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05-09-16 CC Reg Mtg Agenda CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 9, 2016 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Labadie___ Siakel___ Sundberg___ Woodruff___ B. Review Agenda Attachments 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of April 25, 2016 Minutes 3. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. Approval of the Verified Claims List Claims List B. Accept Proposal by Safe Assure for Safety Training Director of Public Works’ memo C. Adopt the Codification of the Ordinances Approved in 2015 Clerk’s memo, Ord., Resolution D. Approval of Liquor License Renewals Clerk’s memo Resolution(s) E. Setting the Date for the Annual Appreciation Event Clerk’s memo F. Resolution Approving Sale of Tax Forfeited Property, Resolution ID# 31-117-23-11-0004 (Howard’s Point Rd) G. Accept Donation from Minneapolis Auto Club for Safety Camp Finance Director’s Memo H. Approval of License Agreement with Hennepin County for Election Clerk’s memo, E-pollbooks Agreement 4. MATTERS FROM THE FLOOR (No Council Action will be taken) 5. PUBLIC HEARING CITY COUNCIL REGULAR MEETING AGENDA – May 9, 2016 Page 2 6. REPORTS AND PRESENTATIONS A. Update by Jack Kimball and Judd Brackett on Phelps Bay and Milfoil update Gideons Bay Milfoil Treatment 7. PARKS A. Report by Commissioner Paul Stelmachers on the April 26 Draft Minutes Park Commission meeting 8. PLANNING – Report on the May 3, 2016 Planning Commission Mtg. A. Minor Subdvision Planning Director’s Applicant: Tom and Kelly Wartman memo, Resolution Location: 26985 Edgewood Road 9. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the 2016 Crack Fill and Seal Coat Engineer’s memo, Project, City Project 16-01 Resolution 10. GENERAL/NEW BUSINESS A. City Administrator Position Announcement and Search Schedule Administrator’s memo B. Approval of Compensation Study Proposal Administrator’s memo 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trails Schedule Trail Schedule B. Mayor and City Council 12. ADJOURN CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, May 9, 2016 7:00 p.m. Agenda Item #2A: Approval of Minutes from the April 25 City Council Regular Meeting. Agenda Item #3A: Approval of the verified claims list. Agenda Item #3B: This motion accepts the proposal by Safe Assure Consultants for safety consultation services. Agenda Item #3C: This item is approval of the 11th supplement (S-11) to the City Code Book, which includes all Ordinances passed in 2015 and early 2016 (No’s. 519-525). American Legal Publishing has provided the replacement pages to the City Code Book for this supplement. Council action includes Adoption of an Ordinance to enact and adopt the Supplement to the Shorewood City Code Book, and Adoption of a Resolution approving a summary publication of said Ordinance. Agenda Item #3D: Approval of resolutions approving the liquor license renewals for Cub Foods (3.2 off sale); Team Liquor Wine & Spirits, MGM and Shorewood Liquors (off- sale) and the American Legion (on-sale). Agenda Item #3E: This motion sets the date of Friday, July 29, for the annual appreciation event. Agenda Item #3F: At its last meeting the City Council approved a resolution authorizing staff to purchase a small parcel of tax-forfeited land on Howard’s Point Road with the intent to sell the parcel to nearby residents having easements over the parcel. Adoption of a second resolution to sell the parcel was postponed pending a Planning Commission recommendation regarding the sale of city-owned property. At its 3 May meeting, the Commission voted unanimously to recommend the sale. Agenda Item #3G: This motion accepts a donation of $500 from the Minneapolis Auto Club for this year’s Safety Camp, scheduled for August 10. Executive Summary – City Council Meeting of May 9, 2016 Page 2 This motion approves the e-pollbook license agreement with Hennepin Agenda Item #3H: County. The e-pollbook will be used to look up and check in registered voters, and will be used to register new voters on Election Day. This replaces the use of paper rosters and paper election day voter registration materials. The county is covering all equipment and maintenance costs. The city will securely store the equipment. Agenda Item #4: Matters from the floor – no council action will be taken. Agenda Item #5: There are no public hearings scheduled this evening. Agenda Item #6: Jack Kimball and Judd Brackett will provide an update on milfoil treatment on Phelps Bay and Gideons Bay. A request for $1800 for 2016 is being made for Gideons Bay. No funding request is being made for Phelps Bay. In 2015, $1800 was approved for Gideons Bay and $4200 for Phelps Bay. Agenda Item #7A: Report by Commissioner Paul Stelmachers on the April 26 Park Commission meeting. Agenda Item #8A: The Planning Commission has recommended approval of minor subdivision of property located on Edgewood Road, owned by Tom Wartman. A resolution to that effect is included in your packet. Agenda Item #9A: Bids were opened for the 2016 Crack Fill and Seal Coat Project, and a resolution accepting the bids and awarding the contract is provided for Council’s approval. Agenda Item #10A: A motion approving the city administrator position advertisement, search schedule, and the performance of an enhanced background review and management style analysis on finalist candidates prior to final interviews is recommended and attached for Council’s consideration. Agenda Item #10B: Approval of a compensation study proposal from George Gmach Compensation Consulting, LLC, is recommended for Council’s consideration. Agenda Item #11A: Staff reports are provided in the packet and will be given at the meeting. #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, APRIL 25, 2016 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: None. B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, April 7, 2016 Woodruff moved, Siakel seconded, Approving the City Council Executive Session Minutes of April 7, 2016, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, April 11, 2016 Labadie moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of April 11, 2016, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 16-025, “A Resolution Approving the Regular Full Time Appointment of Brenda Pricco as Administrative Assistance.” Councilmember Woodruff stated the Verified Claims List includes a payment in the amount of $2,118.25 to WSB & Associates for activities associated with the Galpin Lake Road trail project. He clarified he has no issue with the payment. He stated because that project is on hold he questioned how much money the City should spend on it. Maybe that is a topic Council wants to talk about at a future date. Mayor Zerby stated he thought Council should revisit that project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 2 of 12 Engineer Hornby explained Council had directed staff to update the plan to make it shelf ready during the retreat in February. It is being updated to meet the new Minnesota Department of Transportation (MnDOT) specifications for 2016. It then has to be reviewed by MnDOT again. Staff is also completing some of the Wetland Conservation Act (WCA) impact and permitting the City had to do for the Minnehaha Creek Watershed District (MCWD). Staff is trying to find ways to reduce the cost of the project. Staff is also researching some other funding opportunities. A federal grant is being solicited through the Metropolitan (MET) Council. There is a grant for pedestrian ways. That grant would award up to $1 million. Staff is looking hard at that grant opportunity because the sidewalk would have three communities involved, there is a trunk highway involved, and there is a narrow roadway with a lot of terrain that complicates the project. Those things would make the sidewalk very competitive for that type of grant. The cost to prepare a federal grant application is $7,500 – $10,000. An environmental document has to be prepared. Some things have to be added to the plan to make it federal aid ready. That requires adding a number of tabulations and charts to the plan. If the City were to be awarded a grant the cost of the project would go up because of required federal paper work. Councilmember Siakel stated that seeking out a grant is consistent with Council’s direction. She then stated she would be willing to talk about spending additional money if needed. In response to a suggestion by Major Zerby, Engineer Hornby stated he could draft a memorandum about the grant to a future agenda item. Councilmember Woodruff stated if there is a need to spend substantial money on the suspended project then Council should authorize that. He noted he had not remembered that Council asked staff to make the plan shelf ready. Engineer Hornby noted there are additional invoices related to this project that will be submitted. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS A. Update on Crumb Rubber Legislative Action Administrator Joynes stated there was an article in a recent edition of the Star Tribune regarding bills in the Minnesota Senate and House that would place a moratorium on building new artificial turf play fields that have crumb rubber infill. He explained those bills do not affect the City’s ability to move forward with its construction of an artificial turf playfield in Badger Park. Staff anticipates the legislation would be resolved by the time the surface of the field would he put down. He noted that Council has been provided documentation about crumb rubber. There are varying opinions as to whether or not it can cause health issues. The science Council and staff have looked at does not support that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 3 of 12 In response to a comment from Councilmember Sundberg, Administrator Joynes stated it is staff’s opinion that the Senate and House bills will not go forward. Administrator Joynes stated if there is any doubt in Council’s mind about what surface to use there are alternatives to crumb rubber for the artificial turf playfield project in Badger Park. Staff does not think the bills should stop the project. The placement of the turf would be one of the last things done. There would be better information by then about the legislation. Councilmember Sundberg explained the US Environmental Protection Agency (EPA) has initiated a comprehensive study about crumb rubber. Its intent is to fast track that study and have the results by the end of 2016. A meeting packet for the Park Commission included information on research done by the State of Connecticut on crumb rubber. The EPA does not think that study was comprehensive enough. She asked staff to provide the Commission with copies of the two bills. She noted that personally she is not comfortable with crumb field infill until the results of the EPA study are known. Administrator Joynes asked Councilmember Sundberg to clarify if she was saying she did not want the project started. Or, can the prep work such as grading be started. Sundberg asked if the prep work can be done before deciding on the turf. Joynes responded yes. He then stated that if it gets to be time to put the turf down before the results of the EPA study are known there are alternatives to crumb rubber. He does not want to stop the project. Councilmember Sundberg clarified she is not interested in stopping the project. But, she does not want to find out a few years from now that crumb rubber is more harmful to children than what is thought today. Councilmember Labadie asked what the timeline is from the start of the project to the when crumb rubber would be put down. Director Nielsen stated the vendor had indicated that that it would take 60 – 75 days to build the field. In response to a comment from Councilmember Sundberg, Director Nielsen stated the Park Commission had already made its recommendation about the type of artificial turf playfield and Council approved its recommendation. Director Nielsen noted that the infill alternatives to crumb rubber are about $69,000 – $89,000 more expensive. Councilmember Sundberg asked if there is a process where Council can reconsider what it has already approved because of new information. Mayor Zerby noted that he is not sure there is any new information. Sundberg stated she only recently learned by doing her own research that the EPA was going to fast track a study on the health impacts of crumb rubber. She would be more comfortable waiting for the results of the EPA study before moving forward with crumb rubber. She would not like the City to make an investment in a cheaper infill alternative and then find out there are health impacts from it. Councilmember Siakel stated no one wants to do anything that would be toxic to children. The Minnetonka Lacrosse Association (MLA) and the Park Commission have researched crumb rubber extensively. If the Minnesota Legislature does put a moratorium on construction of fields with crumb rubber infill by the time its session ends in May the City will adhere to that law. From her perspective if the City had to absorb the cost for a more expensive infill alternative the City could do that. She noted she supports moving forward with the construction of the playfield at this time. She asked Councilmember Sundberg to share with the rest of Council and staff what she has been reading about crumb rubber. She stated she senses all the concern about crumb rubber is more emotional than factual. