Genera] Recreation 100.00 Check Sequence: 40 237.00 06/09/2014 101 -53- 4246 -13000 General Recreation 132.00 06/09/2014 201 -00- 4400 -0000 SSC Non -Dept 663.50 06/09/2014 101 -13- 4400 -0000 General Admin 1,032.50 Check Scquencc.41 4,870.06 06/09/2014 601 -00- 4400 -0400 Water Non -Dept 4,870.06 Check Sequence: 42 56.44 06/09/2014101 -18- 4321-0000 General Planning 21830 06/09;2014 611 -00- 4321 -0000 Scwer Non -Dept 275.14 Check Sequence-43 4,580.28 06109/2014 10132 -4212 -0000 General Pub Works 4,580.28 M1eck Sequence' 44 191.86 0610912614 201 -00 - 4400 -0000 SSC Non -Dept 449.08 06/0912014 101 -32- 4400 -0000 General Putt Works 640.94 Check Sequence: 45 159.86 06/09/2014 101 -52- 4321 -OD00 General ParkNiaint 115.06 06109/2014 101 -19- 4321 -0000 General MEnt Bldg 51.52 06/09/2014 101 -32- 4321 -0000 General Pub Works 54.17 06.!09!2014 601 -00- 4321.0000 Water Non -Dept 110.13 06/09/2014 601 -00- 4395 -0000 Water Non -Dept 54.17 46/09/2014 601 -40- 4396 -00013 Water Non -Dept 544.91 Check Sequence: 46 932,64 06/09/2014 101 -32 -4250 -0000 General Pub Works 932.64 Accounts Payable Completer Check Proof List by Vendor User: mnguyen Printed, 06105/2014- 1 AIPM Batch: 00002.06 2014 - COUNCIL 06092014 Invoice No Description Vendor: 411 XCGL 13NERGY Stn &413183827 P.W. Street. Lights Svc - Sttnt#413183827 Parks Sttratl,1413183827 P.W. Bldg Svc - Stci ((13183827 C.H. Svcs - Stmt#t413183827 Botddcr Bridge Svc - Stnat »4 1 3 1 83827 S.F:. Area Svc - Stnwl413183827 Amesbury Svc - Stnrty413 1 83 827 Street Lights - Stmt#413870680 24253 Smi€1itown Rd - t)5123-M25 Shnifl4t3886861 5735 Country Club Ra - 04123 -05125 Sint #414190953 5700 County Rd 19 - 04128 -M28 Suot#41419096.3 5700 Conn£y Rd 19 - Unit Light-040M-05/28 Check "Total: I0,(iS7.91 Total for Check Run: 162,993.03 Total of Number oP Checks: 47 CICity of Shorewood Amount Payment Date Acet Number Fund Delft Cluck SCuence: 47 3,440.85 06/09/2014 101 -32- 4399 -0000 General Pnb Works 340.65 06/09/2014101- 52 -438p -0000 General Park Maint 510.84 06/09/2014 101 -32- 4380 -0000 General Pub Works 465.69 06/09/2014 101 -19 -4380 -OOW General Mun Bldg 260.44 06/09/2014 601 -00 -4396 -0000 Water Non -Dept 2,947.58 06/09/2014 601 -00- 4398 -0000 Water Nnn- 1)epi' 294.05 06/09/2014 601 -00- 4394 -0000 Water Non -Dept 566.82 06/09/2014 611 -00 -438(1-000) Sewer Non -Dept 876.38 06/09/2014 601 -00- 4395 -0000 Water Non -Dept 735.42 06/09/2014 201 -00- 4380 -0000 SSC Non -Dept 34.06 06!0912014101 -32- 4399 -0000 General PnhWorks 194.23 06/09/2014 101 -32- 4399 -0000 General Nob Works #3B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Establishing the Purchase Card Policy Meeting Date: June 9, 2014 Prepared by: Bruce DeJong, Finance Director Reviewed by: Bill Joynes, City Administrator Attachments: Resolution Purchase Card Policy Policy Consideration: Does the City Council want to adopt a policy for employee Purchasing Card use? Background: The City Council authorized staff to implement a purchasing card policy through PFM in conjunction with the National League of Cities. We have modified the model policy that PFM uses to fit Shorewood's needs. That policy is attached for your approval. The authorized dollar amounts may seem large, but it is primarily related to fuel purchases from Public Works employees. When you fill vehicle tanks on a regular basis, it can bring about high charges, particularly if you are filling the fuel trailer at around 250 gallons. Financial or Budget Considerations: This policy will allow us to use purchasing cards for more convenient purchasing, allow charges to not be placed on personal credit cards, and reduce the amount of vendors being paid through the accounts payable system. This should ease administrative burdens while improving employee satisfaction with city practices. Options: 1. Approve the policy as presented. 2. Modify the schedule to meet Council concerns. 3. Do nothing at this time and allow staff to implement the cards without written guidance. Recommendation / Action Requested: Adopt the resolution as presented. Next Steps and Timelines: Order purchasing cards for authorized employees. Connection to Vision / Mission: This item is connected to providing efficient city services. 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. 14- RESOLUTION ESTABLISHING THE PURCHASE CARD POLICY WHEREAS, the City Council authorized staff to join a purchase card program through the National League of Cities operated by PFM; and WHEREAS, the purchasing card use should be covered by a policy governing their use for city purposes only and ensuring timely reporting processes; and WHEREAS, the City Council desires to efficiently purchase city services and supplies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood authorizes the attached Purchase Card Policy. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 2014. ATTEST: Jean Panchyshyn, City Clerk Scott Zerby, Mayor City of Shorewood MASTERCARD PURCHASE CARD POLICY Procedures Manual for City of Shorewood Program Card Administration Name: Bruce DeJong 952 -960 -7903 Name: Bill Joynes 952 -960 -7905 Table of Contents Introduction To Obtain a MasterCard Purchase Card General Information Acceptable MasterCard Purchase Card Purchases_ Unacceptable MasterCard Purchase Card Purchases Program Restrictions Reconciliation and Payment When Your Records Do Not Agree With Your Monthly Statement Lost or Stolen Cards Sales and Use Tax In Summary Purchase Card Glossary. Appendix: Cardholder Application Form 13 Acknowledgment of Receipt of the MasterCard Purchase Card 14 Purchase Card Order Log 15 Cardholder Misuse Report 16 Terms of Revocation Form 17 2 3 4 5 6 7 g 9 10 10 11 11 12 Introduction Welcome to the City of Shorewood MasterCard Purchase Program provided by PFM Financial Services LLC ( "PFM ") through BMO Harris Bank N.A., IL. The Purchase Card is a simplified and cost - effective method of purchasing and remitting payment for approved expenditures. The Purchase Card can be used for retail purchases; i.e. in person or by mail, online, telephone or fax. The Purchase Card is embraced by public and private organizations as a means to create an easy to use process perfectly suited for all dollar purchases. In the continuing effort to improve service to our staff, this is one more opportunity to achieve that goal. The Purchase Card is to be used in accordance with the guidelines established within this manual. You are asked to treat this program with the same sense of responsibility and security you would use with you personal credit cards. All Purchase Cards are issued at the request of City of Shorewood and card usage will be audited and may be rescinded at any time. You are the only person authorized to use your card! This manual provides the guidelines under which you may utilize your Purchase Card. Please read it carefiilly. Your signature on the Cardholder Authorization Form indicates that you understand the intent of the program and agree to adhere to the guidelines established for the program. The Program Card Administrator will receive your Purchase Card approximately 7 -10 business days after submitting your application to PFM Upon receipt of your card, the Program Card Administrator will schedule you for a Purchase Card training session. Upon successful completion of your training session, you will receive your card. At the training session you will fill out the Acknowledgement Form for receipt of your card. You may then call the Bank activation number (1- 800 - 263 -2263) to activate your purchasing card. Please contact Brice DeJong, Finance Director if you have any questions. Record keeping will be essential to ensure the success of this program. This is not an extraordinary requirement since our standard reimbursement policies require the retention of all receipts. Finally, remember you are spending on behalf of the City of Shorewood each time you use the Purchase Card. 3 To Obtain a (Fill in Name of Entity) MasterCard Purchase Card Please read this manual in its entirety before requesting your MasterCard Purchase Card. The manual will provide you with a variety of information: How to apply for a Purchase Card What type of purchases can and cannot be made on the Purchase Card What type of merchants will accept the Purchase Card Record maintenance and monthly statement reconciliation Other miscellaneous information Your city must indicate approval by signing the Cardholder Application form before it can be processed. All requests will be processed through Brice DeJong — 952 - 960 -7903. After you have read this manual and understand the outlined procedures, please complete the Cardholder Application Form. You must indicate your City of Shorewood mailing address and e -mail address to receive statements and correspondence related to the program. Read carefully and sign the Cardholder Application Form. Your Authorized Supervisor will also be asked to sign this form. When you receive your Purchase Card, sign the back of the card and call the Bank to activate the card. Always keep the card in a safe place! Then, sign the Acknowledgment Form and return it to Purchasing. Although the card is issued in your name, it is the property of the City of Shorewood and is only to be used for Shorewood purchases as defined in this manual. Purchase cards are renewed automatically and new cards are issued by BMO Harris Bank every 36 to 48 months. You will be assigned a company ID and User ID in the set -up process of accessing BMO details Online report and card management website, this will occur during training with the Program Card Administrator. F! General Information The Purchase Card may be used at any merchant that accepts MasterCard credit cards. The Purchase Card is not to be used for personal purchases. You are responsible for the security of your card and any transactions made against the card. The Purchase Card is issued in your name and it will be assumed that any purchases made against the Purchase Card will have been made by you. Use of the Purchase Card not in accordance with the guidelines established for this program will result in revocation of the card. You will not be charged an annual fee for your card. BMO Harris Bank will pay merchants within 24 -48 hours of (the merchants') posting of your transaction to MasterCard. Your department budget is reduced by each transaction and posted in the following month. Original receipts and a copy of the Monthly Card Member Activity Report (printed from BMO details Online Website) should be forwarded to Finance, by the 4th of each month. 5 Acceptable MasterCard Purchase Card Purchases The following information provides examples of purchases that are appropriate for the Purchase Card: O Recurring Expenses, i.e. leases, insurance O Utilities O Fuel, maintenance equipment O Approved supplies for your program O Constriction Materials O Conference /Seminar registrations O Travel/Conference expenses O Bookstores O Hardware Stores O Fed Ex/UPS charges O Other miscellaneous items that apply to your program and budget Unacceptable MasterCard Purchase Card Purchases The following items define where the Purchase Card is not an appropriate choice: O Alcoholic Beverages /tobacco O Lottery Tickets O Cash Advances, or ATMS's O Gift Certificates This list is not intended to be all - inclusive. If you have specific questions, please call your Purchase Card Administrator for assistance. in Program Restrictions Each MasterCard Purchase Card will be assigned a monthly credit limit determined by your supervisor. BMO Harris Bank will only take direction from your authorized program administrator. All requests and limit changes must be approved and made by your program administrator, or BMO Harris Bank will not make those changes. The MasterCard will be accepted for purchases of generally approved City of Shorewood commodities. Businesses and services determined not to offer products commonly accepted for City of Shorewood use have been blocked from accepting the Purchase Card. Limiting the acceptable Merchant Category Codes does this. The Merchant Category Code is a four -digit classification code used in the authorization and settlement systems to identify the type of merchant (commonly known as Standard Industrial Code "SIC" Levels of credit authorization are in place to clearly define the individual purchasing limit controls. We have chosen to define our control limits by levels. Each designated level can have a transaction limit, daily limit, and monthly limit and will be set by the Program Administrator. Transaction Daily Monthly Level Limit Limit Credit Limit Reg Employee $1,000 $2,000 $5,000 Dept Head $5,000 $5,000 $10,000 Transactions falling outside the assigned level are designed to be declined at the point of sale. If your card is declined by a merchant and you feel the decline should not have occurred, contact Brice DeJong within 24 hours. Request for transaction, daily and monthly limit changes are to be made by the Department Director to the Program Card Administrator. 7 Reconciliation and Payment The MasterCard Purchase Card program carries corporate, not individual, liability. A single invoice covering all City of Shorewood purchases will be generated each month. Purchase Cards will be paid each month by Finance. You will not be required to pay your monthly statement using personal funds. The Purchase Card does not impact your personal credit rating in any way. It is required that you retain all original receipts for goods purchased. If you purchase via phone or mail, require the merchant to include a receipt with the goods when the product is shipped to you. If that is not possible, you must obtain a packing slip when the shipment is received to document the purchase. Every cardholder will need to review their statement (at a minimum one time per month and can be reviewed within details Online within 24 -48 hours) for all transactions made against their MasterCard Purchase Card during the previous billing cycle. You will be notified by e -mail to review and approve your transactions on the 28th day of the month. You will have 7 days to complete this task. You have the option to change (reclassify) default coding, or to split and reclassify between multiple codes. Original receipts and a copy of your BMO Harris Bank Statement (printed form the website) should be forwarded to the Program Card Administrator each month, by the 4th of the month. The cardholder may keep a transaction log of all receipts and statements. The log serves to remind cardholders of transactions and assists in reconciliation of the monthly statements. A periodic audit will be conducted of card activity, retention of receipts, reconciled detail and signed monthly statements. Misuse of the MasterCard Purchase Card includes: O Using the Purchase Card for personal purchases O Purchase of unauthorized items O Use of the Purchase Card by someone other than the cardholder O Fraudulent or inaccurate record keeping In the case of misuse, the (fill in) shall document the occurrence on the Cardholder Misuse Report and forward it to the Program Card Administrator immediately for further action. 8 When Your Records Do Not Agree with Your Monthly Statement There may be an occasion when you find items on your transaction log that do not correlate with your retained receipts or monthly cardholder statement. Reconciliation of your monthly statement is very important to determine if you made a particular transaction, the amount of the transaction is correct, or you have a quality or service issue. Your first recourse is to contact the merchant involved to try to resolve the error. If the merchant agrees that an error has been made, your account will be credited. Highlight the transaction in question on your statement as a reminder that the item is still pending resolution. Be sure to check that the credit is received on your next monthly statement. If you are unable to resolve the issue directly with the merchant, contact the customer service department at BMO Harris Bank, 1- 888 - 267 -7838. When calling, be sure to have detailed information regarding the dispute. State that you would like to dispute a charge on your Purchase Card. You are required by law to submit the information in writing to initiate a claims dispute with BMO Harris Bank. The amount of the next monthly statement will be reduced by the amount of the disputed item until the question is resolved. (See Cardholder Dispute Form at the back of the manual.) Any charge you wish to dispute must be identified in writing within 30 days of the statement date to BMO Harris Bank. You are responsible for the transactions identified on your statement. When an audit is conducted on your account, you must be able to produce receipts that a City of Shorewood approved transaction occurred. If an error is discovered you are responsible to show that the error or dispute resolution process has been followed. Lost or Stolen Cards The MasterCard Purchase Card is the property of City of Shorewood and should be secured just as you would secure your personal credit cards. If your card is lost or stolen, contact BMO Harris Bank customer service number (1- 888 - 267- 7838), immediately then notify the Purchase Card Administrator. When calling customer service, be prepared to provide your social security number. Upon notifying BMO Harris Bank, the card will be deactivated immediately. If the card is reported lost or stolen and is later used, the Merchant will decline it. Prompt action in these circumstances is very important to reduce City of Shorewood possible liability for fraudulent charges. 