031207 CC Reg AgP
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 12,2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Lizee _
Woodruff
Turgeon _
Callies
Wellens
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, February 26, 2007 (Att.- Minutes)
B. City Council Work Session Minutes, February 26, 2007 (Att. Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein:
NOTE: Give the public an opportunity to request an item be removed from the Consent
Agenda. Comments can be taken or questions asked following removal from Consent
Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Staffing - No action required
C. Concession Operation Services Agreement (Att. - Director of Public Work's memorandum,
Agreement)
D. Approval of the Park Coordinator Services Agreement (Att. - Director of Public Works'
memorandum, Agreement)
E. Ordinance Amending Seasonal Weight Restrictions (Att - Engineer's memorandum, Draft
Ordinance, Resolution)
F. Recycling Services Agreement (Att. - Administrator's memorandum)
G. Ordinance Amending the Planning Commission Chair and Vice-Chair selection (Att.-
Administrator's memorandum, Draft Ordinance)
H. Approving a License Agreement for Use of Public Storm Sewer System for Peach Circle
(Att. - Engineer's memorandum)
I. Approval of the Agreement with Minnetonka Community Education for Lifeguard Services
for Crescent Beach (Att.-Administrator's memorandum)
CITY COUNCIL AGENDA - March 12, 2007
PAGE 2 OF 2
1. Approval ofa License Agreement for Use of Data with the Minnehaha Creek Watershed
District (Att - Engineer's memorandum, Resolution)
K. Authorize Expenditure of Funds for Sanitary Sewer Maintenance (Att. Director of Public
Works' memorandum)
L. Authorize Expenditure of Funds for Vehicle Maintenance (Att. - Director of Public Works'
memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENT A TIONS
6. PUBLIC HEARING
A. 7:00 p.m. - Public Information Hearing regarding Storm Water Pollution Prevention Program
(Att. - City Engineer's memorandum)
7. PARKS - Rep0l1 by Representative
A. Report on the March 6, 2007, Park Commission Work Session
8. PLANNING - Report by Representative
9. GENERAL/NEW BUSINESS
10. ENGINEERING/PUBLIC WORKS
A. Request for Action by the Hennepin County Regional Rail Authority (HCRRA) regarding
Maintenance on Ditches (Att. - Engineer's memorandum, Resolution)
11. ST AFF AND COUNCIL REPORTS
A. Administrator & Staff
B. Mayor & City Council
12. ADJOURN
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Executive Summary
Shorewood City Council Regular Meeting
Monday, 12 March 2007
. 7:30 P.M. or immediately following the City Council Regular meeting - Work Session
Agenda Item #3A:
Agenda Item #3B:
Enclosed is the Verified Claims List for Council approval.
Staffing - no action required.
Agenda Item #3C: Concessionaire, Russ Withum, has agreed to perform concession services
again, for the year 2007 at Freeman Park, Eddy Station. A contract has been drafted, and
Staff is recommending approval of the contract.
Agenda Item #3D: Community Rec Resources has performed flawlessly over the past three
years to provide park coordinator services. Due to the ongoing effOlis of CRR, both staff
and the sports organizations have provided feedback as to how smoothly the events and
management of the parks has been conducted. Therefore, Staff is recommending
approval of the contract for Park Coordinator Services, as outlined in the agreement with
Community Rec Resources.
Agenda Item #3E:
Amendments for Seasonal Weight Restrictions.
Agenda Item #3F: At the January 22, 2007, work session, Council reviewed the options
available to Shorewood for recycling services that had been developed through a Request for
Proposal (RFP) process undertaken by the six-city Lake Minnetonka Recycling Group.
Following discussion, Council directed that staff develop an agreement with Veolia
Envirolli11ental Services. The recycling services offered by the City and provided through the
Contractor would continue the program currently enjoyed by Shorewood residents for
$2.50/household/month for the next 33 months (with a possibility of a 24-month extension of
the agreement). Staff, with the assistance of the City Attorney, negotiated the agreement
presented and recommended for approval by Council. The new agreement would begin
April!,2007.
Agenda Item #3G: The existing Planning Commission Ordinance states that the Planning
Commission Chair and Vice-Chair shall be appointed by the City Council. Council
directed staff to amend the ordinance to allow for the Planning Commission to appoint
the Chair and Vice-Chair. The attached draft ordinance makes this amendment.
~~".. PRINTED ON RECYCLED PAPER
.....
Executive Summary - City Council Meeting of 12 March 2007
Page 2 of2
Agenda Item #3H: Peter and Nancy Kizilos-Clift of26395 Peach Circle have petitioned the
City of Shorewood to connect to drainage draintile located in the public right-of-way.
The draintile would convey sump pump discharge to the storm drain infrastructure.
Agenda Item #31: Agreement for shared lifeguard services with Shorewood and Tonka Bay for
Crescent Beach.
Agenda Item #3J: Approval of a License Agreement with Minnehaha Creek Watershed
District for use of the Watershed Management Model
Agenda Item #3K: As paIi of the annual maintenance to the lift stations, the City has
requested Braun Pump to perform annual "service checks" for each lift station. This
service includes an independent inspection by the contractor of all the equipment and
pumps, and provide written documentation for any and all deficiencies.
Attachment 1 is the proposal provided by Braun Pump, to repair deficiencies found. Of
the fourteen lift stations, this year lift stations 6, 9, 10, and 11 need work, as documented
in the proposal.
Staff is recommending approval of the proposal, as provided by Braun Pump Inc. and is
to be funded from the local sanitary sewer fund.
Agenda Item #3L: This item is for authorization for the expenditure of funds from the equipment
replacement fund for repairs to Unit 68; one Ford dump truck for an amount of$6,000. Staff
is recommending approval of this item.
Agenda Item #6A: As part of the federal Clean Water Act, the City of Shorewood is required
to obtain a National Pollutant Discharge Elimination System (NPDES) permit. The two
main requirements of this permit are preparation of a Storm Water Pollution Prevention
Program (SWPPP) and subsequent annual reports. Tonight's public meeting is required
as part of the permit. There will be a brief presentation outlining the city's S WPPP, items
that will be included in the annual report, and future work efforts the city will be required
to complete.
Agenda Item #7 A: Public Works Director Larry Brown will report on the March 6, 2007, Park
Commission work session meeting.
Agenda Item #10A: A Resolution Requesting the HCRRA to perform Maintenance on Ditches.
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 26, 2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
CONVENE CITY COUNCIL MEETING
Turgeon moved,
February 12, 2007,
A. Roll Call
1. Mayor Lizee called the meeting to order at 7:03 P.M.
Present.
Mayor Lizee; Councilmembers Turgeon,
Dawson; Attorney Keane; Finance
and Engineer Landini
Administrator
Works Brown;
Absent:
Councilmember Callies
B.
Review Agenda
Wellens moved, Woodruff seconded,
passed 4/0.
2. APPROVAL OF MINUTES
A. City
Wellens moved,
January 22, 2007,
Council Regular Meeting Minutes of
February 12, 2007
the City Council Special Meeting Minutes of
4/0.
Meeting Minutes, February 12,2007
Approving the City Council Regular Meeting Minutes of
Motion passed 4/0.
D.
City
Work Session Minutes, February 12,2007
Wellens moved, Woodruff seconded, Approving the City Council Work Session Minutes of
February 12, 2007, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Wellens moved, Woodruff seconded, Approving the Motions contained on Consent Agenda.
1#2A I
SHOEWOOD CITY COUNTlL REGULAR MEETING
February 26, 2007
Page 2 of 10
A. Approval of the Verified Claims List
B. Staffing - No action required
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
Mr. Willenbring provided a brief
management.
A.
Stormwater Management Regulations
Inc.
and Associates,
There were no matters from the floor presented this evening.
5. REPORTS AND PRESENTATIONS
Administrator Dawson stated that at a January 22,
presentation from Peter Willenbring, a principal at WSB
management regulations. He stated Mr. Willenbring was
a
water
~
~
(1940s - today)
.
.
.
.
Districts (SWCDs)
- Each requires separate approval
Plans (Board of Water and Soil Resources - BWSR)
National Pollutant ~ischarge Elimination System (NPOES) II Storm
Prevention Program (SWPPP) (EP A/MPCA)
NPDES Erosion Control Permits (EPA/MPCA)
City's Comprehensive Plan (Met Council) - due for revision the end of
.
. The City's Storm Water Management Plans (BWSR)
. Total Maximum Daily Load (TMOL) requirements - which would be based on
1988 ECO Region standards (Shorewood is in the North Central Hardwood
Forest ECO region)
. NPDES Nondegradation Plans (EP A/MPCA)
. Wetland Management Plans (BWSR)
~ Metropolitan Surface Water management Act - 1982
~ MPCA Stormwater Requirements: The Federal Clean Water Act
SHOEWOOD CITY COUNTIL REGULAR MEETING
February 26, 2007
Page 3 of 10
>- The BWSR and Met Council requirements regarding stormwater management planning
as part of the City's Comprehensive Plan
>- Options available for consideration for Shorewood's storm water management
. Regional: dry ponds; wet ponds; infiltration basins; in-line treatment structures;
and enhanced performance ponds
. Site: green roof; underground dry or wet wells; rain barrels; and vegetation
. Neighborhood: rain gardens; porous pavement; pavers and/or green parking lots;
filtration; vegetated swales; vegetated filter strip; and bio-retention basins
>- The six levels of Enhanced Performance Ponds (EPPs) - and cons of each
In response to a question,jftmW
the City's update to it~I~1~1:~11 water
prepare a nondegradatidnj. n to d
flow levels from the City w 1
regulations, in particular
changed Shorewood's
but it may not
assess which of the
Mr. Willenbring stated retrofitting a developed area to satisfy all
the TMDL requirements, would be a costly project. The
classification from a developing to developed area for
be classified as developed for storm water planning
regulations must be satisfied first and determine how to
With regard to TMDLs, Mr. Willenbring
suspended solids, the quantity of phosphorus, and the
typical year. The City would also have to demonstrate that
any of those three items. Because there~~s some
advantageous to know those three items as'~ possible so
standards during development or redevelopm; He then
cities to update their storm water plans, and
comprehensive plans.
quantity of
was the City for a
forward the City did not increase
in the City, it would be
could try and meet the TMDL
was common practice for
plan by reference into their
Mr. recommended that as part of
by the MCWD) it would be worthwhile to
suspended solids, phosphorus, and water
levels.
requirements developed for Shorewood; the
loading of 50 pounds per year, which he thought
the plan. The MCWD also identified specific issues that
In response Turgeon, Mr. Willenbring explained there were ranges
and techniques for estimating phosphorus runoff concentrations based on land
use. In response to a Mr. Willenbring stated the City should be able to receive some type
of credit for phospho reduction resulting from the move to non-phosphorus fertilizer. The
challenge would be th<J.t PCA was tightening its restrictions and regulations, which would make it
more difficult to justify that the City should receive a credit for a reduction.
Councilmember Wellens stated unfunded mandates such as TMDL restrictions have a more significant
impact on smaller cities such as Shorewood which are geographically spread out. He commented if the
City could not fund the efforts to reduce the TMDL levels to those required, maybe the City should
challenge the mandate and not comply with it. Mr. Willenbring stated if the City were to determine it
would not be a good use of City funds to reduce the phosphorus loading by 50 pounds in an area, then it
would have to prepare a sound reason for why it could not comply with the mandate.
SHOEWOOD CITY COUNTlL REGULAR MEETING
February 26, 2007
Page 4 of 10
With regard to the enhanced performances ponds (EPFs), Mr. Willenbring explained if a flocculation
system was incorporated into an EPF (a level 5 EPF) the system (which was a two-stage ponding system)
could increase phosphorus removal rates from less than 60% to over 90%. For existing NURP ponds, a
small cell could be created next to it and the flocculants would be added to that new cell (possibly on a
monthly basis). The water in the new cell would be cleaned up first; and then all future storm water
would flow through the cell with flocculation before entering the NURP pond. In response to a question
from Councilmember Turgeon, Director Brown explained the Gideon Glen area could be used for an
experiment for the above system, but he had concerns with the cost of cleaning out the cell which
contained the flocculants.
Arctic Fever
from Turgeon,
donors for the
pavers, Mr. Willenbring
would be to take a
could occur 24 hours a
ti Ie was installed
cited
where the
In response to a question from Councilmember Wellens with
stated porous pavers only work when it rains (on an event basis).
storm water pond and pump the water into a drain tile system,
day; therefore infiltrating water would be being removed
four feet below the ground that pumping could continue
a project similar to that which was done in Maple
City could pump the water to because of the water
Mayor Lizee thanked Mr. Willenbring for the informative a superb job of
outlining the challenges the City faced to preparin 1P:\an that would address all the storm
water management mandates and options for ad~v
hoped Mr. Willenbring would continue to City on these
6. PUBLIC HEARING
None.
7. PARKS-
A.
Held February 13, 2007
considered and actions taken at the February 13,2007, Park
of that meeting).
, be provided with a contributions/expense recap of the
to planpg activities for the 2008 Arctic Fever began. In response to a question
Brow I~tated the City had received donation payments from the two largest
8. PLANNING
A. Planning Commission Chair and Vice-Chair appointment
Administrator Dawson stated the Planning Commission met on February 20, 2007, for the purpose of
nominating commissioners to the positions of Planning Commission Chair and Vice-Chair. The City
Code still required that the Council appoint those officers. Dawson recalled that during the recodification
process a few years ago there was agreement to change the provision in the Code so that the Planning
Commission would make those appointments; that practice would have been consistent with the practice
used for the Park Commission. That change did not appear in the final version of the new Code.
SHOEWOOD CITY COUNTlL REGULAR MEETING
February 26, 2007
Page 5 of 10
Councilmember Turgeon stated she recollected these discussions, and there had been agreement that it
should be the responsibility of the Planning Commission.
Turgeon moved, Wellens, Appointing Scott Schmitt to the Position of Planning Commission Chair
and Bob Gagne to the Position of Planning Commission Vice-Chair. Motion passed 4/0.
Turgeon moved, Woodruff seconded, Approving a Text Amendment to the City Code to Assign
Responsibility to the Planning Commission for Appointing the Positions of Planning Commission
Chair and Vice-Chair.
Administrator Dawson stated that Council
March 2008 at a Council work session on
list. Councilmembers had forwarded their
since tabulated the results, which were
Planning Director
Motion passed 4/0.
In response to a question from Councilmember Turgeon,
Nielsen was planning to attend the March 6, 2007, Planning
9. GENERAL/NEW BUSINESS
A. Goals and Priorities
goals for April 2007 through
time Council added items to the
and low) to him. He had
over the last few years.
Administrator Dawson explained that items
of zero for tabulation purposes. Woodruff
the tabulated list only had 31 items on it.
sure all the original items were on the tabulated
helpful to have a timetable for when the goals would be
was the next step in the process.
activities
things that are part
Council that the items on the list were not all-inclusive of all the
Dawson explained the items on the list did not include
of activities.
Turgeon moved, seconded, Approving the Goals for April 2007 through March 2008 as
Prioritized. Motion passed 4/0.
B. Park Commission Appointments
Administrator Dawson stated the term for three Park Commissioner seats would expire on February 28,
2007. Two of those three commissioners, Sue Davis and Josh Trent, had expressed an interest in
continuing to service on the Park Commission. No other candidates had applied.
SHOEWOOD CITY COUNTIL REGULAR MEETING
February 26, 2007
Page 6 oft 0
Wellens moved, Woodruff seconded, Approving RESOLUTION NO. 07-017, "A Resolution
Making the Appointments of Sue Davis (3-year term) and Josh Trent (3-year term) to the City of
Shorewood Park Commission". Motion passed 5/0.
C. Discussion of Motion regarding Financial Reporting
Administrator Dawson stated that Councilmember Woodruff asked that Item 9.C and Item 9.D be placed
on the agenda for final action. Both of the items were introduced by Woodruff as motions at a January 8,
2007, Council meeting and they were continued to a February 12,2007, CO 'J work session for further
discussion. At the work session, there was Council consensus that a 111'al1cial monthly summary
report ("Sample 1") was the preferred format for interim financial and that report would be
placed in the Councilmembers' in-boxes at City Hall when There was also Council
consensus to continue with the current practices regarding
In response to a question
need to take any further
regard to direction on
minutes of that
(which was
pa,bilities. He
Hlwere better
g tools used to
Councilmember Woodruff stated it was his
planned to be installed during the second half of
then stated that the "Sample 1" report would be
reporting tools available with the new financial system
generate the monthly reports.
Councilmember Woodruff also stated he
authorizing expenditures in 2007. He stated t
he would attempt to address his concerns about
to the current practices for
2008 budgeting process
Dawson explained there was no
two consensus was reached with
work session and that was documented in the
for process and she appreciated Councilmember
could be used.
Practices for Authorizing Expenditures in 2007
E.
Control Policy
Administrator
Internal Control Policy
at the February 12,2007, Council work session Council suggested the draft
placed on a future agenda for consideration and approval.
Woodruff moved, Turgeon seconded, Adopting the City of Shorewood's Internal Control Policy as
Presented.
Councilmember Wellens questioned if there were controls to prohibit the following hypothetical
situation. The City Administrator had authorization to approve expenditures up to $5,000. What controls
exist to prohibit someone from breaking an expenditure in excess of $5,000 into multiple invoices in
order to not exceed that authorization cap. Director Burton stated it was difficult to have a policy that
addressed every possible scenario. She then stated a situation such as that would be unethical, and it had
SHOEWOOD CITY COUNTlL REGULAR MEETING
February 26, 2007
Page 7 of 10
not occurred at the City. If a similar hypothetical situation were to be tried to circumvent the bidding
process, it would be detected by the auditor as the auditor checks for situations like that. She also stated
she was not sure how to adequately address Wellens' concern with the policy. Administrator Dawson
stated the Mayor and Councilmembers did not have any authority to direct how invoices were prepared.
Director Brown stated the auditors pay special attention to those types of hypothetical situations. He then
stated there were times when the costs for the design phase of a project were handled as a separate
project to ensure the City would not accept a low bid on the design component.