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 4 of 12 Councilmember Sundberg clarified she personally does not care what the Minnesota Legislature chooses to do or not do about playfields with crumb rubber in them. She stated Council has the responsibility to make its decision based on scientific evidence it has been provided and from her perspective the science has not been proven yet. Councilmember Woodruff expressed disappointment about Council being asked to revisit its decision to approve the construction of the playfield as proposed. He noted that he raised the issue about crumb rubber in 2015. He stated there have been numerous discussions about it; some by the Park Commission and some by Council. And, the Lacrosse Association has provided with City with a lot of information. He then stated he thought the Minnesota Legislature is reacting to the story aired by NBC and put out by a couple of other media outlets. The Legislature is reacting to non-scientific reports. The reports indicated that crumb rubber was harmful to soccer players; particularly goalies. The material provided to Council before it approved the project indicated there was little scientific evidence supporting crumb rubber is harmful. He noted that if there was some scientific evidence that it was harmful he would support using an alternative infill. Woodruff stated the EPA committed to doing the study earlier in 2016. Based on what he knows it will take until the end of 2017 for the EPA to complete its study and offer an opinion. He stated he agreed with Councilmember Siakel’s comment that if it is scientifically proven that crumb rubber negatively impacts health the crumb rubber can be replaced with an alternative infill. Councilmember Sundberg asked Councilmember Woodruff if he was saying the City should continue with the project as proposed and if a year from now the EPA has scientifically proven that crumb rubber is harmful then the crumb rubber can be replaced. Councilmember Woodruff stated the City would be doing that at the same time it is being done to thousands of other fields. Councilmember Labadie stated Council made an educated decision based on the information it had been provided. Members of Council are not scientists or researchers. If it is proven that crumb rubber is harmful then it would have to be replaced. Councilmember Sundberg stated it is the EPA’s responsibility to determine if crumb rubber is harmful. It has stated the studies that have been done do not comprehensively evaluate the concerns about health risks from exposure to tire crumb. Councilmember Siakel stated there is no data linking crumb rubber to health issues. There is only speculation. Councilmember Woodruff stated that the EPA in the past has indicated there is no reason to believe there is an issue. That is why it had never done a comprehensive study. From his perspective the EPA is reacting to paranoia generated by the national media without good reason; the EPA has politically decided it has to do something. Director Nielsen explained that a grass-like fiber mat is put down first and then crumb rubber is dumped over that. The crumb rubber supports the grass and cushions players when they fall. It is his understanding the crumb rubber could be vacuumed up and replaced with an alternative infill. The bid for the project includes a vacuum. Mayor Zerby stated if it was proved that crumb rubber was harmful than the cost of the alternative may come down because there would be an increased demand for the product. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 5 of 12 Lance Nelson, President of the MLA, stated members of the MLA all have children who play lacrosse or soccer or baseball. They would not be pursuing the proposed artificial turf playfield if there was any scientific proof field supporting that there would be dangerous effects from playing on a field with crumb rubber infill. He and two other representatives for the MLA have learned more about crumb rubber in the last three months than they ever intended to learn. The existing science does not support crumb rubber creates health issues. From his perspective the EPA is reacting to sensational stories. He noted the LMA is comfortable moving forward with what has been approved. Councilmember Sundberg stated that although the research to date does not support crumb rubber causes health issues that research has not been comprehensive enough. She noted she has concerns about crumb rubber and hopes that her concerns will prove unwarranted. Councilmember Woodruff stated when he attended the Association of Metro Cities meeting he spoke with the two lobbyists Metro Cities has to work on its members behalf. Both of them indicated they thought the proposed legislation would not go anywhere in the Minnesota Legislature. 8. PLANNING A. Report by Patrick Johnson on the April 19, 2016, Planning Commission meeting. Planning Commissioner Johnson reported on matters considered and actions taken at the April 19, 2016, Planning Commission meeting (as detailed in the minutes of that meeting). 9. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the 2016 Mill and Overlay Project, City Project 16-03 Engineer Hornby explained the bids for the 2016 Mill and Overlay project were opened on April 14. The City received ten bids. The bid amounts ranged from $217.971.50 to $272,793.10. The Engineer’s Estimate was $266,130.00. The 2016 Capital Improvement Program (CIP) has allocated $200,000 for road maintenance for bituminous mill and overlays. The project also includes narrowing the intersection of Grant Lorenz Road and Edgewood Road to provide traffic calming. That improvement also includes the addition of concrete curb and gutter installed at the radii to keep motorists within the traveled lane. Drainage improvements will be added along the south side of Edgewood Drive between 26375 Edgewood Road and 26305 Edgewood Road and on the east side of the intersection of Minnetonka Boulevard and Garden Road. Those additions increased the cost of the project. Hornby stated the lowest responsive bid was submitted by GMH Asphalt Corporation for an amount of $217,971.50. He noted staff recommends Council adopt the resolution accepting the bids and awarding the contract to GMH Asphalt. Councilmember Woodruff asked if the City has used GMH Asphalt before. Engineer Hornby stated it has done a couple of mill and overlay projects for the City. Councilmember Labadie stated she does not have any concern about the cost being higher because of the improvements to the Grant Lorenz Road and Edgewood Road intersection. That needs to be addressed for the safety of the residents. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 6 of 12 Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 16-026, “A Resolution Accepting Bid and Awarding Contract for the 2016 Mill and Overlay Improvement Project, City Project No. 16-03, to GMH Asphalt Corporation for an Amount Not To Exceed $217,971.50.” Motion passed 5/0. B. Accept Quotes and Award Contract for the 2016 Pavement Marking Project, City Project 16-02 Engineer Hornby explained the City sent out five requests for quotes (RFQ) for pavement marking services to five specialty contractors who had familiarity with the City. Four of them have done work for City in the past. The City received two quotes. In addition to the pavement markings done in previous years, pavement markings will also be done on Eureka Road as a traffic calming measure. There will be double yellow lines down the center and fog lines on each side. The lowest responsive quote was received from Sir Lines-A-Lot for an amount of $19,777.70. That contractor was awarded the 2015 project. The Engineer’s Opinion of Cost was $21,182.00. He noted the meeting packet contains a copy of a resolution accepting the quote and awarding the contract Woodruff moved, Labadie seconded, Adopting RESOLUTION NO. 16-027, “A Resolution Accepting Quote and Awarding Contract for the 2016 Pavement Marking Project, City Project No. 16-02, to Sir Lines-A-Lot for an Amount Not To Exceed $19,777.70.” Motion passed 5/0. 10. GENERAL/NEW BUSINESS A. Letter of Agreement with the City of Excelsior for The Waters Project Administrator Joynes explained that during its Executive Session on April 7, 2016, Council discussed ongoing negotiations with the City of Excelsior over land and tax issues related to The Waters of Excelsior senior housing project. That project would currently straddle the boundary between the two Cities. Council discussed a number of issues during the Session. Prior to that Session staff had been directed to renegotiate a number of item which it did. Excelsior came back with agreement on almost everything Council asked for. He drafted a response letter for Council’s review (a copy of which was included in the meeting packet). Excelsior has agreed to a split of the value of the property based on the Hennepin County Assessor’s determination of how much value each of the two cities puts into it. That will determine future taxes going forward. Shorewood would agree in concept to work with Springsted to create a schedule of events for the creation of the Tax Increment District and Annexation action. Separate agreements also need to be negotiated. They include the distribution of the tax value (it will be a new document) and the distribution of the impact to the Joint Powers Agreements for fire and police going forward. The agreements need to be approved by Council before the annexation occurs. If Council agrees with the letter he will send it to Excelsior. Mayor Zerby stated the word annexation is only found in the third bullet point. Administrator Joynes stated his letter refers to Excelsior’s original document sent to Shorewood. Zerby then stated the letter talks about Shorewood approving conditions for proceeding with The Waters of Excelsior project. In actuality, Shorewood would approve the annexation. The Waters of Excelsior project is up to Excelsior. Joynes noted Shorewood would receive all of the tax benefit it would have received if it retained the property. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 7 of 12 Woodruff moved, Sundberg seconded, directing Administrator Joynes to sign and send the letter to Excelsior City Manager Luger. Motion passed 5/0. B. Approval of Letter of Assurance and Resolution Approving Purchase and Sale of Tax Forfeited Property, ID# 31-117-23-11-0004 (Howard’s Point Road) Attorney Keane explained that in 2008 the then Council adopted a resolution authorizing the conveyance of tax forfeited property ID# 31-117-23-11-0004 on Howard’s Point Road to the owners of the adjoining properties. Something was not followed through on. The property continued through the tax forfeiture process to the State of Minnesota. The parcel is scheduled for auction on April 29, 2016. The City’s request is to Hennepin County to have it purchase the parcel for the appraised value. The subsequent action is to approve the conveyance for that same dollar amount to the holders of easement of the parcel that is gone due to the tax forfeiture. The parcel would basically return to the status quo. Councilmember Woodruff stated the way he understands things is the City will pay $51,746 to Hennepin County to take possession of the parcel. In turn the City will sell it to the easement holders for that same amount. Attorney Keane noted the City has received the cashier’s funds for that. He then stated it is his recollection that in 2008 the City did not want the parcel. Siakel moved, Sundberg seconded, Adopting RESOLUTION No. 16-028, “A Resolution Relating to the Acquisition of Tax Forfeited Parcel Lot 1, Auditor’s Subdivision 367.” Motion passed 5/0. Siakel moved, Adopting RESOLUTION No. 16-029, “A Resolution Relating to the Sale of Tax Forfeited Parcel Lot 1, Auditor’s Subdivision 367 for an amount of $51,746.” Councilmember Woodruff asked Attorney Keane if the Planning Commission has to recommend disposition of real property. Keane stated technically that is a requirement. Keane asked Director Nielsen if this action would be disposition of City property. Nielsen stated the City would only own it for a minute or so. Keane stated the Commission could make that referral. Woodruff stated his reason for bringing this up is he does not want the City to be in a situation where someone questions the transfer of the deed. Attorney Keane suggested amending the motion to refer it to the Planning Commission for action. Without objection from the maker, the motion was amended to include subject to referring the sale of the parcel to the Planning Commission for action. Sundberg seconded. Motion passed 5/0. C. Oppidan Project Tax Increment Financing Request Administrator Joynes explained Council has discussed the possibility of creating a Tax Increment District in support of Oppidan Investment Company’s proposed Shorewood Senior Living project along Highway 7. During its April 7, 2016, Executive Session Council directed staff to meet with representatives from Oppidan to renegotiate some broad elements of Tax Increment Financing (TIF) for the project and to provide Council with a recommendation. The original request for TIF was for about $3 million. At that time Oppidan was going to contribute $200,000 toward the extension municipal water. That amount was based on the understanding that the facility would get its water from the City of Excelsior’s water system. Excelsior decided not to do that. Therefore, the only way the facility could be served with municipal water was if Shorewood extended its CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 8 of 12 watermain to the site. The estimated cost to extend the Shorewood watermain is about $1 million. The $3 million also included the soil corrections work as well as a few other things. He noted the numbers he was going to present were general numbers. Limited work has been done to finalize them. He explained that after staff renegotiated with Oppidan staff is now recommending $2.2 million in TIF. Oppidan has agreed to put in another $200,000 (for a total of $400,000) for the extension of the watermain. Staff believes it would be appropriate for Shorewood to contribute $300,000 for the extension and pay for it out of its Water Fund because the City would take on about 25 Shorewood residential hookups that are currently hooked up to the Excelsior water system. There are about 20 plus other houses on the north side of Highway 7 that are not served by municipal water that could then connect to the Shorewood system. Once the watermain is extended south of Highway 7 it would allow for at a future date to further extend water to about 90 other houses that currently do not have access to municipal water. All of that would be a significant advantage to the City’s system. Staff recommends the remaining $300,000 be paid for with TIF. The TIF for soil corrections continues to be estimated at about $1.6 million. Staff thought it prudent to include about $300,000 in the TIF Plan for landscape enhancement and traffic improvements based on concerns Council expressed during its March 28, 2016, meeting. The City can use TIF to eliminate the ditch that is currently used for stormwater drainage and instead have the stormwater drained from the area through a pipe. That would free up land to enhance the landscaping between the site and the residential properties. The City can also use TIF to underground the power lines along the area. That would improve the look of the project and it would eliminate the height limit for the proposed trees. At a minimum, TIF could be used to close the slip ramp off of Highway 7 to Chaska Road. That is an existing issue. The Minnesota Department of Transportation (MnDOT) dislikes that ramp now. If Council deems it appropriate funding could be included to do something with the intersection of Highway 41 and Highway 7 (e.g.; traffic calming). He reiterated that in general the