9 Sales Tax Merchants are usually required by taxing authorities to include sales tax when goods are purchased. The amount is dependent on a variety of factors, including the state and city where you are purchasing the goods. Purchases of items by public or non - profit entities are generally exempt from sales tax. The exemption applies to the public or non - profits, not to the individual. It is the cardholder's responsibility to notify the merchant that City of Shorewood is Tax Exempt since the data strip on the card does not carry such information embedded in it. Our Minnesota state tax exempt number is "8021972" and a copy of the City of Shorewood tax exempt form ST -3 is included in the back of this manual. You will need to make a copy of the form, insert the vendor name, and then date the form prior to issuance (i.e., faxing or mailing). Do not distribute this form to any other employee in the organization. If they need one, they have been provided with a copy. Should you have additional questions, please contact a Brice DeJong for assistance. Summary The City of Shorewood Purchase Card Program is an opportunity to reduce paperwork, expedite the purchasing process at the department level and reduce administrative expenses. Historically, City of Shorewood has used numerous other methods to make purchases. The Purchase Card process will allow us to realize significant savings in administrative processing costs while providing a customer friendly, efficient and effective method to buy goods and services. Exercise good judgment and act within your authorized budget when using your card. The Purchase Card is issued in your name and all activity will be assumed to have been incurred by you. We ask you to maintain simple but accurate records and receipts for auditing purposes. The City of Shorewood is working to continually improve the way business is conducted and your feedback is critical to achieving that goal. Your use of a MasterCard Purchase Card for appropriate purchases can help us achieve significant savings by decreasing the amount of checks we process each month. The purchase card is a program in progress to be utilized as another option to make purchases. The program will continue to evolve and transform as it best fits the Shorewood's needs. If you have any questions about the program or need additional information, please contact: 10 Purchase Card Glossary Retail Face to face transaction Nvhere cardholder presents the Purchase card to the merchant and the card are physically swiped through the terminal. Principal /Department Person authorized to oversee and make decisions Head regarding expenditures. Customer The card user and Principal/Department Supervisor. Vendor /Merchant /Supplier Svnonymous terms, meaning the place Nvhere you make the purchase. Program Card Administrator A District employee(s) administering the purchase Card program. Bruce DeJong — 952 - 960 -7903. Revocation To nullify by Nvithdrav, ng, recalling or reversing card privileges. Receipt Written acknoNvledgement that merchandise or service has been received. Invoice An itemized list of goods or services shipped or received Nvith an account of all costs. Statement Summary of all sales in a given period (NOT AN INVOICE) Strategy Operational criteria defining purchasing limit controls Nvhich are tied to each individual account. Point of Sale (POS) Terminal A device placed at a vendor /merchant/supplier location Nvhich is connected to the bank's system via the telephone lines and is designed to authorize, record, and forward data by electronic means for each sale. Cardholder An individual to whom a Harris Bank MasterCard Purchase Card is issued. Merchant Category Code (MCC) A four -digit classification code used in the authorization and settlement systems to identify the type of merchant, also commonly knoN -,n as, Standard Industrial Code (SIC). Reconciliation Check to assure receipts match Nvith monthly statements. 11 CARDHOLDER APPLICATION FORM MasterCard Purchase Card applicants need to acquire authorization from their Department Head to apply for the Purchase Card. 11 APPLICANT INFORMATION: (Please print clearly) 11 Location Phone Number Location Address Applicant's Name. Applicant's E -Mail address Transaction Limit: Daily Limit: Monthly Limit: Approver Name Approver E -Mail address II AUTHORIZING INFORMATION II As the Department Head, I hereby grant the above mentioned Applicant authorization to apply for, and use, the City of Shorewood MasterCard Purchase Card for the account number listed below. I also agree to review and sign the monthly MasterCard Purchase Card statements issued to the above applicant. If the applicant's employment with the City of Shorewood is terminated, I agree to notify the Program Card Administrator. Department Head Signature Default Budget Account Code 12 ACKNOWLEDGEMENT OF RECEIPT OF THE MASTERCARD PURCHASE CARD I acknowledge that, on the date indicated below, I received my Purchase Card. I have previously received a copy of the procedure manual explaining the use and responsibilities of the Purchase Card. I understand that: The Purchase Card is a cost - effective method for the purchase and payment of goods and services for (fill in name of entity) use and is limited to $ per month. The Purchase Card is to be used solely for business purchases; not personal purchases. I am responsible for reconciling monthly statements and maintaining accurate accounting records. Should my employment with (fill in name of entity) terminate, I am responsible for returning the Purchase Card to the Program Card Administrator immediately. Employee Signature Employee Name (Please Print) Date: 13 Please return this form to Bruce DeJong, Finance Director (Fill in name of entity) MasterCard Order Log Cardholder Name: Department: Office Location: For The Period: Date Ordered Date Delivered Total $ Amount Description Expense Code 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 20 Cardholder Signature: Date: 14 Authorizing Signature: Dept /Title: Date: Date: Location: DESCRIPTION OF MISUSE: ACTION TAKEN: RECOMMENDATION: SUBMITTED BY: TELEPHONE NUMBER: CARDHOLDER MISUSE REPORT SEND THIS FORM TO THE FINANCE DIRECTOR IMMEDIATELY FOR REVIEW AND PROCESSING 15 TERMS OF REVOCATION FORM As an authorized user of the MasterCard Purchase Card, I understand that I am the only person authorized to make purchases with the Purchase Card issued to me and that such purchases must be in connection with my employment with, for the benefit of, and authorized by City of Shorewood I understand that the following items constitute misuse of the MasterCard Purchase Card and that any misuse will result in the revocation of my privileges to be a MasterCard Purchase Cardholder, and may result in revocation of all departmental and /or divisional Purchase Card privileges. Misuse of the MasterCard Purchase Card includes the following: O Using the MasterCard Purchase Card for personal purchases O Purchase of unauthorized items O Use of the Purchase by someone other than the cardholder O Fraudulent or inaccurate record keeping If the MasterCard Purchase Card is used for personal purchases, for unauthorized items or by someone other than myself, I hereby agree to personally pay either City of Shorewood or the vendor for such purchases and hereby authorize City of Shorewood, if necessary, to withhold from my paycheck any amount necessary to pay these charges. Name of Cardholder (Please Print) Cardholder's Signature Date NOTE: In addition to the above consequences for misuse of the MasterCard Purchase Card, City of Shorewood retains the right to take further action, whether in the form of disciplinan- action, termination of employment, and /or legal prosecution, in the event of gross misuse or fraud involving City of Shorewood fiords. 16 MINNESOTA- REVENUE ST3 Certificate of Exemption Purchaser: Complete this certificate and give it to the seller. Seller: If this certificate is not fully completed, you must charge sales tax. Keep this certificate as part of your records. This is a blanket certificate, unless one of the boxes below is checked, and remains in force as long as the purchaser continues making purchases, or until otherwise cancelled by the purchaser. Check if this certificate is for a single purchase and enter the related invoice /purchase order # ❑ If you are a contractor and have a purchasing agent agreement with an exempt organization, check the box to make multiple purchases for a specific job. Enter the exempt entity name and specific project: Exempt entity name Project description Name of purchaser City of Shorewood Business address city State Zip code 5755 Country Club Rd Shorewood MN 55331 = Purchaser's tax ID number State of issue 8021972 MINI If no tax ID number, FEIN Driver's license number /State issued ID number CL A enter one of the following: state of issue number F Name of seller from whom you are purchasing, leasing or renting Seller's address city Type of business. Circle the number that describes your business. 01 Accommodation and food services 02 Agricultural, forestry, fishing, hunting d03 Construction .y = 04 Finance and insurance M 05 Information, publishing and communications w 06 Manufacturing F 07 Mining 08 Real estate 09 Rental and leasing 10 Retail trade State Zip code 11 Transportation and warehousing 12 Utilities 13 Wholesale trade 14 Business services 15 Professional services 16 Education and health -care services 17 Nonprofit organization 18 Government 19 Not a business (explain) 20 Other (explain) Reason for exemption. Circle the letter that identifies the reason for the exemption. = A 0 a O E d aki C o� D o E N F d d s c uA N 0 Federal government (department) Specific government exemption (from list on back) Local government Tribal government (name) Foreign diplomat # Charitable organization #_ Educational organization #. Religious organization # Resale I J K L M N 0 Agricultural production Industrial production /manufacturing Direct pay authorization Multiple points of use (services, digital goods, or computer software delivered electronically) Direct mail Other (enter number from back page) Percentage exemption ❑ Advertising (enter percentage) % ❑ Utilities (enter percentage) % ❑ Electricity (enter percentage) % 1 declare that the information on this certificate is correct and complete to the best of my knowledge and belief. (PENALTY If you try to evade paying sales tax by using an exemption certificate for items or services that will be used for purposes other than those being claimed, you may be fined $100 under Minnesota law for each transaction for which the certificate is used.) Signature of authorized purchaser Print name here Title Date Rev. 3/14 Forms and fact sheets are available on our website at www.revenue.state.mn.us #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Proposal for Material Testing Services, Valleywood Lane Reconstruction Project. Meeting Date: June 9, 2014 Prepared by: Larry Brown, Director of Public Works Reviewed by: Jean Panchyshyn, City Clerk Attachments Proposal by American Engineering and Testing Policy Consideration: Should the City of Shorewood enter into a contract with American Engineering and Testing? Background: Construction has commenced for the Valleywood Lane and Valleywood Circle Reconstruction Project. As such, it is necessary to have a material testing firm perform the necessary testing to insure compliance with design specifications. Staff has solicited a proposal from American Engineering and Testing (AET) for said services. AET has routinely provided these services at a very competitive rate with a proven track record. The proposal outlines the following services: • Soil observation and testing for pavements • Concrete testing • Bituminous testing • Testing and final project report Financial Considerations: Costs for this proposal in the amount of $8,949.75 have been programmed into the Valleywood Lane / Valleywood Circle Reconstruction project budget. Options: 1. Accept the proposal, as presented. 2. Reject the proposal and provide staff with alternative direction. Recommendation: Staff is recommending that a motion that accepts the proposal, as provided be adopted. 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 AMERICAN ENGINEERING TESTING, INC. CONSULTANTS ENVIRONMENTAL GEOTECHNICAL MATERIALS FORENSICS PROPOSAL FOR PROJECT TESTING SERVICES AET PROPOSAL No. 20 -12135 May 29, 2014 City of Shorewood c/o WSB & Associates 701 Xenia Avenue South — Suite 300 Minneapolis, MN Attn: Paul Homby, PE RE: Proposal for Construction and Materials Testing Valleywood Lane / Valleywood Circle Improvements Shorewood, MN Dear Mr. Homby: Thank you for the opportunity to provide a proposal to perform testing services on the referenced project. American Engineering Testing, Inc., (AET) is pleased to provide this proposal which presents our anticipated scope of services, our unit rates, and an estimated total cost to perform these services. PROJECT INFORMATION The project will consist of the improvements and resurfacing to the referenced streets. According to the specs provided, we understand the project will include the following: Installation of storm sewer, small utilities and other improvements Excavation, grading and placement of sand subbase and aggregate base Construction of new concrete curb & gutter and bituminous paving SCOPE OF SERVICES AET's anticipated scope of services for WSB will be performed according to the project plans and specifications provided to us. The services provided by AET will be performed on a will -call basis, when notified by City of Shorewood field personnel. Our anticipated scope of services will include the following: Soil Observations and Testiniz for Pavement Subarades: • Observations of pavement excavations and subgrade soils (by Senior Engineering Assistant or Staff Engineer I). • Perform shallow hand auger borings and hand cone penetrometer probes to evaluate the soils in the observed excavations. • Observations of subgrade soils during test roll procedures (by a Senior Engineering Assistant or Staff Engineer 1). 550 Cleveland Avenue North I Saint Paul, MN 55114 Phone (651) 659-90011(800) 972 -6364 1 Fax (651) 659 -1379' www.amengtest.com ( AA /EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. City of Shorewood AET Proposal No. 20 -12135 May 29, 2014 Page 2 of 3 • Soil compaction tests (or DCP tests) inutility excavations, pavement subgrade soils, and Class 5 aggregate base (by an Engineering Technician II). • Standard Proctor tests of each different type of soil or Class 5 aggregate base encountered at our test locations. • Sieve tests of granular fill and Class 5 aggregate base materials. Observations and Concrete Testiniz: • Field testing of concrete placed for the structural elements and other concrete features: including slump tests, air content tests, and temperature tests (by an Engineering Technician I or II). • Casting concrete test cylinders for compressive strength testing (1 set of 4 cylinders for the initial 50 yds3 and then for every subsequent 100 yds3 or fraction thereof for each type of concrete placed each day). • Pick up cylinders from the jobsite for delivery to AET laboratory. • Compressive strength testing of concrete test cylinders (1 test at 7 days; 2 tests at 28 days; 1 HOLD cylinder). Bituminous Testing: • Obtain samples of bituminous from the jobsite for lab testing. • Perform MnDOT gyratory properties tests of each bituminous material; including Rice specific gravity tests, and Gyratory density test. • Extract 6 cores from the finished surface. • Measure the thickness of each layer of the cores. • Determine the density of each layer of the cores to obtain the "compaction" of the bituminous. • Evaluate conformance of all tests to project plans and specifications. Project Management and Coordination: • Project management and supervision of AET personnel/activities by Principal Engineer (Registered Professional Engineer). • Issuing periodic reports presenting the results of our observations and testing, as well as a final summary report. FEES All services will be invoiced on a unit cost basis according to the attached Fee Schedule. Our estimated total cost is $8,949.75. If our scope of services should change, or additional time or tests are needed to complete the required testing services, we will contact our client for additional funds. CONDITIONS Our services will be perfonned according to the terms and conditions outlined in the attached Construction Service Agreement. City of Shorewood AET Proposal No. 20 -12135 May 29, 2014 Page 3 of 3 ACCEPTANCE To formally authorize our services, please sign below and return this proposal to us. Retain a copy of the proposal for your files /records. REMARKS The estimated total cost and the terms of this document will be valid for 60 calendar days from the date of this proposal. After that time, if not authorized, we reserve the right to renegotiate any and all aspects of this proposal. Thank you for this opportunity to submit our proposal. information, please call me at (612) 685 -3311 jmiller °,amen _ est.com. SIGNATURES AET REPRESENTATIVE: James . Miller S -0g -iel Date If you have any questions or need any additional cell, 651- 659 -1311 office, or email at CLIENT ACCEPTANCE: Paul Homby, PE Date FEE SCHEDULE PROJECT TESTING SERVICES VALLEYWOOD LANE i VALLEYWOOD CIRCLE IMPROVEMENTS SHOREWOOD,MN CITY PROJECT 13 -01 AET PROPOSAL No. 20 -12135 AMERICAN ENGINEERING TESTING, INC, SERVICE DESCRIPTION PROJECT BUDGET ESTIMATED UNIT BUDGET UNITS RATE AMOUNT TOTAL AMOUNTS INVOICED THROUGH # Units Amount Observations and Compaction Testing 1. Staff Engineer I for travel, subgrade test rolls, consultation and reporting (services provided on a will -call basis - assumes 3 trips to the jobsite). 