Motion passed 4/0.
fll"
"~I ~ ..1 ~
~..,,:l.~;! :' c.. .', I.:1. \ ,
F. Continued Participation in Southshore Center an~tfiM<<h>,r Programming matters
8.?>,.";:;';":il
,> , " : -; ! ~ -~ :.
"-:'.:':'X _c_.:,:':>'
Administrator Dawson stated that he, Mayor Lizee, and Councilm~wber Tutg~~\1;attended a forum of the
five South Lake Minnetonka cities which was convenedb~il~r,ni(k Comlml\i)mi!~ervices (SCS). The
purpose of the forum was to start discussions about the S~ffF/1~hore Center buildin~Wmrobligations of the
Friends of the Southshore Center and the cities, and fi9"rt~ing of seli~or programmi~i@i~MI icei~' He stated
there was group consensus that it would be beneficia~f~~l~~ntinue theltdiscussions, and tH; jority of the
work would be done by a committee. He stated he was voml1t~Y1:ed hq>IU~lqn the committy'
1lllllllllP i'
The major items that had been identified fOlilf~ture discussion wet~Ui!h
'fllln
~
~
)QuId relieve tHel"~\rrlds oftheir obligation to pay
current agt~~ment, the cities paid for the
UnlrfJiri~nds were responsible for all
'f~~lacement costs.
replacemetit' plan.
should continue contributions for senior
be reallocated among the five cities.
~
Turgeon after the meeting, and it was decided
whether the City should participate in future
good discussion at the meeting. She was disappointed
$137,000 among the five cities, without any explanation
issues of funding and expenses had been surfacing over the last few
would want to change the current agreement (which specified the
of the building expenses or programming services); she noted the
JP A had raised concerns with some Councilmembers. She also stated
the City had made gene s contributions to SCS in the past. She then noted that the Friends had done a
!
superb job of keeping the Southshore Center operating.
Turgeon then explained two options that could be considered: 1) if future discussions were going to
strictly be about how to divide the $137,000 among the five cities, then there did not appear to be any
reason for Administrator Dawson to participate; or 2) if the discussions were to include a presentation of
how the operation of the Southshore Center and the program services provided by SCS had changed over
time, then Council should provide Dawson with direction as to how Council may want to provide
financial support to the Southshore Center and SCS. Mayor Lizee stated she thought continued
SHOEWOOD CITY COUNTlL REGULAR MEETING
February 26, 2007
Page 8 of 10
discussions would address what had changed. Turgeon stated that what Dawson understood would
happen in future discussions was not what she thought was outlined at the meeting.
Mayor Lizee stated she did not think Ben Withhart (Executive Director of SCS) had only wanted to
determine how to divide up the $137,000. She understood him to say there were changes in services
provided and in funding; the building was built and paid for, and the last of the bonds for the building
would be retired in 2008. She stated there were items that the five cites and the councils needed to
discuss and address.
Councilmember Wellens
revisit the EFD JP A;
change.
and that it would not
if the objectives of future
whether or not Dawson
to provide
Councilmember Turgeon stated she wanted to ensure the process would
consume a great deal of Administrator Dawson's time. She suggy;
discussions could be agreed to at the next meeting; then Council C511jf~dfd
should continue to be involved. She thought it would be prudeH~Ufor
Dawson with their comments prior to the first committee
Mayor Lizee stated it was important that Council
wanted to achieve by working together with SCS
Councilmember Woodruff stated he thought it was
information on the sources and uses of funding,
appeared that the major items identified
long way toward providing that information.
committee with the goal of preparing an actio
that type of agenda was not agreed upon then it
Council would be provided
derived from the funding. It
Dawson's memo would go a
attending the first
that type of information; if
use of Dawson's time.
an with Deephaven's request to
by presenting rationale for discussing a possible
Mayor Lizee stated the the cities for the Southshore Center were
ilL")' t '
quite different, ~l'~n~ ,JI~A was a ;~)1g" docu the CIP and budget were approved yearly,
while th~.l.'ag~'eement' Wi~j~!t~e..,Sou l~"~~f Center was entered into when the building was built and the
mai~i~n~ltl~l~eeds ofthe BUJij1m~ werelq~JI~€t'dressed nor were program changes for seniors addressed.
, :: ::~' , ): ': ! :: 1-: t ~. ~. .' :"
Administr~t~vl~I~:vson statedtnm this tbpic arose in 2006 when there were discussions regarding the
need to increas~IRmgram fundill~; and when the Friends Board conveyed its concerns with its ability to
raise the funds ne~ijn~~ry for tnWlong-term care of the building. It was at that time that SCS offered to
convene a forum for.t\1l~Ritie$nt;b discuss those items.
lilllwP1'
Jerry Brecke, Presidentipf the Friends Board, stated he was relatively new in that position. The Friends
were concerned about tile current agreement because it would require that the Friends fund major repairs
or improvements (e.g., a new roof) to the building. He then stated Federal budget cuts and United Way
cuts had a significant negative impact on SCS's ability to continue to provide all the current programs.
He went on to state that he would encourage the dialogue. He then commented that he would be willing
to present Council with an update on the Friends Board's activities on a quarterly.
Mayor Lizee stated recapped that there was Council consensus to continue to participate 111 the
discussions provided the objectives for the discussions were agreed upon by Council.
SHOEWOOD CITY COUNTlL REGULAR MEETING
February 26, 2007
Page 9 of 10
10. ENGINEERING/PUBLIC WORKS
None.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1.
Peach Circle Neighborhood Meeting update
"~I
,Ilift \j
Director Brown provided an update on the Public Information meeti~l~l~~\~t was held on February 19,
2007, for Peach Circle residents. He stated Mayor Lizee and Coun1illll~r:rti:l~pl~urgeon were present at the
meeting. He noted all but one of the residents were present at tl~e l~~eting.Ht!~I~~plained that on the next
regular Council meeting agenda there would be an item fOf~lffi~N~:1ci!l's consia~~~,\~n and approval that
would allow the residents to use public infrastructure to n~jpr~ate their drainage issu;4~hk
n,~,:
In response to a question from Councilmember Turge~ij,lI~Arector
Gurney had drafted a resolution to formally request tl1M!;
(HCRRA) to address the storm water problem, but the deci
until comments from the residents had
B.
2007, from 7:00 P.M. - 9:00
and Transit Policy
would be present to discuss
been a meeting for mayors last week which she
hearing, and she encouraged other
was in support of installing a light rail
to happen, it would be likely that light rail would pass through
Turgeon, Mayor Lizee stated the components of the
Councilmember
work session meeting.
if Council would want to discuss the topic of light rail at a future
Mayor Lizee stated it would be beneficial for Council to learn about the transportation issues and what
current and future plans were. She then stated she had attended meetings during the last two years where
various modes of transportation were discussed; and during those meetings nothing was ever presented
that indicated light rail would reach any further than Eden Prairie or Hopkins. Councilmember Wellens
stated the property marker signs that had been put up in Shorewood were put up for some reason.
Mayor Lizee stated the South Lake Excelsior Chamber's Party of the Year would be held on March 2,
2007, from 6:00 P.M. - II :00 P.M. at the Bayview Event Center.
SHOEWOOD CITY COUNTIL REGULAR MEETING
February 26, 2007
Page 10 of 10
Councilmember Woodruff provided an update on the LMCC quarterly group meeting which was held last
week; 9 of the 14 member cities were represented at the meeting. Mediacom rates for internet access and
premium digital channels were going to be increased. There was a non-commercial radio frequency
available in Spring Park, and the question arose as to whether or not the LMCC should apply for it. There
was lengthy discussion regarding an FCC ruling regarding entities coming into a city and wanting to
install a cable system, and what were the rights and obligations of a city to evaluate such a request. The
attorney for the LMCC was directed to prepare an application the LMCC member cities could use to
handle such requests. The LMCC was going to review the LMCC by-laws and possibly draft a text
amendment to the by-laws.
ATTEST:
26,
Councilmember Turgeon stated "no snowmobiling signs" were not
concerned with the damage that could be done to the
Director Brown stated he would review the City's ordinance
handled.
12. ADJOURN
Turgeon moved, Wellens seconded, Adjourning the
2007, at 8:49 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, FEBRUARY 26, 2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M. or Immediately following
the Regular City Council meeting
MINUTES
2.
A. Roll Call
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Lizee called the meeting to order at 9:01 P.M.
Present.
Mayor Lizee; Councilmembers
Dawson
Adm inistrator
Absent:
Councilmember Callies
B.
Review Agenda
Without objection from Council, Mayor
for the meeting.
OF THE SOUTHSHORE
. Hallin, both members of the Friends Board, had
rpe Friends Board and Council.
l'
Council an opportunity to meet with the City's
understanding of activities planned for those commissions as
that may be of interest to the Councilmembers. He stated the
evening: Patrick Hodapp, representative to the Lake
(LMCC); Tad Shaw, representative to the Minnetonka
Council; and Tom Skramstad, representative to the Lake
Councilmember when he had read LMCD/LMA repOlis that had been distributed in a
Council mail packet across the topic that the LMCD may consider recommending the closure of
certain boat launches 0 ake Minnetonka and to have the DNR charge boat-launch fees. He was not
sure that was the direction the Council wanted to promote, and he had not recollected any discussion by
Council during his tenure regarding the topics. Mr. Skramstad stated he had presented those topics to
Council before, and at that time he had clarified those were just ideas.
Councilmember Wellens questioned why an organization like the LMCD wanted to implement practices
to protect an individual lake (Lake Minnetonka); he thought the practices should be implemented State
wide.
1#2B I
CITY OF SHOREWOOD WORK SESSION MEETING
February 26, 2007
Page 2 of 5
Mr. Skramstad stated the LMCD had numerous meetings with the Department of Natural Resources
(DNR) to discuss invasive species prevention and treatment. The LMCD had responsibility for Lake
Minnetonka only. He stated that the DNR took an education approach to the prevention of invasive
species. The LMCD thought the education approach was good, but not sufficient. He stated the DNR was
not in support of charging boat-launch fees or eliminating access points to the Lake. The LMCD asked
the DNR to assist with identifying possible ways to stop the spread of invasive species. He complimented
the DNR for its efforts, and he noted the DNR lacked sufficient resources to address all the issues. He
stated a pilot program referred to as "red lake/green lake" was tried at Mille Lacs; it entailed a
sticker being placed on a boat which was infected and that boat could not at any other site on
Lake Mille Lacs. He stated it would require State legislative actions a program similar to
that on a state-wide level; and the LMCD was working with to try and make progress
nationally with regard to invasive species control.
Council member Wellens suggested that
fees.
was to communicate
provide input on
Councilmember Turgeon explained she thought one of the
to the City's representatives on the boards that
possible directions or actions the commissions may
Mr. Skramstad stated the topic of invasive species
made before Council in 2006.
he
input on ideas such as boat-launch
Mr. Skramstad stated the LMCD had funded
the Lake for the last six ye LMCD
Residents were surveyed
resources for many
member cities
generated from
at some of the ramps on
pilot program in 2006.
stated lacked people and financial
ajority of the LMCD's funding was from the 14
from the Save-the-Lake fund which was
the Save-the-Lake fund.
boat-launch video inspections would be
the control of the spread of zebra mussels.
qiil/lltt
Mr. tad stated he' i~t~ld
betwe ~h~ Council, the LN4:~m,
fl,Ui!l.:. 'tn:~il_l
~~;:~;;I~:~~h~:~~:~~~I~l~~i~; ::~':tf~~:;. i~:' t~:r~~;;:;I;~a:~~~s S~~:~~I~r:;:l~ ~~;~~~a~:t~
if CouncilmembePsl~ould off~tllt1eas.
'!!lll1h!llllllllllt
Mayor Lizee thankedqt<<~Wepresentatives for taking the time to attend the work session. She stated
Council would appreciJie having quarterly reports, at a minimum, from the representatives, and
Councilmembers should take the initiative to contact the representatives if they have questions or
concerns. She went on to state the appointed representatives were responsible for making the correct
decisions based on input from the Council and the community.
interested in identifying ways to enhance the communications
Mr. Shaw stated his experience with the MCE had evolved in a negative manner over the last few years.
He stated that from his vantage point, the MCE Advisory Council had evolved to a "public relations
board", more of a communications vehicle; the MCE program had moved from having focus on the
member cities needs to being strictly a school program. In the last two and one-half years the only action
he had been given the opportunity to vote on was the approval of minutes. The MCE Advisory Council
CITY OF SHOREWOOD WORK SESSION MEETING
February 26, 2007
Page 3 of 5
used to have 22 members and a minimum of 18 of those members used to attend the meetings. Today
there are 40 members on the Advisory Council, and 12 members attended the meeting earlier that day.
In response to a question from Mayor Lizee, Mr. Shaw stated an advisory council was mandated by State
law for community education. There was comment that mandate did not require that the City be
represented on advisory council.
flit
Mr. H
wanted
also had
by-laws.
Council and the
He was encouraged by
was also encouraged by
Mr. Shaw stated there had been positive changes in MCE, MCE
Superintendent interactions after MCE Executive Director Litfin had
the fact that the members had received a preliminary MCE budget for
the actions taken by Mr. Liftin to improve communications.
Councilmember Turgeon questioned if there would be benefit
Council requesting clarification ofthe role of the member
a letter to the Advisory
Mayor Lizee stated it sounded as if the Advisory
active organization. Mr. Shaw stated he could
City Council, but that did not mean he could take
Mr. Hodapp stated he was enjoying his
past; he had been extremely frustrated a
long time; and the member cities'
JP A had not been kept in sync with the
new members of the LMCC and the LMCC
Committee and he served as t to
a review of the LMCC
ensure that the City's
preserved.
LMCC more now than he had in the
LMCC had been in existence for a
minimal. The LMCC by-laws and
it was more difficult for
was new to the Executive
should operate. He stated
it was important that the City
than some of the other member cities) be
Mr. Hodapp
decision-
Governm
Comm'
Executive Committee may have too much
to raise fees for Public, Education, and
e by the Committee without presenting it to the full
in spite of his objection.
as Treasurer he had identified a few key improvements he
accountants, and it had installed new financial software. He
lead the task of review, and possible revision, of the LMCC JPA and
Mr. Hodapp occurred in 2006 (before he had the position of Treasurer) where he
thought the LMCC Committee acted beyond its authority. He stated the Executive Committee
had voted to increase budget mid-year 2006 by 10% without approval from the member cities'
councils. He suggested that member cities remind the Executive Committee that a majority of the city
councils' approval was required to approve the LMCC budget. He stated the Executive Committee did
not require approval from the councils to spend the LMCC general fund reserves; from his perspective
the LMCC should manage to the budget the councils had approved. In response to a question from
Hodapp, Administrator Dawson explained it had been past practice to obtain approval from the member
cities' councils if there were going to be extraordinary expenses that would exceed the bottom-line
approved budgeted expenses; he also explained there were situations where those expenses were
emergencies and prior approval could not be obtained, and there were also situations when the expenses
were discretionary and prior approval was obtained. Councilmember Turgeon expressed concern with the
CITY OF SHOREWOOD WORK SESSION MEETING
February 26, 2007
Page 4 of5
approved LMCC budget being increased without prior approval from the member cities' councils.
Dawson stated if the budget contained contingency funds for expenses, and the expenses were within the
contingency, then that was considered part of the approved budget. In response to a question from
Councilmember Turgeon, Dawson stated it would be appropriate for Mr. Hodapp and him to work to
clarify the lP A to more clearly reflect the budget approval requirements.
Mayor Lizee encouraged Mr. Hodapp to work with Administrator Dawson on the LMCC lP A and by-
laws review/ revision process because of Dawson's extensive experience lPAs. She thanked Mr.
Hodapp for bringing his concerns to the attention of Council. Dawson LMCC had good legal
counsel that could be of assistance. Lizee then stated it was important process when addressing
concerns with the lP A or current operating practices.
Mr. Hodapp request I
an update on LMCC
in Public, Education,
become involved in
instrumental in
Mr. Hodapp expressed concern that there was no public hearir\
and Government (PEG) access fees. He suggested more of
the decision making process. Councilmember
increasing the fee from fifty-cents to 85-cents rather
Mr. Skramstad stated the LMCC was run
organization, it was run by a set of by-laws, it had
abided by open-meeting laws. Administrator Dawson
organization, it had to adhere to the same of
The LMCD government
oversight of its financials, and it
the LMCC is a joint powers
Councilmember Woodruff offered his assis
Administrator Dawson stated'
PEG access fees; but not to;
to recommend an increase in
the entire Commission.
dates for when he should provide Council with
Dawson clarified Council and Staff did not
copies of minutes and brief memos.
access
was a need
what direction
Councilmember
streaming of
what additional inputs he would like to receive form Council
Hodapp stated: programming services were doing well;
was funded by cable users yet it was available to anyone internet
~on for the expense and rate increases in 2006); he was not sure if there
.Jnnels when there was video-on-demand availability; and he questioned
to take regarding wireless services. Both Councilmember Turgeon and
a they did not think there was a need for video-on-demand and live-
Mr. Skramstad commented that the LMCD had coordinated a meeting in November 2006 with various
people (city mayors and other individuals) to discuss invasive species, and the City was not represented.
He also cited that when the LMCD sends a copy of a multiple-dock application to the City, it generally
does not receive any response back.
Mr. Skramstad stated he would forward any requests he had of Council to Administrator Dawson for
distribution to Councilmembers.
CITY OF SHOREWOOD WORK SESSION MEETING
February 26, 2007
Page 5 of 5
There was discussion regarding the dual-track approval process required to authorize docking the EFD
fire boat at the Shorewood Yacht Club.
Mayor Lizee stated that the representatives for any of the boards should feel free to communicate with
the Council via Administrator Dawson.
There was agreement that the City would acknowledge receipt of information from the various boards.
Craig W. Dawson,
of February
3. OTHER
There was no other business presented this evening.