amount of TIF would be about $2.2 million. Joynes stated staff is asking Council to direct staff to put the TIF Plan together. There is a schedule of events that must occur over the next two to three months to create the Tax Increment District and identify the financing. That would be brought before Council two or three times for Council to make decisions. He noted that staff supports the Oppidan project. It would be a good housing mix for the City to have. It would likely be the only project for that site that people would invest in. It would provide a buffer for the residential houses that would be to the south of it. Councilmember Sundberg stated she thought what is currently being proposed has really been enhanced. She thought using TIF to increase the landscape barrier between the development and the residential properties is a good idea. She also thought the City has to address the traffic issues on Chaska Road near the site. She noted she supports moving forward with preparing the TIF Plan. Councilmember Woodruff stated what has been proposed would allow for doing things he was interested in having done. He then stated that for those households that are serviced by the Excelsior water system the action the City is about to take should not cost those residents any money. Administrator Joynes confirmed that; they would not have to pay a second hookup charge. Councilmember Siakel stated when Council discussed the Oppidan project during it March 28, 2016, meeting she was bothered by a number of things about the project. She explained that she had several CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 9 of 12 follow-up conversations with staff since then. She cautioned against assuming that the 25 houses that area currently served by the Excelsior water system would want to connect to the Shorewood water system. A couple of residents have told her that they do not want to do that because Excelsior softens its municipal water. She stated she does not think all of the benefits presented would be realized. Yet, she thought the benefits of the project outweigh the negatives. Mayor Zerby stated he has spoken to the Excelsior – Lake Minnetonka Chamber of Commerce about the project. The Chamber recently approved a motion in favor of the proposed The Waters of Excelsior senior living project. He asked the Chamber if it would be supportive of the Shorewood Senior Living project as well and the president indicated she thought it would. The Chamber definitely thought the area can handle two senior living facilities close to each other. Zerby asked Director Brown if he thought the Excelsior water system has reached its capacity. Brown explained that he, Administrator Joynes and Engineer Hornby had numerous meetings with representatives for Excelsior and they continue to convey that the reason they cannot allow the Oppidan facility to hookup to the Excelsior water system is because of capacity. The previous studies of Excelsior that he saw indicated that it was coming near capacity based on commercial development that it had planned for. That was approximately five years ago. He does not think Excelsior is at full capacity now, but when it reaches full development it would be an issue. Zerby then asked if the size of Excelsior’s watermain pipe is of sufficient capacity to handle water needs. Brown stated based on the number of customers currently being served the size of the pipe is adequate. But, if the watermain were to be extended under Highway 7 to serve the Oppidan facility then the watermain would need to be oversized. Zerby noted he asked the Chamber to try and encourage Excelsior to extend its watermain to the site, noting he did not think there would be much chance of that extension happening. Director Brown stated extending Shorewood watermain to the south side of Highway 7 would provide future opportunities. Staff thought the extension would be very advantageous to the Shorewood municipal water system. Sundberg moved, Labadie seconded, directing staff to proceed with the preparation of a Tax Increment Financing Plan for Council’s consideration. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby noted that construction for the major work on the Smithtown Road east sidewalk extension began on April 21. He explained a number of people have called the City to talk about traffic issues on Smithtown Road associated with the project. Earlier in the day he spoke with one resident about some things the City could consider. The simplest thing would be to add signs telling people to expect delays. The contractor is trying to limit delays to no more than 10 minutes. It exceeded 10 minutes a few times. He directed the WSB and Associates traffic engineer to time the delays. Councilmember Siakel asked if the problem is people having to wait because of construction vehicles. Engineer Hornby explained there are times when Smithtown Road is reduced to a one-lane roadway around the construction zone. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 10 of 12 Mayor Zerby stated the City received a letter earlier in the day from a person who was trying to get to the school to pick up their child. The delay caused them to miss the pick-up by time. Engineer Hornby stated the contract is written very similar to the one for the Smithtown Road west sidewalk project. That project was about two miles long. The east sidewalk extension is about one mile long; there is likely more traffic along the east segment. Councilmember Siakel commented the narrower driving surface should slow the traffic down. Engineer Hornby explained the contractor for the west sidewalk had an automatic system; there was a push button to let a construction worker know the roadway could be opened for traffic. The current contractor has two flag handlers, one on each end, that control traffic. At times they have to yell to communicate with each other and some drivers think they are yelling at them. The contractor brought in a different backhoe operator who the contractor thought could be more efficient. Part of the issue on one end of the project is low hanging power lines. From the operator’s standpoint they have to work the backhoe at a much flatter angle. The contractor will not load trucks at the same time vehicles pass by on another lane. The longest time traffic was delayed was 16 minutes during the school rush times. He asked field staff to monitor things to help mitigate backups at the Country Club Road and Country Road 19 intersection. They are out there full time. Councilmember Siakel asked if there is any communication the school representatives can do. Engineer Hornby stated someone from the school contacted him but he has not had time to find out what they had to say. Councilmember Labadie stated the principal for the Minnewashta Elementary School puts out an electronic newsletter each Friday. Perhaps the principal could include something about the project and traffic in her newsletter. She then stated that although the expect delays signs would be helpful parents get nervous if they think they are going to be late to pick up or drop off their children. Director Brown stated staff spoke with the School’s transportation group last week. Councilmember Labadie clarified that group is for First Student. Brown stated staff will contact the principal. Councilmember Labadie asked if the City has received any complaints from First Student regarding buses. Engineer Hornby responded not for the transportation group and stated he thought a call came in from the School. Councilmember Woodruff asked if the contractor has been told there is a maximum delay the City would tolerate. Engineer Hornby reiterated the contractor has been asked to limit delays to no more than 10 minutes. Woodruff stated that major construction has just started so drivers may have complained the first time they encountered the delay. Once they know there are delays they can plan for them. Engineer Hornby noted there was a similar issue in 2014 when the west sidewalk was constructed. Mayor Zerby suggested minimizing delays during school pick up and drop off peak times. He expressed concern that the traffic would increase on other routes to avoid the delays. Engineer Hornby stated he sent a note to the WSB construction manager and contractor asking them if there is anything that can be done during school rush hour times. 2. March 2016 Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the March 2016 Monthly Budget Report. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 11 of 12 Other Engineer Hornby stated the City applied for a Partners in Energy grant from Xcel Energy to help fund setting goals for renewable energy. The City has been notified that it has not been selected for this round of grants. The rationale for applying was to determine if things should be added to the alternative energy study the City had done. There would have been a lot of overlap between the partners in Energy Program and the study. Councilmember Sundberg stated that she is not surprised the City was not selected and it does not bother her that it was not. She thought that the City has already gotten the information it needs from the study. Mayor Zerby stated he had spoken with Engineer Hornby about trying to synchronize roadway maintenance on the Islands in Shorewood with roadway maintenance the City of Minnetrista is considering. It would be a way to only inconvenience Shorewood residents living in that area with roadway projects once. Hornby stated he had spoken with Minnetrista staff about that and he let the Mayor of Minnetrista know of Shorewood’s interest. He noted that Enchanted Lane and Shady Lane are not included in the Street Reconstruction capital improvement program (CIP) for 2016 – 2020. He stated Minnetrista’s project is currently in the feasibility report stage and there has been no commitment to move forward with the project. He noted Minnetrista assesses for road reconstruction projects. Councilmember Woodruff stated he thought it would be a great opportunity and maybe Shorewood could realize some reduction in cost because equipment would only have to be mobilized once. He then stated if Council decided it wanted to reconstruct or reclaim those two Shorewood Roads at the same time as Minnetrista repairs its road then he thought Shorewood could find the money to do so. Engineer Hornby clarified that Minnetrista originally considered reconstructing the roadway to its standard. That is not practical out on the Island. It is now considering reclaiming the roadway pavement. That involves taking up the existing pavement and aggregate below it, grinding it up, and reshaping the roadway. The plan also includes raising the roadway in areas that are seasonally flooded. That project would start just outside of the bridge and goes to the Shorewood boundary. Director DeJong stated the 2015 audit was supposed to start today. Unfortunately, some personal health issues have put him behind on that. He had asked the auditor to postpone the audit until May and they have agreed to do that. Mayor Zerby stated he had spoken to James Wisker, the Planning and Projects Director with the Minnehaha Creek Watershed District (MCWD), and alerted him that Director Nielsen or Engineer Hornby would be contacting him soon about the Badger Park playfield project. Nielsen stated he, the vendor for the artificial turf playfield and maybe Hornby would be involved with that. B. Mayor and City Council Councilmember Woodruff stated he attended the Association of Metro Cities meeting on April 21, 2016. During the meeting officers were elected. Anne Mavity, a City of St. Louis Park Councilmember, was elected president. She will take office in July. The guest speaker was Hamline University Professor David Schultz. He spoke about the 2016 election process. Councilmember Siakel explained she attended an Excelsior Fire District (EFD) Board budget work session on April 19. There will be approximately a 0.5 percent decrease (about $4,000) in Shorewood’s funding percentage for 2017. She noted that the Board will have to make a decision about the replacement of the EFD’s Aerial 11 ladder truck. That order has to be placed early in 2017 for a 2018 delivery. She CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 25, 2016 Page 12 of 12 thought the Board has basically agreed that Aerial 11 needs to be replaced. What needs to be resolved is the size and capacity of the truck. She encouraged Councilmembers to share their thoughts about this with Administrator Joynes. Mayor Zerby stated he thought Director DeJong has been looking into the financing for the truck. DeJong stated there have been initial discussions with EFD Chief Gerber about the City of Shorewood being the lease-purchase financer for the purchase; Shorewood has done that for other EFD equipment purchases. He thought Shorewood has the capacity to do that. The challenge is to determine what the interest rate should be. Because interest rates are so low, it may be prudent to go with a variable rate. Councilmember Siakel noted Chief Gerber had mentioned that to the Board. Councilmember Siakel stated last year the appreciation event for commissioners, volunteers and staff was a boat cruise during July. She asked Council if it wants to move forward with that for 2016. Mayor Zerby stated he heard great things about the event and noted that he was not able to attend it. Councilmember Woodruff stated he also heard people enjoyed that event and having it during the summer. There was Council consensus to again have a boat cruise for the appreciation event this year. Councilmember Labadie stated she attended the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee meeting for Mayor Zerby. The meeting was very short. Some budget items were reviewed. The biggest topic of discussion was the SLMPD wants new badges. People are in the process of designing new badges. The Steamboat Minnehaha may be on the badge. She told people she thought that would be a bit too representative of one of the SLMPD member cities. The response was the Steamboat is an iconic symbol of the South Lake area. Councilmember Siakel stated the concrete padding outside of the bays in the public safety facility in Shorewood is cracking. The EFD Board had approved the repair of that during 2016. That is a shared expense between the EFD and SLMPD. The SLMPD does not have the funding to pay for that repair in 2016. She expressed concern that the SLMPD does not have funds set aside to pay for repairs to the facility. Mayor Zerby noted a SLMPD Coordinating Committee had established an Administrative Committee that meets monthly. He asked Administrator Joynes to bring this concern to that Committee. Mayor Zerby thanked Councilmember Siakel for filling in for him during the April 11 Council meeting and to Councilmember Labadie for filling in for him during the recent SLMPD Coordinating Committee meeting. 