8 hours $115.00 $920.00 0.0 $0.00 2. Engineering Technician II travel time for soil compaction testing (services provided on a will -call basis - assumes 4 trips to the jobsite). 6 hours $79.00 $474.00 0.0 $0.00 3. Personal or Company vehicle mileage. 350 miles $0.75 $262.50 0.0 $0.00 4. AET company vehicle rental charge. 0 trips $15.00 $0.00 0.0 $0.00 5. Soil compaction tests (nuclear gauge, dcp or sand cone). 12 tests $27.00 $324.00 0.0 $0.00 6. Nuclear gauge rental charge. 3 trips $10.00 $30.00 0.0 $0.00 7. Standard Proctor tests (Method A). 0 tests $120.00 $0.00 0.0 $0.00 8. Standard Proctor tests (Methods B or C). 3 tests $125.00 $375.00 0.0 $0.00 9. Sieve tests of granular fill and Class 5 aggregate base. 4 test $95.00 $380.00 0.0 $0.00 Concrete Testing 1. Engineering Technician II for testing of concrete (services provided on a will - call basis - assumes 4 trips to the jobsite). 14 hours $78.00 $1,092.00 0.0 $0.00 2. Personal or Company vehicle mileage. 200 miles $0.75 $150.00 0.0 $0.00 3. AET company vehicle rental charge. 0 trips $15.00 $0.00 0.0 $0.00 4. Curing, handling and compressive strength testing of 4" x 8" or 6" x 12" concrete test cylinders (includes handling of non - tested cylinders). 16 cyls. $24.00 $384.00 0.0 $0.00 5. Plastic concrete cylinder molds (4" x 8" or 6" x 12 "). 16 cyls. $3.00 $48.00 0.0 $0.00 6. Concrete cylinder pick -up service from jobsite. 4 trips $85.00 $340.00 0.0 $0.00 Bituminous Testing 1. Engineering Technician II travel and obtaining samples for laboratory testing (services provided on a will -call basis - assumes 2 trips to the jobsite). 6 hours $79.00 $474.00 0.0 $0.00 2. Topsoil Borrow Tests. 2 tests $280.00 $560.00 0.0 $0.00 3. Personal or Company vehicle mileage. 100 miles $0.75 $75.00 0.0 $0.00 4. AET company vehicle rental charge. 0 trips $15.00 $0.00 0.0 $0.00 5. Removal of cores from finished bituminous surface (includes all personnel, equipment rental and patching materials). 4 hours $160.00 $640.00 0.0 $0.00 6. Thickness and density tests of bituminous core samples. 6 tests $44.00 $264.00 0.0 $0.00 7. Asphalt extraction and aggregate gradation tests of bituminous mixtures. 0 tests $198.00 $0.00 0.0 $0.00 8. Superpave gyratory. 2 test $500.00 $1,000.00 0.0 $0.00 Page 1 of 2 FEE SCHEDULE PROJECT TESTING SERVICES VALLEYWOOD LANE / VALLEYWOOD CIRCLE IMPROVEMENTS SHOREWOOD,MN CITY PROJECT 13 -01 AET PROPOSAL No. 20 -12135 AMERICAN ENGINEERING TESTING, INC. SERVICE DESCRIPTION PROJECT BUDGET ESTIMATED UNIT BUDGET UNITS RATE AMOUNT TOTAL AMOUNTS INVOICED THROUGH # Units Amount Project Management & Coordination 1. Project Manager for coordination of AET personnel and activities, attending meetings (if requested), consultation and report preparation. 8 hours $120.00 $960.00 0.0 $0.00 2. Personal or Company vehicle mileage. 55 miles $0.75 $41.25 0.0 $0.00 TOTAL ESTIMATED BUDGET $8,949.75 INVOICED $0.00 THROUGH Page 2 of 2 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 3 SECTION 1- RESPONSIBILITIES 1.1 - The party to whom the proposal /contract is addressed is considered the Client of American Engineering Testing, Inc. (AET). The terms and conditions stated are binding, upon acceptance, on the Client, its successors, assignees, joint ventures and third -party beneficiaries. Verbal proposal acceptance or authorizing purchase orders from the Client are considered formal acceptance of AET's terms and conditions. By signing the proposal or verbally authorizing the services, the authorizing party attests that they have the authority to legally bind the Client to agreement. 1_2 - Prior to AET performing services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's services. If new information becomes available or changes are made during AET's services, Client will provide such information to AET in a timely manner. Earthwork and construction activities are done to support a particular structure (type, size, and shape) or facility at a specific location and elevation. If the type of structure or facility (structural type, size, shape, location, elevation, etc.) changes, the earthwork or construction activities completed may no longer provide suitable structural support or be capable of supporting the intended construction. Additional earthwork or redesign of all or a part of the structure or facility may be needed. Failure of client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative for timely answers to project - related questions by AET. 1_3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations regarding the same. However, AET's work does not relieve the contractors of their contractual responsibility to perform their work in accordance with approved plans, specifications and building code requirements. 1.4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot stop work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of work. 1_5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption of those responsibilities. 1_6 - Services performed by AET often include sampling at specific locations. Inherent with such sampling is variation of conditions between sampling locations. Client recognizes this uncertainty and the associated risk, and acknowledges that opinions developed by AET, based on samples so taken, are qualified to that extent. 1_7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_8 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_9 - Test borings and /or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are recommended for projects where supporting soils will be subjected to increased loads to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suitability of materials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings /soundings are not provided by the Client prior to our observations and judgments. AET's opinions, conclusions and recommendations are qualified to that extent. 1.10 — AET reserves the right to charge for time to negotiate new terms and conditions from those portrayed in our proposal or should the Client require the use of their contract format. If mutually acceptable terms cannot be established, AET shall have the right to withdraw their proposal without any liability to the Client, Owner or other parties and assigns associated with the project. If Client requests use of their contract format after the services have already been authorized, AET will be compensated for services rendered prior to approval of the Client's contract by both parties according to the AET Terms and Conditions. 1.11 —The AET proposal accompanying these terms and conditions is valid for sixty (60) days after the proposal issuance date to the Client. If Client authorizes the services after the expiration date, AET reserves the right to review and revise the proposal as necessary. SECTION 2 - WILL CALL SERVICES 2_1 - Unless specifically directed, AET's services will be performed on a will -call basis at the direction of the Client or their authorized representatives. The client and its authorized representatives accept that there are inherent risks associated with performing engineering judgments and testing services on a will -call basis. Work performed on a will -call basis does not permit complete evaluation of the work being performed. AET can not, with certainty, document or provide complete judgments regarding work which we did not observe or test. Our opinions, conclusions, and recommendations are qualified to that extent. 2_2 - Density tests of fill and soil represent conditions only at the locations and elevations tested and do not necessarily represent conditions. elsewhere. Judgments made regarding the engineering capability of the entire fill sequence should not be based on random, non- representative tests. 2_3 — AET requires a minimum of 24 hours notice of the need for services. AET will not be liable for claims, damages, or delays related to failure of Client to provide adequate advance notice to AET. SECTION 3 - SITE ACCESS UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3.1 - Client will furnish AET safe and legal site access. 3_2 - AET is not responsible for locating underground facilities on construction sites. We proceed on the assumption that underground facilities have been located and cleared, and we will not accept liability for damaging same. An underground facility is an underground line, fixture, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electrical power, heat, gas, oil, petroleum products, water including storm water, steam, sewage, and other similar substances. 3_3 - Normally, the location and elevation of a proposed structure or facility is staked (with offsets) by others or provided by use of their GPS equipment. Our measurements are made in relation to those stakes or the GPS information provided by others. The reliability of any opinions, conclusions, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided by others. 3_4 - During construction, observations and testing services are based on the positioning of the formwork by the contractor or their subcontractor. AET will not be held responsible for any errors that result due to improper location or positioning of the formwork. ACS 403C (08/13) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT -TERMS AND CONDITIONS Page 2 of 3 SECTION 4 - SAFETY 4_1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate services. Client shall be responsible for payment of such additional protection costs. 4_2 - AET shall only be responsible for the safety of AET employees at the site. The Client or other persons shall be responsible for the safety of all other persons at the site. SECTION 5 - SAMPLES 5_1 - Client is responsible for informing AET of any known or suspected hazardous materials prior to submittal. to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 5_2 - Non - hazardous samples will be held for 30 days and then discarded unless, within 30 days of the report date, the Client provides a written request that AET store or ship the samples, at the Client's expense. SECTION 6 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a period of three years following submission of the report, during which period the project records can be made available to Client at AEI's office at reasonable times. SECTION 7 - STANDARD OF CARE AET performs its services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 8 - INSURANCE AET maintains Worker's Compensation, Comprehensive General Liability, Automobile Liability and Professional Liability insurance, as described below. Upon request, prior to commencing the Services, AET can furnish Client with Certificates of Insurance evidencing that the insurance is in effect and in full force. 8_1 - Commercial General Liability insurance will include coverage for Products /Completed Operations (extending two (2) years after final acceptance of the Project by Owner or such longer period as the Contract Documents may require), Broad Form Property Damage including Completed Operations, Personal Injury, and Blanket Contractual Liability insurance applicable to AEI's indemnity obligations under this Agreement. 8_2 -Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 8_3 - Professional Liability Insurance is written on a claims -made basis and coverage will be maintained for two years after final acceptance of the Project by Owner or such longer period as the Contract Documents may require. Renewal policies during this period shall maintain the same retroactive date. 8_4 - AET can, if requested by client and permitted by AEI's insurer, endorse its Commercial General Liability (including Products /Completed Operations coverage) to add Client and Owner as an "additional insured" with respect to liability arising out of the Services performed for Client or Owner by AET. Such insurance afforded to Client and Owner as an additional insured under AEI's policies shall be primary insurance and not contributory with, any insurance purchased or maintained by Client or Owner. 8_5 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, and with insurance carriers licensed to do business in the state in which the Project is located and having a current A.M. Best rating of no less than A minus (A -). 8_6 - AET reserves the right to charge Client for additional coverage, coverage limits or policy modification including waiver of subrogation and other project specific requirements not known at the time of our proposal, subject to approval by AET's insurance providers. SECTION 9 - DELAYS If delays to AET's services are caused by Client or Owner, work of.others, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of work shall be granted, and AET shall receive an equitable fee adjustment. SECTION 10 - PAYMENT, INTEREST AND BREACH 10.1 - Invoices are due on receipt. Client will inform AET of invoice questions or disagreements within 15 days of invoice date; unless so informed, invoices are deemed correct. In any case, Client shall pay for services of AET within 30 days of invoice. 102 - Client agrees to pay interest on unpaid invoice balances at a rate of 1.5% per month, or the maximum allowed by law, whichever is less, beginning 30 days after invoice date. 10.3 - If any invoice remains unpaid for 60 days, such non - payment shall be a material breach of this agreement. As a result of such material breach, AET may, at its sole option, terminate all duties to the Client or other persons, without liability as well as withhold any and all data from Client until such invoice payments are restored to a current status. 10.4 - Client will pay all AET collection expenses and attorney fees relating to past due fees which the Client owes under this agreement. SECTION 11- MEDIATION 11_1 - Except for enforcement of AET's rights to payment for services rendered or to assert and /or enforce its lien rights, including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration orthe institution of legal or equitable proceedings by either party; provided however that if either party should fail to respond to a request for mediation within 60 days after the request, this requirement for mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings shall be of no force and effect. ACS 403C (08/13) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 3 11.2 - Unless Client and AET mutually agree otherwise, mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 12 - LITIGATION REIMBURSEMENT Payment of AET costs for Client lawsuits against AET which are dismissed or are judged substantially in AET's favor will be the Client's responsibility. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 13 - MUTUAL INDEMNIFICATION 13.1- AET agrees to indemnify Client from and against liability arising out of AET's negligent performance of the services, subject to Section 14 and any other limitations, other indemnifications or other provisions Client and AET have agreed to in writing. 13.2 - Client agrees to indemnify AET from and against liability arising from the negligent conduct of the Client, Owner, Client's Contractors /Subcontractors or other third parties, subject to any limitations, other indemnifications or other provisions Client and AET have agreed to in writing. 13.3 - If Client has indemnity agreement with other persons, the Client shall include AET as a beneficiary. 13.4 — AEI's indemnification to the Client is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence 13.5 - AET will not accept any obligation to indemnify Client other than to meet the standard of care. If a court of competent jurisdiction rules that indemnity is implied or if required by law, AEI's obligation for the costs of indemnity is only to the extent due to AEI's negligent acts, errors or omissions. SECTION 14 - LIMITATION OF LIABILITY Client agrees to limit AET's liability to Client arising from AET's negligent acts, errors or omissions, such that the total liability of AET shall not exceed $50,000.00. SECTION 15 — UNIONIZATION AET reserves the right to renegotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client and will not accept any liability for any penalties or costs from Client, Owner and their successors, assignees, joint- venturers, Contractors and Subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. SECTION 16 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow- down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 17- TERMINATION After 7 days written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the file. SECTION 18 - SEVERABILITY Any provisions of this agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 19 - GOVERNING LAW This Agreement shall be construed, and the rights of the parties shall be determined, in accordance with the Laws of the State of Minnesota. SECTION 20 - ENTIRE AGREEMENT This agreement, including attached appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of AET's proposal and general conditions by the Client, this agreement nullifies any previous written or oral agreements, including purchase /work orders. Any modifications to this agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AEI's general conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued services. ACS 403C (08/13) AMERICAN ENGINEERING TESTING, INC. k,\ ;\ �l City of Shorewood Council Meeting Item Title / Subject: Report on Lake Minnetonka Conservation District (LMCD) activities Meeting Date: June 9, 2014 Prepared by: Jean Panchyshyn, City Clerk Attachments: Att. 1, 2015 Budget; Att. 2, Memo re AIS #6A MEETING TYPE Regular Meeting Greg Nybeck, LMCD Executive Director and Deborah Zorn, LMCD Board Representative, will be present to review the LMCD 2015 Budget and provide an Aquatic Invasive Species (AIS) discussion. Attachment 1 is the Draft 2015 LMCD Budget; Attachment 2 is a letter regarding AIS. 