4. ADJOURN
Woodruff moved, Wellens seconded, Adjourning
26,2007, at 9:57 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
PAYABLESAPPROVALS
For 03/12/2007 Council Meeting
J" !ljV~ Jj
Prepared by~}) i2:liL"--7 <- :e.72/L-jJL . Date:
/ J, )' j/""
Michelle T. Nguyen, Sr. Accounting Clerk
Reviewed by: Date:
Bonnie Burton, Finance Director
Approved by: Date:
Craig D son, City Administrator
1f 311
PAYROLL APPROVALS
For 03/12/2007 Council Meeting
Prepared by~J!Zlt--/ (1~t17(/ Date:
Michelle T. Nguy n,lSr. Accounting Clerk
Reviewed by: Date:
Bonnie Burton, Finance Director
Approved by:
Craig Da son, City Administrator
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
March 7, 2007
RE:
Approve Agreement for Concessionaire at Freeman Park
Concessionaire, Russ Withum, has agreed to perform concession services again, for the year 2007 at
Freeman Park, Eddy Station. The City Council may recall that the City has issued Requests for
Proposals several times previous to Mr. Withum agreeing to provide these services, to no avail. The
City has even attempted to run the operations with a combination of city staff and contractors. All
of these ventures were very time consuming and failed to make a profit.
Since that time, Mr. Russ Withum has agreed to run the operations for a flat rental fee of $1,300
plus $100 for every tournament. This type of agreement has worked very well, in that the City has
not needed to get involved in tracking the vendor's sales, profits and/or and losses. The fee
collected is a flat rental fee for the space.
The City has traditionally viewed this operation as a service to park users, versus a profit center.
Thus, the rental fee is a reasonable rate to insure that the vendor stays interested in providing these
services, and the City recoups some utility costs for the space.
The City receives several comments each season regarding how players and spectators have enjoyed
the services and thanks the City for providing such services.
Staff is recommending that the contract for providing vending service be renewed for the 2007 year.
Attachment 1 is the signed agreement by the vendor, and is recommended for approval by City
Staff.
Recommendation
Staff is recommending approval of the attached agreement for concession services at Freeman Park,
Eddy Station, with Mr. Russ Withul11.
"t~"" PRINTED ON RECYCLED PAPER
.....
:#3(2,.
Independent Contractor
Concession Operation Agreement
By and Between City of Shorewood and Contractor
THIS AGREEMENT, made this day _ of
,2007,
by and between the City of Shorewood, Minnesota, a Minnesota municipal corporation with its
offices located at 5755 Country Club Road, Shorewood, Minnesota 55331 (the "City") and
Russ Withum (the "Contractor") .
RECIT ALS
WHEREAS, the City is engaged in the business of providing municipal services including
park and recreation opportunities within the corporate limits of the City. The City has constructed a
concession/restroom/picnic facility in Freeman Park within the City known as Eddy Station; and
WHEREAS, the City desires to provide concession services to the patrons of Freeman Park
through the facility of Eddy Station; and
WHEREAS, the City further desires to enter in to an agreement with the Contractor for the
operation and provision of concession services.
NOW, THEREFORE, the pmiies agree as follows:
1.) Schedule of Operation. Contractor agrees to provide concession services Monday
through Sunday, from 5:30 to 8:30 p.m., commencing on or about May 1 or whenever the first
organized sports events begin. Concession operations will continue through August 1, or whenever
Freeman Park ceases its summer use by MGSA, Adult Softball and Tonka United Soccer.
Contractor agrees to coordinate operations with the Park Scheduling Coordinator.
2.) Contractor Responsibilities.
a.) Contractor agrees to be present each day for opening, tra1l11l1g of sales
volunteers, and all duties involved with closing the operation at the end of the day.
Contractor agrees that if for any reason he is not able to be present for any period of time,
while the concession operation is open, he will be available by pager or cell phone for
immediate assistance at the site.
ATTACHMENT 1
b.) Contractor agrees to be responsible for the cleaning and maintenance of the
conceSSIOn area.
3.) Contractor Payment. The Contractor agrees to pay the City $1,300 plus $100 for
every tournament. Payment due to the City August 20, 2007.
4.) Purchasing. The Contractor agrees to purchase the necessary products and supplies
associated with concession sales at Eddy Station.
5.) Equipment. The City agrees to provide the hot dog machine, popcorn machine, cash
register, pop cooler, refrigerator and coffee machine.
6.) Termination. Either party may terminate this Agreement, without cause or reason,
upon thirty (30) days' written notice to the other party. Either party may terminate this Agreement
without notice for cause. "Cause" includes, but is not limited to, dishonesty, failure to meet
deadlines, criminal conduct, or breach of this Agreement.
7.) Status of Contractor. As intended by both parties, this Agreement calls for the
performance of the services of Contractor as an independent contractor and Contractor will not be
considered an employee of the City for any purpose.
a.) The manner and means of performance of Contractor shall be entirely at
Contractor's discretion. Contractor is free to employ personnel to assist Contractor in
providing services to the City, but such employees shall be Contractor's responsibility and
not that of the City. The City shall not provide Contractor or Contractor's employees or
agents with any benefits from the City such as workers compensation insurance,
unemployment insurance, health insurance, income tax withholding, or social security
contributions. The City does not control the performance of Contractor and Contractor
accepts all risk of profit and loss flowing from the services provided under this Agreement.
All expenses, must be borne by Contractor and shall not be reimbursed by the City. Those
expenses include furnishing Contractor's place of work, payroll expenses, taxes, and
1l1surance.
b.) Contractor shall conspicuously identify himself to all persons and
organizations as an independent contractor and shall not represent or imply that this
Agreement authorizes Contractor to act as an agent for, or on behalf of, the City. Neither the
City nor Contractor shall be responsible for any agreement, representation, or warranty made
by the other, nor shall the City be obligated for damages to any person or organization for
personal injuries or property damage arising directly or indirectly out of the conduct of
Contractor's business or caused by Contractor's actions, failure to act, conduct or negligence.
8.) Indemnification. Contractor agrees to indemnify and hold the City harmless from and
against any and all claims by or on behalf of any person arising from Contractor's actions, failure to
act, conduct, or negligence while performing services pursuant to this Agreement unless such
damage or liability arises from or in connection with faulty or defective materials or facilities
provided by the City.
9.) Entire Agreement. This Agreement contains the entire agreement between the parties
and no amendment hereto shall be valid unless made in writing and signed by the parties. There is
merged herewith all prior and collateral representations, promises, and conditions concerning
Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements
between the parties relating to the subject matter of this Agreement All agreements as to payments
to be made to Contractor for paliicular projects must be in writing.
10.) Severable. In the event any portion of this Agreement shall be held to be invalid the
remainder of the Agreement shall continue in full force and effect.
11.) Notices. Any notice required or permitted to be given under this Agreement shall be
sufficient if it is in writing and sent by registered or certified mail to Contractor's residence or to the
principal office of the City, which ever shall be applicable.
12.) Governing Law. This Agreement shall be construed and enforced in accordance with
the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
By:
CONTRA~
By .. .~
CITY OF SHOREWOOD
Its:
'CITY OF.
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
March 8, 2007
RE:
Approval of Contract for Park Coordinator Services
Attachment 1 is the agreement for Park Coordinator services.
Community Rec Resources has performed these services flawlessly over the past three years. Due to
the ongoing efforts of CRR, both staff and the sports organizations have provided feedback as to how
smoothly the events and management of the parks has been conducted.
Recommendation
The proposal provided is within the amounts budgeted for the 2007 year. Therefore, Staff is
recommending approval of the contract for Park Coordinator Services, as outlined in the agreement
with Community Rec Resources.
::;:F 3 D
l'\ PRINTED ON RECYCLED PAPER
....
Mar U!:l U'/ UO: 44p
Mar 08 07 04:29p
Mdr OS 07 11:45a
William KeeFe
Kristi Anderson
Cit.l:;l ShcreeJoad
CDc-oDU-l~~U
952-471-0808
9524740128
! mh'Ij},'ndcnt Contractor' Agn'cmcnt
For Pmrk ~tHf Recreation Coo,dioator Ser'\'ic~s
-.;.i- -
THIS AGREEMENT, mmk :bi~ ~_ day 01- -.)CI0Y-.RC:j ,2007, by and
between the City ~)f ShOl'ewood. !V!illiH:~o:a. a T'"linnesotll mUllicip~1 coqwn.lli(lll. ,,-ith ils ()ffiCt;;~
located at 5755 Country Club R(li1i.L SihHcwood, ;vlinnesot3 5533 I (the "City'") and Communil)'
Rec. Resources, 1408 Baldul' Park R!),ld. \Vayzma, Minnesota 55:;1)[ (the nContl'a..:tor").
RECITALS
WHERE..\S, the City desires W l'llg41gc a vendor to provitk scrvict:~ l(l a~sisl with the
operation and management of cel1ain park filciJili~s within the City: and
\'\!lIEREAS, the City furthel' lksil'cS to l:l1tcr into ;,'.11 agreeml::nt wilh the Contractor for
the operatiDI1 a.nd pruvision oC park and l'i:crcatioll l1lanagelllGl1t sa\'ic<:~_
NO\V. THEREFORE. thl.:: pariic,'i agree as follows:
I. Scope Cl]' St;:rvices. lk:i..:d (In th<.: detailed Scop,-= nf S(;rviec's and R~qll~st for
Proposals 01'2002, Cummunity R<.:c_ Rl'Slnlrcc~ will prO\'iue (but is not limited lO) tkld
scheduling, coordination, liaiscm services on be'lalf (If lhe. City uf Shorcwnod \-vilh the variolls
sports organizations as an immcdiarc '1atll\va~'- 1<> a solution.
a. Utili:te upprnp;'i:'!ll' soft,,\'arc to schedule fidd speciJiI: uses f,)r rllC City
Parks,
b. Assist the CIty nl- Shorcwood \'l.iilh the cOOl'dinmioll, prcparali(lll, and
execution of seasonal meclings with sports organizations.
t.:. Issuance <, r ,ign:C:Il1Cllts in accordancl; wilh park pllliey.
d. Collect :lCl'ep~. and rc,>jcw appropriate doeunlc:l1atioll ]"wm each
candidate or'ganizatioll,
e. !5suullcc lIf"li;:ld permits" (() IItilil.l' faciliti.os.
f. Work with stJ:'lt) ~oordinaLC equity ba~~d 011 City 1'01 il::.
g. Provide cOlltinuilY in representalion h) lhe Spons Organiz<:Iliorls ,mtlthe
Cil)'_
h. Prepart: and .Jislrihllte quarterly and annuLl} p.~lgr~ss rcpons regarding
field usage and continut:d impn1Vcl1lt'l1b to the Park Coordinator Po::il illl1.
2. Fces Cor Prole~siol1(l1 Services_ Tht: minimum estimaled timc alloc.;;>.tioo equales
10 approximately 150 - 225 Contract..),' l1nurs each sprinl; and t311 period. with additional hours
during the course of the seasons. l\ddititlllal services, or lim",. may be rC4ucslcd by the Cj~y
p.~
p. 1
p. 1
during the course of the year, that are beyond the services listed in this proposal and subject to
approval by both parties.
The City shall compensate Community Rec. Resources for completion of professional services
described above including, but not be limited to, the Scope of Services and additional services.
The fees will be set up at an hourly rate in coordination with the City not to exceed $20,250, or
approximately 450 total hours, for the proposed 2007 time period.
Miscellaneous Expenses:
The City agrees to reimburse Contractor for approved costs incurred for postage, photocopies,
and other materials relative to the services provided at Contractor's actual cost. These costs must
be reimbursed within 30 days of submission of receipts.
3. City's Responsibility to Provide.
a. Program support with one individual representing the City's interests (i.e.
Director of Public Works or Park Secretary).
b. Payment of all fees and expenses associated with the execution of the
stated tasks.
4. Termination. Either party may terminate this Agreement, without cause or
reason, upon thirty (30) days' written notice to the other party. Either party may terminate this
Agreement without notice for cause. "Cause" includes, but is not limited to, dishonesty, failure
to meet deadlines, criminal conduct, or breach of this Agreement.
5. Status of Contractor. As intended by both pmiies, this Agreement calls for the
performance of the services of Contractor as an independent contractor and Contractor will not
be considered an employee of the City for any purpose.
a. The manner and means of performance of Contractor shall be entirely at
Contractor's discretion. Contractor is free to employ personnel to assist Contractor in
providing services to the City, but such employees shall be Contractor's responsibility
and not that of the City. The City shall not provide Contractor or Contractor's employees
or agents with any benefits from the City such as workers compensation insurance,
unemployment insurance, health insurance, income tax withholding, or social security
contributions. The City does not control the performance of Contractor and Contractor
accepts all risk of profit and loss flowing from the services provided under this
Agreement. All expenses, other than pre-approved travel expenses, must be borne by
Contractor and shall not be reimbursed by the City. Those expenses include furnishing
Contractor's place of work, payroll expenses, taxes, and insurance.
b. Contractor shall conspicuously identify himself to all persons and
organizations as an independent contractor and shall not represent or imply that this
Agreement authorizes Contractor to act as an agent for, or on behalf of, the City. Neither
the City nor Contractor shall be responsible for any agreement, representation, or
2
Mar Ut:l U'/ Uo: 4410
Mar 08 07 05:1810
Mar 07 07 08:03a
1LI1 1 1 1 a m K e e t' e
Kristi Anderson
Cit.~ Shorewood
~E::i~-oE::iU-l::l::lU
952-471-0608
9524740128
ro.~
p. 1
p.3
warranty made by the ~lthcr. nnr shallthc City he obligated tor damages tQ any pcrson or
organization for persoml injuries or propel1y damage nrising diredly or indirectly out of
the conduct of Contractor':o; business or causcd by Contractor's actions. failure 10 act.
conduct or negligence.
c. No taxes shall be withheld from payments by the City 10 Contractor.
Contmctor agrees to pU)' all taxes associated with payments ti'om the City to Contractor
and shall indemnify and hold the City harmless for any failure to pay necessary taxes on
those payments. Contraclor shall provide the City with a fcc.kral tax idenLification
number for purposes of paymenlS to Contractor.
6. Indemnification. Contractor agrees to indemnify and hold the City harmless from
and against any and all claims by or on behalf or any ~l"Son Clrising from Contractor's actions,
failure to act, conduct, or neglige:nce while pel'forming services purSU<ln1 10 this Agreement
unless such damage or liability atiscs Irom or in connection with faLl!ty or defective materials or
facilities pr<.1Vided by the City.
7. Entire Agree01cn:. This Agreement contains the enrirc agreement between the
parties and no amendment hcrctlJ :o;hall be valid unless made in \wiling and signed by the parties.
There is merged herewith all prior and coll<ltera[ representations, promises, and conditions
cc.mcerning Contractor and the City. This Agreemenl supersedes and nullifies any preexisting
agreements between the parties rdating to the subject matter of this Agreemem, All agreeme.nts
as to payments tu be made to C<lJIlrm;lor [or particular projects must be in wriling.
8. Severable. In th~~ event any portion of this Agreement shall beheld 10 be invalid.
the remainder of the Agreement shall continue ill fuII force and effect.
9. l\otiecs. ^ny notice required or permined 10 be given under this Agreement :;hall
be sufficient if it is in writing ~md Sl::l1t hy registered or certified mail to Contractor's residence or
to the principal oftice of the City. which ever shall be applicable.
] O. Governing La\.v. Tllis Agreement shall be construed and entorced in accord,mce
with the laws of the State or:V1il111Csota.
J~ WITNESS WHEREOF. the pal1ics have executed this Agreement the day Clnd yc,lr
first above written.
CITY or SHOREWOOD
COMMG'NITY RCC. RESOURCES
By:
lis:
._~i:~-~~.,--_..._.
Kristl Anderson
~~
Sally Keefe
MEMORANDUM
TO:
FROM:
DATE:
RE:
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, P.E., Director of Public Works
James Landini, P.E., City Engineer
March 08, 2007
Amendments for Seasonal Weight Restrictions
On March 1, seasonal weight restrictions were placed on the streets of Shorewood. Due
to construction, locations, and conditions, the list of streets qualified for 6-ton axle loads
has been updated.
Updates include the removal of:
Brentridge Drive
Elbert Point
Maple View Court
Smithtown Circle
And the addition of:
Lake Linden Drive
Lake Linden Court
Recommendation
Staff recommends the City Council approve the attached resolution and ordinance
amending seasonal weight restrictions, and the resolution authorizing publication of a
summary of the ordinance.
~"
~ .. PRINTED ON RECYCLED PAPER
......
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 801 OF THE SHOREWOOD CITY CODE
RELATING TO SEASONAL WEIGHT RESTRICTIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
Section 801.09 Subd. 5, is hereby amended to read as follows:
Subd. 5. Exemption from Provisions: The following streets or highways within the City are
specifically exempted from the provisions of subdivision 2 of this Section:
Academy Avenue
Apple Road
Bayswater Road
Boulder Bridge Drive
Boulder Bridge Lane
Brom's Blvd
Burlwood Court
Charleston Circle
Chartwell Hill
Chestnut Court
Chestnut Terrace
Christopher Road
Country Club Road
Covington Court
Covington Road from Vine Hill Road to Ridge Road
Deer Ridge
Elbert Point
Eureka Road - Highway 7 to Smithtown Road
Eureka Road Smithtown Road to Birch Bluff Road
Excelsior Blvd.
Fairway Drive
Galpin Lake Road
Kelsey Drive
Knightsbridge Road
Lake Linden Drive
Lake Linden Court
Lake Virginia Cove
Manor Road
Maple Leaf Circle
Marsh Pointe Drive
Marsh Pointe Circle
Ordinance No.
Page 2 of3
Marsh Pointe Court
Mary Lake Trail
McKinley Circle
McKinley Court
McKinley Place
Mill Street
Minnetonka Boulevard
Muirfield Circle
Near Mountain Boulevard
Oak Leaf Trail
Old Market Road
Park Lane
St. Albans Bay Road
Shorewood Oaks Drive
Sierra Circle
Silver Lake Trail
Smithtown Road
Smithtown Way
Stratford Place
Sweetwater Circle
Sweetwater Court
Sweetwater Curve
Vine Hill Road
Vine Ridge Road
Waterford Circle
Waterford Court
Waterford Place
Whitney Circle
Yellowstone Trail
It shall be unlawful for any vehicle or combination of vehicles during the period of
March 1 to May 1 of any year to operate upon any of the above streets or highways
within the City with a gross weight of any single axle exceeding twelve thousand
(12,000) pounds. The Public Works Director may prohibit the operation of vehicles upon
any public street or highway within the City, or impose further restrictions as to the
weight of vehicles to be operated upon said streets or highways, whenever that street or
highway may be seriously damaged or destroyed by vehicular use, including but not
limited to deterioration, usage, rain, snow or other climatic conditions. (Ord. 222,
3-12-90) (Ord. 297,2-27-95)
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
Ordinance No.