12. ADJOURN Woodruff moved, Labadie seconded, Adjourning the City Council Regular Meeting of April 25, 2016, at 8:10 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk #3A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: May 9, 2016 Prepared by: Michelle Nguyen, Senior Accountant Bruce DeJong, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid? Background: Claims for council authorization. 62505-62508 & ACH 124,017.52 Pending 62509-62541 & ACH 230,461.95 Total Claims $354,479.47 We have also included a payroll summary for the payroll period ending May1, 2016. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents an budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay these claims or may r expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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698:K8:6;<7L66$+ !"'$E5$;>$=$0!/"$A/4,"=6G8:>8;<=698:L8;<;6;=G:=9G>>=6666$;L>D9> ?!@$N"B"a9>>G796KK$H"&)$$:;7DK6 $<:79;$H"&)2$;;R;6KD:6 $;;R;6KD:6 HAA"3"_C;"C#CMERJ"=#K">,*)?@ H"&)2$:G6R9<;D>7 %=+,*-$.*"&/)$P7898:6;<$=$;;2;:$3Q%&4*$;L ® 313 MEETING TYPE City of Shorewood nib Meeting Item Regular Meeting ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Title/Subject: Accept Proposal for Safety Consultation Services Meeting Date: May 9, 2014 Prepared by: Larry Brown, Director of Public Works Reviewed by: Jean Panchyshyn, City Clerk Attachments Proposal by SafeAssure Consultants Policy Consideration: Should the City of Shorewood enter into a contract with SafeAssure Consultants to provide safety training and OSHA mandated safety programs? Background/ Previous Action The Occupational Safety and Health Association (OSHA) mandates safety training for all employees. Each year all employees must be certified in the following areas: ♦ Employee Right to Know ♦ Blood Borne Pathogens ♦ Emergency Action Plan Beyond the training indicated above, Public Works Personnel are also to be certified annually in the following areas: ♦ A Workplace Accident and Injury Reduction Program (AWAIR) ♦ Emergency Action Plan ♦ Control of Hazardous Energy ♦ Hazard Communications ♦ Recording and Reporting of Injuries and Illnesses ♦ Confined Space Entry and Rescue ♦ Respiratory Protection ♦ Occupational Noise Exposure ♦ Bloodborne Pathogens ♦ Powered Industrial Trucks ♦ General Duty Clause ♦ Personal Protective Equipment ♦ Overhead Cranes ♦ Ergonomics ♦ Mobile Earthmoving Equipment 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 SafeAssure Inc. has provided these services previously, as a joint project with 11 other Lake Area communities. The ability to train with other municipalities provides the opportunity to train at a cost of approximately one fourth the cost of other programs. SafeAssure also provides an automated Safety Data Sheet program. OSHA mandates that every material that an employee comes in contact with must have a Safety Data Sheet (SDS) that outlines health risks, protective equipment to be utilized, and chemical reaction data. This mandate, not only applies to chemicals, but to everyday items such as bolts, wood, and asphalt. The job of keeping SDS sheets current for every product that is received is an ominous task, at best. As testimony to the program, the City has previously had a surprise inspection completed by OSHA. That inspection occurred at the time when the City was contracted with SafeAssure Consultants. Staff is pleased to report that the inspection went very well. The OSHA inspectors examined many parts of the program and were very satisfied as to how the program was outlined, and how the program was being implemented. Attachment 1 is the proposal from SafeAssure in the amount of$3,017.16 as compared to a cost of$2,958.00, the previous year. Therefore, adequate funds have been programmed within the Public Works Operating Budget for this expenditure. Staff Recommendation Staff is recommending approval of a motion accepting the proposal from Safe Assure Consultants, for an amount not to exceed $3,017.16. Financial or Budget Considerations:The services, as specified, have been programmed into the annual 2016 operating budget. Options: 1. Accept the proposal by motion. 2. Provide Staff with alternative direction. Recommendation /Action Requested: 1. Staff is recommending Option 1 that accepts the proposal from SafeAssure Consultants be approved, not to exceed $3,017.16. Connection to Vision/ Mission: Providing safe services for employees helps provide quality services to our residents. The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Shorewood are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section must establish a written Work-,place Accident&Injury program that ,promotes safe& healthful working conditions': EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action,plan shall be in-wrItIng and shall co ver the designated actions employers&employees must take to insure employee safety from fire& other emergencies": CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 'Procedures shall be deve%ped, documented& utilized for the control of,potentially hazardous energy when employees are engaged in the activities covered by this section': HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 'Evaluating the ,potential hazards of chemicals, and communicating information concerning hazards and appropriate,protective measures to employees may include, but is not limited to,,provision fora deve%p1re7t& maintaining a written hazard communication,program for the work place..." RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 'Each employer shall maintain in each establishment a log and summary of all occupational injuries and illnesses for that establishment:........... . CONFINED SPACE 29 CFR 1910.146 If the employer dec/des that its employees will enter,permit spaces, the employer shall develop and imple77ert a written,permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating,procedures go veming the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training,program for all employees who are exposed to noise at or abo ve an 8- hour time weighted average of 85 dec/bels, and shall ensure employee,participation in such a,program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph(b)of this sxGon shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. l Of 7 ATTACHMENT 1 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucks": GENERAL DUTY CLAUSE PL91-596 'Hazardous conditions or practices not covered in an 0.5 H.A. Standard may be covered under sactcn 5(a)(1) of the act, which states: Each employer shall furnish to each of{their}employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to {their} employees" PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) 'Application." Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph (j)(1)(ii)(b) of this section, depending upon its activity..................... ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD&,MSD hazards and controls used to address MSD hazards" MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth-moving equipment operators and all other employees working on the ground exposed to mobile earth-moving equipment shall be trained in the safe work procedures pertaining to mobile earth-moving equipment and in the recognition of unsafe or hazardous conditions. 2 61 3 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart I - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart 0 - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart I - Welding and Cutting Subpart K - Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart 0 - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z - Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Shorewood to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for The City of Shorewood are for the sole and express use by The City of Shorewood and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary,or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions,when made during a contract year,will be made at no additional cost to The City of Shorewood. All written programs/services that are produced by SafeAssure Consultants, Inc. are &r&ii Reed to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants, Inc. will reimburse The City of Shorewood should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants,Inc. SafeAssure Consultants, Inc. does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 4 61 3 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Shorewood Written Programs &Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out/Tag Out (Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal 5 61 3 Powered Industrial Trucks/Forklifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel • job hazards-recognition • control steps • reporting • management leadership requirements • employee participation requirements Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal General Safety Requirements • review/modify or write site specific program • documented training of all personnel The ""SafeAssure Advantage" • On-Line training available for AWAIR, EAP, ERTK, ERGO, Bloodborne • Safety Committee Advisor • Employee Safety Progress Analysis • SafeAssure ""Client Discount Card"from Fastenal Stores or Catalogs (15% off any item) • .lob Hazard Analysis (.IHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • ""ALERT"data base • Unlimited consulting services 61 3 Contract/ Agreement THIS AGREEMENT is made this first day of May, 2016 between The City of Shorewood, Shorewood, Minnesota, herein referred to as The City of Shorewood and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes. Additionally, SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this contract/agreement, The City of Shorewood (upon request) with a current Certificate of Insurance with proper coverage lines and a minimum of $2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by"The Hartford" insurance companies. SafeAssure further agrees that The City of Shorewood will not be held liable for any claims, injuries, or damages of whatever nature due to negligence, alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Shorewood, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Shorewood, its agents,members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Shorewood, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed agreement/contract, for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Shorewood, the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions, writing and maintaining mandatory OSHA programs. These features and services will be prepared to meet the specific needs of The City of Shorewood. ANNUAL CONTRACT $ 3,017.16 DAMARCO SERVICES (MSDS ON-LINE) $ included ANNUAL $3,017.16 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH CONTRACT1I=* X The City of Shorewood X The City of Shorewood XCJ 040616 SafeAssure Consultants, Inc. Date #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Adopt the Codification of the Ordinances Approved in 2015 (Supplement 11) Meeting Date: May 9, 2016 Prepared by: Jean Panchyshyn, City Clerk Reviewed by: William S. Joynes, City Administrator Attachments: Ordinance, Resolution Background: On November 22, 2004, Council adopted Ordinance No. 409, which approved the Municipal Code Book recodification provided by American Legal Publishing and the League of Minnesota Cities. With this recodification, the Code Book was current through Ordinance No. 401 passed on February 23, 2004. Ten supplements have been completed since the initial recodification. The eleventh supplement (S-11) to the City Code Book includes Ordinance No.’s 519-525, which includes ordinances approved through February 8, 2016. American Legal Publishing has provided copies of the replacement pages to the City Code Book for this 11th supplement. The attached Exhibit A provides an outline of the sections/pages of the Code Book that have been updated. The attached Ordinance accepts the replacement pages, which includes Ordinance No’s 519-525. The Code Book is available on the City’s Web site in a searchable format, via a link to American Legal Publishing Corporation. Financial or Budget Considerations: The total cost for the S-11 supplement pages was $563.00. Funds exist in the Administration budget for this expense. Recommendation / Action Requested: Adoption of an Ordinance to enact and adopt the 2016 S-11 Supplement to the Shorewood City Code Book, provided by American Legal Publishing Corporation; and Adoption of a Resolution approving a summary publication of said Ordinance. Next Steps and Timelines: Staff will continue to update all of the city code books with the new pages. Connection to Vision / Mission: Providing quality public service. 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 ORDINANCE NO. ____ AN ORDINANCE ENACTING AND ADOPTING THE 2016 S-11 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the tenth Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 525 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS , it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shorewood, Minnesota, ordains: Section 1. That the eleventh supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2016 S-11 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 9th day of May, 2016. __________________________ Scott Zerby, Mayor ATTEST: ____________________________________ Jean Panchyshyn, City Clerk Title Page 501 -3, 501 -4 SHOREWOOD, MINNESOTA Instruction Sheet 2016 S -11 Supplement ADOPTING ORDINANCE TITLE 500: PUBLIC HEALTH Title Page 21,22 501 -3, 501 -4 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201 -43, 1201 -44 1201 -67, 1201 -68 1201 -77 through 1201 -80 1201 -86A, 1201 -86B 1201 -123 through 1201 -126 TITLE 1300: MUNICIPAL FEES 1301 -3 through 1301 -6 1301 -11 through 1301 -12 PARALLEL REFERENCES 29, 30 LJA 3/2016 1201 -43, 1201 -44 1201 -67, 1201 -68 1201 -77 through 1201 -80 1201 -86A, 1201 -86B 1201 -123 through 1201 -126 1301 -3 through 1301 -6 1301 -11 through 1301 -12 29.30 CITY OF SHOREWOOD RESOLUTION NO. 16-____ A RESOLUTION APPROVING THE OFFICIAL SUMMARY OF ORDINANCE NO. _____ The following is the official summary of Ordinance No. _____ approved by the City Council of the City of Shorewood, Minnesota, on May 9, 2016: An Ordinance Enacting, Codifying and Adopting the 2016 S-11 Supplement to the Code of Ordinances for the City of Shorewood, Minnesota, which contains Ordinance No.’s 519-525, approved since the codification of the 2015 S-10 Supplement. A printed copy of the Ordinance is available for inspection by any person at the Office of the City Clerk. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 9th day of May, 2016. ___________________________ ATTEST: Scott Zerby, Mayor _____________________________ Jean Panchyshyn, City Clerk #3D MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Annual Liquor License Renewals Meeting Date: May 9, 2016 Prepared by: Jean Panchyshyn, City Clerk Reviewed by: Bill Joynes, City Administrator Attachments: Resolutions (5) approving Liquor Licenses for five establishments in Shorewood Policy Consideration: City Code Chapter 401-Liquor Regulations provides for consideration of the licensing of establishments requesting on- and off-sale liquor licenses. Background: The American Legion Post #259 currently holds an on-sale liquor license. Cub Foods has a 3.2 percent off-sale malt liquor license. Park Square Subway (dba Shorewood Liquor), TL Shorewood Inc (dba Team Liquor Wines & Spirits), and Wine & Spirits by JD Inc (dba MGM Wine & Spirits) all hold an off-sale intoxicating liquor license. All licenses expire on May 31, 2016. All licensees have submitted appropriate liquor license documentation and license renewal fees. Background checks were processed, and there were no disclosable records for convictions within the past year of any violation of laws relating to the sale of intoxicating liquor for these five establishments. Financial or Budget Considerations: Appropriate liquor license fees have been received and deposited into the corresponding license revenue fund. Options: 1) Adopt the Resolutions approving the liquor license for the five establishments in Shorewood 2) Denial of the license requests Recommendation / Action Requested: Adopt the following five Resolutions: On-sale Intoxicating Liquor and Special Sunday Sales license for the American Legion Post #259; 3.2 percent off-sale Malt Liquor license for Cub Foods; and off-sale intoxicating liquor licenses for Park Square Subway, dba Shorewood Liquor; TL Shorewood Inc, dba Team Liquor Wine & Spirits; and Wine & Spirits by JD Inc, dba MGM Wine & Spirits. Next Steps and Timelines: Staff will issue the licenses to the establishments and forward appropriate documents to the State Alcohol and Gambling Enforcement division for their records and approval. 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. 16-_____ A RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE ON-SALE INTOXICATING LIQUOR & SPECIAL SUNDAY SALES WHEREAS, the Shorewood City Code, Sections 402.02, 403.05, 1300.01 and 1300.02, provides for the licensing of the sale of intoxicating liquor in the City and requires a special license for Sunday sales; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill certain requirements concerning insurance coverage, have a favorable background investigation; WHEREAS, the following applicant has satisfactorily completed the requirements for the issuance of a license for the "on-sale" of intoxicating liquor and for a special license for "Sunday Sales". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "on-sale" of intoxicating liquor and a special Sunday License for sales be issued for a term of one year, from June 1, 2016 to May 31, 2017, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address American Legion Post #259 24450 Smithtown Road Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of May, 2016. _____________________________ ATTEST: Scott Zerby, Mayor _____________________________ Jean Panchyshyn, City Clerk CITY OF SHOREWOOD RESOLUTION NO. 16-____ A RESOLUTION APPROVING A 3.2 PERCENT “OFF-SALE” MALT LIQUOR LICENSE WHEREAS, the Shorewood City Code, Sections 402.05 provides for the licensing of the sale of 3.2 percent malt liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill certain requirements concerning insurance coverage, have a favorable background investigation; WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-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 License for the "off-sale" of 3.2 percent malt liquor be issued for a term of one year, or that portion thereof, from June 1, 2016 to May 31, 2017, consistent with the requirements and provisions of Chapter 400 of the Shorewood City Code, to the following applicant: Applicant Address Shorewood 2001 L.L.C, 23800 State Highway 7 Dba, Cub Foods Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of May, 2016. _____________________________ ATTEST: Scott Zerby, Mayor ________________________________ Jean Panchyshyn, City Clerk CITY OF SHOREWOOD RESOLUTION NO. 16-____ A RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, the Shorewood City Code, Chapter 401, provides for the licensing of the off-sale of intoxicating liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill certain requirements concerning insurance coverage, have a favorable background investigation; WHEREAS, the following applicant has satisfactorily completed the requirements for the issuance of a license for the "off-sale" of intoxicating liquor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "off-sale" of intoxicating liquor be issued for a term of one year, or that portion thereof, from June 1, 2016 to May 31, 2017, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, to the following applicant: Applicant Address Park Square Subway, Inc. 23670 State Hwy. 7 DBA Shorewood Liquor Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of May, 2016. _____________________________ ATTEST: Scott Zerby, Mayor _________________________________ Jean Panchyshyn, City Clerk CITY OF SHOREWOOD RESOLUTION NO. 16-_____ A RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, the Shorewood City Code, Chapter 401, provides for the licensing of the off-sale of intoxicating liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, pay the required licensing fee, fulfill certain requirements concerning insurance coverage, have a favorable background investigation; WHEREAS, the following applicant has satisfactorily completed the requirements for the issuance of a license for the "off-sale" of intoxicating liquor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "off-sale" of intoxicating liquor be issued for a term of one year, or that portion thereof, from June 1, 2016 to May 31, 2017, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, to the following applicant: Applicant Address TL Shorewood Inc 19905 State Hwy. 7 dba Team Liquor Wine & Spirits Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of May, 2016. _____________________________ ATTEST: Scott Zerby, Mayor _______________________________ Jean Panchyshyn, City Clerk CITY OF SHOREWOOD RESOLUTION NO. 16-____ A RESOLUTION APPROVING AN OFF-SALE INTOXICATING LIQUOR LICENSE WHEREAS, the Shorewood City Code, Chapter 401, provides for the licensing of the off-sale of intoxicating liquor in the City; and WHEREAS, said Code provides that the applicant shall complete an application for a liquor license, fulfill certain requirements concerning insurance coverage, have a favorable background check; and pay a licensing and investigation fee; WHEREAS, the following applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a license for the "off-sale" of intoxicating liquor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the "off-sale" of intoxicating liquor be issued for a term of one year, or that portion thereof, from June 1, 2016 to May 31, 2017, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, to the following applicant: Applicant Address Wine & Spirits by JD, Inc. 5660 County Road 19 dba MGM Wine and Spirits Shorewood, MN 55331 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of May, 2016. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk #3E MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Setting the Date for the Appreciation Event Meeting Date: May 9, 2016 From: Jean Panchyshyn, City Clerk Background / Previous Action Councilmember Siakel worked with staff to select a date for Council’s annual appreciation event. The date of Friday, July 29, 2016, has been selected for an afternoon boat ride on Lake Minnetonka (leaving from Excelsior) from 12:30 – 3:30 pm, to include appetizers and refreshments. As in the past, the event will recognize volunteer commissioners and representatives; and staff. The 2016 budget has an allocation of $2,500 for appreciation activities. It is expected the cost will be under that amount. Recommendation Approval of the date of Friday, July 29, 2016, for the Appreciation Event. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership.Page 1 #3F MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Resolution Approving Sale of Tax Forfeited Property, ID# 31-17-23-11-0004 (Howards Point Road) Meeting Date: May 9, 2016 From: Brad Nielsen, Planning Director Background / Previous Action At its last meeting the City Council approved a resolution authorizing staff to purchase a small parcel of tax-forfeited land on Howard’s Point Road with the intent to sell the parcel to nearby residents having easements over the parcel. Adoption of a second resolution to sell the parcel was postponed pending a Planning Commission recommendation regarding the sale of city- owned property. At its 3 May meeting, the Commission voted unanimously to recommend the sale. Recommendation Approval of the Resolution relating to the Sale of Tax Forfeited Parcel Lot 1, Auditor’s Subdivision 367 (Property ID # 31-17-23-11-0004 – Howards Point Road). 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. 16-___ A RESOLUTION RELATING TO THE SALE OF TAX FORFEITED PARCEL LOT 1, AUDITOR'S SUBDIVISION 367 WHEREAS, that certain parcel of property located within the City of Shorewood, PID Number 31-117-23-11-0004, and legally described as Lot 1, Auditor’s Subdivision No. 367, Hennepin County, Minn., has forfeited to the State of Minnesota due to the non-payment of real property taxes (“Property”); and WHEREAS, to avoid the creation of a nuisance condition, the City of Shorewood has requested Hennepin County Resident and Real Estate Services to remove the Property from the public auction scheduled for April 29, 2016; and WHEREAS, Hennepin County has computed the full payment for the purchase of the Property prior to auction at $51,746 (the "Purchase Price") payable to the Hennepin County Treasurer; and WHEREAS, the City of Shorewood desires to sell the Property at the Purchase Price. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1.The City of Shorewood approves the sale to the easement holders of the parcel with Hennepin County PID Number 31-117-23-11-0004, and legally described as Lot 1, Auditor’s Subdivision No. 367, Hennepin County, Minn., in the amount of $51,746. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9 day of May, 2016. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk 4828-2715-3712.1 #3G MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Accepting Donation for Safety Camp Meeting Date: May 9, 2016 Prepared by: Bruce DeJong, Finance Director Policy Consideration: All donations to the City of Shorewood must be accepted by the City Council. Background: Minneapolis Auto Club has donated $500 for this year’s Safety Camp, scheduled for August 10. This contribution is voluntary in nature. Financial or Budget Considerations: This donation will help to cover Safety Camp expenses for 2016. Options:  Accept the Donations, or  Reject the Donations Recommendation / Action Requested: Staff recommends that the donation be accepted, and a thank you note will be mailed to the Minneapolis Auto Club. 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 #3H MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Approving Agreement No. A165129 between Hennepin County and the City of Shorewood Meeting Date: May 9, 2016 Prepared by: Jean Panchyshyn, City Clerk CC: Bill Joynes, City Administrator; Tim Keane, City Attorney Attachments: Agreement No. A-165129 Policy Consideration: Consider the new E-pollbook Election Equipment License Agreement with Hennepin County Background: Hennepin County has purchased new E-poll books from KNOWiNK, and supporting equipment, for use in all elections throughout the county. The E-poll books will be used to look up and check in registered voters, and to register new voters on Election Day. This replaces the use of paper rosters and voter registration materials. Financial or Budget Considerations:Hennepin County is covering the procurement and maintenance costs for the E-poll books. The city is responsible for securely storing the equipment. Options: 1) Approve the Agreement as provided; or 2) Do not approve Recommendation / Action Requested: A motion approving the agreement and authorizing the City Administrator to execute Agreement No. A-165129 between Hennepin County and the City of Shorewood. Next Steps and Timelines: The signed Agreement will be mailed to Hennepin County for processing. Connection to Vision / Mission: Supports quality public services and sound financial management. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 AgreementNo.A165129 AGREEMEN T THISAGREEMENT,madebyandbetweentheCOUNTYOFHENNEPIN,apoliticalsubdivisionof theStateofMinnesota›{/šÒ“·ä|œrandtheCITYOFSHOREWOOD›{/z·ä|œu 1.TERMOFTHEAGREEMENT ThisAgreementshallcommenceonJune6,2016andexpireonFebruary28,2023, unlesscancelledorterminatedearlierinaccordancewiththeprovisionsofthis Agreement. 