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 4 antNNFTO,',N May 16, 2014 Ice FROM: SUBJECT: FAKE MINNETONKA CONSERVATION DISTRICT 5349 MAYWOOD ROAD, SUITE 200 ® MOUND, MINNESOTA 55384 - "TELEPHONE 952845 -0789 • FAX 9521745 -9085 Gregory & Nybeck, EXECUTIVE DIRECTOR LMCD City Administrators LMCD Board Members Greg Nybeck, Executive Director Draft 2015 LMCD Budget Enclosed is a copy of the draft 2015 Lake Minnetonka Conservation District (LMCD) Budget. The invites you to attend a meeting scheduled for Thursday June 5 th , at 11 a.m. in the LMCD office to review and receive your input on it. By state statute, the allocation of levy to the member cities is based on their percentage of the cumulative net tax capacity, with no member city paying greater than 20% of the overall levy. The LMCD Board has considered and recognized the economic challenges the 14 LMCD member cities are currently facing. Highlights of the draft 2015 LMCD Budget include the following: Draft 2015 LMCD Budget Budget Highlights Details Overall Levy Increase 0.6% increase ($342,492 compared to $340,615 in 2014). Total Expenditures 1.1 % decrease $582,492 compared to $588,805 in 2014). Personnel Services 2% increase ($254,216 compared to $249,143 in 2014). Compensation adjustments are proposed at up to 3% in Contingency and will be based on performance (see attached survey). Office Lease & Storage 63.8% decrease ($17,180 compared to $47,409 in 2014). This is due to the relocation of the LMCD office last fall. Eurasian Watermilfoil $95,000 for mechanical harvesting of public navigational areas (EWM) Harvesting Program for EWM (no increase). Equipment Replacement A $35,000 transfer from the AIS Reserve Fund for future Fund replacement of EWM capital equipment ($10,000 increase). Aquatic Invasive Species $30,000 for unspecified AIS prevention and management projects (no (AIS) Prevention & increase). This has typically been spent on watercraft inspections and Management has been leveraged with additional stakeholder grant funds. Media- Cable & Internet $3,300 for 2015. This line item will pay for a contract producer (new line item) and on -line viewing for LMCD Board meetings. The LMCD values your review and input. Please let me know if you would like me to attend an upcoming city council meeting to discuss the draft 2015 LMCD Budget or to review LMCD activities and projects. Review and approval by the LMCD Board is planned for the June 111h meeting. co eleh Page Address: hdp1 /www.h,cd.org » E,na0 Address: IrncdO.lr'ncd.org x301' Pnht (Stsunmsr Vraete r0 protect i3P9Cl i?Y`u'S£?YVE f._ake -` Minnetonka. (Note 1) Per MN statute 1036.631, no city may pay more than 20% of the total levy. The City of Minnetonka would pay a constant 20% of any amounts to be levied. Remaining cities factor for determining levy amounts is computed as: (City Net Tax Capacity / ( Total Net Tax Capacity - Minnetonka Net Tax Capacity ) )' 80% Total Net Tax Capacity 214,640,138 less Minnetonka Net Tax Capacity (92,123,180) Net Tax Capacity for remaining 13 cities 122,516,958 2010 U.S. % of Total Share of Increase in % of Census 2013 Taxable 2013 Net Tax Net Tax Share of AIS Share of Total Share of Total City Population Market Value Capacity Capacity Admin. Levy Levy in 2015 Levy in 2015 Levy in 2014 Total Levy Increase in 2015 from 2014 from 2014 Data (Note 1) DEEPHAVEN 3,642 921,435,784 10,292,337 4.8% $16,667 $6,351 $23,018 $22,767 $251 1.1% EXCELSIOR 2,188 321,522,182 4,048,069 1.9% $6,555 $2,498 $9,053 $8,706 $347 4.0% GREENWOOD 688 259,159,370 2,933,530 1.4% $4,750 $1,810 $6,560 $6,880 -$320 -4.6% MINNETONKA 49,734 7,272,259,477 92,123,180 42.9% $49,598 $18,900 $68,498 $68,123 $375 0.6% MTKA BEACH 539 223,048,670 2,565,823 1.2% $4,155 $1,583 $5,738 $6,419 -$681 -10.6% MINNETRISTA 6,384 1,192,184,783 12,650,081 5.9% $20,484 $7,806 $28,290 $28,067 $223 0.8% MOUND 9,052 897,375,019 9,513,754 4.4% $15,406 $5,871 $21,276 $21,653 -$377 -11% ORONO 7,437 2,343,388,885 26,531,505 12.4% $42,963 $16,371 $59,334 $59,056 $278 0.5% SHOREWOOD 7,307 1,345,804,540 14,770,327 6.9% $23,918 $9,114 $33,032 $33,122 -$90 -0.3% SPRING PARK 1,669 206,621,084 2,479,310 1.2% $4,015 $1,530 $5,545 $5,522 $23 0.4% TONKA BAY 1,475 475,614,761 5,376,437 2.5% $8,706 $3,318 $12,024 $12,269 -$245 -Z0% VICTORIA 7,345 998,285,000 10,438,446 4.9% $16,903 $6,441 $23,344 $22,008 $1,336 6.1% WAYZATA 3,688 1,357,177,093 17,982,410 8.4% $29,119 $11,096 $40,215 $39,326 $889 2.3% WOODLAND 437 251,371,266 2,934,929 1.4% $4,753 $1,811 $6,564 $6,698 -$134 -20% 101,585 18,065,247,914 214,640,138 100.0% $247,992 $94,500 $342,492 1 $340,616 $1,876 0.6% Maximum Levy Per MN statute 1036.635 (Total Taxable Market Value' .00242 %): $437,179 (Note 1) Per MN statute 1036.631, no city may pay more than 20% of the total levy. The City of Minnetonka would pay a constant 20% of any amounts to be levied. Remaining cities factor for determining levy amounts is computed as: (City Net Tax Capacity / ( Total Net Tax Capacity - Minnetonka Net Tax Capacity ) )' 80% Total Net Tax Capacity 214,640,138 less Minnetonka Net Tax Capacity (92,123,180) Net Tax Capacity for remaining 13 cities 122,516,958 2015 BUDGET DETAIL (Draft) 2012 2013 2013 2014 2014 Actual 2015 Footnote # Actual Budget Actual Budget Projected Budget See Appendix A REVENUES 1. Administration a) LMCD Communities Levy 231,875 238,654 238,652 245,990 245,990 247,992 b) Use from Administration Reserve 0 19,655 34,096 19,565 19,565 0 c) Court Fines 105,036 55,000 55,611 55,000 55,000 55,000 d) Licenses 110,128 115,000 110,382 115,000 115,000 115,000 e) Other Public Agencies 0 0 696 0 0 500 f) Interest 1,941 1,000 2,055 1,250 2,000 2,000 g) Other Income 3,795 2,000 2,259 2,000 2,000 2,000 SUB -TOTAL ADMINISTRATION 452,775 431,309 443,751 438,805 439,555 422,492 2. Aquatic Invasive Species a) LMCD Communities Levy 90,331 91,950 91,951 94,625 94,625 94,500 b) Other Public Agencies 50,750 32,800 51,893 30,000 57,798 30,000 1 c) Use from AIS Reserve 0 0 0 0 0 0 d) Interest 379 250 484 375 500 500 SUB -TOTAL AQUATIC INVASIVE SPECIES 141,460 125,000 144,328 125,000 152,923 125,000 3. Equipment Replacement a) Transfers from Administration and AIS Reserves 45,856 25,000 25,000 25,000 25,000 35,000 b) Receipt from LMCIT 32,500 0 0 0 0 0 c) Use from Equipment Replacement Reserve 96,036 0 0 0 0 0 SUB -TOTAL EQUIPMENT REPLACEMENT 174,392 25,000 25,000 25,000 25,000 35,000 TOTAL REVENUES 768,627 581,309 613,079 588,805 617,478 582,492 Total Levy 322,206 330,604 330,603 340,615 340,615 342,492 DISBURSEMENTS' ADMINISTRATION 1. Personnel Services: a) Salaries- excludes EWM Project Management time 195,445 196,401 198,718 200,524 204,488 204,488 2 b) FICA & Medicare 14,945 15,025 15,199 15,340 15,643 15,643 3 c) Employer Benefit Contributions 29,811 32,015 31,802 33,279 32,297 34,085 4 SUB -TOTAL PERSONNEL SERVICES 240,201 243,441 245,719 249,143 252,428 254,216 2. Contractual Services: a) Office Lease & Storage 44,032 45,112 39,143 47,409 16,761 17,180 5 b) Professional Services 3,202 2,700 2,130 2,500 2,500 2,500 6 SUB -TOTAL CONTRACTUAL SERVICES 47,234 47,812 41,273 49,909 19,261 19,680 2015 BUDGET DETAIL (Draft) 2012 2013 2013 2014 2014 Actual 2015 Footnote # Actual Budget Actual Budget Projected Budget See Appendix A 3. Office & Administration: a) Office, General Supplies 4,071 4,500 3,943 4,500 4,500 4,500 b) Telephone 2,069 2,500 2,190 2,160 2,460 2,460 c) Website, Internet, & E -mail 300 300 d) Postage 3,800 5,000 3,637 5,000 5,000 5,000 e) Printing, Publications, Advertising 9,927 10,000 9,996 10,500 10,500 11,000 7 f) Maintenance, Office Equipment 837 1,200 850 1,100 1,100 1,100 g) Subscriptions, Memberships 1,550 1,000 1,611 1,700 1,700 1,700 h) Insurance, Bonds 6,031 7,000 7,205 7,000 7,000 7,250 8 i) Public Information, Legal Notices 139 1,500 939 1,000 1,000 1,000 j) Meeting Expenses 4,399 4,000 3,833 4,500 4,500 4,260 k) Media (Cable & Internet) 2,438 3,300 9 1) Mileage 1796 2000 1817 2000 2000 2000 m) Employee Training 0 400 0 400 400 400 SUB -TOTAL OFFICE & ADMINISTRATION 34,619 39,100 36,021 39,860 42,898 44,270 4. Capital Outlay: a) Furniture & Equipment 948 1,500 0 1,000 1,000 1,500 b) Computer Software & Hardware 1,553 2,000 543 2,000 2,000 2,000 10 SUB -TOTAL CAPITAL OUTLAY 2,501 3,500 543 3,000 3,000 3,500 5. Legal: a) Legal Services 21,576 35,000 31,674 32,000 32,000 32,000 11 b) Prosecution Services 39,875 45,000 50,963 45,000 45,000 45,000 12 c) Hennepin County Room & Board 732 1,000 317 1,000 1,000 1,000 SUB -TOTAL LEGAL 62,183 81,000 82,954 78,000 78,000 78,000 6. Contract Services/Studies: a) Audit 6,850 7,056 7,050 7,268 7,268 7,486 b) Information Technology 0 0 81 500 500 750 SUB -TOTAL CONTRACT SERVICES /STUDIES 6,850 7,056 7,131 7,768 7,768 8,236 7. Code Enforcement Program 3,410 4,000 13,126 4,590 8. Administration Reserve Fund 0 0 0 0 0 0 9. Equipment Replacement Fund 25,000 25,000 25,000 25,000 25,000 0 10. Contingency 4,693 9,400 26,700 7,125 3,160 10,000 TOTAL ADMINISTRATION 423,281 456,309 468,751 463,805 444,641 422,492 2015 BUDGET DETAIL (Draft) 2012 2013 2013 2014 2014 Actual 2015 Footnote # Actual Budget Actual Budget Projected Budget See Appendix A AQUATIC INVASIVE SPECIES (AIS) 1. Eurasian Watermilfoil (EWM) Harvesting Program 84,863 95,000 79,428 95,000 95,000 95,000 13 2. Equipment Replacement Fund 0 0 0 0 0 35,000 14 3. AIS Reserve Fund 0 0 0 0 0 0 4. Herbicide Treatment Program 0 0 0 0 0 0 5. AIS Prevention & Management Programs 38,905 30,000 33,472 30,000 47,595 30,000 15 EQUIPMENT REPLACEMENT FUND 1. Purchase of New Mechanical Harvester 174,392 0 0 0 0 0 TOTAL AQUATIC INVASIVE SPECIES 298,160 125,000 112,900 125,000 142,595 160,000 TOTAL DISBURSEMENTS 721,441 581,309 581,651 588,805 587,236 582,492 Lake Minnetonka Conservation District (LMCD) Draft 2015 LMCD Budget Appendix A Other Public Agencies (Footnote #1) It is anticipated that the MN DNR will fund the LMCD with a grant of $30,000 for the 2015 EWM Harvesting Program. Salaries (Footnote #2) 2015 estimated actual Executive Director $81,210.59 (•) Administrative Technician (also serves as EWM Project Manager) $56,805.84 ( *) Less 1 pay period for EWM Project Manager - $2,366.91 Administrative Assistant/Code Enforcement $49,441.60 ( *) Administrative Clerk (part-time) $17,397.12 Seasonal Code Enforcement (part-time) $2,000.00 $204,488.24 ( ") (`) Salaries will be grossed up to pay for long -term disability insurance for full -time LMCD employees ( ") Salary adjustments (including F.I.C.A., medicare, & P.E.R.A.) are included in Contingency (line -item 10) F.I.C.A. & Medicare (Footnote #3) Total Salaries- including EWM Project Management (7.65 %) $15,824.42 Less 1 pay period for EWM Project Manager $181.07 $15,643.35 Employer Benefit Contributions (Footnote #4) P.E.R.A. (7.50 %) $15,364.14 NCPERS Life Insurance $576.00 Medical & Dental Insurance $18,145.20 $34,085.34 Office Lease & Storage (Footnote #5) Monthly Rate Months $1,422.75 9 $12,804.75 $1,458.32 3 $4,374.96 $17,179.71 Professional Services (Footnote #6) Contracted Payroll & Taxes $2,000.00 Contracted Bookkeeping Consulting $500.00 $2,500.00 Printing, Publications, & Advertising $11,000 has been budgeted for two LMCD Newsletters, the re- printing of the Summer and Winter Rules brochures, (Footnote #7) and other LMCD literature. Insurance, Bonds (Footnote #8) $7,250 has been budgeted with the League of Minnesota Cities for insurance for the LMCD Page 1 Media (Cable & Internet) $3,300 has been budgeted to contract with Lake Minnetonka Communications Commission for a producer and on -line (Footnote #9) viewing of LMCD Board Meetings. Computer Software & Hardware $2,000 has been budgeted for information technology, hardware, and software updates. (Footnote #10) Legal Services (Footnote #11) $32,000 has been budgeted for legal services, which will be partially off -set by charging expenses back to applicants. Prosecution Services (Footnote #12) $45,000 has been budgeted for prosecution services. These expenses will be offset by projected $55,000 of court fines. EWM Harvesting Program (Footnote #13) A 10 -week mechanical harvesting program is planned from mid June through mid August to manage EWM on Lake Minnetonka. Harvesting priorities will be based on impediments to public navigation to the open water due to EWM growth (in particular matted areas). All areas that dictate the need for harvesting will be done at least once, with high growth areas being harvested twice (time permitting). More details of the proposed project (including a more detailed budget) will be provided in the spring of 2015. Equipment Replacement Fund $35,000 has been budgeted for replacement of depreciated EWM Harvesting Equipment. (Footnote #14) AIS Prevention & Management $30,000 has been budgeted for unspecfified AIS management and prevention programs (most likely watercraft Programs (Footnote #15) inspections). Similar to past years, the LMCD will seek partnerships for the implementation of these projects (in particular funding partners). RESERVE FUND ANALYSIS: Administration AIS Equipment Replacement Fund 2014 12131/13 Balance $242,108 $95,861 $42,327 Reserve Fund Contribution $0 $0 $0 Transfer from Reserve Fund ($19,565) $0 $0 Transfer to Equip. Repl. Fund ($25,000) $0 $25,000 Projected 12/31/14 Balance $197,543 $95,861 $67,327 Administration AIS Equipment Replacement Fund 2015 Projected 12/31/14 Balance $197,543 $95,861 $67,327 Reserve Fund Contribution $0 $0 $0 Transfer from Reserve Fund $0 $0 $0 Transfer to Equip. Repl. Fund $0 ($35,000) $35,000 Projected 12/31/15 Balance $197,543 $60,861 $102,327 Projected % of 2014 Annual Budget 42.6% 48.7% Page 2 Lake Minnetonka Conservation District (LMCD) Salary and Hourly Rate Adjustments Survey (2010 -2015) Public Agency 2010 2011 2012 2013 2014 2015 Deephaven 0% 2% 1% 2% 2 % 2.50% Excelsior 0% 2% 1% 2% 2% 2.5 %- union employ- ees (same anticipated for non union) Greenwood Contracts with the City of Deephaven LMCD 0% 2% 1.5% 2% 2% Pending MCWD 2% 2% 3% 5% Pending Salary Survey Minnetonka 1.81% 1.56% 1.46% 1.44% 1.83% Pending Increases in 2011 were split in January and July. This is the overall (non union employees) average (non - union). Every employee receives a I% & based on a market analysis, some positions receive a market increase. Minnetonka 2% 2% 1% 1% 3.50% Pending Beach (Plus 3.5% step increases to those eligible) Minnetrista 1% 0% 2% 1% Mound 0% 1% 1% $.50 per hour $.50 per hour Pending for all employees for all employees ($1,040 - full time ($1,040 - full time) Orono 1% 1% 1% 1% 2.0% (police) 2.5% (police) (July, 2012) 1.5% (non union) Non union (pend- ing) Shorewood 2% budgeted each year from 2010 -2013 for non -union employees. Funds were put in a pool & adj ustments were based on performance & position in the market range for each employee. The average has been 1.5% the past couple of years (varies by position). Spring Park 2% 3% 3% 3.75% 3% Pending (These numbers include COLA increases) Tonka Bay 0.83% 1% 1% 1% 2% 2% anticipated Victoria 1% 1% 1% 2% 2% Pending Wayzata 0% 0% 1.5% 2% 2% COLA (non union) 2% on 4/1 (police) 2% COLA & 2% Non union (pend- market adjustment (police) ing) Woodland Contracts with the City of Deephaven �0 I.-AKE MINNETONKA CONSERVATION DISTRICT 5341 MAYWOOD ROAD, SUIT F 200 a MOUND, MINNESOTA 55364 d R.-I.EPHONE 952 /745 -07£39 - FAX 952/745­9085 Gwegory Via. Nybeck, F`XF('JJ I VF DIRECTOR May 29, 2014 The Honorable Scott Zerby City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mayor Zerby: ti 1114 i The Lake Minnetonka Conservation District (LMCD) is seeking assistance from the 14 member cities to encourage their local law enforcement agencies to train officers on Aquatic Invasive Species (AIS) enforcement. The LMCD's vision to empower local agencies with the ability to enforce will give local agencies the option to enforce while contributing to the overall AIS management. Untrained officers cannot enforce the law and write citations. The LMCD, through its AIS Task Force, facilitates AIS management and prevention efforts for Lake Minnetonka. AIS risks to Lake Minnetonka and other bodies of water in the west metro area have been well publicized. In recent years, there has been good progress in creating new and enhanced laws and regulations that are reducing the risk of introduction of AIS and minimizing the possibility of its spread from already contaminated waters. The AIS Task Force and LMCD Board of Directors recognize one important effort that needs to be addressed; to have the local law enforcement officers trained so that they have the option to enforce the established laws and regulations (State Statute 84D, Sec. 13, Subd. 4) that have been put in place to reduce AIS risks. This is a largely missing AIS management and prevention element. To further explain, only the Minnesota Department of Natural Resources (MN DNR) Conservation Officers (who are small in numbers and cannot match the coverage that can be provided by the local agency officers) and a few local law enforcement officers are properly trained to enforce these laws and write citations. At your request, the LMCD will coordinate AIS training for your local agency to enhance this important effort. The MN DNR offers this training free of charge, in which officers will receive POST credit for attending the class. The class is approximately two hours and scheduling can be done to meet the agencies' needs (including on -site training to accommodate scheduling concerns). To this end, the LMCD is requesting your assistance in proactively accomplishing the following tasks: • Discuss AIS enforcement capabilities with your respective police chief; • Find out how many officers have been trained on AIS enforcement; and VVol) P-1ge Addr .z�: ht3 � j'/ w v,,, In r.