Page 3 of3
ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota, this 12th day of
March, 2007.
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. BY TITLE AND SUMMARY
WHEREAS, on 12 March, 2007, the City Council of the City of Shorewood adopted
Ordinance No. _ entitled "An Ordinance Amending Chapter 801 of the Shorewood City Code
Relating to Seasonal Weight Restrictions; and
WHEREAS, the City staff has prepared a summary of Ordinance No. _ as follows:
1. This Ordinance establishes a list of streets and highways within the City of
Shorewood which it is unlawful for any vehicle or combination of vehicles to operate
upon said street or highway in the City with a gross weight of any single-axle
exceeding twelve thousand (12,000) pounds during the period of March 1 to May 1
of any year.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHOREWOOD:
1. The City Council finds that the above title and summary of Ordinance No. _
clearly informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish this Resolution, in lieu of publication ofthe
entire text of Ordinance No. _, pursuant to Minnesota Statutes, Section
412.191, subdivision 4.
3. A full copy ofthe Ordinance is available at Shorewood City Hall.
ADOPTED by the Shorewood City Council on this 12th day of March, 2007.
Christine Lizee, Mayor
Attest:
Craig W. Dawson, City Administrator
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator fl./'\.
March 6, 2007 vy
Approval of Recycling Services Agreement with Veolia Environmental Services
At the January 22, 2007, work session, Council reviewed the results of a Request for Proposal (RFP)
process conducted by the Lake Minnetonka Recycling Group ("LMRG" - Excelsior, Minnetonka
Beach, Mound, Shorewood, Spring Park, and Wayzata). Based on the results of that process and the
options available to Shorewood, the Council gave direction to develop an agreement for services with
Veolia Environmental Services (officially, Veolia ES Solid Waste Midwest, LLC), based on its
responses.
Under the new agreement, the City would continue its current recycling program, with weekly
collection of "dual-sorted" recyclables from containers provided by residents. The term of the
agreement would be 33 months (April 1, 2007 through December 31, 2009), with the opportunity to
renew it for 24 months (ending December 31, 2011) based upon mutual agreement of the City and
Veolia. With all of the LMRG cities having agreements that can run through the end of 20 11, they
will have the opportunity to seek services jointly again if they so choose.
The scope and terms of services in the proposed agreement are very similar to the ones in prior City
contracts. In terms of some of the major features of the agreement,
. Veolia would provide weekly service to all single-family through four-unit residences as well
as all townhouse/condominium units (currently 2,796) for $2.50/household/month. The
number of households would be adjusted as necessary each fall.
. The $2.50 charge is fixed for the entire 33-month period, although Veolia may approach the
Council for an adjustment based on extraordinary circumstances.
. The types of recyclable materials collected would remain the same as residents place out for
collection, and all collections will be done at curbside on the current recycling days.
. Recycling collection and carts will be provided at no charge to City Hall, Public Works,
Southshore Center, and the EFD/SLMPD building.
. Veolia must have at least 93 percent of what it collects end up recycled (i.e., no more than 7
percent "process residuals").
. Data regarding recycling collections will be submitted monthly.
. Veolia may not sell this agreement or subcontract services to another party without the City's
approval.
. Veolia will provide direct telephone numbers for City staff to contact regarding service issues.
(These numbers would not b(}illade available to the public.)
t...J PRINTED ON RECYCLED PAPER
1fJF
Approval of Recycling Services Agreement
March 12, 2007, City Council Meeting
Page 2
The City Attorney reviewed the initial draft of the proposed agreement. Subsequent revisions were
primarily of style and clarification. The only substantive changes was the inclusion of providing a
rate adjustment due to new laws or mandates (which can not now be foreseen), providing Veolia an
opportunity to petition the Council for rate adjustment for other reasons, and allowing for negotiation
of the rate should the agreement be extended 24 months.
RECOMMENDATION:
Staff recommends that the City Council approve and authorize the execution of the proposed
agreement for recycling collection services with Veolia ES Solid Waste Midwest, LLC.
CONTRACT FOR RESIDENTIAL RECYCLING SERVICES
1. CONTRACT PREAMBLE
This Residential Recycling Services Contract (hereinafter the "Contract") is made this 26th day
of February, 2007, between the City of Shore wood, 5755 Country Club Road, Shorewood, MN
55331-8926 (hereinafter the "City") and Veolia ES Solid Waste Midwest, LLC, a Wisconsin
limited liability company, authorized to do business in the State of Minnesota, with its current
local place of business at 1375 Seventh Avenue, Newport, MN 55055, (hereinafter the
"Contractor") .
WITNESSETH:
WHEREAS, the City supports a comprehensive residential recycling program and desires that
high-quality recycling services be available to all its residents;
WHEREAS, the City supports Curbside recycling as part of an overall landfill abatement
program;
WHEREAS, the City intends to maximize the fullest recovery possible of Recyclable Materials
from all residents in the City;
WHEREAS, the City intends to contract for a full service recycling program that provides the
most cost-effective and best value recycling services possible to all City residents;
WHEREAS, Hennepin County has funding available for such residential recycling services; and
WHEREAS, the Contractor submitted a proposal for such recycling services to the City in
response to the larger Lake Minnetonka Recycling Group (LMRG) request for proposals (RFP)
for residential recycling services.
NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the
mutual promises and covenants contained herein.
2. DEFINITIONS
2.1 Aluminum Cans
Disposable containers fabricated primarily of aluminum, commonly used for soda, beer,
juice, water or other beverages.
2.2 Contractor
Veolia ES Solid Waste Midwest, LLC, which shall provide the services contemplated in
this Contract.
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2.3 Curbside
The area of public right-of-way between the property line and the curb or edge of the
street, but not on the street.
2.4 Curbside Recycling Container
Any container (bin, box, bag) used by a Residential Unit to place Recyclable Materials
for Curbside Recycling Services. All Recyclable Materials subject to collection by
Contractor must be contained and must be easily and readily identifiable by Contractor as
Recyclable Materials.
2.5 Curbside Recycling Service
The recycling collection service, together with related public education and other
customer services, specified within this Contract utilizing Curbside Recycling Service.
2.6 Fiber
As part of a dual-stream collection program, Fiber includes the following paper items:
Old Newspapers including inserts (ONP); Household Office Paper and Mail; Old
Boxboard (OBB); Old Currugated Cardboard (OCC); phone books, paper back books,
and notebooks; brown paper bags; Old Magazines (OMG); and catalogs.
2.7 Glass Jars and Bottles
Unbroken glass jars, bottles, and containers (lids/caps and pumps removed) that are
primarily used for packing and bottling of food and beverages.
2.8 Household Office Paper and Mail (HOPM)
Mail, advertisements, office paper, school papers, envelopes, etc.
2.9 Household Units
Household Units shall mean single family, two family, three family and four family
residential dwellings located within the legal boundary limits of the City. For purposes
of this Contract, a two family dwelling shall equal two Household Units, a three family
dwelling shall equal three Household Units and a four family dwelling shall equal four
Household Units.
2.10 Markets
Any person or company that buys (or charges) for recycling of Recyclables and may
include, but are not limited to: end-markets, intermediate processors, brokers and other
Recyclable Material reclaimers.
2.11 Materials Recovery Facility (MRF)
A recycling facility in which Recyclable Materials are processed. The facility will
conform to all applicable rules, regulations and laws of state, local or other jurisdictions.
2.12 Multi-Family Dwellings (MFD)
Multi-Family Dwellings (MFD) shall be defined herein as residential dwellings having
five or more units per building. Multi-Family Dwellings are not included in this Contract
and shall not receive Curbside Recycling Services under this Contract. Condominiums
2
and townhouses that contain less than five units per building are not included in the
definition ofMFD and are considered part of this Contract and shall receive Curbside
Recycling Services hereunder.
2.13 Non-Targeted Materials
Non-recyclable materials that are not included in the City's recycling program and are
not subject to Curbside Recycling Service. Examples of typical Non-Targeted Materials
include (but are not limited to): pumps on Plastic Bottles, ceramic material in glass
streams, frozen pizza boxes in paper streams, plastic tubs in the plastic streams, etc.
2.14 Old Boxboard (OBB)
Boxes including cereal, cake, chip, and cracker boxes.
2.15 Old Corrugated Cardboard (OCC)
Cardboard material with double-wall construction and cOffilgated separation between
walls. Does not include plastic, wax or other coated cardboard.
2.16 Old Magazines (OMG)
Glossy and non-glossy magazines and catalogs.
2.17 Old Newspaper (ONP)
Newspapers including inserts.
2.18 Plastic Bottles
Plastic bottles shaped with a neck. Plastic lids, caps, rings and pumps are not included in
this definition. Recyclable Plastic Bottles shall be identified on the bottom with the
Society ofthe Plastics Industry (SPI) plastic codes #1 (PET) and #2 (HDPE) including
bottles containing: liquor, milk, juice, soft drinks, water, certain foods, soap and
cosmetics.
2.19 Process Residuals
The normal amount of material that can not be economically recycled due to material
characteristics such as size, shape, color, cross-material contamination, etc. and must be
disposed as mixed municipal solid waste. Process Residuals include subcategories of
Process Residuals including but not limited to bulky items, contaminants, sorted tailings,
floor sweepings and rejects from specific processing equipment (e.g., materials cleaned
from screens, etc). Process Residuals does not include clean, separated products that are
normally processed and prepared for shipment to Markets as commodities but are of
relatively low-value because of depressed market demand conditions.
2.20 Processing
The sorting, volume reduction, baling, containment or other preparation of Recyclable
Materials delivered to the Processing Center for transportation or marketing purposes.
2.21 Processing Center
A recycling facility in which Recyclable Materials are processed. The facility will
conform to all applicable rules, regulations and laws of state, local or other jurisdictions.
3
2.22 Recyclable Materials or Recyclables
For purposes of this Contract, the following Recyclable Materials are subject to Curbside
Recycling Service: Aluminum Cans; Steel Cans; Glass Jars and Bottles; Plastic Bottles
with a neck; newspapers; magazines; boxboard; phone books; paper back books;
notebooks; Household Office Paper and Mail; and Old Corrugated Cardboard. Materials
may be added to this definition of Recyclable Materials or Recyclables from time to time
upon mutual agreement of the parties.
2.23 Recycled Content Products
Products or goods, including roadbed or other aggregate products, that are openly
marketed and have positive value. Recycled Content Products do not include use of any
commodity as landfill cover.
2.24 Request for Proposals (RFP)
The Lake Minnetonka Recycling Group's (LMRG' s) request for proposals (RFP) as
released on October 27, 2006, and subsequently amended by answers to Proposers
questions on November 20, 2006.
2.25 Steel Cans
Disposable containers fabricated primarily of steel or tin used for food or beverages.
2.26 Waste
Any Recyclable Material determined by the Processing Center not to be marketable as a
Recycled Content Product. Typical "Waste" in this context includes pumps on Plastic
Bottles, ceramic material in glass streams, frozen pizza boxes in paper stream, etc. Waste
is specifically excluded from the definition of Recyclables and shall not be subject to
Curbside Recycling Service.
3. GENERAL REQUIREMENTS FOR RESIDENTIAL COLLECTIONS
3.1 Contractor Service Requirements
For the term of this Contract, Contractor agrees and the City hereby grants to Contractor the
exclusive right and obligation to provide Curbside Recycling Service to all Household Units in
the City and selected municipal facilities as defined in Section 3.21 of this Contract.
3.2 Contractor Licensing Requirements
Contractor must have a license issued by the City to haul Recyclable Materials as governed by
Chapter 503 of the City Code.
3.3 Collection Vehicle Equipment Requirements
All collection vehicles used in performance of this Contract by Contractor shall be duly licensed
and inspected by the State of Minnesota and shall operate within the weight allowed by
Minnesota Statutes. Per the City's Code (Sec. 503.07), there is no distinction made between
vehicles used in collecting Recyclables and vehicles used for collecting refuse or garbage. All
vehicles shall be used that are in proper working condition and that prevent loss in transit of
4
liquid or solid cargo. All vehicles shall be kept clean and as free from offensive odors as
reasonably possible.
Each collection vehicle shall be equipped with the following:
a. Two-way communications device.
b. First aid kit.
c. An approved 2AI0BC Dry Chemical Fire Extinguisher.
d. Warning flashers.
e. Warning alarms to indicate movement in reverse.
f. Signs on the rear of the vehicle which states "This Vehicle Makes Frequent Stops".
g. A broom and shovel for cleaning up spills.
All of the required equipment must be in proper working order. All vehicles must be maintained
in proper working order and be as clean and free from odors as possible. All vehicles must be
clearly identified on both sides with Contractor's name and telephone number.
3.4 Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of the services described in this Contract and further described in the LMRG
Request for Proposals dated October 24,2006 (the "LMRG RFP"). The Contractor will provide
a Route Supervisor to oversee the recycling route drivers servicing the City under this Contract.
The Route Supervisor will be available to address customer complaints each day. The
Contractor shall have on duty Monday through Friday from 7:00 a.m. to 5:00 p.m. a dispatch
customer service representative to receive customer calls and route issues. The Contractor shall
provide a 24-hour answering service line or device to receive customer calls. The Route
Supervisor and all collection vehicles must be equipped with 2-way communication devices.
Contractor's personnel will be trained both in program operations and in customer service and
insure that all personnel maintain a positive attitude with the public and in the work place and
shall :
a) Conduct themselves at all times in a courteous manner and use no abusive or foul
language.
b) Perform their duties in accordance with all existing laws and ordinances and future
amendments thereto of the Federal, State of Minnesota, and local governing boards.
c) Be clean and presentable in appearance, as so far as possible.
d) Wear a uniform and employee identification badge or name tag.
e) Drive in a safe and considerate manner.
f) Manage containers in a careful manner, by picking them up, emptying their contents into
the collection vehicle, and placing not throwing or sliding - the container back in its
Curbside location so as to avoid spillage and littering or damage to the container.
g) Monitor for any spillage and be responsible for cleaning up any litter or breakage.
h) Avoid damage to property.
5
i) Not perform their duties or operate vehicles while consuming alcohol or illegally using
controlled substances or while under the influence of alcohol and/or such substances.
Be in possession of a valid Minnesota Commercial Driver's License (CDL).
j)
3.5
Point of Collection
Except as specified by the City for collection from the municipal facilities, all Recyclable
Materials collection service will occur at the Curbside.
3.6 Recycling Containers
The City has made Curbside Recycling Container available for use by Household Units in the
dual-stream curbside recycling program. Curbisde Recycling Containers shall not be a
prerequisite to participate in the Curbside Recycling Service. Other container types such as
brown paper grocery bags, boxes, and bins are acceptable to the extent that route drivers readily
recognize them as containing Recyclable Materials.
For the municipal facilities to be served hereunder, the Contractor will provide two standard
carts whose size shall be approximately 60-gallons. The carts shall be uniform and consistent in
color and design and have a recycling symbol, so as to be easily identified by those persons in
the municipal facilities and the Contractor's driver as the container for Recyclable Materials
collection.
3.7 Collection
Recyclable Materials shall be placed at Curbside by each Household Unit in Curbside Recycling
Containers, or any other container that can be reasonably identified as containing Recyclable
Materials, by 7:00 a.m. on the designated collection day.
On the designated collection day, Contractor shall empty all Recyclable Materials from the
Curbside Recycling Containers or other container used by the Household Unit, and shall replace
the Curbside Recycling Cotnainer at Curbside.
Contractor shall provide Curbside Recycling Service once every week.
3.8 City Retains Right to Specify Resident Preparation Instructions
It shall be the City's sole right and obligation to clearly specify the Household Unit's sorting and
setout requirements consistent with this Contract. Such information shall be included in the
City's public education flyers and web pages as well as any public education pieces distributed
by the Contractor(s) as detailed in Section 3.23.2 ofthis Contract.
3.9 Procedure for Unacceptable Recyclable Materials
If Contractor determines that a Household Unit has set out unacceptable or Non- Ttargeted
Recyclable Materials, the driver shall use the following procedures:
3.9.1 Driver Education Tag
6
Contractor shall leave the Non-Targeted Materials in the Household Unit's Curbside Recycling
Container and leave a City approved "education tag" indicating acceptable materials and the
proper method of preparation.
3.9.2 Recordinz Addresses with Unacceptable Materials
Contractor's drivers shall record the address on forms acceptable to the City. Contractor shall
report the address to the City at the end of each collection week.
If this procedure for handling Non-Targeted Materials is not feasible for single-stream collection
systems, the Contractor must so specify and explain alternative public education system to
maintain and improve quality of Recyclable Materials set out by Household Units.
3.10 Collection Days
The Contractor shall collect Recyclables on designated collection days once every week. As of
the date of execution of this Contract, designated collection days are Wednesday for the
"mainland" and Thursday on "The Islands".
3.11 Collection Hours
Contractor shall maintain sufficient equipment and personnel to assure that all collection
operations commence no earlier than 7:00 a.m. and are completed by 6:00 p.m. on the scheduled
collection day.
3.12 Cleanup Responsibilities
Contractor shall adequately clean up any materials spilled or blown during the course of
collection and/or hauling operations. As stated in Sec. 3.3 of this Contract, all collection
vehicles shall be equipped with a broom and shovel for use in cleaning up any spills. Any
unacceptable materials left behind should be secured within the Household Unit's Curbside
Recycling Container, if provided. The Contractor's driver shall take all precautions possible to
prevent littering by Contractor of unacceptable Recyclable Materials. Contractor shall have no
responsibility to remove any items that are not Recyclable Materials and may reject the
collection of any Curbside Recycling Container containing unacceptable material.
7
3.13 Missed Collection Policy & Procedures
In the City's public education information, Household Units will be directed to call the
Contractor for missed collections and other service issues.
The Contractor shall designate a staff person as an account representative for the City. A direct
phone number (e.g., cellular phone, etc.) shall be provided for City staff to use for purposes of
communicating immediate service needs. The Contractor shall also designate a back-up contact
person, including a corresponding second, direct phone number. These Contractor phone
numbers will not be published in public education literature, but rather used by City
administrative staff.