2.EQUIPMENTLICENSE DuringthetermofthisAgreementandsubjecttothetermsherein,Countyhereby providestoCityandgrantsCityalimited,revocable,nonexclusive,royaltyfreelicense touse15KNOWiNKPollPadHardwareandSoftwareunits,4VerizonJetpackHotspot(s) and1MR18CiscoMerakiwirelessaccesspoint(s)(the{9Œ;-·zš“9¨Òz¦’;“·|œ exclusivelyforofficialelectionuse.UnlessCountyotherwiseagreesinwriting,said licenseisrestrictedtoaccessanduseoftheElectionEquipmentby/z·äx­employees, contractedpersonnelanddulyauthorizedelectionofficialsperformingelectionduties andresponsibilitiesonbehalfofCity. ecutedbyallthepartiestomodifythe Thepartiesmayagreebywrittenaddendumex quantityordefinitionoftheElectionEquipmentincludedwithinthescopeofthis agreement.Countyherebydelegatesauthoritytoexecutesuchanaddendumtothe HennepinCountyElectionsManager.Cityherebydelegatesauthoritytoexecutesuch anaddendumtoits________________. Unlessthepartiesotherwiseagree,Cityshallprovideand/ormaintain,at/z·äx­solecost andexpense,securewirelessandothertelecommunicationsnecessaryfortheoperation oftheElectionEquipment.Furtherandasnecessary,Cityshallacquireorotherwise provideallsubscriptions,accountsorotherlicensesnecessaryfortheoperationofthe ElectionEquipment. Cityshallsecure,safeguardandcontroltheElectionEquipment,includingbutnot limitedtosystemauthenticationandpasswords,inthesamemannerthatCitysecures, safeguardsandcontrolsitsowncriticalorconfidentialequipment,systems,software, data,passwordsorotherinformation.WhiletheElectionEquipmentisin/z·äx­ possession,custodyand/orcontrol,Cityshallexercisebesteffortsto(i)useandhandle theElectionEquipmentinamannerthatavoidsdamageorharmtotheElection Equipment;(ii)useandhandletheElectionEquipmentinaccordancewithCounty Page1of6 directionandanythirdpartyspecification;and(iii)safeguardandsecuretheElection Equipmentfromtheft,lossorotherdamage. CityshallberesponsibleforimplementationoftheElectionEquipment. Unlessthepartiesotherwiseagree,Countyoritsdesignatedthirdpartyvendorshallbe performallmaintenanceandrepairoftheElectionEquipment.Cityshallnotrepair, change,modifyoraltertheElectionEquipmentunlessexpresslyauthorizedbyCounty oritsdesignee.IfanyElectionEquipmentneedsrepairormaintenance,Cityshallfollow thedirectionandprocessprovidedbyCounty.Cityacknowledgesandagreesthat,as directedbyCounty,(i)Citymayberequiredtodeliver,atCi·äx­solecostandexpense, ElectionEquipmenttoCountyoritsdesigneeformaintenanceandrepair;and(ii)City mayberequiredtoprovideaccesstotheElectionEquipmentforinspection, maintenanceorrepairduring/z·äx­regularbusinesshours,includingbutnotlimitedto grantingtherighttoenterintoanduponthepremiseswheretheElectionEquipmentis located. Uponreasonablenotice,Countyshallhavetherighttoenterintoanduponthe premiseswheretheElectionEquipmentislocatedforthepurposesofinspectingthe ElectionEquipmentorobservingitsuse.Onanannualbasis,duringthetermofthis Agreement,Cityshallcomplywith/šÒ“·äx­requestforverificationofElection Equipmentinventory. Upontheexpresswrittenpermissionof/šÒ“·äx­ElectionManager,orher/his designee,CitymaysublicenseElectionEquipmenttoaschooldistrictwithin/z·äx­ ent, territorialboundaries.Saidsublicenseshallbemadepursuanttoawrittenagreem betweenCityandtheschooldistrictandshallincludesubstantiallythesametermsas thosecontainedherein. 3.OWNERSHIP CountyrepresentsandwarrantsandCityacknowledgesandagreesthatCountyisduly authorizedtograntthelicensehereinexclusivelyforusebyCityinitsofficialelections. Pursuantthereto,useoftheElectionEquipmentforanyotherpurposeotherthanthat authorizedhereinisstrictlyprohibitedabsentexpresswrittenconsentofCounty. CityacknowledgesandagreesthattheElectionEquipmentmaycontainproprietaryand tradesecretinformationthatisownedbyathirdpartyandisprotectedunderstateand federalpatent,copyrightlaworotherlaws,rules,regulationsanddecisions.Cityshall protectandmaintaintheproprietaryandtradesecretstatusoftheElectionEquipment. 4.DISCLAIMER,LIABILITYANDLIMITATIONOFLIABILITY COUNTY,BYANDTHROUGHITSDULYAUTHORIZEDVENDOR,ISPROVIDINGTHE ELECTIONEQUIPMENTONANASISBASISWITHNOSUPPORTWHATSOEVER.THEREIS Page2of6 NOWARRANTYOFMERCHANTABILITY,NOWARRANTYOFFITNESSFORPARTICULAR USE,NOWARRANTYOFNONINFRINGEMENT,NOWARRANTYREGARDINGTHEUSEOF THEINFORMATIONORTHERESULTSTHEREOFANDNOOTHERWARRANTYOFANY KIND,EXPRESSORIMPLIED. CITYACKNOWLEDGESANDAGREESTHATCOUNTYDOESNOTOWNORCONTROLTHE DATASOURCE/SYSTEMNECESSARYFOROPERATIONOFTHEELECTIONEQUIPMENT. WITHOUTLIMITINGTHEFOREGOING,COUNTYDOESNOTWARRANTTHE PERFORMANCEOFTHEELECTIONEQUIPMENTORRELATEDCOMMUNICATIONSOR CONNECTIONSTOANYDATASOURCE/SYSTEM,THATTHEDATASOURCE/SYSTEMWILL BEUNINTERRUPTEDORERRORFREE,THATTHEDATAISACCURATE,COMPLETEAND CURRENTORTHATDATADEFECTSWILLBECORRECTED,ORTHATTHEDATA SOURCE/SYSTEMISFREEOFHARMFULCODE. INNOEVENTSHALLCOUNTYBELIABLEFORACTUAL,DIRECT,INDIRECT,SPECIAL, INCIDENTAL,CONSEQUENTIALDAMAGESORLOSSOFPROFIT,LOSSOFBUSINESSOR ANYOTHERFINANCIALLOSSORANYOTHERDAMAGESEVENIFCOUNTYHASBEEN ADVISEDOFTHEPOSSIBILITYOFSUCHDAMAGE./h…b—x{SOLELIABILITYAND/L—x{ SOLEANDEXCLUSIVEREMEDYFORANYDAMAGESRELATEDTOTHISAGREEMENT, INCLUDINGBUTNOTLIMITEDTOLIABILITYFORELECTIONEQUIPMENT NONPERFORMANCE,ERRORSOROMISSIONS,SHALLBELIMITEDTORESTORINGOR CORRECTINGTHEELECTIONEQUIPMENTTOTHEEXTENTANDDEGREECOUNTYIS CAPABLEOFPERFORMINGTHESAMEANDASISREASONABLYPOSSIBLEUNDERTHE PERTINENTCIRCUMSTANCES. ovisions(below)regarding Subjecttotheforegoinglimitationofliabilityandtothepr responsibilityforthecostsrelatedtolost,stolen,destroyedordamagedElection Equipment,eachpartyshallberesponsiblefortheirownactsandomissionsandthe resultsthereoftotheextentauthorizedbylaw.Thepartiesarenotagreeing,inany mannerwhatsoever,toberesponsiblefortheactsoromissionsoftheotherparty.As applicable,/šÒ“·äx­liabilityisgovernedbytheprovisionsofMinnesotaStatutes, eprovisionsof Chapter466and/z·äx­liabilityisgovernedbyth ____________________________.Thestatutorylimitsofliabilityforthepartiesmay notbeaddedtogetherorstackedtoincreasethemaximumamountofliabilityforeither orbothparties. 5.ROYALTYFREELICENSEOTHERCOSTS Exceptasexpresslysetforthbelow,CityshallnotpayCountyanyamountforthelicense grantedherein. CityshallberesponsibleforthecostandexpenseofElectionEquipmentdeliveryfrom andtoalocationasdirectedbyCounty. Page3of6 Exceptforroutinewearandtearresultingfromuseinconformancewiththeterms herein,Cityshallberesponsibleforandshallpayallcosts,includingbutnotlimitedto shippingcosts,necessaryfortherepairorreplacementoflost,stolen,destroyedor damagedElectionEquipment. UponexpirationorterminationofthisAgreementforanyreason,Cityshall,at/z·äx­ solecostandexpense,deliver,orhavedelivered,theElectionEquipmenttoCountyor itsdesignee,completeandingoodorderandworkingcondition,exceptwithrespectto ElectionEquipmentwithdefectsattributableto/šÒ“·äx­vendororsupplier. 6.TERMINATION ThisAgreementmaybeterminatedbyeitherpartyuponseven(7)daywrittennoticeto theother.TerminationofthisAgreementbyeitherpartyandforanyreasonshallnot relieveCityofanydutiesorobligationshereunderincludingbutnotlimitedtothe obligationtosafelyandsecurelyreturnanddelivertheElectionEquipmentassetforth above. 7.DATAPRACTICES Theparties,theirofficers,agents,owners,partners,employees,volunteersand subcontractorsshallabidebytheprovisionsoftheMinnesotaGovernmentData PracticesAct,MinnesotaStatutes,chapter13(MGDPA)andallotherapplicablestate andfederallaws,rules,regulationsandordersrelatingtodataprivacyorconfidentiality, whichmayincludetheHealthInsurancePortabilityandAccountabilityActof1996 (HIPAA). IONS 8.ADDITIONALPROVIS Thepartiesshallcomplywithallapplicablefederal,stateandlocalstatutes,regulations, rulesandordinancescurrentlyinforceorlaterenactedincludingbutnotlimitedtothe MGDPA,MinnesotaStatutessection16C.05,subd5andMinnesotaStatutessection 471.425,subd.4aand,asapplicable,/h…b—x­AffirmativeActionPolicy. Nodelayoromissionbyeitherpartyheretotoexerciseanyrightorpoweroccurring uponanynoncomplianceordefaultbytheotherpartywithrespecttoanyoftheterms ofthisAgreementshallimpairanysuchrightorpowerorbeconstruedtobeawaiver thereofunlessthesameisconsentedtoinwriting.Awaiverbyeitheroftheparties heretoofanyofthecovenants,conditions,oragreementstobeobservedbytheother shallnotbeconstruedtobeawaiverofanysucceedingbreachthereoforofany covenant,condition,oragreementhereincontained.Allremediesprovidedforinthis Agreementshallbecumulativeandinadditionto,andnotinlieuof,anyotherremedies availabletoeitherpartyatlaw,inequity,orotherwise. ThisAgreementshallbegovernedbyandconstruedinaccordancewiththelawsofthe StateofMinnesota. Page4of6 ItisunderstoodandagreedthattheentireAgreementbetweenthepartiesiscontained hereinandthatthisAgreementsupersedesalloralagreementsandnegotiations betweenthepartiesrelatingtothesubjectmatterhereof.Exceptasexpresslyprovided herein,anyalterations,variations,modifications,orwaiversofprovisionsofthis Agreementshallonlybevalidwhentheyhavebeenreducedtowritingasan amendmenttothisAgreementsignedbythepartieshereto. Cityshallnotassign,sublicenseortransferthisAgreementortherights,dutiesand obligationsherein,eitherinwholeorinpart,withoutthepriorwrittenconsentof County,andanyattempttodososhallbevoidandofnoforceandeffect. ItisexpresslyunderstoodandagreedthattheobligationsandwarrantiesofCityand Countyhereofshallsurvivethecompletionofperformanceandterminationor cancellationofthisAgreement. THEREMAINDEROFTHISPAGEISBLANK. Page5of6 APPROVAL COUNTYOFHENNEPIN ReviewedbytheCountySTATEOFMINNESOTA !··š©“;äx­Office By: CountyAdministrator Date: Date: CONTRACTOR CONTRACTORwarrantsthatthepersonwho executedthisAgreementisauthorizedtodosoon behalfofCONTRACTORasrequiredbyapplicable articles,bylaws,resolutionsorordinances*. CITYOFSHOREWOOD PrintedName: PrintedTitle: Date: Page6of6 • • • I (o E 0 0 4-J 0 > 0 V) Lf) V ro u 0 CL 0 -0 .0 (3) W C: 0 4-) to rj C: CO 4-J -0 C: 4-J 0 3: z V) CL 0 0- (D • pop 4-J 0 U I-D • u >1 02 V) 0 < V) • • • I (o E 0 0 4-J 0 > 0 V) Lf) V ro u 0 CL 0 -0 .0 (3) W C: 0 4-) to rj C: CO 4-J -0 C: 4-J 0 3: z V) CL 0 0- (D • pop �.. i,, �� ��� � � l F £ i p it Ty „�" ,, � ! >,� '� ��� 4,� �� �?,'"� ��'.. � au "` c�.� ��, � � g °� °� �._� 9 ' "� -� a, E � ��� � �/ �.. 7A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, APRIL 26, 2016 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Mangold convened the meeting at 7:05 p.m. A. Roll Call ; Present: Chair Mangold, Commissioners Vassar, Kobs and RockCity Council Liaison Deb Siakel; City Planner Nielsen Absent: Stelmachers B. Review Agenda Kobs moved to approve the agenda as written. Rock seconded the motion. Motion carried 4-0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of March 22, 2016 Rock moved to approve the minutes of the March 22, 2016 meeting as Kobs requested Item 4 be updated to include bids were solicited from Astro Turf, FieldTurf and Sprint Turf, and FieldTurf came back with the most accurate bid. Rock seconded the motion. Motion carried 4- 0. 3. MATTERS FROM THE FLOOR There were none. 4. UPDATE ON BADGER PARK Nielsen stated following Council approval of the FieldTurf bid, legislation was introduced that would put a moratorium on fields with crumb rubber fill. Staff asked the vendor about it, and he stated that same legislation was considered the previous year with nothing happening. We won’t know until May 13 if the legislation will continue. Staff is recommending going forward with the intent to change direction should the legislation be approved. Council was comfortable moving forward until there is scientific proof that the material is a problem. Nielsen stated the grading plan for the field is underway. The bid received had a practice field. They are asking now for a 45’ x 90’ field which would be larger than the previously approved 30’ x 90’ field. Mangold believed it would fit but would be right up against hockey. Nielsen stated staff would be in contact with the engineer about modifying the grading plan should the Park Commission give the go ahead on the revised practice field size. PARK COMMISSION MINUTES TUESDAY, APRIL 26, 2016 4 PAGE 2 OF Vassar asked why the practice field needs to be widened. Steve Well stated as long as they are constructing the field, the decision was made to do it right. Vassar was concerned about cutting into the play area. Mangold stated there isn’t a structure play area design yet. It doesn’t mean we will end up with less play area than what we have now. Nielsen didn’t think going another 15 feet would be drastically different. As we move forward, maybe the decision could be made to have one rather than two play areas. Rock stated as long as we don’t go over the 45’, he didn’t have a problem. Nielsen stated the concept plan would need to be revised. Parking would be added as the second phase. Mangold didn’t think 45 feet was a problem in the concept plan, we would have short term issues if the hockey rink remains. Nielsen stated the rink can be removed any time. The shelter could also be removed but could continue to be used for summer events until it is removed. Mangold discussed the need to get from the nature trail to the bottom corner of the lacrosse field. He felt it should be done now. Nielsen agreed stating he had talked to the engineer about it. For whatever reason, it became complicated. He would talk to the engineer again. Mangold discussed trail options and asked for further information. Nielsen stated the existing trail needs to be rejuvenated with Ag lime. Mangold asked if there was anything in motion on the lights and adjustments needed there. Nielsen stated the hope would be to have the lights remain with possible redirection. Mangold stated we need to get going on talking to an electrician on options. Rock asked if there would be any concern about moving forward with the field should the legislation be adopted. Nielsen stated the design would remain the same no matter what material is used. Vassar asked if it would make more sense to change the product now than later. Nielsen stated it would be the cost of removing the old crumb rubber. The simple fact is the scientific data shows there are no bad effects. Nielsen asked for direction on widening the practice field. Mangold believed the Park Commission would not be opposed to moving forward with the crumb rubber. As far as moving forward with the widened field, he was unsure of what should be done. Nielsen stated the grading plan should be completed and brought back to the May 8 meeting. 5. SKATE PARK FUTURE Nielsen stated we have discussed a number of items dealing with the skate park. The question remained which was how much does it get used. If we are going to keep it as a skate park, it needs money. There had been discussion about turning it into a dog park. There is a nice community garden area there which could be expanded. One of the things that occurred to him was to use the existing pavement for a pickle ball court which is becoming more popular. He suggested a small survey be done of what could be at the park. Mangold stated a survey was done for that park, the dog park being the main issue, but there were other questions. He recommended staying away from surveys unless there is something we specifically want to know about. PARK COMMISSION MINUTES TUESDAY, APRIL 26, 2016 4 PAGE 3 OF Mangold stated the skate park structure needs to be completely replaced. He stated we need to decide whether it should continue as a skate park. He didn’t believe there has been enough use to keep it in operation. Siakel stated there is value in the secondary market for the structures. Kobs asked what the timeline is for removal and if they are dangerous. Nielsen stated the edges are curling and could be dangerous. Siakel suggested a notice be put in the newsletter stating it will be closed if that is the decision. Mangold stated we have been discussing closing it down for a year now. It needs to change and be developed into something different. Mangold moved, Kobs seconded to recommend staff find out how to get rid of the structures and close it down. Motion carried 4-0. Mangold stated Public Works should create more garden spaces. Commissioners discussed garden spaces, expansion, and location of new spaces. 