(I rorg - F� niml Art��ir,._ ��: I ic(l�(?Irr�c .org {} terot,,: e;t m'.] preservee Lake Misu3,,tOnka. The Honorable Scott Zerby May 29, 2014 Page 2 • Establish a goal of having all officers trained on AIS enforcement by the 2015 boating season. The LMCD and the MN DNR are committed to removing any logistical obstacles that may stand in the way from accomplishing this important effort. Please feel free to contact LMCD Executive Director Greg Nybeck at gnybeck @lmcd.org or (952) 745 -0789 if you have questions. Sincerely, Jay Green, Vice Chair Lake Minnetonka Conservation District cc: Member City Administrator Member City Police Chief #QA MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: MS4 Annual Meeting Meeting Date: June 9, 2014 Prepared by: Paul Hornby Reviewed by: Attachments: None Background: The MS4 Annual Meeting is an opportunity to review the City's Storm Water Pollution Prevention Program (SWPPP) for compliance with the Minnesota Pollution Control Agency's Municipal Separate Storm Sewer System (MS4) General Permit. The meeting is also held to obtain public comments on the program. Jesse Carlson from WSB & Associates, Inc. will be presenting on the City of Shorewood's SWPPP for compliance with the MS4 General Permit. He will explain the requirement to hold an annual public meeting by June 30th of every year to discuss the City's SWPPP, provide a discussion on the previous year's activities, and allow an opportunity for individuals to provide input on the City's SWPPP. He will explain that the City's SWPPP will need to include measures to address each of the following Best Management Practices (BMP) that should be undertaken annually: 1) Public education and outreach 2) Public participation and involvement 3) Illicit discharge detection and elimination 4) Construction site storm water runoff control 5) Post - construction storm water management 6) Pollution prevention and good housekeeping for municipal operations. Jesse will also summarize the new requirements the City will need undertake as a result of the new MS4 General Permit. Next Steps and Timelines: The comments received by the public and Council will be entered into the 2013 Annual Report that will be submitted to the MPCA on or before June 30, 2014. 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 #9B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accept Proposal for Geographical Information Services Meeting Date: June 9, 2014 Prepared by: Larry Brown, Director of Public Works Reviewed by: Jean Panchyshyn, City Clerk Attachments Proposal by WSB and Associates, Inc. Policy Consideration: Should the City of Shorewood accept the proposal for Geographical Information Systems (GIS) Services? Background: During the budget work sessions, it has been discussed as to how GIS will aid staff and residents for obtaining information for properties and infrastructure. Staff has solicited a proposal by WSB and Associates for such services. WSB has proposed hosting the GIS system on their servers. Thus, users can access the databases by an internet connection and access the following features: • Search for properties based on address, PID, and owner with an autocomplete function • Access record drawings by clicking on utility features in the map • View any layers included in the Local Government Information Model • Create buffers • Add text and graphics to maps • Measure distances and areas • Create mail labels • Export data to MS Excel • Easily print maps • Export pdf and jpg images • Access GIS data in the office and in the field Staff has the need to access data in the field. The Mayor is recommending that parcel and infrastructure data be made available on line. This subscription would accomplish those items. Financial Considerations: Per the proposal, costs for such services include an implementation Cost of $5,960 and an ongoing monthly hosting cost (Beginning in 2015) of $300 per month. It is suggested that the subscription costs be divided amongst the utility funds on a prorated basis. Recommendation: Staff is seeking direction from the City Council as to how you would like to proceed. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 A WSB T, =Wofm itdakS, Joh engineering planning "O & itO tt�0 t0l" construction June 3, 2014 Larry Brown Public Works Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Work Plan to Implement DataLink for the City of Shorewood Dear Larry: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 - 541 -4800 Fax: 763 - 541 -1700 On behalf of WSB & Associates, Inc. (WSB), it is my pleasure to present you with this work plan to implement DataLink a Web Based GIS solution for the City of Shorewood. Project Understanding Based on our conversations, the City would like to implement DataLink to provide users with a flexible web application to meet staff's GIS needs. DataLink is a web based GIS application specifically targeted at giving City staff fast access to reliable information. DataLink and the WSB team give users: • An easy -to -use web based interface with fast performance and a rich set of features • An open platform that can easily integrate with Laserfiche, Cartegraph Asset Management, Computer -Aided Dispatch (CAD) data, and other IT infrastructure • A team that fully understands the importance of all steps of the implementation process including education and support • A fully functional mobile solution that is easy to use and supports multiple devices All data stored in DataLink is based on industry standard technology using the Local Government Information Model and includes the tools shown in Attachment A. Based on conversations with City staff we have outlined a scope to meet the City's needs: Implement DATALINK with Data Hosted at WSB WSB will move a copy of the City's geodatabase to WSB's cloud servers and implement the DataLink application. WSB will perform all required map service and application configuration. Implementation Cost: $5,960 Monthly hosting cost (Beginning in 2015): $300 St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com F: \WPWIN\GIS \doc\Shor ood\ LTR PROP4 brown- 060613b.do Mr. Larry Brown June 3, 2014 Page 2 Technical Support and Database Updates WSB's GIS team is dedicated to providing high - quality, technical support to our clients. Bryan Pittman will be your primary support contact who ensures that your technical support needs are being addressed in a fast, effective manner. Bryan will provide support by phone, over the internet, and with on -site visits. Bryan's time will be billed under the existing GIS Service agreement. If you have any questions concerning our proposal, please feel free to contact me at 763 - 287 -7194. We look forward to working with you and greatly appreciate the opportunity to assist you and your staff in the completion of this project. Sincerely, WSB & Associates, Inc. 3 J hn 2 Mackiewicz� rincipal Attachments of F: \WPWIN\GIS \doc\ShOr ood \LTR PROP4 brawn- 060314.da Attachment A: Data Link Features • Search for properties based on address, PID, and owner with an autocomplete function • Access record drawings by clicking on utility features in the map • View any layers included in the Local Government Information Model • Create buffers • Add text and graphics to maps • Measure distances and areas • Create mail labels • Export data to MS Excel • Easily print maps • Export pdf and jpg images • Access GIS data in the office and in the field #9C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Valleywood Area Improvements, City Project 13 -01— Change Order No. 1 Additional Background: On September 9, 2013, the City Council accepted bids and awarded the construction contract for the 2013 Street, Drainage, and Utility Improvements (Valleywood Lane and Valleywood Circle), City Project 13 -01 to Minger Construction, Inc. ( Minger). The following items required modification during plan and contract review with Minger and represent out of scope work from the contract as bid: 1. Asphalt Paving of the wearing course to occur in 2015 a. The alternate bid completion identified 2014 placement contrary to City practice 2. Storm sewer modification form circular to arch -span pipe for a roadway crossing a. Pipe change to provide additional roadway cover above the pipe 3. Removal of large trees near overhead utilities from the right of way a. These trees would have significant root damage and may not survive past after construction b. Removal of dead trees in the right of way to prevent future removals 4. Addition of improved pipe foundation rock due to unsuitable soil conditions As a result of these modifications, additional construction work was necessary. Minger has submitted the change order detailing the additional work items. The work orders have been reviewed by staff with regard to the work scope and additional costs, and recommend approval. Financial or Budget Considerations: The project construction contract as bid was awarded by the Council in the amount of $534,228.35. Change Order No. 1 will increase the contract $8,054.45, to $542,282.80, approximately 1.5% above the original contract amount. Recommendation / Action Requested: Staff recommends approval of the enclosed Resolution Approving Change Order No. 1. Payment for this change order will be made under the payment request process in July, 2014. 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 Work Request Meeting Date: June 9, 2014 Prepared by: Paul Hornby Reviewed by: Attachments: Change Order No. 1, Resolution Approving Change Order No. 1. Background: On September 9, 2013, the City Council accepted bids and awarded the construction contract for the 2013 Street, Drainage, and Utility Improvements (Valleywood Lane and Valleywood Circle), City Project 13 -01 to Minger Construction, Inc. ( Minger). The following items required modification during plan and contract review with Minger and represent out of scope work from the contract as bid: 1. Asphalt Paving of the wearing course to occur in 2015 a. The alternate bid completion identified 2014 placement contrary to City practice 2. Storm sewer modification form circular to arch -span pipe for a roadway crossing a. Pipe change to provide additional roadway cover above the pipe 3. Removal of large trees near overhead utilities from the right of way a. These trees would have significant root damage and may not survive past after construction b. Removal of dead trees in the right of way to prevent future removals 4. Addition of improved pipe foundation rock due to unsuitable soil conditions As a result of these modifications, additional construction work was necessary. Minger has submitted the change order detailing the additional work items. The work orders have been reviewed by staff with regard to the work scope and additional costs, and recommend approval. Financial or Budget Considerations: The project construction contract as bid was awarded by the Council in the amount of $534,228.35. Change Order No. 1 will increase the contract $8,054.45, to $542,282.80, approximately 1.5% above the original contract amount. Recommendation / Action Requested: Staff recommends approval of the enclosed Resolution Approving Change Order No. 1. Payment for this change order will be made under the payment request process in July, 2014. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 TKDA Engineers - Architects- Planners Saint Paul, MN June 4 20 14 Froj. No. 15187,000 Change Order Nob 1 To Min er Construction, Inc. PO Box 236 Chanhassen Minmesota 55317 for 2013 Street Drainage & Utili 1m rovements for Ci of Shorewood Minnesota You are hereby directed to make the following change to your contract dated September 11 , 20 13 . The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (deff&ase) (not -eha ) the contract sum by Eight.. Thousand Fifty Four Dollars and 45/100 ($ 8,054.45 ). This change order provides for changes in the work of this contract according to the attached itemization. The final value of this change order will be determined by the agreed unit price multiplied by the actual quantities installed. NET CHANGE = Amount of Original Contract Additions approved to date (Nos. } Deductions approved to plate (Nos. ) Contract amount to date Amount of this Change Order (Add) (De&4) ) Revised Contract Amount : Approved Owner Contractor $1 8,054.45 $ 534,228.35 $ 534,228.35 $ 8,054.45 $ 542,282.80 TKDA B°" a y Larry D. liner, P.E. White - Owner Pink - Contractor Blue - TKDA 2013 STREET, DRAINAGE & UTILITY IMPROVEMENTS CITY OF SHOREWOOD, MINNESOTA TKDA PROJECT NO. 15187-000 ESTIMATED ITEM CHANGE NO. DESCRIPTION UNIT ORDER QTY May 31, 2014 AGREED UNIT AMOUNT PRICE I ASPHALT PAVING WEAR COURSE INCREASE FOR 2.015 TN 529.0 $ 4.70 $ 2,486.30 2 RCP 28" X 96" SPAN CL 11A (OVER 24" ROUND) LF 23.0 $ 14.05 $ 323.15 3 TREE REMOVAL (EXTRA TREES) EA TO $ 660.00 $ 4,620.00 4 1.5" ROCK BEDDING FOR PIPE TN 25.0 $ 25.00 $ 625,00 SUBTOTAL - DIVISION 1 $ 8,054.45 TOTAL CHANGE ORDER NO. 1 $ 8,054.45 g ""56 A, 0 it P.O. Box 236 Chanhassen, MN 55317 Phone: 952-368-920O Fax: 952-368-9311 Change Order #1 Description Qty. Unit Unit Price Total Asphalt Paving Wear Course in 2015 529 Ton $ 4.70 2,486-30 (increase in contract cost) "Does not include asphalt curb wedge RCP 28"x96" Span CL IIA 23 LF $ 14.05 $ 323.15 (increase in material cost in lieu of 24" RCP CL 111) Tree Removal (Extra Trees) 7 Ea $ 660.00 $ 4,620.00 1.5" Rock for Pipe 25 Ton $ 25.00 $ 625.00 $ TOTAL $ 8,054.45 CITY OF SHOREWOOD RESOLUTION NO. 14- A RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR VALLEYWOOD AREA IMPROVEMENTS CITY PROJECT 13 -01 WHEREAS, the City of Shorewood Council awarded the contract for the reconstruction of Valleywood Lane and Valleywood Circle from Eureka Road to the west end to Minger Construction, Inc. of Chanhassen, Minnesota; and WHEREAS, the Capital Improvement Plan provides $743,000 for the improvement project; and WHEREAS, Change Order No. lis necessary to construct the improvements and associated work: and WHEREAS, Change Order No. 1 will increase the project construction costs in the amount of $8,054.45, from the original contract amount of $534,228.35 to $542,282.80; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: Change Order No. lin the amount of $8,054.45 is hereby approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 2014. ATTEST: Jean Panchyshyn, City Clerk Scott Zerby, Mayor #10B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title / Subject: Amendment to Shorewood City Code Chapter 401, Liquor Regulations and Chapter 1301, Municipal Fees Meeting Date: June 9, 2014 Prepared by: Bill Joynes, City Administrator Jean Panchyshyn, City Clerk CC: Tim Keane, City Attorney Attachments: Attachment 1- MN Statutes 340A.404; Attachment 2- Liquor License fee schedules, Draft Ordinance Policy Consideration: Should City Code Chapter 401 Liquor Regulations be amended to include a Ito 4 Day Temporary On -Sale Intoxicating Liquor Permit? Background: The Excelsior Firefighters Relief Association has requested consideration to allow the sale of liquor at its annual fundraising dance on Friday, July 18, 2014. In past years, the Relief Association has received a 3.2 Percent Malt Liquor License for this event. Liquor with an alcohol content higher than 3.2 Percent falls under Intoxicating Liquor. An amendment to the city's ordinance would be necessary to provide for a 1 to 4 Day Temporary On -Sale Liquor License. A copy of Minnesota Statutes 340A.404, Subd. 10— Temporary on -sale licenses, is provided as Attachment 1. The current ordinance Chapter 401.05, Subd. 7, Classification of Licenses, reads as follows: Subd. 7. Temporary on -sale 3.2% malt liquor. These licenses may be issued only to clubs, charitable, religious or nonprofit organizations. The proposed amendment, with added language shown in underline, would read: Subd. 7. Temporary on -sale 3.2% malt liquor or intoxicating liquor. These licenses may be issued only to clubs, charitable, religious or nonprofit organizations. Also, City Code Chapter 1301, Municipal Fees, would be amended as follows, with added language shown in underline. Attachment 2 includes the City of Shorewood current liquor license fees, as well as the City of Excelsior's fees for a 1 to 4 day temporary liquor license. Council will need to determine if it wishes to adjust the fee for a temporary liquor license. LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Reference Charge /Fee II. Liquor Temporary License 3.2% malt liquor or intoxicating liquor 401.06.2 $25 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 Options: Council may determine to approve or deny the ordinance amendments, and any changes in the fee for the temporary license. Financial Considerations: Determine the fee to be collected by the city for the temporary on -sale liquor license. There is no restriction on the fee the city can establish for this license. Recommendation /Action Requested: Approval of an Ordinance Amending Chapters 401 and 1301 relating to Temporary Liquor Licenses; the fee noted on the draft ordinance will be amended as Council determines. EXCERPT FROM MINNESOTA STATUTES 340A.404 INTOXICATING LIQUOR; ON -SALE LICENSES. Subd. lO.Temporary on -sale Licenses. (a) The governing body of a municipality may issue to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under section 1 OA. 14, or (3) a state university, a temporary license for the on -sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on -sale of intoxicating liquor for not more than four consecutive days, and may authorize on -sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full -year on -sale intoxicating liquor license issued by any municipality. The licenses are subject to the terms, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision are not valid unless first approved by the commissioner of public safety. ATTACHMENT 1 City of Shorewood Current Liquor License Fees LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES Type of Charge /Fee City Code Charge /Fee Reference II. Liquor Intoxicating liquor license - on- sale 401.06.1 $7,500 Wine license - on -sale 401.06.1 $1,000 Intoxication malt liquor /wine license - on -sale 401.06.1 $2,000 Intoxicating liquor - off -sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt Liquor license - on -sale 401.06.2 $300 3.2% malt liquor Liquor license - off -sale 401.06.2 $50 3.2% malt liquor Temporary license 401.06.2 $25 Liquor license investigation fee - new license 401.06.1 $500 Liquor license investigation fee - 401.06.1 $250 Renewal with change in managers /owners /and the like Liquor licensees in violation 401.06.2 $500 /first offense $1,000 /second offense in 24 -month period $1,500 /third offense in 24 -month period $2,000 /fourth offense in 24 -month period ATTACHMENT 2 CITY OF EXCELSIOR 1 TO 4 DAY TEMPORARY LIQUOR LICENSE FEE SCHEDULE The City of Excelsior has the following fee schedule for a 1 -4 Day Temporary Intoxicating Liquor Permit: If the Event is on Private Property: $200 flat fee If the event is on City Property: FEES LOCAL NON -LOCAL 0 - 100 Persons $120.00 $240.00 101 - 200 Persons $240.00 $480.00 201- 500 Persons $360.00 $720.00 Over 500 Persons $480.00 $960.00 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 401 and 1301 OF THE SHOREWOOD CITY CODE RELATING TO TEMPORARY LIQUOR LICENSES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 401.05 Subd. 7, of the Shorewood City Code shall be amended to read as follows: Subd. 7. Temporary on -sale 3.2% malt liquor or intoxicating liquor. These licenses may be issued only to clubs, charitable, religious or nonprofit organizations. Section 2. Section 1301.02 Establishment of Fees and Charges, Section IL Liquor, Temporary License is amended to read as follows: Type o Charge/Fee City Code Reference Charge/Fee II. Liquor Temporary License 401.06.02 $25 3.2% malt liquor or intoxicating liquor Section 3. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 2014. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk Shorewood City Council, Thank you for taking the time to vote on this proposed ordinance. It is our effort today to explain why this is an important step in moving forward with our annual fire dance. This event brings together the local community to help promote a social atmosphere around the district, an opportunity to meet the neighbors and a chance for us as a fire department to reach out in non - emergency roles. This event serves as virtually all of the fire relief boards budget.. We do not wish for the dance to be taken into an adult only direction. We still have the wonderful family bands, bouncy castles and face painters that families expect. This event is and will remain a family first function. Safety concerns are still being addressed in our standard practice by having all servers go through training with South Lake Police in proper ID checking and how to identify and handle patrons who are getting close to being overserved. In addition Thorpe Distributing is providing additional resources to promote a safe event. The dance has always been an opportunity for our fire relief board to also fundraise These funds go towards supplementing our existing gear and charitable donations towards other fire related charitable causes. This community has always gone out of its way to support us and we thank you for that. However, Thorpe distributing no longer carries the adult beverages the patrons of our dance are used to seeing. It is for that reason we ask that the city pass the ordinance they see today. We are not pioneering this change by any means, the city of Minneapolis has only 2 bars remaining that still serve 3.2% beverages, this was not a legislative change but instead a change in customers palates. Mound Fire, whose dance happened this last weekend made the switch to serving of full strength adult beverages. It is with a growing business landscape and busier social calendars that our dance must compete to stay relevant. It is with better offerings of beverages and continued devotion to service that this event will continue to improve, Thank you, Excelsior Fire Relief Excelsior Fire Dance Beverage Selection Keg Beer Budweiser Michelob Golden Light Malt Beverages Bud Light Lime -a -Rita Bud Light Straw- Berrita Wine Chardonnay 5 oz Servings Cabernet 5 oz Servings NIA Beverages Soda Dad's Tap Root Beer O'Douls NIA Beer Safety & Security All servers are required to go through South Lake Police Department alcohol awareness, this involves training servers in proper ID checking, responsible service and a zero tolerance for underage and over serving of adult beverages. South Lake Police will once again provide security for the event and closely coordinates with us to insure patrons are responsible. We also will continue to provide shuttles to allow for as many guests to safely walk to our event. Thorpe Distribution also promotes the We -ID- Program and will be providing signage, age calendars, ID books for out of state and military ID's to provide additional reminders and easy to reference materials. Staff will also be wearing "We ID" buttons to insure staff & patrons remember this is a safe first event. #10c MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Excelsior Firefighters Relief Association Fundraising Event - Friday, July 18, 2014 Meeting Date: June 9, 2014 Prepared by: Bill Joynes, City Administrator Jean Panchyshyn, City Clerk CC: Brad Nielsen, Larry Brown Attachments: Resolutions (2), Special Event Permit Application Background: As noted in the previous item #1013, the Excelsior Firefighters Relief Association (EFRA) is requesting consideration of a temporary intoxicating liquor license for its annual fundraising dance event at the Fire Station located at 24100 Smithtown Road on Friday, July 18. The event will take place between the hours of 5:00 P.M. and midnight. This will be the 30th year that the EFRA has held this fundraising event. This will be the 10th year this event has been held at the Fire Station at 24100 Smithtown Road. It is the EFRA's only fundraising event, and has historically been profitable. In past years, the EFRA has had a Temporary 3.2 Percent Malt Liquor License, but wishes to provide additional beverage choices that are above 3.2 Percent alcohol content. The EFRA Board will meet on Thursday, June 5 to formally approve this request; therefore, the formal request from the EFRA Board will be delivered under separate cover to Council prior to Monday's meeting. The EFRA has submitted both the Temporary on -sale 3.2 Percent Malt Liquor License, as well as the Temporary on -sale Liquor License applications. Should Council determine to deny the request for the temporary Liquor License, the request for the temporary 3.2 Percent Malt Liquor License is under consideration. The EFRA is requesting the fee be waived for either license, as in past years, as the City is a member of the Excelsior Fire District. Prior to the event, the individuals serving alcohol will be attending an alcohol awareness training session provided by the South Lake Minnetonka Police Department. As all required liquor license documents have been submitted, a resolution is attached for Council consideration. The applicant has also submitted a Special Event Permit application. The applicant proposes to provide shuttle service to the site from downtown Excelsior. Parking is also available at Shorewood City Nall and the Southshore Center parking lots. On- street parking will not be allowed on Echo Road, Shorewood Lane or Minnetonka Drive. The Special Event permit has been approved by the Zoning Administrator, the EFD Fire Chief, and the SLMPD. As in past years, the EFRA will coordinate additional law enforcement needs with the SLMPD. A copy of the Special Event Permit application is attached. Recommendation / Action Requested: A Motion to Adopt a Resolution Approving the Temporary On -Sale Liquor License (which includes 3.2 Percent Malt Liquor), OR Approval of a Temporary 3.2 Percent Malt Liquor License; AND Approval of the Special Event Permit 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 Next Steps: If approved, the Application for a Temporary On -Sale Liquor License will be mailed to the State Alcohol and Gambling Enforcement Division for approval. The License will be provided to the EFRA after approval by the State. DRAFT — INTOXICATING LIQUOR AND 3.2 PERCENT MALT LIQUOR CITY OF SHOREWOOD RESOLUTION NO. 14- A RESOLUTION APPROVING A TEMPORARY "ON- SALE" LIQUOR LICENSE WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale of liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, and shall fiilfill certain requirements concerning insurance coverage, and; WHEREAS, the applicant has satisfactorily completed an application, and has fiilfilled the requirements for the issuance of an "on- sale" temporary liquor license; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a temporary license for "on- sale" liquor be issued to the Excelsior Fire Fighters Relief Association, for its fiindraising event on July 18, 2014 from 5:00 P.M. to Midnight, at 24100 Smithtown Road. This license is approved for 3.2 Percent Malt Liquor and Intoxicating Liquor. BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the Temporary liquor license fee be waived. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of June, 2014. ATTEST: Jean Panchyshyn, City Clerk Scott Zerby, Mayor DRAFT — 3.2 PERCENT MALT LIQUOR ONLY CITY OF SHOREWOOD RESOLUTION NO. 14- A RESOLUTION APPROVING A TEMPORARY 3.2 PERCENT "ON- SALE" MALT LIQUOR LICENSE WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale of 3.2 percent malt liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, and shall fiilfill certain requirements concerning insurance coverage, and; WHEREAS, the applicant has satisfactorily completed an application, and has fiilfilled the requirements for the issuance of a temporary license for the "on- sale" of 3.2 percent malt liquor: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a temporary license for the "on- sale" of 3.2 percent malt liquor be issued to the Excelsior Fire Fighters Relief Association, for its fiindraising event on July 18, 2014 from 5:00 P.M. to Midnight, at 24100 Smithtown Road. BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the Temporary 3.2 Percent malt liquor license fee be waived. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of June, 2014. ATTEST: Jean Panchyshyn, City Clerk Scott Zerby, Mayor s 1• 9 Kt or;ty t�` SPECIAL EVENT CITY OF APR ? � ". E IT APPLICATION ,HO� OQD on, �F bid, f�%x11�ta£�0 (Pursuant to City Code, Chapter 505) a , »w HnNY.v,v,.p, 1 5755 Country Club Road t 1 ore�vood, Minnesota 55331 one" 952.960.7900 Fax; 952,474,0128 (Please Print or 7 pe) Today's Date M ( Application Fee; n/a Receipt #, njaa Event to be Registered: Any person or persons sponsoring a event at which it may reasonably be anticipated that there will be more than'75 persons in attendance shall, prior thereto, register such event with the City Cleric, giving the location, date, 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, shat! be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefore approved by the City Council. Application for such permit shall be made to the City Clerk, Bvent Location: Cqq1QC2 Date of Event: 7- /?-/1 Number of Persons (anticipated) to Attend, 000 Time: &2a2 —,9, i,9 wt, Purpose Sponsor' Daytime Phone ff: / - �2- 3r Evening Phone Sc Special Parking or Safety Provisions (e.g., traffic control, parking, pedestrian access): se.,, .. kttko L, j En omeWegt; A police officer may order all persons. present in any such group or gathering from which such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse from said event in lieu of being charged under this Chapter should the continued health, safety, comfort, and repose of the public be in jeopardy, or if the event is in violation of the provisions of Chapter 501 of the Shorewood City Code. Failure to comply with the conditions of the Special invents Pen-nit may result in-police enforcement, It0fQI�fi'.AYHUST RE INPA.S �#d3 FQ� taMER(ENCYVEi 7CLESl Applicant's Signature; y �� .{ �"tylr o� Date 1 14 Allow 5 business days for processing »., ».w-- --- — ------ --- -M »». For Office Use Only ---------------------- - -- ----- _,.._ »_._. »_.____ ». SLMPD: 5ez, o ve-, ✓° _ _r_ _ - Date: Fire Distric Zoning Administrat City Administrator: t)figinait City d3horewood, 5755 Date: _ L - % Dater Date: ~ .. / Y _ MN 5533 t Copy to; South Lake Minnetonka Police Department, Fire Distriot, Appiioant CITY OF 2, 3 2914pE M SHOREWOOD .1TY 5755 Country Club Road - off"W­ood, Minnesota 55331 952.960.7900 Fax-, 952,474.0128 (Please Print or Type) SPECIAL EVENT IT APPLICATION (Pursuant to My Code, Cbapter505) Today's Data Application Fee: _n/a Receipt 9 aj� Zvent to be Registered.- Any person or persons sponsoring a event at which it may reasonably be anticipated that there will be more than 75 persons in attendance shall, prior thereto, register such event with the City Clerk, 'giving the location, date, time, purpose, names of all sponsors, and the number of persons anticipated will be, in attendance. Pvrmilt for Additional Events: Within a period of 6 months following such event, no additional vf;nt s), at which it may reasonably ba anticipated that there will be more than 75 persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefore approved by the City Council. Appljo6on for such permit shall be made to the City Clerk. BventLooatlon: qj.QQ ))meofBvent, NumWt of Persons (utjoipatcd) to Attend: 7" 1600 Time: Purpose, Sponsor Daytime Phone #: RvWq Phone t- Special Parking or Safety Provisions (e.g., traffic control, parking, pedestrian ftcutss), Boapment: A police officer may order all pemans-present ill MV such group or gathering from which such noise Mama, other Man the owners or tMants of a. dwelling unit to immediately disperse from said event in lleu of being charged under this Ch"rAoald the continued health, safety, corn Flirt, and repose cifthe public be in jeopardy, or lflht event is iaviol4on oftho provisions ofC*ter 50) oftfie Short wood City Code. Failure to comply with the conditions of Special Events Permit may result in'police enforcement, )?OADWAYMVSTREMAISPA.IAWLBFO,Rggg)?G,ENCYPEH)CIXSI - Applicant's Signature, wdaw-41k L�kf-c ap Date: CZ/' Allow 5 business days for processing d. ------------ Ifor office use Only -------------- Date-, ,f -p L.Ih'� J-Oj�f Fire District: Date; Zoning Administrator: Date: City Administrator, Date. Odgi*: clrfofSharewaad, s7ss Country cite. Rood, ghamWaad, MN55131 C"yfo! lowh lAketvifilawouku Police Dinwifflant, Fire blurkt,Appflazor #10D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Schultz — Request to Place Dumpster at Christmas Lake Access Meeting Date: 9 June 2014 Prepared by: Brad Nielsen Reviewed by: Jean Panchyshyn Policy Consideration: Should the City allow Dave and Peggy Schultz' contractor to place a dumpster at the Christmas Lake access for one day during the week of 9 June? Background: As you may recall, Dave and Peggy Schultz experienced a significant fire last summer in which their boathouse at 5950 Ridge Road was destroyed. As part of finishing up the project and removing various items of debris from the area of the fire, their contractor has requested to use the Christmas Lake Access on Merry Lane to keep a dumpster for approximately six hours one day next week. The terrain on Schultz property is among the steepest on the east side of Christmas Lake, making it extremely difficult to remove fire and construction debris. They would load material from the site onto a pontoon boat, pull up to the south side of the dock at the access (away from the ramp) and wheelbarrow the material to the dumpster. If approved, staff would work with the contractor relative to placement of the dumpster so as not to interfere with AIS inspections at the access. Financial or Budget Considerations: Approval of the request would involve no expense for the City. Options: Authorize M A Mortenson Company to place a dumpster at the Christmas Lake Access for a period of six hours during one day of the week of 9 June; or deny the request. Recommendation / Action Requested: Staff has found the Mortenson contractor to be very organized, cooperative and professional and the request is considered reasonable. Approval is recommended. Next Steps and Timelines: Upon approval by the Council, staff will advise the contractor to proceed with the cleanup (likely Wednesday). Staff will work with the contractor relative to the optimum location for the dumpster and will inspect the access to ensure that the access is left in the condition they found it. Connection to Vision / Mission: Quality public services. #11A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Deer Management Program 2014 — Results of Informal Resident Survey Meeting Date: 9 June 2014 Prepared by: Brad Nielsen Reviewed by: Jean Panchyshyn Attachments: ExhibitA — Tabulation of Results Exhibit B — Resident Comments Policy Consideration: Should the City continue its Deer Management Program for 2014? Background: Earlier this spring, staff reported that the annual aerial deer survey revealed relatively low numbers of deer within the city. Council agreed with a recommendation from staff to conduct an informal resident survey through the newsletter and website, asking residents for their observations as to the status of the deer population and whether the program should be modified or suspended. As noted in the attached survey results, a fairly strong majority appear to favor the continuance of the program. Financial or Budget Considerations: The Council is reminded that the DMP involves relatively little expense, using existing staff resources and a $50 check for the additional insurance required by the City. Options: Continue the program as in the past; reduce the number of dates and /or sites for a 2014 hunt; or suspend the program. Recommendation / Action Requested: Based on resident comments, staff recommends that the program be continued for 2014. Proposed dates will be provided under separate cover. Next Steps and Timelines: Staff will advise Metro Bowhunters Resource Board of the Council's decision and, if approved, will schedule site inspections for this year's hunt. Connection to Vision / Mission: Quality public services. DEER SURVEY QUESTIONNAIRE RESPONSES May 2014 QUESTION YES NO 1. Have you noticed a decline in the number of deer in your neighborhood this 104 98 spring compared to other years? 