The Contractor shall have a duty to pick up missed collections provided that the Household Unit
has complied with all setout requirements. Contractor agrees to pick up all missed collections on
the same day that the Contractor receives notice of a missed collection, provided notice is
received by Contractor before 11 :00 a.m. on a business day. With respect to all notices of a
missed collection received after 11 :00 a.m. on a business day, Contractor agrees to pick up that
missed collection before 6:00 p.m. on the business day immediately following.
Contractor shall provide staffing of a telephone-equipped office to receive missed collection
complaints between the hours of7:00 a.m. and 5:00 p.m. on weekdays, except holidays. The
Contractor shall have an answering machine or voice mail system activated to receive phone
calls after hours. Contractor shall keep a log of all calls, including the subject matter, the date
and time received, the Contractor's response, and the date and time of response. This information
shall be provided to the City in a monthly report.
3.14 Non-Completion of Collection and Extension of Collection Hours
If Contractor determines that the collection of Recyclable Materials will not be completed by
6:00 p.m. on the scheduled collection day, Contractor shall notify the City contact person by 4:00
p.m., and request an extension of the collection hours. Contractor shall inform the City of the
areas not completed, the reason for non-completion, and the expected time of completion.
3.15 Severe Weather
Curbside Recycling Service may be postponed due to severe weather at the sole discretion of the
Contractor. Upon postponement, collection will be made on a day agreed upon between the
Contractor and the City.
3.16 Holidays
The City shall inform Household Units of alternate collection days for holidays. Holidays refers
to any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day and any other holidays mutually agreed to by the City and
Contractor. In no instance will there be more than one holiday during a collection week. When
the scheduled collection day falls on a holiday, collection for that day will be collected one day"later.
8
3.17 Weighing of Loads
Contractor will keep accurate records consisting of an approved weight slip or electronic
equivalent with the date, time, collection route, driver's identification, vehicle number, tare
weight, gross weight, net weight, and number of recycling stops for each loaded vehicle.
Collection vehicles will be weighed quarterly or semi-annually to obtain a tare weight. Paper or
electronic versions of each weight ticket shall be maintained on file by the Contractor for at least
three years in the event of an audit by the City.
3.18 Unauthorized Collection
Contractor shall be the exclusive provider for the collection, removal and disposal of Recyclable
Materials from Household Units within the City for the term of this Contract. . The
Contractor's employees may not collect or scavenge through recycling in any manner that
interferes with Curbside Recycling Services. The City shall take all necessary actions to enforce
the Contractor's exclusive right to provide the services contemplated herein.
The Contractor shall report to the City any instances of suspected scavenging or unauthorized
removal of Recyclable Materials from any collection containers.
3.19 Utilities
The Contractor shall be obligated to prevent damage by Contractor to all public and private
utilities whether occupying street or public or private property. If such utilities are damaged by
reason of the Contractor's operations in performing its obligations hereunder, Contractor shall
repair or replace the same or, failing to do so promptly, the City shall cause repairs or
replacement to be made and the cost of doing so shall be deducted from payment to be made to
the Contractor.
3.20 Damage to Property
The Contractor shall take all necessary precautions to protect public and private property.
Except for reasonable wear and tear, the Contractor shall repair or replace any private or public
property, including, but not limited to sod, mailboxes, or Curbside Recycling Container, which
are damaged by the Contractor. Such property damage shall be addressed for repair or
replacement, at no charge to the property owner, within forty-eight (48) hours with property of
the same or equivalent value at the time of the damage.
If the Contractor fails to address the repair or replacement damaged property within forty-eight
(48) hours, the City may, but shall not be obligated to, repair or replace such damaged property,
and the Contractor shall fully reimburse the City for any of its reasonably incurred expenses.
The Contractor shall reimburse the City for any such expenses within ten (10) days of receipt of
the City's invoice.
3.21 Municipal Facilities
The Contractor will provide free recycling dual-stream cart service, at least every week at each
City municipal building as follows:
City Hall
Southshore Center
5755 Country Club Road
5735 Country Club Road
9
Public Works
Excelsior Fire District
24200 Smithtown Road
24100 Smithtown Road
South Lake Minnetonka Police Department 24150 Smithtown Road
The Contractor will provide carts (wheeled carts with lids, with approximately 64-gallons
capacity) or other mutually agreed upon containers to facilitate that service. The carts shall be
labeled by the Contractor with appropriate stickers to identify the acceptable recyclable
commodities.
3.22 Reports and Meetings
3.22.1 Materials Reports
The Contractor will report, on a monthly and yearly basis, the following information regarding
the City Recyclable Materials quantities (in tons):
. Number of curbside recycling "stops" (i.e., number of households with recyclables set
out at the curb) per collection (i.e., weekly stop count);
. Gross amounts of Recyclable Materials collected, by type (per methods used in Sections
4.3 through 4.5 ofthis Contract);
. Net amounts of Recyclable Materials marketed, by type;
. Amounts of Recyclable Materials stored, by type, with any notes as to unusual
conditions;
. Amounts of Process Residuals disposed; and
. Composition of Process Residuals disposed.
Monthly reports shall be due to the City by the 15th day of each month for material collected by
the Contractor during the preceding calendar month. Annual reports to the City shall be due by
the last day of January for Recyclable Materials collected by the Contractor during the preceding
calendar year. The Contractor will be encouraged to include in its annual report
recommendations for continuous improvement in the City's recycling programs (e.g., public
education, reduction of Non- Targeted Materials, etc.).
3.22.2 Monthlv Customer Relations Report
Each month the Contractor shall provide the City with the following reports:
. A list of all customer complaints, including a description of how each complaint was
resolved.
. A list of all addresses where education tags were left for Household Units and why the
tags were left.
. A list of all missed pick ups reported to the Contractor.
The monthly reports shall be sent by mail, fax or e-mail to the City' contact person(s).
3.22.3 Annual Performance Review Meetinf!
10
Upon receipt of the Contractor's annual report, the City shall schedule an annual meeting with
the Contractor. The objectives of this annual meting will include (but not be limited to):
. Review Contractor's annual report, including trends in recovery rate and participation.
. Efforts the Contractor has made to expand recyclable Markets.
. Review Contractor's performance based on feedback from residents to City staff.
. Review Contractor's recommendations for improvement in the City' recycling programs,
including enhanced public education and other opportunities.
. Review staff recommendations for improving Contractor's service.
. Discuss other opportunities for improvement with the remaining years under the current
Contract.
3.23 Publicity, Promotion, and Education
3.23.1 City - Provided Public Education
The City shall prepare and distribute recycling information to Household Units during each year.
For example, the City may produce brochures with the annual calendar of recycling collection
dates, include articles in its newsletter, and/or include recycling instructions on its web sites.
3.23.2 Contractor - Provided Public Education
The Contractor shall conduct its own promotions and public education to increase participation
and improve compliance with City-specified preparation instructions. At a minimum, this shall
include distribution of education tags to be left by collection crews if any Non-Targeted Material
is rejected and left at the curb. The Contractor shall submit a draft of any public education
literature for approval by the City, at least one (1) month before distribution of any such
literature.
The Contractor shall distribute its own public education information, including at a minimum
those items listed in its proposal responsive to the RFP. The City's recycling contact person(s)
must first approve the educational materials.
The Contractor is encouraged to work with the City in developing innovative financial incentives
that will help residents, businesses and institutions increase their Recyclables and decrease their
mixed solid waste.
4. MATERIALS PROCESSING AND MARKETING
4.1 Processing Facilities Must Be Specified
It is intended that all Recyclable Materials collected by the Contractor will go to recycling
Markets to be manufactured into Recycled Content Products.
The Contractor shall assure the City that adequate Recyclable Material Processing capacity will
be provided for Recyclables collected so long as there is a Market for such Recyclables. The
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location of the Recyclable Materials Processing facility where material collected from the City
will be delivered and/or processed shall be at 725 44th Avenue North, Minneapolis, Minnesota
55412, which facility may be changed from time to time, at Contractor's sole discretion, during
the term hereof. The Contractor shall provide written notice to the City at least 60 days in
advance of any substantial change in these or subsequent plans for receiving and Processing
Recyclable Materials collected from the City.
Upon collection Contractor shall deliver Recyclable Materials to a Recyclable Materials
Processing Center, an end market for sale or reuse, or to an intermediate collection center for
later delivery to a Processing Center or end market. Contractor shall not transport for disposal or
to dispose of designated Recyclable Materials in a mixed municipal solid waste disposal facility
(except to the extent such materials are Non-Targeted Materials, Process Residuals, Waste or to
the extent such materials are contaminated or cannot be Marketed by the Contractor's designated
Processing Center).
Contractor shall assure that all Recyclable Materials collected in the City are not landfilled,
composted or incinerated except as otherwise provided herein.. The Contractor shall dispose of
no more than 7% of material (by weight) as Process Residuals as part of Recyclable Materials
Processing operations. No Recyclable Materials will be landfilled, composted or incinerated by
the Contractor without written authorization from the City and the Minnesota Pollution Control
Agency / Office of Environmental Assistance, except as otherwise may be provided herein.
4.2 Lack of Adequate Market Demand
In the event that the Market for a particular type of Recyclable Material ceases to exist, or
becomes economically depressed that it becomes economically unfeasible to continue collection,
Processing and marketing of that particular material, the Contractor shall give written notice to
the City. The notice shall include information demonstrating the effort the Contractor has made
to find market sources, and the financial information justifying the conclusion that the Market is
economically unfeasible. At such conclusion, the City and the Contractor will both agree in
writing that such material shall be deemed a Non-Targeted Material and no longer subject to
collection hereunder. Household Units shall be notified by the Contractor or City if such
material is later determined to be a Non-Targeted Material and shall no longer dispose of such
material in its Curbside Recycling Container.
Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable
by Contractor and the City due to lack of adequate market demand. The City and Contractor
shall specify a date to cease collection of the material in question. Contractor shall at all times
be under a duty to minimize Recyclable Materials ending up in landfill or incineration. If such
disposal becomes necessary, Contractor shall dispose of the materials at a facility mutually
agreed upon by the parties.
4.3 Estimating Tonnage of Recyclables by City
Contractor is not required to scale each City's load separately. Therefore, it is recognized that
the Contractor will use some means of calculating estimated tonnage amounts allocated to each
City (e.g., using standard rates per household served or per recycling set-out). The Contractor
shall provide clear descriptions of the means used to calculate recycling tonnage by City.
Assumed rates and calculation methods shall be included in the proposal.
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4.4 Estimating Materials Composition as Collected
The Contractor shall conduct at least one materials composition analysis of the City's Recyclable
Materials each year to estimate the relative amount by weight of each type of Recyclable
Material by grade or offer a suitable alternative to a composition analysis. The results of this
analysis shall include: (1) percent by weight of each type of Recyclable Material by grade as
collected by Contractor from within the City; (2) relative change compared to the previous
year's composition; and (3) a description of the methodology used to calculate the composition,
including number of samples, dates weighed, and City's route(s) used for sampling. The
Contractor shall provide the City with a copy of each analysis. City staff will help coordinate the
sampling and shall be invited by the Contractor to be present for the sorting.
4.5 Estimating Process Residuals
The Contractor shall provide the City a written description of the means to estimate Process
Residuals, as defined in 2.18, derived from the City's Recyclable Materials. This written
description shall be reviewed and approved in writing by the City. This written description shall
be updated by the Contractor immediately after any significant changes to the Processing
facilities used by the Contractor.
4.6 Performance Monitoring
The City will monitor the performance of the Contractor against goals and performance
standards required within this Contract. Substandard performance as determined by the City will
constitute non-compliance. If action to correct such substandard performance is not taken by the
Contractor within 60 days after writtin notice from the City, the City may initiate the Contract
termination procedures described herein.
4.7 End Market Certification
The Contractor shall provide written certification to the City that all Recyclable Materials will be
recycled and not disposed. Upon request by the City, the Contractor shall provide the City with
reasonable documentation that all Reyclable Materials have been recycled.
5. PAYMENT AND DAMAGES
5.1 Compensation for Services
The City shall pay the Contractor for services provided pursuant to this Contract on a monthly
basis at the rates set forth herein. The rates payable by the City to Contractor shall be $2.50 per
Household Unit per collection (the "Per Household Unit Rate").
The rates due and payable hereunder may not be increased without the written consent of the
City, except for the following: rates shall be increased to reflect any increased costs actually
incurred by Contractor due to (a) any change, interpretation or imposition of any law, rule or
regulation; (b) increased costs of disposal; (c) the imposition of any governmental tax or
surcharge on the cost of providing the services contemplated herein. Any such increase shall be
evidenced by documentation provided by Contractor to the City, upon request of the City made
at the time of the increase. Contractor may petition the City for any other rate adjustments from
time to time.
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On or about November 1 st of each year of this Contract, the City will review the number of
Household Units and notify Contractor of any changes. The current Household Unit count is
2,796. The parties shall use City records and a physical count of the number of Household Units
to determine the total number of Household Units the Contractor shall provide Curbside
Recycling Service. A physical house count shall be conclusive as to the official count of
Household Units receiving collection service in the event the City's records and a physical house
count are inconsistent (the "Official House Count"). The Official House Count may be adjusted
monthly to reflect the actual number of Household Units being serviced hereunder.
Contractor shall submit itemized bills for Curbside Recycling Services rendered to the City on a
monthly basis and the City shall pay the Contractor no later than 30 days from the date of the
mVOlce
The Contractor shall submit the monthly documentation and reports as detailed in Section 4.22
with the monthly bill. Payment to the Contractor will not be released unless the required
paperwork is included in the monthly bill or submitted separately according to the deadlines as
specified in Section 4.22.
5.2 Liquidated Damages
The Contractor shall agree, in addition to any other remedies available to the City, that the City
may withhold payment to the Contractor in the amounts specified below as liquidated damages
for failure of the Contractor to fulfill its obligations.
It is understood by both parties that the City shall only withhold such liquidated damages as a
last resort to resolve a repeated problem with the Contractor's service. As soon as it learns ofa
service problem, the City shall communicate both verbally via telephone and in writing. This
communication shall itemize the known data about the problem and a proposed resolution.
Notwithstanding the above communication procedures, the following acts or omissions shall be
considered a breach of this Contract:
a) Failure to respond to legitimate service complaints within 24 hours in a reasonable and
professional manner - $50 per incident.
b) Failure to collect properly notified missed collections (per Section 3.13 of this Contract) -
$250 per incident.
c) Failure to provide monthly and annual reports (per Section 3.22 of this Contract) - $100
per incident.
d) Failure to complete the collections within the specified timeframes (per Sections 3.11 and
3.14 of this Contract) - $100 per incident
e) Failure to clean up from spills during collection operations (per Section 3.12 of this
Contract) - $250 per incident
f) Failure to report on changes in location of Recyclable Materials Processing operations
(per Section 4.1 of this Contract) - $250 per incident.
g) Exceeding the maximum Process Residuals rate (per Section 4.1 of this Contract) -
$1,000 per exceedence (defined as a percentage of total weight).
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h) Failure to receive a City's written approval of changes to the recycling collection and
Processing systems prior to implementing any such change (per Sections 3.6, 3.7, 3.10,
and 4.1 of this Contract) - $5,000.
i) Failure to conduct annual composition analysis or agreed upon alternative (as specified in
Section 4.4 of this Contract) - $5,000 per incident.
j) Failure to provide written description of the means to estimate relative amount of Process
Residuals derived from the City's Recyclable Materials (as per Section 4.5 of this
Contract) - $100 per incident.
k) Failure to attend annual review meetings - $500 per incident.
The Contractor shall be liable for liquidated damages amount(s) upon determination of the City
that performance has occurred that is not consistent with the provisions of the Contract. The
City shall notify Contractor in writing or electronically of each act or omission discovered by the
City. It shall be the duty of the Contractor to take whatever steps or action may be necessary to
remedy the cause of the complaint.
The City may deduct the full amount of any damages from any payment due to the Contractor.
The remedy available to the City under this paragraph shall be in addition to all other remedies
which the City may have under law or at equity.
Exceptions: For the purposes of this Contract, the Contractor shall not be deemed to be liable for
penalties where its inability to perform Curbside Recycling Services is the result of conditions
beyond the control of the Contractor, including but not limited to civil disorder, acts of God,
inclement weather severe enough that trucks cannot safely take collections, labor disputes,
provided however, that the Contractor shall obtain the approval for the delay from the City's
contact person(s) or its designee(s) prior to 4:00 p.m. of the scheduled collection day, which
approval shall not be unreasonably withheld.
6. INSURANCE AND OTHER LEGAL REQUIREMENTS
6.1 Insurance
Insurance secured by the Contractor shall be issued by insurance companies acceptable to the
City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of this
Contract and shall remain continuously in force for the duration of this Contract.
The Contractor must obtain the following insurance coverage with these minimum levels of
coverage:
Automotive Insurance:
Statutory
$500,000 each/person
$1,000,000 each/occurrence
$500,000 each/person
$1,000,000 each/occurrence
$1,000,000 aggregate
Worker's Compensation Insurance:
Contractor's Public Liability Insurance:
Property Damage:
15
6.2 Worker's Compensation
The Contractor shall provide evidence of Workers Compensation insurance covering all
employees of the Contractor and subcontractors engaged in the performance of this Contract, in
accordance with the Minnesota Workers Compensation Law.
6.3 Employee Working Conditions and Respondent's Safety Procedures
The Contractor will ensure adequate working conditions and safety procedures are in place to
comply with all applicable federal, state and local laws and regulations. The City reserves the
right to inspect on a random basis all trucks, equipment, facilities, working conditions, training
manuals, records of claims for Worker's Compensation or safety violations and standard
operating procedures documents.
6.4 Equal Opportunity
During the performance of this Contract, the Contractor, in compliance with Executive Order
11246, as amended by Executive Order 11375 and Department of Labor Regulations 41CFR,
Part 60, shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Contractor shall take affirmative action to
insure that applicants for employment are qualified, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin.
Such prohibition against discrimination shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of payor other forms of compensation and selection for training, including
apprenticeship.