6. CATHCART TRAIL Commissioners reviewed the TKDA trail concept. Nielsen reviewed the trail location. Nielsen stated the plan would be to connect the trail back to the LRT. Mangold believed a final plan should be brought to Chanhassen with numbers. Vassar believed the park design is underwhelming. She asked what else could be done to get Chanhassen to want to help. Nielsen stated the park benefits Chanhassen residents more than it does Shorewood residents. He did think the trail system would be appealing. He stated he would create information showing the trail system. Following additional discussion, Nielsen stated more of an aerial presentation would be created showing how it ties into the entire trail system and developments in Chanhassen. 7. NEW BUSINESS None 8. STAFF AND LIAISON REPORTS/UPDATES A. City Council Siakel updated the Park Commission on recent City Council actions. B. Staff Nielsen suggested the Commission discuss times for the park tours. He did note they were done later in the year, and the parks were in better condition. He stated Public Works prefers it be later. PARK COMMISSION MINUTES TUESDAY, APRIL 26, 2016 4 PAGE 4 OF 9. ADJOURN Kobs moved, Rock seconded, to adjourn the Park Commission Meeting of April 26, 2016 at 8:15 p.m. Motion carried 4-0. RESPECTFULLY SUBMITTED, Clare T. Link Recorder #8A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Wartman, Tom and Kelly – Minor Subdivision Meeting Date: 9 May 2016 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Planning Director’s Memorandum, dated 15 April 2016 Draft Resolution Policy Consideration: Should the City Council approve a minor subdivision for Tom Wartman? Background: See attached Planning Director’s memorandum. The Planning Commission has recommended approval of the proposed subdivision, subject to the recommendations in the Planning Director’s memorandum. Financial or Budget Considerations: The applicant’s application fees cover the administrative costs incurred by the City. In addition, the division will generate $6500 for the park fund and $1200 for the sewer fund. Options: Approve the subdivision as recommended by staff and the Planning Commission; approve the subdivision with different conditions; or deny the subdivision request. Recommendation / Action Requested: Approve the subdivision subject to the recommendations of the Planning Commission. Next Steps and Timelines: The applicants will have thirty days from the date he receives the resolution to pay the required fees and record the resolution with Hennepin County. Connection to Vision / Mission: Quality public services and a sustainable tax base. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 MEMORANDUM CITY OF 1 691 1�1 5755 Country Club Road • Shorewood, Minnesota 55331 •952- 960 -7900 Fax: 952- 474 -0128 • www.ci.shorewood.1nn.us • cityha11 @ci.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 15 April 2016 RE: Wartman, Tom — Minor Subdivision FILE NO. 405 (15.14) In January of 2015 the City approved a minor subdivision for Tom Wartman which split the property at 26985 Edgewood Road into two single - family residential lots (see Planner's memorandum, dated 11 January 2013 — attached). The division was never recorded and Mr. Wartman re- applied in September 2015 with the same proposal. Although recommended for approval by the Planning Commission, Mr. Wartman was distracted by an individual who thought they might be interested in the entire property as one building site. Again, the division did not get recorded and, again, Mr. Wartman has reapplied. Staff again recommends approval of the division, subject to the same conditions, except: A. Items 1 and 2 must be completed prior to the application going to the City Council, but no later than 30 days from the date it is considered by the Planning Commission. B. Park dedication fees have increased to $6500. Cc: Bill Joynes Paul Homby Larry Brown Tim Keane Tom Wartman MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 11 January 2013 RE: Wartman, Tom - Minor Subdivision FILE NO.: 405(12.13) BACKGROUND Tom Wartman is the owner of the property located at 26985 Edgewood Road (see Site Location map — Exhibit A, attached). Mr. Wartman has requested approval of a minor subdivision, splitting the property into two lots as shown on Exhibit B. The property is zoned R -1A/S, Single - Family Residential /Shoreland and contains 88,202 square feet of'area. The lot is currently vacant and characterized by an elevated knoll on its west side, dropping 11 feet to a lower area on the east side of the lot (see Exhibit C). Vegetation is concentrated on the higher portion of the property. The proposed lots will be 125 feet wide and will each contain 44,125 Square feet of area. ANALYSIS/RECOMMENDATION Both of the proposed lots comply with the requirements of the R -IA/S zoning district. Consistent with Shorewood's development regulations, the applicant has provided legal descriptions for drainage and utility easements 10 feet in width along each side of the the new lot line. Easements already exist around the perimeter of the property. Prior to City Council review of the request, the applicant should provide deeds for the required easements. ®�� PRINTED ON RECYCLED PAPER Memorandum Re: Wartnian -Minor Subdivision 11 January 2013 City records indicate that the property is only served with one sewer connection. There is, however, a manhole conveniently located in front of the property into which another connection can be made at such time as a new home is built on the easterly lot. It appears likely that the easterly lot may require some fill in the northerly portion of the lot. The applicant is advised that if the amount of fill required will be more than 100 cubic yards, a conditional use permit will be required prior to construction of the home on that lot. It is recommended that the minor division be approved subject to the following: 1. The applicant must provide deeds for drainage and utility easements, 10 feet along each side of the new lot line. 2. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicant must pay park dedication fees ($5000 per lot) and local sanitary sewer access charges ($1200 per lot). 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits are applied for. 5. Once the applicant receives the resolution approving the subdivision, he must record it, and the easement deeds, within 30 days. Cc: Bill Joynes Paul Hornby Larry Brown Tim Deane Tom Wartman -2- (D C) a) CD LL �n 0 O LO co O L a a . a a a a a a a a L Zuaao1 I I I 1 L ,L G � a � a O 0- a I�SJL-w a U a 2I a o'l a Oa s a a a � a a a a a a a a a a OC ��erteidge a Bend a a N E c Y; v Exhibit A SITE LOCATION LEGEND AIS Denotes Advertising- Informational Sign AC Denotes Air Conditioning Unit BFE Denotes Basement FloorElevatiou CB Denotes Catch Basin :BOX Denotes Curb Box COL DeuolesBuildingColruun BEE Denotes Building Enhance Elevation TB Denotes Tele/Comm. Box/Pod :HH Denotes C.—ur cation Haudhole :MH Denotes Communication Manhole :ONC Denotes Concrete Surface :MP Denales Corrugated MetalPipe/Size DIP Denotes Ductilelmn Pipe/Size EB Deuoles Electric Box EHH Denotes Electric Handhole RAN Denotes Electric Transformer .MH Denotes Electric Manhole EM Denotes Electric Meter FH Denotes Fire Hookup FP Denotes Flag Pole FES De not es Flared End Section/Size ;ASV Denotes Gas Valve GFE Denotes Garage Floor Elevators GM Denotes Gas Meter ,DL Denotes Ground Light GP Denotes Guard Post )yW Denotes Guy Win, JCS Denotes Handicap Parking Sign JYD Denotes Fire Hydrant LP Denotes Light Pole MB Denotes Mailbox V0P Denotes No Parking Sign )HU Denotes Overhead Utility Line cKS Denotes Parking Sign PIV Denotes Post lndicat"Valve MCP Denotes Re- infomed Concrete Pipe/Size RD Denotes RacfDrain 3CO Denotes Sanitary Cleaaout 3MH Dean les Sard ary blenbole SV Denotes Septic Vent STP Denotes Stop Sign �TMH Denotes Storm Manhole rRS Denotes Traffic Control Sign TL Denotes Traffic Light JGC Denotes Underground Communication Line JGE Denotes Underground Electric Line JGG Denotes Underground Gas Line 3AN Denotes Underground Sanitary Sewer ST Denotes Underground Storm Sewer UP Denotes Utility Pole JLP Beetle: Utifity/LigbtPole rNH Denotes Top Nut of Hydrant WH Denotes Water Manhole WV Denotes WalerValve T A -1 Denotes Wetland Deliueatim"agldertilier - - Denotes Existing Contour R'$0 Denotes Proposed Contour 0 Denotes Found Monument -As Denoted Q Dent —Found Cast- Iron - Movement O Denotes lf2 "by 14" Iron Pipe Set and Marked by License No. 40344 Cl? 58 Ai t— NORTH UNE OF LOT 10 a,a � DWROAD vie 11 — GD RL� 1397 \ a N89 °58',17 "E , — 0 124.95 ? "' UP J FiAE1 1NORTHWEITL ORNERT OF LOT -" —" T70 ' T_ 10 I I ( I I I 124.96 6' 2 F,ij, t /2. 0P.4 I O \ LIJ k� gl 0- 3 al t� O al oI O E; F I •9 5i Z m I o I I I I I I L----- - - - -- ?:bt I I I I 9+5._ n i r- 1 1MC1 9JG.� Gl PARCEL I rrj F " PARCEL 2 I I LJL_Vvr\ I o ( ? I a W •9a ?= 0 4 � I I t0 o I /'\T I z 4 l ak I N II I z i I ` to o NNL 1 I� • rai.5 I \ I . i�r ., I \ I I 9st.e I I I I 318 3 I I CP I I I 10 I L. T9 K& coal 124.95 °.'.- ui, s las ,0 . —tiny 124.96 -'- N89 058'07 "E 1 / y.249.91 FD 'rfFy1�' SOUTH UNE OF LOT 10— // rLS 13297 (\T 7 954.5 Fc15 7T, rn lus nza I I I I I /\T �A Exhibit B PROPOSED SUBDIVISION CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR TOM WARTMAN WHEREAS, Tom Wartman (Applicant) is the owner of certain real property in the City of Shorewood, legally described as: "Lot 1, Block 10, HERITAGE, according to the recorded plat thereof, Hennepin County, Minnesota" and; WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has agreed to grant to the City drainage and utility easements legally described in Exhibit B, attached hereto and made a part hereof, and WHEREAS, the subdivision requested by the Applicant complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described herein be divided into two parcels, as legally described in Exhibit A. 2. This approval is subject to the Applicant recording this resolution, together with the drainage and utility easements legally described in Exhibit B, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. 3. The City Clerk will furnish the Applicants with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of May 2016. ATTEST: JEAN PANCHYSITYN, CITY CLERK SCOTT ZERBY, MAYOR -1- PROPOSED PARCEL DESCRIPTIONS PARCEL 1: That part of Lot 10, Block 1, HERITAGE, according to the recorded plat thereof, Hennepin County, Minnesota, lying westerly of a line to hereinafter be referred to as Line "A ". Said line is described as commencing at the northwest corner of said Lot 10; thence on an assumed bearing of North 89 degrees 58 minutes 07 seconds East, along the north line of said Lot 10, a distance of 124.95 feet to the point of beginning of said Line "A "; thence South 01 degrees 05 minutes 04 seconds East a distance of 353.00 feet to the south line of said Lot 10 and there terminating. Together with a 10.00 foot easement for drainage and utility over; under and across that part of the above described parcel lying westerly of and adjoining said Line "A ". Area: 44,101 sq. ft. - 1.012 acres PARCEL 2: That part of Lot 10, Block 1, HERITAGE, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of a line to hereinafter be referred to as Line "A ". Said line is described as commencing at the northwest corner of said Lot 10; thence on an assumed bearing of North 89 degrees 58 minutes 07 seconds East, along the north line of said Lot 10, a distance of 124.95 feet to the point of beginning of said Line "A'; thence South 01 degrees 05 minutes 04 seconds East a distaiiee of 353.00 feet to the south line of said Lot 10 and there terminating. Together with a 10.00 foot easement for drainage and utility over, under and across that part of the above described parcel lying easterly of and adjoining said Line "A ". Area: 44,101 sq. ft. - 1.012 acres 1 Proposed Drainage and Utility Easements: A 10.00 foot easement for drainage and utility purposes over, under and across that par I t of the following described parcel lying westerly of and adjoining Line "A" described as follows: That part of Lot 10, Block 1, Heritage, according to the recorded plat thereof; Hennepin County, Minnesota, lying westerly of a line to hereinafter be referred to as Line "A". Said line is described as commencing at the northwest corner of said Lot 10; thence on an assumed bearing of North 89 degrees 58 minutes 07 seconds East, along the north line of said lot 10, a distance of 124.95 feet to the point of beginning of said Line "A"; thence South 01 degrees 05 minutes 04 seconds East a distance of 353.00 feet to the south tine of said Lot 10 and there terminating. A 10.00 foot easement for drainage and utility purposes over, under and across that part of the following described parcel lying easterly of and adjoining Line "A" described as follows: That part of Lot 10, Block 1, Heritage, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of a tine to hereinafter be referred to as Line "A". Said tine is described as commencing at the northwest corner of said Lot 10; thence on an assumed bearing of North 89 degrees 58 minutes 07 seconds East, along the north line of said tot 10, a distance of 124.95 feet to the point of beginning of said Line "A"; thence South 01 degrees 05 minutes 04 seconds East a distance of 353.00 feet to the south line of said Lot 10 and there terminating, #9A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Resolution Accepting Bids and Award of Construction Contract for the 2016 Crack Fill and Seal Coat Project, City Project 16-01 Meeting Date: May 9, 2016 Prepared by: Paul Hornby, City Engineer Reviewed by: Attachments: Resolution, Bid Results Letter, Bid Summary, Location Map Background: The City annually provides for maintenance of City Streets as part of the Street Reconstruction Fund as a seal coating project. Streets scheduled for the 2016 Crack Fill and Seal Coat Project are illustrated on the attached map. The 2016 Crack Fill and Seal Coat Project plans and specifications were prepared as a collaborative project effort with the Cities of Victoria and Minnetrista to reduce overall project costs. The City received bids on Thursday, April 28, 2016, and WSB has prepared a bid results letter with recommendation for awarding the project and summary of bids received. The Lowest responsive bid received is from Pearson Brothers, Inc. of Hanover, Minnesota, with their grand total bid of $332,903.00. The City of Shorewood’s portion of the project bid is $182,020.00. Financial or Budget Considerations: The Capital Improvement Plan budget in the Street Reconstruction Fund is $245,000 for the 2016 Crack Fill and Seal Coat Project. Options: 1.Approve the resolution accepting bids and awarding the contract to the lowest responsible and responsive bidder for the 2016 Crack Fill and Seal Coat Project, City Project 16-01. 