2. Do you think the Deer Management Program has been successful in 135 58 containing /reducing the number of deer in Shorewood? 3. Do you think we should continue the Deer 150 51 Management Program for 2014? 4. If yes, should the number of weekends hunted be 28 120 reduced from the current five weekends? 5. Should the number of sites 33 134 being hunted be reduced? Exhibit A DEER SURVEY COMMENTS May 2014 Current plan seems to be working well. Please continue. Thanks. We have more deer than ever and they continue to damage trees /shrubs. Yet people still feed them. Argh. We have a continuous "parade" of deer thri our yard! No hostas or lilies, tulips! Ever! Plus damage to trees! Saturday we had 3 deer in our yard and they were not at all frightened by our attempts to get rid of them!! Use as many weekends and hunted sites as necessary to keep the deer population down. Many thanks! McLain Road is over - populated with deer. We have less deer in our backyard. Used to have 5 — 7 at a time. Now maybe 2. I live on Howard's Point Road. August 26 there were 5 deer running down the road at 3:00 P.M. I have had deer sleeping under my pine trees all winter. The deer population is too large. It is not healthy for them or the people that live here. We have had up to seven deer in our yard at one time. We support a strong deer management program. The herd is above natural carrying capacity. Please expand efforts to get people to not feed deer. I really feel bad running them out of town. I tried to employ them every fall — they did a wonderfi l job of trimming down my hosta gardens before the snow would fly. I guess I will have to hire a young good looking gardener now!! All winter long, I had a group of 20 deer pass through my yard daily. I see 3 — 5 every day crossing through my yard at about 6:00 P.M. now this spring. I have 5 — 6 deer every evening in my yard — too many! Do the math — each doe has 2 or 3 fawns so that increases the total yearly. We had 2 sets of 2 in summer 2013. Increase the number of sites in Amesbury and Garden Road area. We live in Marsh Pointe and have seen as many as 5 deer together this spring. Thanks. Often see deer on Eureka between Birch Bluff and Smithtown. Also on Birch Bluff in Tonka Bay. If Tonka Bay is not aggressive in deer removal, then Shorewood should not scale back. I Exhibit B I live on Murray Court. Every day 7 — 13 deer are in my back yard year round. They have a regular schedule. I planted 13 trees and other plants and have had to replace quite a bit of my plantings due to the deer ribbing and eating my plants. I try to deter them by spraying plants and trees with "Deer Off' but doesn't seem to work. Also, have wire protection around my trees but in the fall the deer are determined to rib their horns on the young trees. So, I would really appreciate seeing fewer deer in my back yard. Please consider this information. Don't shoot too many as you have been. Winter kills many also. I think we should continue for one more year at least. Pete finds it disturbing hunters don't wear orange. We are a private area and we confront strangers no matter who they appear to be. I still have 5 or 6 deer that come into my yard from the adjacent wetland and eat my plants. We continue to see deer and deer damage in our neighborhood — Boulder Bridge. Still see a herd of 12 or more in woods behind Birch Bluff Road. Two sets of triplets in the last two years. Deer continue to eat many of residential "greens" over winter and summer. Please continue to harvest the herds. Reduce the Silver Lake herd. We notice no reduction in numbers here. The deer continue to eat upon landscape plants. Still plenty of deer in the Glen Road neighborhood. Please continue this program. I think Shorewood would be overrun with deer if not for the annual harvest. Even now, I consistently see three deer in our yard daily. That would be six, 12, etc. in a few years if not for the harvest. We live here because we love wildlife. Please don't remove it! Having deer in Shorewood adds to the ambiance of the area. Now that the number has been reduced significantly a moratorium for 2014 would be reasonable. We have many deer almost every day. Yesterday there were nine deer (and two turkeys; at times a dozen or more). The number visiting us has been reduced a bit. Two winters ago we had 25 deer which bedded down and stayed two weeks. They really did a number on our vegetation at that time. That was an exception. However the number usually ranges from 5 — 10 almost every day. 2 Please focus on Howard's Point /Brynmawr Place neighborhood and Murray Court. In Murray Court my mother -in -law frequently counts up to 13 deer in her back yard. Very destructive. My neighbor on Howard's Point has a garden fenced in and they still get in. This is an elderly couple who grow their own food. We have seen a group of six deer running together. I know deer from adjoining cities run in Shorewood also. Please continue the management program. I feel it was successful last year but we still see many deer. They are a hazard to the public. I think the number of sites and weekends should remain the same. Thank you. Please continue the deer management program thri 2014 and 2015. The program is worthwhile, however, you need to refocus the areas of control. The entire area around Freeman Park, Mtka Country Club, and more each day you see 2 to 7 deer and they are extremely destructive. Also note that folks over off of Strawberry Lane are "feeding the deer ". The only times I don't see seer are when the hunters are out. I think an expansion of weekends and areas hunted would help. I live by Minnewashta School. Rarely see deer in Sweetwater area. There seem to be as many or more deer than ever! NO HUNT! I lived next door to a site and it was disgusting and horrific. The deer took a long time to die — my kids were terrified. My husband was able to video the deer suffering for my neighbors to see — they AGREE, stop this senseless hunt! This Winter, we saw more deer than ever, with additional sightings of deer tracks. And this is very near Hwy 7. I believe that Shorewood should continue or increase Deer Management Program efforts. Keep up the good work. I live in the Shorewood Oaks area and I still see plenty of deer in my neighborhood. So keep up the Deer Management program, please. Spring garden is almost entirely eaten and it is not yet warm or is it because of the deep snow cover and dinner guest are very hungry. They appear to be well feed and unafraid and do enjoy the landscaping. So what does it all mean, not sure, plant more, chase more, hunt more, ? ? ? ? ? ? ?? We have seen no deer in our Shorewood neighborhood for the past 3 -5 years, about which we are disappointed. Prior to that, we saw small groups ( <4 deer at a time) on occasion. We live on the east side of Shorewood between Manor Park and Minnetonka Blvd. We don't believe hunting the deer within the city of Shorewood is necessary. I don't think I was supposed to answer number 5. I think the program can end. Thank you. Seems like we actually have more deer than previous years. In my neighborhood the deer population is significantly up. The decline if there is one is quite small. I have no opinion as to question 5. We do not see any deer on the islands. I almost hit a deer on my motorcycle the other day. We need to reduce the deer population. I see three or four deer at a time in my back yard at least twice a week. I love wildlife, but the deer in Shorewood still propose a substantial threat. I have a personal dislike for the damage they cause to my landscape and gardens. I don't like it, but I can live with it. The threat they pose to traffic is of huge concern. Deer are by far the animal that causes the most deaths, injury and property damage in the US. Based on the conditions of the foliage in my yard the deer program has not impacted the herd that wanders through here. This was a late spring and the foliage is quite eaten - more so than normal due to other plants not being available. I would prefer to see deer treated like pets vs wild animals due to the over development of our neighborhood. The deer on the east side of the city of numerous. I have a wooded area in back of my property and nothing except buckthorn and garlic mustard grows. The deer eat all the young trees. Despite their bucolic appearance, deer in large numbers are very destructive to the native plants. A control program is necessary for environmental sustainability. Please continue the deer reduction program. Despite the progress there are still too many deer causing too much yard, tree and plantings damage. A pause will allow the population to rebound quickly. What do the participating hunters say about their efforts and success rate? I don't know how successful the program has been. I would think the numbers are down and I would not like to seethe numbers increase. The specific questions—number of sites, weekends, should be answered by people in the know. Still a gang of eight deer wandering our neighborhood. I live on Smithtown Rd. near the country club. The swamp /forest area to the west of the country club seems to harbor a number of deer. It's not unusual to have four deer in our yard eating our plants and shitting all over the yard. We have had them eating hostas and bushes within 4 feet of the back door. Lots of twin fawns. Let us Hunt them. We see numerous deer in our area and walking through our yard. Please keep a watchful eye. Thank you 4 I don't think the deer should have ever been killed!! We live here because we love wildlife.... but you are taking it away from us! Those of us that live near marshland still have an abundance of deer that eat everything from arborvitae and Japanese Yew and can destroy these plants. Might it make sense to do a more scientific count of deer to better blow the effectiveness of the program and when it should be scaled back? I have seen significant browsing from the deer this year in many of the public and private gardens that I tend to. They are even eating plats that they typically have avoided in the past. Why would they city considering scaling back this effective management program or eliminate it ?? Would like to offer to discuss this on the phone. I have way to many deer in my yard and they have been damaging trees etc. We have not noticed any difference in the deer population in our yard... perhaps because someone on Wild Rose Ln seems to be feeding deer (and turkeys). We feel the deer are not only a hazard to gardens and landscapes, but also cars. I have lived on Mtka Dr. for 8 years, and I can count my number of deer sightings in my neighborhood on one hand, and never within a block of my home. I understand that they may be a bigger issue in other parts of Shorewood, so I won't say the program should be discontinued, just scaled back to save money. And educate people to not feed them. Pls also add geese to cull list. The policy is working well. Nice job. Maybe 2 years ON, then I year OFF. I have faith in your judgment. As you should have in ours. We see deer at dusk several times a week along Smithtown Road and on Church Street. One was hit by a car and the driver left it still alive but badly injured in the middle of Church Street. The city should continue the deer reduction policy. At this point I feel we don't need to continue using taxpayers money to thin the deer for several years. We consistently see a large number of deer going through our yard heading both toward and from the Minnetonka golf course. They are eating our plants and shrubs in passing. I am seeing more deer than ever this spring. What do we do until the hunting season ? ?? We have had the deer eating the flowers off the geraniums of the Exc. Men's Garden club flowers this morning, later in day watched the deer grazing on our neighbors garden. We have seen 2 of them around here 6 or 7 times already this spring- they are living in town homes on Tierney Woods Rd and Lake Como The Deer Management Program is successful so I see no need to modify it in any way. I've noticed a significant increase, not decrease number of deer in my back yard this year. While we really don't have any problems with deer in our yard, except a few chewed plants. We have seen more deer in the past year than ever before in 15 yrs. at this address. We do believe deer numbers should be managed. I think if you achieved your population reduction goals, then we're done until the population spikes again. I definitely would like to see fencing laws relaxed, so if residents wanted to put higher than a 6 foot fence up to protect their landscaping from deer, we could. I won't blow how bad the deer are until later in the summer when they get into the gardens and eat everything. The rabbits do a lot of damage too. Although our resident coyote had been keeping the rabbit population down. The deer hunts seem more humane than the speeders hitting the deer that are crossing the roads, but we have not seen quite as many as we used to. It does appear that there is a household that feeds the deer behind their house on Smithtown Circle, as we see adults and fawns grazing in one general area quite frequently. Fewer weekends and only in highest concentration spots (one or two ?) A decline over the winter months because (a)two private deer feeders have been removed due to the ordinance, and a neighbor has put 6 foot fence around his arborvitae which had been a magnet for the deer. Now some greenery has popped up and I have a herd of 6 -8 yearlings who are here every night causing serious damage to trees and plants. Having a large number of deer in a residential area is not healthy for the deer or shorewood residents who may also may become involved in auto accidents. We still see many deer during all times of the year. We see deer daily in our yard. Also, is it common to see multiple births? Thank you! Finally in control of the situation, which is safer for everyone. Thank you. We purchased our house out in Shorewood to be able to watch wildlife, if we didn't want to see deer etc we would have stayed in South Minneapolis around those lakes. I am a bad person to ask because I like the deer. 6 I don't have enough information to answer questions 4 and 5. Although I did not know there was a Deer Management program prior to this survey I have noticed a reduction in the number of deer and wondered why. Whether the programs has reduced the numbers sufficiently to cut back, I cannot say. The deer seem to be about the same as in recent years. At this time I don't object to the number... my grandsons love them and I don't mind them. Continue the Shorewood program. In the Fall of 2013 I had a full grown buck run out in front of my car on Highway 7 near Eureka Rd. If there had been a split - second difference in timing there would have been a multiple car accident with cars heading in both directions on Highway 7. Let's keep the deer population in Shorewood as low as possible. Don't know when the weekends hunted are or where the sites are located. It would be more helpful in answering this survey. In our area off Grant Lorenz /Smithtown, we have not seen a reduction in the population. To do nothing is not a good idea because I feel the balance will quickly return to too many deer. However, I'd like to see what the impact is next year by being more targeted in the program this year. I think we are really close now to the right balance and we will be able to see if it stays that way. If 2014 -2015 Hunt over 5 weekends still yields similar harvest numbers as the previous year then herd still probably needs thinning. However if the hunt yielded smaller harvest numbers then it would make sense to dial back on either number of sites or number of weekends or both in some combination. Thanks for chance to comments. Many deer in southeast Shorewood to the East of Silver Lake. The program should be continued. Without control the deer population will grow until they starve. The details (questions 4 and 5) should be decided as necessary to keep a limited and sustainable population in the city. We are located at 22695 Murray St. We have not noticed any decline in the animals (up to 10) that cross though our property. We sighted three deer in our yard on Garden Road just last night again, 5/9/14. Please continue the program and focus on our area if possible. Thank you We have 10 to 20 deer going through our yard several times a day. It is hard to even chase them off as you have to get within a couple of feet of them before they will leave. They eat hanging plants on the deck and stand within a foot of our house eating the plants. 