In the event of noncompliance with the non-discrimination clauses of this Contract, this Contract
may be terminated, or suspended, in whole or part, in addition to other remedies as provided by
law.
6.5 Compliance with Laws & Regulations
In providing services hereunder the Contractor shall abide by all statutes, ordinances, rules, and
regulations pertaining to the provision of services to be provided by Contractor hereunder. Any
material violation shall constitute a material breach of this Contract.
6.6 Governing Law
The laws of the State of Minnesota shall govern all interpretations of this Contract, and the
appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those
courts located within the County of Hennepin, State of Minnesota, regardless of the place of
business, residence or incorporation of the Contractor.
6.7 Waiver
Any waiver by either party of a breach of any provisions of the executed Contract shall not
affect, in any respect, the validity of the remainder of the executed Contract.
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6.8 Termination
The City may terminate this Contract if the Contractor fails to fulfill its obligations under this
Contract in a proper and timely manner (except if Contractor is excused from performance as
provided herein), or otherwise violates the terms of this Contract if the default has not been cured
after 30 days written notice has been provided by the City or if a longer period of time is
required to cure and Contractor has not commenced to cure such breach and diligently pursued to
remedy such breach within 30 days of written notice from the City or such period of time which
may be extended by the City. The City shall pay Contractor for services rendered on and prior to
the date of termination less any reasonable damages and costs incurred by the City as a result of
the breach by Contractor. If the Contract is terminated, all finished or unfinished documents,
data, studies, surveys, maps, models, photographs, reports or other materials prepared by the
Contractor as specified in this Contract shall, at the option of the City, become the property of
the City, and the Contractor shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
6.9 Severability
The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a
court of competent jurisdiction, to be contrary to law, such decision shall not affect the
remaining provisions of the same Contract.
6.10 Accounting Standards
The Contractor agrees to maintain the necessary source documentation and enforce sufficient
internal controls as dictated by generally accepted accounting practices to properly account for
expenses incurred under this Contract.
6.11 Retention of Records
The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a
period of three years after the resolution of all audit findings. Records for non-expendable
property acquired with funds under this Contract shall be retained for three years after final
disposition of such property.
6.12 Data Practices
The parties agrees to comply with the Minnesota Govefllll1ent Data Practices Act and all other
applicable state and federal laws relating to data privacy or confidentiality. A party must
immediately report to the other party any requests from third parties for information relating to
this Contract and the other party agrees to respond promptly to inquiries from the first party
concerning data requests.
6.13 Inspection of Records and Disclosure
All Contractor records with respect to any matters as specified in this Contract shall be made
available to the City or its duly authorized agents at any time during normal business hours, as
often as the City deem necessary to audit, examine and make excerpts or transcripts of all
relevant data.
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6.14 Independent Contractor
Nothing contained herein is intended to, nor shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The Contractor shall at
all times remain an independent contractor with respect to the services to be performed under
this Contract. Any and all employees of Contractor or other persons engaged in the performance
of any work or services required by Contractor under this Contract shall be considered
employees or sub-contractors of the Contractor only and not of the City; and any and all claims
that might arise, including Worker's Compensation claims under the Worker's Compensation Act
of the State of Minnesota or any other state, on behalf of said employees or other persons while
so engaged in any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of Contractor.
6.15 Transfer of Interest
The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in
this Contract either by assignment or novation, without the prior written approval ofthe City.
The Contractor shall not subcontract any services under this Contract without prior written
approval of the City. Failure to obtain such written approval by the City prior to any such
assignment or subcontract shall be grounds for immediate termination hereof.
6.16 Non-Assignability
The parties hereby agree that, except by operation of law, Contractor shall have no right to assign
or transfer its rights and obligations without written approval from the City, which approval shall
not be unreasonably withheld. Notwithstanding the foregoing, a sale of 51 % or more of
Contractor's business shall require consent from the City.
6.17 Bankruptcy
In the event the Contractor, its successors or assigns files for Bankruptcy as provided by federal
law, this Contract shall be immediately terminated relieving all parties of their Contract rights
and obligations.
6.18 Indemnification
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its
employees, its agents, or employees of subcontractors, in the performance of the services
provided by this Contract or by reason of the failure of the Contractor to fully perform, in any
respect, any of its obligations under this Contract.
6.19 Performance & Payment Bond
Contractor shall execute and deliver to the City a Performance and Payment Bond with the
corporate surety in the sum of $25,000 or equal ("equal" may include a Letter of Credit from a
banking institute approved by each City). This Contract shall not become effective until such a
bond, in a form acceptable to the City, has been delivered to the City and approved by its City
Attorney.
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This Contract shall be subject to termination by the City at any time if said bond shall be
cancelled or the surety thereon relieved from liability for any reason. The term of such
performance bond shall be for the life of this Contract. Extensions or renewals shall require the
execution and delivery of a performance bond in the above amount to cover the period of
extension or renewal.
6.20 Conflict of Interest
Contractor agrees that no member, officer, or employee of the City shall have any interest, direct
or indirect, in the execution of this Contractor or the proceeds thereof. Violation of this
provision shall cause this Contract to be terminated by the City.
6.21 Entire Contract
This Contract, the Contractor's proposal in response to the RFP and the RFP constitutes the
entire agreement of the parties and supersedes all verbal agreements and negotiations between
the parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations, amendments,
deletions, or waivers of the provisions ofthis Contract shall be valid only when expressed in
writing and duly signed by the parties, unless otherwise provided herein. If any provision ofthe
Contract, the RFP or Contractor's proposal is in conflict, they shall take precedence in the
following order: 1) this Contract; 2) Contractor's proposal; 3) RFP.
6.22 Contract Conditions
The Bond and Certificate of Insurance shall be provided upon execution hereof.
7. TERM OF CONTRACT
7.1 Original Term of This Contract
The initial term of this Contract shall be for a period ofthirty-three (33) months commencing
April 1, 2007 and ending December 31, 2009.
7.2 Contract Extension
This Contract may be extended by mutual agreement of the parties. The term of any extension
shall be for twenty- four (24) months from January 1, 2010 through December 31, 2011.
The City shall notify the Contractor in writing of the City's intent to extend this Contract by June
30,2009. The Contractor shall reply in writing of the Contractor's intent to accept the Contract
extension by July 31,2009. The Contract extension shall be executed in writing no later than
September 30, 2009.
8. CONTRACT AMENDMENTS
This Contract including the Contractor's proposal in response to the LMRG RFP and any written
clarifications or modifications to the contents thereof submitted by the Contractor, forms the full
19
and complete agreement of the parties of the matters contemplated herein. Any amendments to
this Contract shall be valid only when reduced to writing, and duly signed by the parties.
9. SIGNATURES TO EXECUTE THIS CONTRACT
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written.
The Contractor:
City of Shorewood:
Veolia ES Solid Waste Midwest, LLC
By
By
Christine Lizee, Mayor
By
By
Craig W. Dawson, City Admr.
APPROVED TO FORM
By
Timothy J. Keane, City Attorney
20
Table of Contents
1. CONTRACT PREAMBLE ..................................................................................... 1
2. D EFINITI 0 N S .......................................................................................................... 1
2.1 Aluminum Cans................................................................................................. 1
2.2 Contractor (new) .... .......... ......... ......... ........... ..... ............. ................ ......... .......... 1
2.3 Curbside............................................................................................................. 1
2.4 Curbside Recycling Container........................................................................... 2
2.5 Curbside Recycling Service .............................................................................. 2
2. 6 Fiber .................................................................................................................... 2
2.7 Glass Jars and Bottles...... ......................... .... ........... ............ ......... ............. ........ 2
2.8 Household Office Paper and Mail (HOPM) ...................................................... 2
2.9 Markets.............................................................................................................. 2
2.10 Materials Recovery Facility (MRF) .................................................................. 2
2.11 Multi-Family Dwellings (MFD) ........................................................................ 2
2.12 Non-Targeted Materials..................................................................................... 2
2.13 Old Boxboard (OBB) ......................................................................................... 2
2.14 Old Currugated Cardboard (OCC)..................................................................... 3
2.15 Old Magazines (OMG) .................. ....... ........... .... .............. ............. ........... ........ 3
2.16 Old Newspaper (ONP)..... ....... ......... ............. ........... ........ .......... ......... ........... .... 3
2.17 Plastic Bottles... .................. .................. .... ............. ............ ............... ......... ......... 3
2.18 Process Residuals.......... .................... ......... ............... .................. ......... ......... ..... 3
2.19 Processing.......................................................................................................... 3
2.20 Processing Center............................................................................................... 3
2.21 Recyclable Materials or Recyclables ................................................................. 3
2.22 Recycled Content Products................................................................................ 3
2.23 Request for Proposals (RFP) ............................................................................. 4
2.23 Revenue Sharing .............................................................................................. 4
2.24 Steel Cans........................................................................................................... 4
2.25 Waste.................................................................................................................. 4
3. GENERAL REQUIREMENTS FOR ALL COLLECTIONS.............................. 4
3.1 Contractor Service Requirements...................................................................... 4
3.2 Contractor Licensing Requirements .................................................................. 4
3.3 Collection Vehicle Equipment Requirements.................................................... 4
3.4 Personnel Requirements.... ........... ....... .... ................. .... .... .......... ............. ....... .... 5
3.5 Point of Collection.... ...... ...... .................... ......... ............ .................. ......... ......... 5
3.6 Recycling Containers......................................................................................... 5
3.7 Collection........................................................................................................... 6
3.8 City Retain Right to Specify Resident Preparation Instructions........................ 6
3.9 Procedure for Unacceptable Recyclable Materials ............................................ 6
3.9.1 Driver Education Tag .............................................................................. 6
3.9.2 Recording Addresses with Unacceptable Materials ................................. 6
3.10 Collection Days... ..... .............. ......... ............. ........ ....... ..... ...... ....... .... ..... ............ 7
3.11 Collection Hours................................................................................................ 7
21
3.12 Cleanup Responsibilities..................................................................................... 7
3.13 Missed Collection Policy & Procedures ............................................................ 7
3.14 Non-Completion of Collection and Extension of Collection Hours .................. 8
3.15 Severe Weather.................................................................................................. 8
3.16 Holidays............................................................................................................. 8
3.1 7 Weighing of Loads............................................................................................. 8
3.18 Unauthorized Collection ..... ................... ......... ..... ................................ ....... ....... 8
3 .19 Utilities.. . . . .. .. .. .. .. .. .. .. . .. .. .. . . . .. . .. .. . .. . . .. . .. . .. .. . . . .. .. .. . .. . . . .. .. . . .. .. .. .. . .. . .. . . . .. . .. . .. .. . . .. . .. ... 8
3.20 Damage to Property........................................................................................... 9
3.21 Municipal Facilities................. .................. ..... ..... .......... ...... ............ .... ......... ..... 9
3.22 Reports and Meetings........ ................... ....... ......... .............................. ......... ...... 9
3.22.1 Materials Reports.................................................................................... 9
3.22.2 Monthly Customer Relations Report..................................................... 10
3.22.3 Annual Performance Review Meeting .................................................. 10
3.23 Publicity, Promotion, and Education ............................................................... 10
3.23.1 City - Provided Public Education ......................................................... 10
3.23.2 Contractor Provided Public Education .............................................. 10
4. MATERIALS PROCESSING AND MARKETING ........................................... 11
4.1 Processing Facilities Must Be Specified.......................................................... 11
4.2 Lack of Adequate Market Demand.................................................................. 11
4.3 Estimating Tonnage of Recyclablesby City.................................................... 12
4.4 Estimating Materials Composition as Collected.............................................. 12
4.5 Estimating Process Residuals .......................................................................... 12
4.6 Performance Monitoring.................................................................................. 12
4.7 End Market Certification ................................................................................. 12
5. PAYMENT AND DAMAGES ............................................................................... 13
5.1 Compensation for Services.............................................................................. 13
5.2 Revenue Sharing............. .......................... ........ ....... ......................... ....... ........ 13
5.3 Liquidated Damages.... ..... ................. ......... ..... .... .......... ........ .... ...................... 13
6. INSURANCE AND OTHER LEGAL REQUIREMENTS................................. 14
6.1 Insurance.......................................................................................................... 14
6.2 Worker's Compensation........... .................. ..... ............ .... ................. ......... ....... 15
6.3 Employee Working Conditions and Respondent's Safety Procedures............. 15
6.4 Equal Opportunity........ ............... ................... ............ ......................... ....... ...... 15
6.5 Compliance with Laws & Regulations ............................................................ 15
6.6 Governing Law................................... ................ .................. ............... ............ 15
6. 7 Waiver..... .... ................. ..... ............ .............. ........... ................ ........... ......... ...... 16
6.8 Termination... ................... ........ ....... ........... ..... ............ ...... ........... ...... ..... ......... 16
6.9 Severability...................................................................................................... 16
6.10 Accounting Standards... ................... ........... ........... ........ ...... ............. ..... .......... 16
6.11 Retention of Records ....................................................................................... 16
6.12 Data Practices................................................................................................... 16
6.13 Inspection of Records and Disclosure.............................................................. 16
6.14 Independent Contractor.................................................................................... 17
6.15 Transfer of Interest...... ........................ .................. ........ ........ ........... ....... ......... 17
22
6.16 Non-Assignability... ................. ........ ........... ............ ........... ............... .... ........... 17
6.17 Bankruptcy ...................................................................................................... 17
6.18 Indemnification.. .......... ............. ....... .... ...... .... .............. ........... .................... ..... 17
6.19 Performance & Payment Bond ........................................................................ 18
6.20 Conflict of Interest..... ......... ............ ....... ......... ............ ......... ........... ................. 18
6.21 Entire Contract............ ........... ....... .... ....... .............................................. .......... 18
6.22 Contract Conditions..... .... ......... ....... ....... ........... .............. ......... ...... ...... ........... 18
7. TERM OF CONTRACT ........................................................................................ 18
7.1 Original Term of This Contract ...................................................................... 18
7.2 Contract Extension ......................................................................................... 18
8. RFP AND CONTRACTOR'S PROPOSAL SHALL BECOME PART
OF THIS CONTRACT BY REFERENCE ......................................................... 19
9. PAYMENT TERMS .............................................................................................. 19
9.1 Per Household Collection Fee ........................................................................ 19
9.2 Household Count ............................................................................................ 19
9.3 Other................................................................................................................ 19
1 O. CONTRACT AMEND MENTS ............................................................................ 19
11. SIGNATURES TO EXECUTE THIS CONTRACT .......................................... 20
23
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
DATE:
February 28, 2007
TO:
Mayor and Council Members
FROM:
Craig W. Dawson, City Administrator
RE:
An Ordinance Amending the Planning Commission Chair and Vice-Chair
selection
The existing Planning Commission Ordinance states that the Planning Commission Chair and
Vice-Chair shall be appointed by the City Council. Council directed staff to amend the
ordinance to allow for the Planning Commission to appoint the Chair and Vice-Chair.
The attached draft ordinance makes this amendment.
Council Action
Staff recommends approval of an Ordinance Amending Chapter 201 of the Shorewood City
Code relating to the Planning Commission.
~"
t .. PRINTED ON RECYCLED PAPER
......
113&
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 201
OF THE SHOREWOOD CITY CODE
RELATING TO THE PLANNING COMMISSION
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 201.04, Subd. 1 and Subd. 2 of the Shorewood City Code shall be amended to
read as follows:
Subd. 1.
Officers: The Chair and Vice-Chair shall be appointed annually by the members of
the Planning Commission.
Subd.2
Term. The term of the Chair and Vice-Chair shall be for one year.
Section 2. This ordinance shall be in full force and effect following its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
March, 2007.
CHRISTINE LIZEE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
MEMORANDUM
TO:
FROM:
DATE:
RE:
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, P.E., Director of Public Works
James Landini, P.E., City Engineer
March 08, 2007
License Agreement to connect to City Stormwater, Peach Circle
Peter and Nancy Kizilos-Clift of26395 Peach Circle have petitioned the City of
Shorewood to connect to drainage draintile located in the public right-of-way. The
draintile would convey sump pump discharge to the storm drain infrastructure. Currently
they are discharging sump pump discharge to the street boulevard, which results in
standing water and ice on Peach Circle and degraded surface water quality.
Recommendation
Staff recommends that the City Council approve the attached resolution authorizing a
license agreement with Peter and Nancy Kizilos-Clift.
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CITY OF SHOREWOOD
RESOLUTION NO. 07-
RESOLUTION AUTHORIZING
MAYOR OR CITY ADMINISTRATOR TO
EXECUTE A LICENSE TO ALLOW DRAINTILE CONNECTION
IN STRAWBERRY LANE RIGHT-OF-WAY
WHEREAS, the City of Shorewood (City) has been petitioned to enter
into a license agreement to allow a draintile connection in the Strawberry Lane Right-of-
Way with Peter and Nancy Kizilos-Clift (Resident); and
WHEREAS, in order for the City to enter into a license agreement, a
License Agreement with the Resident has been prepared, and establishes conditions for
the use of such infrastructure.
NOW, THEREFORE, BE IT RESOLVED that the Shorewood City
Council hereby approves and authorizes the Mayor or the City Administrator to execute
the License Agreement on behalf of the City.
ADOPTED by the Shorewood City Council this 12th day of March, 2007.
Christine Lizee, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR
LICENSE TO ALLOW
DRAINTILE CONNECTION
IN CITY RIGHT-OF-WAY
This License Agreement between Peter & Nancy Kizilos-Clift ("Landowners") and
the City of Shorewood ("City") is made with reference to the draintile connection,
located at 26395 Peach Circle, in the City of Shorewood.
1. The Landowner acknowledges that the draintile connection on the property at
26395 Peach Circle is or will be located entirely or partly on the right-of-way.
2. In consideration of the City's agreement to allow the draintile connection to
remain in its right-of-way, the Landowner agrees to hold the City harmless from
any claim of damage against the City arising out of the draintile connection.
3. Additionally, in consideration of this License, the Landowner agrees to bring no
claim against the City for damage to the draintile connection caused by City's
agents or employees in the maintenance of the right-of-way.
4. Landowner acknowledges that the City may, in its sole discretion require the
removal of the draintile connection from its right-of-way, at any time in the future.