2.Reject all bids for the 2016 Crack Fill and Seal Coat Project, City Project 16-01. 3.Take no action on this item at this time. Recommendation / Action Requested: Staff recommends Council approve Resolution 16-___, Accepting Bids and Awarding the Construction Contract for the lowest responsive bid received, submitted by Pearson Brothers, Inc. of Hanover, Minnesota, for the 2016 Crack Fill and Seal Coat Project, City Project 16-01. 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. 16 -___ A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2016 CRACK FILL AND SEAL COAT PROJECT CITY PROJECT NO. 16-01 WHEREAS , pursuant to an advertisement for bids for local improvements designated as the 2016 Crack Fill and Seal Coat Project, City Project No. 16-01, bids were received, opened on April 28, 2016, tabulated according to law, and such tabulation is attached hereto and made a part hereof; and WHEREAS, the City Council has determined that Pearson Brothers, Inc. is the lowest bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Pearson Brothers, Inc. in the name of the City of Shorewood, Project No. 16-01, according to the plans and specifications therefore approved by the City Council on file in the office of the City Clerk. 2. That the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and the next two lowest bidders, which shall be retained until a contract has been signed. th ADOPTED BY THE CITY COUNCILOF THE CITY OF SHOREWOOD this 9 day of May, 2016. ____________________________ Scott Zerby, Mayor ATTEST: ______________________________ Jean Panchyshyn, City Clerk Building a legacy  your legacy. 477 Temperance Street St. Paul, MN 55101 Tel: 651-286-8450 Fax: 651-286-8488 May 2, 2016 Honorable Mayor and Council Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 2016 Crack Fill & Seal Coat Project City of Shorewood, Victoria, and Minnetrista, MN WSB Project Nos. 2925-08, 2168-11, and 2121-73 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, April 28, 2016, and were opened read aloud. Two bids were received. The bids were checked for mathematical accuracy and tabulated. Please find enclosed the bid tabulation indicating the low bid s Inc., of Hanover, Minnesota in the amount of $332,903.00. The E The City of Shorewoods portion of the project bid is $182,020.00. We recommend that each City review their project bid schedule an their portion of the project. Should the City Council award the Pearson Bros., Inc., for their low bid for the City of Shorewood in Sincerely, WSB & Associates, Inc. Paul Hornby, PE Associate Enclosures kkp Equal Opportunity Employer wsbeng.com K:\02925-080\Admin\Construction Admin\2925-08 LTR REC 050216-Shorewood.docx BID TABULATION SUMMARY PROJECT: 2016 Crack Fill and Seal Coat Project OWNERS: CITY OF SHOREWOOD, MN; CITY OF VICTORIA, MN, CITY OF MINNETRISTA WSB PROJECT NOs.: 2925-08, 2168-11, and 2121-73 Bids Opened: Thursday, April 28, 2016 at 10:00 am ContractorBid Security (5%)Grand Total BidShorewoodVictoriaMinnetrista 1Pearson Bros., Inc.X$332,903.00$182,020.00$82,143.00$68,740.00 2Allied BlacktopX$339,471.90$198,932.00$84,640.40$55,899.50 Engineer's Opinion of Cost$378,690.00$220,010.00$84,610.00$74,070.00 I hereby certify that this is a true and correct tabulation of the bids as received on April 28, 2016. Paul Hornby, PE, Associate Denotes corrected figure K:\02925-080\Admin\Construction Admin\2925-08 Bid Summary 050216 #10A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Administrator Search Process Meeting Date: May 9, 2016 Prepared by: Bill Joynes, City Administrator Background: Below please find the proposed schedule for search activities that will commence in June, as discussed at the February, 2016 Retreat: May 9 - Job ad approved by Council June 1 - Advertise position June 30 - Applications close July 11 - Semi-finalists recommended to Council August 1 - Finalists chosen, additional assessment, interviews August 31 - Selection, Employment Agreement October 1, 2016 - Administrator begins The job advertisement is attached for Council’s review. It is strongly suggested that Council consider putting the finalist candidates through an enhanced background review and management style assessment prior to the final interviews in August. Recent experience with the Police Chief selection process indicates an approximate cost of $7,000 for three candidates. Recommended Council Action: A motion approving the Job Advertisement, Proposed schedule, and performing an enhanced background review and management style analysis on finalist candidates prior to the final interviews in August. 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 Administrator The City of Shorewood, MN (pop 7307) is a western Hennepin County suburb on the south shore of Lake Minnetonka, predominately residential with a 5-member City Council, a 5.3 million dollar general fund budget and 20 employees. It is the largest city in a 4-member police, joint powers association and a 5-member fire, joint powers association. The City prides itself on its environmental stewardship and is an active member in various conservation and watershed districts. Requirements include a BA, (MA preferred), in public or business administration with 3 to 5 years of executive experience in a government setting or any combination of related training and experience. Must have knowledge of local government operations, be team- oriented, possess effective communication skills, and demonstrated managerial experience. Experience with Housing, Redevelopment or Economic Development activities a plus. Salary negotiable DOQ. Send cover letter, resume and salary history to: City Administrator Bill Joynes at: bjoynes@ci.shorewood.mn.us. Inquiries to Bill Joynes @ 952-960-7905. Applications close on June 30, 2016. #10B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Approval of Compensation Study Proposal Meeting Date: May 9, 2016 From: Bill Joynes, City Administrator Background / Previous Action George Gmach Compensation Consulting, LLC, has submitted a proposal for a compensation analysis for non-union positions in response to a request for said services. Mr. Gmach has over 30 years of experience in public sector compensation research and consulting. Mr. Gmach has provided detailed outline of services and he anticipates a timeline starting approximately June 1 with completion by mid-July. His not to exceed cost of $2,000 includes some pro bono hours. Recommendation Staff sees this as a great value and highly recommends approval of Mr. Gmach’s proposal for compensation study services in the amount not to exceed $2,000. 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 Geoirge G�rU uch Coins .dboirng„ ]fJl'C April 27, 2016 William Joynes, Interim City Administrator 5755 Country Club Road Shorewood, MN 55331 Dear Bill, I am following up with a cost proposal for services relating to compensation analysis and planning. My understanding is that you have 10 different municipal jobs. You would also like the jobs reviewed for market comparability and possibly evaluated for pay equity. Presently the pay equity points are based on a Hay system study that was a joint effort of several metro cities many years ago. New jobs have been slotted based on their relative content compared to those with points. This project may include use of a newer evaluation system as an option. The following is a sequential breakdown of a typical project of this nature. Activity Hours Cost Gather information about the city functions and jobs in 2 $200 preparation for market analysis and subsequent activities. Any existing description along with a current city budget will be needed. Prepare a table showing comparative demographic and economic 1 $100 information for potential peer market comparison. This data will be gathered from multiple sources and peers will be recommended based on centering the city in the peer group. Thus some peers may be smaller, some equal and some larger. Geographic location is also significant. In this case other lake area cities are logical peers. Review job descriptions and route edits and markups. This step 4 $400 may have several iterations. Gather market data for key benchmark jobs. These are jobs that 4 $400 are most directly compared to jobs in other peer market employers. This can begin as soon as there is sufficient job information to select and describe benchmarks. A survey will be prepared to send to peers. Participants will get a free co Evaluate jobs using a point factor system for internal equity. The 2 $200 hours are reduced due to time spent on market analysis. (Optional) Prepare a report including recommendations for a grade structure 2 $200 that considers pay equity and market. Test for pay equity compliance. 1 $100 Meet with city officials to present the plan (includes mileage and 4 $400 travel time in the hourly rate). Total 20 $2,000 22600 Oakdale Drive, Rogers, MN 15!5'3 "44 gec )rge.gryiacfi@icic.)u(I.cc.)ryi Geoirge G�rU uch Coins .dboirng„ ]fJl'C This is a total turnkey not to exceed. There are opportunities to reduce the cost by assisting with market data gathering. I have calculated hours on the low side and anticipate some pro bono hours to complete the project. My background includes over 30 years of experience working with public sector compensation research and consulting, including most of that time in a senior management role. I served 20 years as a city council member in a city over 5,000 in population. I am semi - retired and now limit my projects to cities and counties in Minnesota. I also serve as lead director for a fraternal life insurance company. If you decide to use my services and we start by June 1, I anticipate a completed project by mid -July. Thanks for your consideration! Sincerely, George B. Gmach Consultant 22600 Oa1�dale Drive, Rogers, MN 15!5'3 "44 gec )rge.gryiacfi@icic.)u(I.cc.)ryi Geoirge G�rU uch Coins .dboirng„ ]fJl'C George B. Gmach Mr. Gmach is a compensation consultant with 30+ years of experience. Prior to his consulting experience he worked for a major manufacturing firm for eleven years, with his final five years serving in training and employee involvement. He worked with the Stanton Group for 12+ years with management responsibility for salary and benefit surveys and compensation consulting. His experience crossed multiple industries and included private, non - profit and public sectors. Mr. Gmach worked at Employers Association and its successor organizations for 16 years and while there was responsible for managing surveys and compensation consulting. He also served as part of the executive leadership group. For the past two years Mr. Gmach continues to work part -time in retirement. His focus is on serving public sector employers in Minnesota. During his career Mr. Gmach has designed and conducted several hundred compensation and benefit surveys and has implemented multiple compensation programs in large and small organizations across all sectors. He has designed and modified job evaluation systems and implemented them in public sector jurisdictions across the region. He has worked with the Minnesota Pay Equity Statutes since their inception. Mr. Gmach currently serves as lead director for a fraternal insurance company. His past experience includes 20 years as a city council member in a metro city with a population of over 5,000. He is vice chair of the charter commission in his community. He is a military veteran and served as a combat medic in Vietnam. He is a graduate of the University of Minnesota with significant post graduate work in law and international business administration. 22600 Oakdale Drive, Rogers, MN 5!! 374 gec )rge.gryiacfi@icic.)u(I.cc.)ryi CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Re: Trail Schedule Update – Galpin Lake Road and Smithtown Road (East) Prepared by Paul Hornby and Brad Nielsen Galpin Lake Road Walkway Schedule – PROJECT IS POSTPONED Planning Commission recommendation to Council re trail segment for following year Council authorizes preparation of survey and Feasibility Report Survey (30 days) – May  Feasibility Report (30 days) – June  Planning Commission review of feasibility report and trail walk – July  Planning Commission recommendation to Council re Feasibility Report  Council approves Feasibility Report  Planning Commission holds Neighborhood Meeting (Open House) 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 7/01/14  MnDOT Review Complete 7/31/14  CC Authorization to Advertise for bids 6/23/14  Open Bids 8/19/14  CC consideration of Award 8/25/14  Land Acquisition Process (start approx. mid-way through plans and specs) Land Acquisition process not required due to design modifications o Individual temporary easements or rights of entry may be required o Reduces project schedule o 10/30/14  Neighborhood post-bid meeting N/A  City possession of easements/letter of compliance  Groundbreaking Ceremony TBD  Begin Construction TBD  Construction substantially complete – Phase 1 Construction TBD  Construction substantially complete – Phase 2 Construction TBD  Ribbon Cutting Ceremony TBD  Restoration complete TBD Page 2 Trail Schedule Update – Galpin Lake Road and Smithtown Road (East) Smithtown Road East (LRT Trail to Country Club Road) Walkway Schedule 6/03/14 Planning Commission recommendation to Council re trail segment for following year 6/23/14 Council authorizes preparation of survey and Feasibility Report /14/14 – 9/10/14  Survey (30 days) – (In Process) 7 /18/14–10/10/14  Feasibility Report (30 days) – 8 10/21/14  Planning Commission review of feasibility report and trail walk 10/21/14  Planning Commission recommendation to Council re Feasibility Report 10/27/14 Council approves Feasibility Report 10/30/14 Planning Commission holds Neighborhood Meeting (Open House) 12/08/14 Council award of land acquisition services and authorizes preparation of Plans and Specifications 12/11/14 - 5/31/15 Preparation of Plans and Specifications (90-120 days) (99% complete) 2/1/15 - 8/31/15 Land Acquisition Process (start approx. mid-way through plans and specs) 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 o 3/23/15 Begin eminent domain action  /03/15 Neighborhood informational meeting (Open House) 6 Council approves Plans and Specifications and authorizes ad for Bids 7/13/15  8/21/15 Receive bids for construction 8/24/15 City possession of easements/letter of compliance Council awards Construction Contract 8/24/15  9/09/15 Neighborhood preconstruction meeting Groundbreaking Ceremony 9/14/15  4/21/16 Begin Construction  Contractor completed tree removal 2/24/16  6/30/16 Construction substantially complete Ribbon Cutting Ceremony 6/30/16  6/30/16 Restoration complete