6180 Cardinal Drive S. Help. Our observations indicate no reduction in deer population. The damage to our shrubs and flowers is still severe. 7 Two yrs ago a herd of deer and my car had a head on. Herds would cross through our back yard. Now we see one deer only about once a month go by. A deer with a broken leg has been tripping around Strawberry lane for several years. She is getting very thin and needs to rest when she is following the "herd ". Please take her out of her misery. Other neighbors have commented "it is too sad to watch her" the way she is with her condition. Many sleep in our yard waiting for the garden to grow! While I have noticed a decline, it almost seems like it has been too much of a decline. Not so many should be removed. I see them in my yard day & night eating the plants in my garden & yard. The number of excessive deer in our area (eastern Shorewood) has not gone down significantly, if there is not a hunting location in this area please establish one. Live on Radisson Entrance, I always have between 5 and 6 deer in my yard every week eating everything in sight. Love to look at them but hate that they destroy my plants. Two of the ones that come have been injured and I really feel bad seeing them. We are still seeing a lot of deer traffic going through the west property line to the Minnetonka Country Club -golf course. Many were doe, now they are followed by fawn. They are traveling in groups of three coming in from the north heading south. The hunts are important to us. How many are necessary.) We back up to the marsh on Brentwood and I see up to 5 deer every day in the neighborhood, have had to swerve on Smithtown at least 4 days a week. There is going to be an accident if the deer population is not continently monitored. Please keep this program and ADD weeks. We have spotted 3 more babies just this week. Please Hunt in the Brynmawr /Howard point neighborhood. Too many deer destroying trees and plants. We have at times 9 deer in our yard. There is also one large loner deer that is particularly destructive. We need further reduction in the deer population. Thanks. The program should be continued, however, you need to focus more within the city ... around MNTKA Country club area and surrounding residential area. Everyday we see 2 to 7 deer at a time. Please continue the program. Don't blow how many sites are hunted, might make sense to reduce? Love the deer, but they have caused landscaping damage by eating young tree bark and other plants, which are expensive to replace. We live in a wooded area at the SE corner of the City and enjoy the daily trek of deer from Purgatory Creek to Silver Lake. We used to see 10 -15 deer daily make that trek, now 2 -4. In a way, sad but understand the overall good. I think it would be good to continue the program as the Deer are still cropping the Hosta and other flowers in our yard. There has certainly been a reduction in the deer population. However it still could be lower. There is still a lot of plant and tree damage due to deer over browsing in my yard, for example. The coyote took the fox, and geese and small family pets. If food is plentiful, the wolves will be next. I understand they have been sited in Minnetrista. I don't think that the decreased deer population is a positive thing. We used to have deer go through our yard every dusk and dawn, and it is rarer now, and I miss that, I want to have wildlife in my yard. There are several deer that cross our yard and Smithtown Road each day. I am concerned about public safety. I am already seeing the effects of the dear population in my garden. From my observations, I have not seen a significant reduction in the deer population in the area between Wedgewood Dr. and Eureka Rd. I have 3 -4 trail cameras out and consistently see the same 18 -20 deer. More of a concern is the exploding Turkey population. Can the MBRB help control Turkeys? There were 35 in the area last year, with a poor hatch. Have noticed more deer in our area in the last few weeks. We live near the city hall off of 19 and are worried some one will hit one and be hurt. They go across 19 to get to the lake. Also they will be having fawns in the next few weeks which will increase the population. There were four deer grazing in our yard just yesterday. In the area of Edgewood Road, we have seen an increase in deer compared to years past I am totally against ANY deer harvesting program in Shorewood. I purchased my home here because of the wildlife. I am a gardner and have never had a bad experience with a deer. Remember, the year you stopped the program, the deer multiplied. How much does the program cost? 9 24 �La/L �? JAI r✓��i� � 1��A22 �4 /C/ i'� r ✓'ems G%� � � �C�� - ;- 9 /e From: WayneMHartmann @eaton.com Sent: Tuesday, April 29, 2014 4:31 PM To: Planning Subject: Informal Deer Survey After two successful deer removal seasons, the City Council is considering scaling back the Deer Management Program for 2014. The annual aerial survey, done in February, shows the lowest number of deer in Shorewood since the program began seven years ago. Before making a decision, the Council would like to hear from residents as to their observations of the deer population in their neighborhoods. A link to an online version of this survey is available on the home page of the city web site, www. ci.shorewood.mn.us. Answers may also be emailed to planning @ci.shorewood.mn.us; or, complete the survey below and return this section to city hall, 5755 Country Club Road, by May 31. Please answer the following questions based on your own observations: Have you noticed a decline in the number of deer in your neighborhood this spring compared to other years? No — It seems to me the populations has remained about the same. Do you think the Deer Management Program has been successful in containing /reducing the number of deer in Shorewood? Yes — I am sure that without it, the population of deer would be even higher. Do you think we should continue the deer management program for 2014? Yes — Absolutely! If yes, should the number of weekends hunted be reduced from the current five weekends? No — Keep it the same. Should the number of sites being hunted be reduced? No — In fact, perhaps it should be expanded. Comments: I enjoy seeing all wildlife, including deer, in and around my yard. But the population of deer is still at destructive levels. The number of deer out there force them to fan out to find food. They are doing a tremendous amount of damage to my trees and plants in my yard. I wonder how effective the helicopter survey was... perhaps there is much variability in a survey such as this (And I wonder what the cost was! An active citizen survey such as this would be more cost - effective and likely is more reliable.) As recently as March I saw 8 deer in and around my yard at the same time. Knowing that there are many more likely in the same area, this is a large population. A couple of other comments and questions: • The newsletter notes that an online survey is available on the Home page of the Shorewood Web site.... But I could not find it. If you want reliable feedback, you cannot rely on paper, and you have to make it easier to find and complete online. If it is truly on the Home page, then it is well- hidden, and that will not promote responses. • You should consider notes to Shorewood citizens encouraging them not to feed the deer. I see many feeders in Shorewood, and this habit is discouraged by the MN DNR because of its ability to spread diseases (such as Chronic Wasting Disease, and Bovine Tuberculosis). It is better for the deer population to keep them dependent on natural food sources. Feeding the deer only encourages them to leave the wooded and wetland areas and venture into yards and lawns, where landscape plants become their food. Also note that deer feeding is banned in some counties of MN because of this issue. • Perhaps a 'one size fits all' approach does not work for Shorewood. I live in the extreme Western part of Shorewood, and the population of deer could be significantly different on the Eastern edge. Again, a comprehensive study conducted with citizen feedback and ensuring an adequate sampling from various areas in Shorewood would help answer that question. • 1 found two dead bucks on the wetland adjacent to my property late this winter. While it was an unusually bitter winter, we must also consider that there may be too many deer for the food available in the area. • As the deer increase, accidents with cars will increase. • As noted above, I saw 8 deer in my yard and neighbors yards at the same time in early March. I walk my dog twice a day and we never go out without seeing several deer (we walk along Smithtown Road). Typically I will see at least 3 on a given walk • Are the hunting locations posted somewhere? The last question was in regards to reducing the number of sites... but I don't recall seeing the sites listed before. I also don't recall ever seeing anyone hunt in my area, and I think that would be a good thing to consider. • Do you publish the number of deer harvested? I don't recall seeing that either. The introduction above says this has been going on for 7 years, but notes "After two successful deer removal seasons...." - were the other ones unsuccessful ? I live on Maple Ridge Lane in Shorewood. My wife and I love the neighborhood and are quite fond of the wildlife that we get to enjoy. But the deer are destroying much of our plantings and we would prefer to get a glimpse of them across the wetland now and then, rather than watching them stand in the cul -de -sac, eating our hostas. Please feel free to contact me if you have follow -up questions. And either way, I would appreciate a response to this message just so I know that it did in fact get delivered. Thanks, -Wayne Hartmann From: RLeaf27 @aol.com Sent: Thursday, May 01, 2014 6:42 PM To: Planning Subject: Deer survey The link to the online survey is not working. I live at 19790 Near Mountain Blvd. We have not noticed any decline in the number of deer in our neighborhood this spring. We have had as many as eight deer together at one time around our property in the past month, and deer are regularly crossing Near Mountain Blvd. The deer management program appears to be containing the deer population, but not reducing it. The deer management program should be continued in 2014, and the number of weekends hunted and number of sites should not be reduced. Our property borders the wetland adjacent to Silver Lake, and we would be willing to have this be a hunting site. Our neighbors have expressed frustration with the damage to shrubs caused by the deer, and those that I have spoken with would not object to hunting in this area. Ron Leaf From: Lauralee Chellen [Ichellen @mchsi.com] Sent: Friday, May 02, 2014 10:25 AM To: Planning Subject: Deer Survey Hello, First, thank you for conducting this poll before scaling back this program! Please confirm your receipt of this email. The online survey link was not working, so I'm emailing you my feedback: 1. Noticed a decline in my neighborhood? No difference to last year. 2. Has It been successful in reducing? Slightly over the last seven years — Was 9 deer, is now to 7 deer ... with babies on the way! 3. Continue the program in 2014? YES 4. Reduce number of weeks hunted? NO 5. Reduce # number of Sites? CHANGE SITES as warranted. Residents can help you here. In the next newsletter publishing, perhaps ask residents whom report overpopulation to provide their location and /or address, so you can identify where harvesting is still needed. I'm located on Smithtown at Cathcart Rd. Two out of three nights (year round) a herd of 5 -7 deer walk southward along our west property line (from the marsh in our back lot) and cross Smithtown rd. Our back yard is the deer hangout — deer harvesters are welcome! Hope this helps, Lauralee (612) 247 -7189 1 CITY OF SHOREWOOD 5755 Country Club Road • Shorewood, Minnesota 55331 • 952- 474 -3236 Fax: 952- 474 -0128 • www.ci.shorewood.mmus • cityhall @ci.shorewood.mn.us Re: Trail Schedule Update — Galpin Lake Road and Smithtown Road (East) Prepared by Paul Hornby and Brad Nielsen Galpin Lake Road Walkway Schedule 0 Planning Commission recommendation to Council re trail segment for following year 0 Council authorizes preparation of survey and Feasibility Report 0 Survey (30 days) — May 0 Feasibility Report (30 days) — June 0 Planning Commission review of feasibility report and trail walk — July 0 Planning Commission recommendation to Council re Feasibility Report 0 Council approves Feasibility Report 0 Planning Commission holds Neighborhood Meeting (Open House) 0 Council award of land acquisition services and authorizes preparation of Plans and Specifications ❑ Preparation of Plans and Specifications (90 days) ■ 95% Complete submittal to MnDOT 6/06/14 ■ MnDOT Review Complete 7/07/14 ■ CC Authorization to Advertise for bids 7/14/14 ■ Open Bids 8/07/14 ■ CC consideration of Award 8/11/14 ❑ Land Acquisition Process (start approx. mid -way through plans and specs) • Land Acquisition process not required due to design modifications • Individual temporary easements or rights of entry may be required • Reduces project schedule ❑ Neighborhood preconstruction meeting 8/18/14 ❑ City possession of easements /letter of compliance N/A ❑ Groundbreaking Ceremony 8/25/14 ❑ Begin Construction 8/25/14 ❑ Construction substantially complete — Phase 1 Construction 10/31/14 ❑ Construction substantially complete — Phase 2 Construction 7/31/15 ❑ Ribbon Cutting Ceremony 8/10/15 ❑ Restoration complete 7/31/15 Trail Schedule Update — Galpin Lake Road and Smithtown Road (East) Page 2 Smithtown Road East (LRT Trail to Country Club Road) Walkway Schedule ❑ Planning Commission recommendation to Council re trail segment for following year 6/03/14 ❑ Council authorizes preparation of survey and Feasibility Report 6/23/14 ❑ Survey (30 days) — 6/30/14 — 7/25/14 ❑ Feasibility Report (30 days) — 7/01/14 — 8/22/14 ❑ Planning Commission review of feasibility report and trail walk — 9/02/14 ❑ Planning Commission recommendation to Council re Feasibility Report 9/02/14 ❑ Council approves Feasibility Report 9/08/14 ❑ Planning Commission holds Neighborhood Meeting (Open House) 9/30/14 ❑ Council award of land acquisition services and authorizes preparation of Plans 10/13/14 and Specifications ❑ Preparation of Plans and Specifications (90 -120 days) 10/13/14— 2/13/15 ❑ Land Acquisition Process (start approx. mid -way through plans and specs) 9/03/14 — 7/06/15 o Complete parcel descriptions and legal descriptions o Review proposed easements with staff/attorney o Letters to property owners regarding survey staking o Field stake proposed easements for Appraiser /RW Agent o Easement viewing — parcel owner and RW Agent on -site o Appraisal information o Appraisal review o Council considers resolution to authorize staff to make offers and eminent domain schedule o Prepare and deliver offers to parcel owners ❑ Neighborhood informational meeting (Open House) ❑ Begin eminent domain action ❑ Council approves Plans and Specifications and authorizes ad for Bids ❑ Receive bids for construction ❑ City possession of easements /letter of compliance ❑ Council awards Construction Contract ❑ Neighborhood preconstruction meeting ❑ Groundbreaking Ceremony ❑ Begin Construction ❑ Construction substantially complete ❑ Ribbon Cutting Ceremony ❑ Restoration complete 5/19/15 2/09/15 5/25/15 6/08/15 6/22/15 6/22/15 6/30/15 6/30/15 7/06/15 10/15/15 10/31/15 11/15/15 #12A1 MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Recap of the Spring Cleanup Event Meeting Date: 6 -9 -2014 Prepared by: Pat Fasching Reviewed by: Jean Panchyshyn Attachments: None CC: Larry Brown, Julie Moore Background: On May 17th, 2014, the City of Shorewood conducted the annual Spring Cleanup Event. Once again this year, we had the Salvation Army collecting usable clothing, furniture and household items and our third annual shredding event was held in the City Hall parking lot. The event went very smooth and the crews worked well together. The following are tallies that have been received from our vendors: • Shred -N -Go, Inc.: 8466 pounds of paper. • Allied Waste: 6- Loads of miscellaneous refuse or, 18.04 tons! • Certified Appliance: 154 Appliances, 8 Water Softeners, 66 Power Equipment Items, 1364 Ibs of Batteries, 16,440 Ibs of Electronics, 637 Fluorescent bulbs • Re -Cycle of Mpls: Bicycles — 72 bicycles were rescued for a total weight of 1800 pounds, for a 7500 pound reduction in CO2 emissions for the state of MN. Financial or Budget Considerations: Shred -N -Go, Inc.: Allied Waste: Certified Appliance Recycling: Re -Cycle of Mpls: FREE with our monthly service at City Hall Labor /Deliver /Hauling /Disposal - $4,177.97 Electronics $.311b = $5,096.40, Water Softeners - $160.00, Power Equipment - $660.00, Fluorescent bulbs - $429.00 Total Certified Appliance - $6,740.40 No Charge to the City for Bicycle Collection and Recycling Connection to Vision / Mission: This service provides our residents means to properly dispose of waste products to protect our environment. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1