Dated:
LANDOWNER(S)
CITY OF SHOREWOOD
Peter & Nancy Kizilos-Clift
Craig W. Dawson, City Administrator
The foregoing instrument was acknowledged before
me this _ day of , 2007.
Notary Public
March 7, 2007
TO: Shorewood City Council
FR: Peter and Nancy Kizilos-Clift, 26395 Peach Circle, Shorewood, MN 55331
RE: Water Drainage Issue
We would like to petition the City of Shorewood to use the drain tile system on
Strawberry Lane.
Sincerely,
pfff~ -~
3/7 /0]
Date I I
!d ~~ Uft
aM-f -
N cy Kizilo - lift
.1/7/07
Date I
MAR _ 72007
CITY OF SHOREW
----=.:..:.:----2QQ",
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
MEMORANDUM
DATE:
March 2, 2007
TO:
Mayor and Council Members
FROM:
Craig W. Dawson, City Administrator
RE:
Lifeguard Services Agreement for 2007
The City jointly operates Crescent Beach with the City of Tonka Bay. Expenses for lifeguard
services are shared by the cities. Minnetonka Community Education has provided these services
in the past, and has submitted a proposal for the summer of2007.
At its meeting on February 27, the Tonka Bay City Council approved the agreement for 2007
Lifeguard Services with Minnetonka Community Education.
The proposed agreement is attached. The beach will be staffed from June 9 - August 19, seven
days per week. One lifeguard will be on duty from 12:00 noon to 6:00 p.m. The City of
Shorewood's fee for services for 2007 would be $3,482. This is slightly higher than the 2006 fee
of $3,224. Sufficient funding is included in the 2007 budget to meet the proposed fee.
COUNCIL ACTION:
Staff recommends that the City Council approve and authorize the City Administrator to execute
the Agreement for Lifeguard Services for 2007 with Minnetonka Community Education (MCE).
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4F3L
1. Contractor's Service
1
Proposed Agreement:
Lifeguard Services for the Ci
Summer 2007
Submitted by:
Minnetonka Community Education (Contractor)
4584 Vine Hill Road, Excelsior MN 55331
February 6,2007
A. Lifeguard Services.
The Contractor agrees to provide the city with qualified American Red Cross Certified
personnel to Lifeguard the following beaches from June 9 though August 19,2007 on a
seven day per week schedule.
. Cresent Beach - one guard form 12:00pm- 6:00pm
B. The Contractor agrees to provide:
. An appropriate number oflifeguards on duty at all times, according to any
applicable industry standards or regulations;
. Ongoing in-service trainings during the summer season for all lifeguards;
. Supervision of lifeguard personnel;
. Safety equipment (back board & First Aid kits) for the lifeguards
2. City Obligations.
A. Beach. The City agrees to provide a safe, clean and well-maintained beach and
beach area as stated in this agreement. This includes defined swimming boundaries;
sand and water free of debris and safety hazards; clean and sanitary restrooms; and a
lifeguard station. The City agrees to provide a working telephone, rescue tubes,
megaphone and lifeguard chairs as well as a safety boat with oars.
B. Payment. The City agrees to pay the Contractor a total of $ 3,482. in two equal
payments on July 16, 2007, and on August 16, 2007, in return for services as stated in
this agreement.
3. Reports.
The Contractor will provide the city with all necessary information relating to the Lifeguard
Services in order for the City to properly maintain the beach. On an as need basis the Aquatics
Program Manager will report to the city representative in regards to incidents and/or accidents.
At the end ofthe season (October 15, 2007) the Contractor will provide the city with a full
report of beach activity during the season.
1
4. Insurance.
The City is responsible for obtaining property and liability coverage for the beach. The
Contractor will maintain professional liability and comprehensive general liability coverage for
all employees in an amount consistent with Chapter 466 of the Contractor.
5. Indemnification.
The Contractor agrees to indemnify and hold harmless the City, its employees and officers from
any and all liability, loss, cost, damages, and expenses including but not limited to property
damage and personal injury, including death, which arise in connection with any acts or
omissions of Contractor's employees. The City agrees to indemnify and hold harmless the
Contractor and its employees, officers, and agents from any and all liability, loss, cost, damages
and expenses including but not limited to property damage and personal injury, including death,
which arise in connection with the City's performance of this contract or in connection with any
acts or omissions of city employees.
6. Liability.
Employees of the Contractor and all other persons engaged by the Contractor in the
performance of any work or services required, volunteered, or provided for herein to be
preformed by Contractor shall not be considered employees of the City and any and all claims
that mayor might arise under the Worker's Compensation Act of the State of Minnesota on
behalf of said employees while so engaged in any of the work or services provided to be
rendered herein, shall in no way be the obligation or responsibility of the City, and other
persons engaged by the City in the performance of any work or services required or provided
for herein to be performed by the City shall not be considered employees of the Contractor, and
any and all claims that mayor might arise under the Worker's Compensation Act ofthe State of
Minnesota on behalf of said employees while so engaged and any and all claims by any third
parties as a consequence of an act or omission on the part of said employees so engaged in any
of the work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the Contractor.
7. Terms of Agreement.
Notwithstanding the date of the signature of the parties to this Agreement, upon acceptance by
all parties, this agreement shall be deemed to be effective upon signature by all parties and shall
remain in effect until October 2007 unless earlier terminated by either party, with or without
cause, upon 45 days written notice or as otherwise provided in this Agreement.
2
8. Default.
Ifthe Contractor or City fails to perform any of the provisions of the Agreement or so fails to
administer the work as to endanger the performance of this Agreement, this shall constitute
default. Unless the party in default is excused by the other party, the non-defaulting party may
upon written notice immediately cancel this Agreement in its entirety.
9. Subcontractors.
The Contractor shall not enter into any subcontract for performance of any services
contemplated under this Agreement nor sign any interest in this Agreement without the prior
written approval ofthe City and subject to such conditions and provisions as the City may deem
necessary. The Contractor shall be responsible for the performance of all subcontractors.
10. Authorized Representatives.
The Parties to this Agreement shall appoint an authorized representative for the purpose of
administration of this Agreement. The authorized representative of the city is:
City Administrator
5755 Country Club Road
Shorewood, MN 55331
(952) 474-3236
The Authorized representative of the Contractor is as follows:
Tim Litfin, Executive Director
Minnetonka Community Education
4584 Vine Hill Road, Excelsior, MN 55331
(952) 401-5043
11. Amendments.
Any amendments to this Agreement will be in writing and will be executed by the same parties
who executed the original Agreement, or their successors in office.
12. Entire Agreement.
It is understood and agreed that the entire Agreement of the paIiies is contained herein and that
this Agreement supersedes all oral Agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous Agreement presently in effect between the
parties relating to the subject matter hereof.
In Witness Whereof, the parties have caused this Agreement to be duly executed intending to
be bound thereby.
3
City of Shorewood
Name & Title
Minnetonka Community Education
Tim Litfin, Executive Director
Date:
Date:
4
MEMORANDUM
TO:
FROM:
DATE:
RE:
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, P.E., Director of Public Works
James Landini, P.E., City Engineer
March 08, 2007
Approval of a License Agreement with Minnehaha Creek Watershed
District for use of the Watershed Management Model
In preparation for the Comprehensive Water Resource Management Plan the City has
requested, and Minnehaha Creek Watershed District has offered its Stormwater
Management Model to assist the City and its consultants with planning, in particular for
phosphorous allocations. The District would share the stormwater model data with the
City at no charge after a conditional use license is approved by Council resolution.
Recommendation
Staff recommends that the City Council approve the attached resolution authorizing
execution of a conditional use license with Minnehaha Creek Watershed District.
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
CITY OF SHOREWOOD
RESOLUTION NO. 07-
RESOLUTION AUTHORIZING
MAYOR OR CITY ADMINISTRATOR TO
EXECUTE A LICENSE AGREEMENT
WITH MINNEHAHA CREEK WATERSHED DISTRICT
FOR ELECTRONIC WATERSHED MANAGEMENT MODEL DATA
WHEREAS, the City of Shorewood (City) has a desire to obtain
electronic watershed management model data from Minnehaha Creek Watershed District
(District); and
WHEREAS, in order for the City to obtain this information, the City must
execute a License Agreement with the District, which establishes conditions for the use of
such data.
NOW, THEREFORE, BE IT RESOLVED that the Shorewood City
Council hereby approves and authorizes the Mayor or the City Administrator to execute
the Conditional Use License Agreement on behalf of the City.
ADOPTED by the Shorewood City Council this 12th day of March, 2007.
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator
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LICENSE AGREEMENT
MINNEHAHA CREEK WATERSHED MANAGEMENT MODEL
Licensee:
THIS LICENSE AGREEMENT is entered into by the Minnehaha Creek Watershed
District ("District"), a political subdivision of the State of Minnesota, and
, a ("User").
WHEREAS the District has developed a model consisting of geographic-based data that
may be used to determine hydrologic, hydraulic and water quality conditions at all
specific points within the watershed under specified land use and land cover scenarios
("Minnehaha Creek Watershed Management Model," or MCWMM);
WHEREAS the MCWMM has been developed for application to watershed-wide
planning as well as to the evaluation ofthe local consequences of development or public
infrastructure proj ects;
WHEREAS the MCWMM has been developed with public resources, and it is the
District's intent that the MCWMM be made available to other public bodies to provide
the greatest public benefit for purposes of water resource planning, management and
protection;
WHEREAS the District finds that wide usage ofthe MCWMM by public bodies within
the watershed has watershed-wide benefit, wishes to promote such use, and therefore has
determined not to charge other public bodies for use of the MCWMM;
WHEREAS the District and User have a shared interest in the District's maintenance of
current geographic-based data within the MCWMM so that the MCWMM continues to
reflect existing conditions at the time of use; and
WHEREAS the District has determined that the MCWMM data are classified as "trade
secret information," nonpublic data and otherwise data not subject to disclosure under the
Minnesota Data Practices Act, Minnesota Statutes Chapter 13;
NOW THEREFORE, in consideration of the foregoing, the District and User agree as
follows:
1. Use of MCWMM Data
1.1 Authorized Uses. User is granted a nonexclusive, nontransferable and nonassignable
license to use the MCWMM. This license shall be in effect only during compliance by
User and its agents, consultants and contractors (ACC's) with the terms and conditions of
this License Agreement. User and, pursuant to section 1.3, its ACC's may use the
MCWMM in the form provided by the District for User's own authorized public purposes
1
and for no other purpose. User and its ACC's may modify or transfer the MCWMM data,
or merge the MCWMM data into other data bases, only for User's authorized public
purposes. User and its ACC's may operate on the MCWMM data using such proprietary
or public software as it independently is authorized to use and may disclose or distribute
the products of that operation, but it may not disclose or distribute the MCWMM data in
the same or substantially the same form as received from the District.
User may duplicate the MCWMM data for use by User and its ACC's, provided the
central processing units on which the MCWMM data are maintained support only
equipment operated by User and its ACC's, and the MCWMM data are used only for
User's own authorized public purposes. Except for off-site backup pursuant to
established procedures, User and its ACC's shall not remove the MCWMM data from
their place of business.
1.2 Unauthorized Uses. User and its ACC's shall not use the MCWMM data on behalf
of any individual, organization, corporation, government entity, or any other party other
than User. User's ACC's shall use the MCWMM data only in the conduct of User's
business and for User's authorized public purposes. User and its ACC's shall not
duplicate or disclose the MCWMM data to any third parties unless such use, duplication
or disclosure is expressly authorized in writing by the District. User and its ACC's shall
not charge third parties for the availability of the MCWMM data. This shall not prevent
User and its ACC's from charging third parties as otherwise authorized for its software
costs, staff time or other ancillary costs associated with modeling and analysis using the
MCWMM data.
User acknowledges that the District has declared the applicability of copyright protection
to the MCWMM data. User shall conform to all legal requirements consistent with the
copyright status of the data as declared by the District.
1.3 Third Party Access. rfit is necessary for User to make the MCWMM data available
to an outside ACC for User's authorized public purposes, User must obtain from each
ACC and provide to the District a signed copy of the Watershed Management Model
Third-Party Certification attached to and incorporated into this License Agreement as
Attachment A, and must receive a written authorization from the District.
1.4 Data Security. User and its ACC's agree to take all necessary and reasonable steps to
ensure the MCWMM data are not disclosed or made accessible in whole or in part to
third parties except as may be authorized in this License Agreement. User and its ACC's
agree they will not knowingly or negligently allow their employees or agents to copy,
sell, disclose or otherwise make the MCWMM data available to others. User and its
ACC's agree to immediately notify the District by telephone and in writing of any
unauthorized sale or other disclosure. User and its ACC's further agree to prevent
unauthorized disclosure through appropriate security measures including, but not limited
to, providing physical security for copies of the MCWMM data and taking all steps that
2
they take to protect tangible and intangible data products of their own that they regard as
proprietary, confidential or nonpublic.
1.5 Data Practices Act. User shall treat the MCWMM data as nonpublic data not
subject to public disclosure under the Data Practices Act and shall advise any requestor of
the data classification accordingly. User shall notify the District immediately of any
challenge to User's withholding of the MCWMM data and shall not release the
MCWMM data, or any part thereof, pursuant to the Data Practices Act without written
authorization from the District.
1.6 Reservation of Rights. The MCWMM data are the exclusive property of the District,
which retains all right, title and interest in the MCWMM data, including the right to
license the data to other users. Any right or remedy provided to the District in this
License Agreement shall be nonexclusive and in addition to any other right or remedy
available to the District in law or equity.
1. 7 Errors and Omissions. User timely shall advise the District in writing of any errors
or omissions it finds within the MCWMM data.
1.8 Annual Report. User shall submit to the District annually by January 31 a report
containing the following information: (a) a description of each change in land use, land
cover and stormwater conveyancing infrastructure since the date of the previous annual
report that may affect the outcome of hydrologic, hydraulic or water quality modeling
within the drainage area where the change has occurred, including all information
necessary for the District to maintain the currency of the MCWMM; (b) a text description
of User's use of the MCWMM data since the date of the previous annual report; and (c)
the name and contact information for the User's representative(s) who may be contacted
for further information regarding the matters in the report.
2. License Agreement Term and Termination
2.1 Term. The term of this License Agreement shall commence upon execution ofthis
License Agreement by both parties and shall end on the January 31 first following
commencement. Notwithstanding, the License Agreement shall renew automatically
from year to year provided that the District has received the annual report required by
paragraph 1.8.
2.2 Termination for Cause. Notwithstanding section 2.1, the District may terminate this
License Agreement at any time on written notice to User if User fails to comply with the
terms and conditions of this License Agreement, and may terminate the License
Agreement without cause on 30-day notice to User.
2.3 Return or Destruction of MCWMM Data. When this License Agreement has been
terminated, User must either destroy all copies of the MCWMM data and provide to the
3
District written certification of the destruction, or return all copies of the MCWMM data
to the District.
3. Limited Warranty and Disclaimers
3.1 Limited Warranty. The MCWMM data provided by the District are made available
to User subject to the following limitations and restrictions:
(a) User is responsible for the installation and use of the MCWMM data and the results or
consequences obtained from User's installation or use of the MCWMM data.
(b) The District does not warrant that the MCWMM data are error free, and disclaims any
other warranties, express or implied, respecting this License Agreement or the
MCWMM data.
(c) THE MCWMM DATA, AND ASSOCIATED MANUALS, REFERENCE
MATERIALS AND TECHNICAL DOCUMENTATION (IF ANY), ARE
PROVIDED "AS IS" WITHOUT ANY SUPPORT WHATSOEVER AND
WITHOUT WARRANTY AS TO THEIR PERFORMANCE,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
MCWMM DATA IS ASSUMED BY USER.
(d) THE DISTRICT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFIT, OTHER FINANICAL LOSS, LOSS OF DATA, OR ANY
OTHER DAMAGE OF ANY KIND ARISING OUT OF USER'S USE OR
ATTEMPTED USE OF THE MCWMM DATA, OR ANY THIRD PARTY
CLAIMS THAT MAY RESULT FROM THE USE OF THE MCWMM DATA,
EVEN IF THE DISTRICT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH POTENTIAL LOSS OR DAMAGE.
3.2 Sole Remedies. User's sole and exclusive remedy for breach of these limited
warranties shall be to return the MCWMM data to the District within sixty (60) days of
receipt. The District shall replace or repair the MCWMM data at its discretion and return
the MCWMM data to User.
3.3 Indemnification. User shall indemnify, defend and hold harmless the District, its
officers, board members, employees and agents from any and all actions, costs, damages
and liabilities of any nature related to User's use of the MCWMM data, to the degree
they are the result of User's or an ACC's negligence, or other action or inaction by User
or an ACC that is the basis for User's or an ACC's liability in law or equity. Nothing in
this License Agreement shall be construed to waive any immunity applicable to the
District or User or otherwise to create a right in any third party.
4
4. General Terms and Conditions
4.1 Whereas Clauses. All recitals included in this License Agreement are incorporated
into and considered a part of the Agreement.
4.2 Amendment. The terms of this License Agreement may be amended only by written
agreement of the District and User.
4.3 Governing Law. This License Agreement shall be governed by and interpreted
according to the laws of the State of Minnesota.
4.4 Waiver. No waiver of any violation of this License Agreement shall constitute a
waiver of any subsequent violation, whether of the same or of any other term. Subsequent
performance of any of the terms of this License Agreement shall not constitute a waiver
of any preceding violation, regardless ofthe other party's knowledge of the preceding
violation at the time of subsequent performance. The delay or omission of any party's
exercise of any right arising from any default shall not affect or impair the party's rights
regarding the same or future default.
4.5 No Agency. The District and User are independent parties for all legal purposes
hereunder, and nothing herein shall be construed to create an agency, joint venture,
partnership or other form of business association between the parties.
4.6 Assignment. User shall not assign, sublet or transfer this License Agreement in
whole or in part, without the prior written consent of the District. Any attempt to assign,
sublet or transfer this License Agreement without prior written consent shall be void and
of no force or effect.
4.7 Correspondence. Correspondence regarding this License Agreement or the
MCWMM data shall be directed as follows:
To the District:
Modeling Coordinator
Minnehaha Creek Watershed District
18202 Minnetonka Boulevard
Deephaven MN 55391
To User:
4.8 Survival of Provisions. All obligations of User regarding use and protection of the
MCWMM data, all indemnification obligations and limitations on all warranties in this
License Agreement shall survive termination of the Agreement.
5
4.9 Authority. The person or persons executing this License Agreement on behalf of
User represent that they are duly authorized to execute this License Agreement on behalf
of User and represent and warrant that this License Agreement is a legal, valid and
binding obligation enforceable according to its terms.
INTENDING TO BE LEGALLY BOUND by the foregoing terms:
Print title:
Date:
(Attach Resolution of Governing Body Authorizing Signature)
MINNEHAHA CREEK WATERSHED DISTRICT
President
Date:
6
ATTACHMENT A
WATERSHED MANAGEMENT MODEL THIRD-PARTY CERTIFICATION
hereby requests authority to exercise rights to use the
Minnehaha Creek Watershed District's Watershed Management Model (MCWMM) as an
agent, consultant or contractor to under the License Agreement
executed on between and the Minnehaha Creek
Watershed District. In assuming that authority, and in consideration therefore,
hereby represents and affirms that it has received and is familiar
with the cited License Agreement, that its authority is limited by the terms of the
Agreement, and that it is fully subject to all limitations, obligations and liabilities set
forth in that Agreement to the same extent as if it were a signatory thereto.
[NAME of ENTITY]
By
(Type or print name and title)
Date:
(Notary Acknowledgment)
7
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
March 8, 2007
RE:
Authorization for Expenditure of Funds for Repairs to the Sanitary Sewer Lift
Stations.
Some of the key components to the sanitary sewer collection system are comprised of the fomieen-
wastewater lift (pumping) stations located throughout the City. Mechanical failure of a single
station can result in many homes being dramatically impacted if not maintained, checked, and
monitored properly.
As part of the annual maintenance to the lift stations, the City has requested Braun Pump to perform
annual "service checks" for each lift station. This service includes an independent inspection by the
contractor of all the equipment and pumps, and provide written documentation for any and all
deficiencies. This type of service has been invaluable, in that the insurance carrier credits the city in
having an independent firm checking to insure that everything is within specifications. In turn, the
City budgets for anticipated repairs each year as part of the maintenance budget for the sanitary
sewer-operating budget. This year is no exception.
Attachment 1 is the proposal provided by Braun Pump, Inc. Typically, repairs include periodic tear
down and rebuilding of pumps that weal' over time. Of the fourteen lift stations, this year lift
stations 6, 9, 10, and 11 need work, as documented in the proposal.
Recommendation
Staff is recommending approval of the proposal, as provided by Braun Pump Inc., and attached to
this memorandum as Attachment 1, and is to be funded from the local sanitary sewer fund.
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#3(::
BRAUN PUMP & CONTROLS
February 22, 2007
Larry Brown
City of Shorewood
5755 Country Club Rd
Shorewood, MN 55331-8927
Dear Larry,
We are pleased to offer you this quotation on parts for the repairs needed at your Lift Stations.
Lift Station #6
Standard Rebuild of Pump #2 (bearings, seals, etc.)
Estimate $1,200.00
Lift Station # 11
Two (2) 4" Flygt Adapter Brackets
Parts $ 399.00 each
Lift Station #9
Standard Rebuild of Pump #1 (bearings, seals, etc.)
Two (2) 4" Flygt Adapter Brackets
Estimate $ 1,500.00
Parts $ 399.00 each
Lift Station #10
Standard Rebuild of Pump #2 (bearings, seals, etc.)
Estimate $ 1,500.00
None ofthc above pricing includes field service, freight charges or sales tax.
Note: We are quoting standard rebuilds only, any machining would be additional.
Note: We will supply loaner pumps to use at no charge while pumps are being rebuilt.
Please feel free to call with any questions.
Sincerely,
D~kr 1:10 6r if It( cp
DB/jb
201 4th Ave. S.W. · P.O. Box 187 · New Prague, Minnesota 56071
952-758-6600 · Fax 952-758-7778
I ATTACHMENT 1
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
February 7, 2007
RE:
Authorize Expenditure of Funds for Heavy Equipment Repairs
With the exception of the Public Works Department loader, there are no other pieces of equipment
that are used more frequently in the Public Works Depaliment, as the fleet of dump trucks. These
trucks are used for hauling, sanding, and snow plowing. In particular, snow plowing takes a severe
toll on these vehicles.
During the latest inspection of Unit 68 (1998 Ford dump truck), Brad Mason, Shop Technician,
noted that the radiator and adjacent cowlings had stress fractures. Upon further investigation, he
found that one of the engine mounts that holds the engine in place had sheared and had actually
elongated the point of mounting at the transmission housing for the truck. After several discussions
with the manufacturer, it was noted that this is not an uncommon occurrence with plow trucks, due
to the stresses placed on these vehicles, while in service.
The result is, that the engine, transmission and transmission bell housing have to be removed from
the truck. From that point, it will be determined if machining is possible to perform repairs, or if
the bell housing will have to be replaced.
Staff reviewed this repair to determine if this could be performed in house. Due to the specialized
equipment required for this repair, this will have to be contracted with one of two firms. Either
Boyer Ford, as they are the heavy equipment dealer in the Minneapolis region, or Ziegler
Caterpillar, as the engine is a Cat Engine.
Staff solicited proposals by Boyer Ford and Ziegler Caterpillar to perform the work. It is
noteworthy that Ziegler resisted putting a proposal together in writing, without performing a tear
down of the vehicle first. That being stated, Staff pressed them for a proposal, as best as they could
provide.
,{". PRINTED ON RECYCLED PAPER
"''''
Mayor and City Council
Authorize Funds for Heavy Equipment Repair
March 7, 2007
Page 2 of2
Results from the proposal are indicated below:
Vendor Estimate of Repairs
Ziegler Caterpillar $4,615.00
Boyer Ford $4,863.00
Table 1
It should be noted that the figures above, do not include repairs that will be required for the cooling
system repairs, taxes or impact fees.
As mentioned previously, Staff noted the reluctance of Ziegler to put a proposal together. Upon
inquiry it was also noted that Boyer Ford has performed many of these same repairs, and had little
reservation about putting together a written proposal. Undoubtedly, as with any vehicle repair, the
total costs can not be determined until such time as the vehicle has been torn down and inspected.
However, it was noteworthy the different comfort level each vendor had for the procedure.
The difference between the proposals amounted to $248.00. Based upon the proposals provided,
Staff is recommending that the work be awarded to Boyer Ford. This recommendation is begin
made for several reasons.
First, utilizing Boyer Ford will insure that the City will have the manufacturer performing the
repairs to Original Equipment Manufacturer's (OEM) specifications. Second, based on the number
of repairs performed by each vendor, it would appear that Boyer Ford has had considerably more
experience at performing these types of repairs. Are both vendors capable of performing the
repairs? Yes. However, knowing that the true costs will only be determined after the repairs have
been completed, and the difference between the estimates provided is minimal, Staff is
recommending that the work be performed by Boyer Ford.
Recommendation
Staff is requesting authorization for the expenditure of funds from the Equipment Replacement
Fund for repairs to Unit 68, to be performed by Boyer Ford, not to exceed $6,000.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
J ames Landini, City Engineer
DATE:
March 8, 2007
RE:
Public Information Meeting - Storm Water Pollution Prevention Program (SWPPP)
As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National
Pollutant Discharge Elimination System (NPDES) permit. The two main requirements of this permit
are preparation of a Storm Water Pollution Prevention Program (SWPPP) and subsequent annual
reports. In preparation for the annual report, a public meeting must be held to discuss the SWPPP.
In accordance with those requirements, we are holding the public meeting and all public comments
received will be recorded in the Record of Decision, which will be filed with the annual report. During
the public meeting, I will be giving a brief presentation outlining the SWPPP and items that will be
included in the annual report. Attached to this memo are the slides for this presentation, along with the
annual report that was submitted for 2005.
The deadline for the 2006 annual report is June 30, 2007. The format of the report will be similar to
the 2005 format. Some of the activities that will be reported in the 2006 report include the following:
. five water quality-related articles published in the ShoREport
. Ongoing public education and outreach (web site)
. Tonight's public meeting
. Completion of storm sewer base map
. Ongoing staff training
The report will discuss the Minimum Control Measures (as defined in the SWPPP) that are used to
evaluate if the City is in compliance with its existing permit.
Recommendation
Staff is recommending that once the City Council has conducted the Public Information Meeting, a
motion be approved directing Staff to prepare a Record of Decision. It is further recommended that the
Annual Report be presented at the May 14, 2007 City Council Meeting for approval under the Consent
Agenda.
~"
~J PRINTED ON RECYCLED PAPER
11 foA
ANNUAL REPORT for 2005
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
For Calendar Year 2005
Due June 30, 2006
Use of this form is mandatory. By completing this Annual Report form, you are "providing the Minnesota
Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an
assessment of the appropliateness of your identified best management practices and progress towards achieving your
identified measurable goals for each of the minimum control measures" as required by the MS4 Permit.
Submit your annual report by June 30, 2006 to:
MS4 Stormwater Program
Municipal Division
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155-4194
If you have questions about the MS4 Annual Report for 2005 fom1, please visit the MPCA's MS4 Web site,
www.pca.state.rnn.us/water/st01111water/stom1water-ms4.html or call the MPCA's Keith Cherryholmes (651) 296-6945,
or Scott Fox (651) 296-9433. Contact the MPCA toll free at (800) 657-3864.
City of Shorewood
Name of MS4
Steve Gumey
Name of Contact Person
952474-3236
~'elephone (include area code)
5755 Country Club Road
Mailing Address
Shorewood
City
MN
State
55331-8926
ZIP code
....M.iHil11ar9qnfr()IMe~sLlr.~,#~ :PU~!itEdutationa~dputre~ShOll~iortr.y"'Clfehl111P'act~.:,,,'...'
': :-' " -'-', ': ',. ,\:' '~
A. Did you hold a public meeting for calendar year 2005 and discuss your Storrnwater Pollution ~ Yes 0 No
Prevention Program (SWPPP)? [Part V .G.1.e]
B. If you did not comply with this requirement, explain why. Please attach a separate sheet labeled
'MCM-lc. '
C. How many individuals attended for stormwater? Q.
D. What was the date of the public meeting? March 13, 2006
E. On what date was it published? February 9, 2006
F. Summarize your plan to increase attendance at your public meeting:
The city will continue to announce the annual meeting in the newspaper as required by the permit, as well as in the
city newsletter and on the city's web site.
G. In what newspaper or publication of general interest did you publish the public notice of your meeting?
[Part V.G.l.e.2] Please retain a copy of the public notice in your records.
The Sun-Sailor and The Laker
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Page 1 of6
3/06
H. You must implement a public education program to distribute educational materials to the community or conduct
equivalent outreach activities about the impacts of stom1water discharges on water bodies and the steps that the
public can take to reduce pollutants in stormwater runoff. [Part V.G.l.a.] Please list the accomplishment under this
permit requirement for the past year (Janumy 2005 - December 2005):
The city continues its efforts in public education. Elements of education are published to each residence via the
City of Shorewood's montly newsletter, "The ShoREport" in addition to publication on the city's web page. This
web address is www.ci.shorewood.mn.us. Brochures also been published and distributed on specific issues.
January
Gideon Glen Project Underway
March
Storm Water Pollution Prevention
Storm Water Pollution Program
April
Spring Gardening for Water Quality
Yard Waste Disposal
May
Shoreline Management for Water Quality
Lawn Care Affects Water Quality
Shorewood is Phosphorous-free
June
Natural Park Resources
July
Get the Lead Out of the Tackle Box
Do You Have Lead in Your Water?
I. You must specifically implement an education program that individually addresses each Minimum Control Measure
[Part V.G. l.b.]:
1. Public education and outreach;
2. Public participation;
3. Illicit discharge detection and elimination;
4. Construction site stonnwater runoff control;
5. Post-construction stormwater management in new development and redevelopment; and
6. pollution prevention/good housekeeping for municipal operations. Please provide a status update concerning your
efforts to implement this education program for each of the Minimum Control Measures.
Provide your response below or provide a separate sheet labeled 'MCM-l h '
The city has included at least one Minimum Control Measure for each one of the six areaas indicated as part of the
SWPPP.
Minimal Control Measure #2:
Public Participation/involvement
DYes [Z] No
A. During your public meeting, did you receive written and/or oral input on your SWPPP? [Part
V.G.2.b.1-3] Input must be considered prior to submittal of your annual report.
B. Did you create a record of comments and your response to comments/record of decision (ROD)?
C. Have you kept the ROD in accordance with the permit? [Part V.G.2.b]
D. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.c] List items:
[Z] Yes 0 No
[Z] Yes 0 No
[Z] Yes 0 No
Minimum Control Measure #3:
Illicit Discharge Detection and Elimination
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You must develop, implement and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR
l22.26(b)(2) into your SWPPP. You must also select and implement a program of appropriate BMPs and measurable
goals for this minimum control measure.
You must develop, ifnot already completed, a storm sewer system map showing the
location of [Part V.G. 3.a.]:
1. Ponds, streams, lakes and wetlands that are part of your system;
2. Structural pollution control devices (grit chambers, separators, etc.) that are part of your system;
3. All pipes and conveyances in your system, as a goal-but at minimum-those pipes that are 24 inches in diameter
and over;
4. Outfalls, including discharges from your system to other MS4s, or waters and wetlands that are not part of your
system (where you do not have operational control); structures that discharge stormwater directly into
groundwater; overland discharge points and all other points of discharge from your system that are outlets, not
diffuse flow areas.
Please explain here or on a separate sheet labeled MCM-3a, what your MS4 accomplished in developing this map
during 2005:
The city completed a draft of the storm sewer base map in 2005. It is anticipated that the map will be verified in
2006.
B. You must, to the extent allowable under law, effectively prohibit, through ordinance or other regulatory mechanism,
non-stormwater discharges from entering into your storm sewer [Part V.G.3.b.];
C. You must develop and implement a program to detect and address non-stom1water discharges, including illegal
dumping, to your system;
D. You must inform employees, businesses, and the general public in your MS4 area of hazards associated with illegal
discharges and improper disposal of waste;
E. You must address the following categories of non-storm water discharges or flows (i.e., illicit discharges), only if you
identify them as significant contributors of pollutants to your small MS4:
Water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground
water infiltration (as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from
potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from
crawl space pumps, footing drains, lawn watering, truck and car washing, flows from riparian habitats and
wetlands, dechlorinated swimming pool discharges, and street wash water, discharges or flows from firefighting
activities.
Please explain here or on a separate sheet labeled 'MCM-3b' what accomplishments your MS4 has made in 2005
regarding an illicit discharge ordinance, detection and elimination:
The City of Shorewood has designated Minnehaha Creek Watershed District and the Riley Purgatory Bluff Creek
Waterhsed District as the Responsible Government Units for review of drainge, land develpoments, erosion controls.
and the implementation of Best Managemetn Practices.
Currently, these organizations review and adminstrate paIn and site reviews, as it relates to stormwater/non-
stonnwater discharges, and applying the necessary ordinances regulating BMP's and SWPPP's.
Therefore, the City believes that it has met the obligations above, by implementing said relationships with Watershed
Districts as the RGU.
wq-ShTI14-06
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3/06
Minimum Control Measure #4:
Construction Site Stormwater Runoff Control
')U must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4
~Lom construction activities within your jurisdiction that result in a land disturbance of greater than or equal to one acre or
is less than one acre but is part of a common plan of development that will be one acre or greater. You must also select
and implement a program of appropriate BMPs and measurable goals for this minimum control measure, at minimum:
[Part V.GA.]
A. An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to
ensure compliance, to the extent allowable under law.
B. Requirements for construction site operators to implement appropriate erosion and sediment control best
management practices;
C. Requirements for construction site operators to control waste, such as discarded building materials, concrete
truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to
water quality;
D. Procedures for site plan review which incorporate consideration of potential water quality impacts;
E. Procedures for receipt and consideration of reports of non compliance or other information on construction
related issues submitted by the public, and
F. Procedures for site inspection and enforcement of control measures.
Please provide a status/update here or on a separate sheet labeled 'MCM-4, ' concerning your efforts to meet this
permit condition (be sure to indicate the citation for ordinance):
The City requires, as part of the zoning and subdivision ordinances, that waste materials be contained on site. Water
Qaulity review is addressed by the RGD.
..." .': ..' :....'.....: ....'...... ...:....'........ ........ .......:'.. .... .. '. c'.. ... ,'.... . ..-<..-, ,-.:-......'.. .', ~" ~:.'- ".' - :
MinirnynjControIM~a~ur~~$: .... .> .. ....... . .... . ......... .. ... ......... ...' .. ..... .... .
Post~col1struction StQrmwater Managementin New Development and Redevelopment
',' _, ,'__.'_ : - _,; "'_ ',,__' . : <.:' __ :.' '__<:, ~ "",' ,- :__,' ::;.:._--- '_ '_: ..-,::':~-_ '''_. ",:,-:' , ,--- 'J: :. : -"'" "': -"C'-'. . "':' :_, '- "-, ":::- :_" -.. -,..::
~'ou must develop, implement, and enforce a program to address stormwater runoff from new development and
redevelopment projects within your jurisdiction that disturb greater than or equal to one acre, including projects less than
one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program
must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and
implement a program of appropriate BMPs and measurable goals for this minimum control measure. At minimum:
A. Develop and implement strategies which include a combination of structural and/or non-structural BMP
appropriate for your community;
B. Use an ordinance or other regulatory mechanism to address post-construction runoff from new development
and redevelopment projects to the extent allowable under law; and
C. Ensure adequate long-term operation and maintenance ofBMP installed as a result of these requirements.
D. Do you feel your long-term operation and maintenance of your BMP is adequately funded?
Please provide a status/update concerning your efforts to meet this permit condition. Please provide your response
below or provide a separate sheet labeled 'MCM-5:'
The City requires a SWPPP for each proposed development, redevelopment, or public works project.
Field representatives, trained and certified in Best Management Practices, are on site and providing the documetnation
required for each project.
Minimum Control Measure #6:
pollution Prevention/Good Housekeeping for Municipal Operations
A. You must develop and implement an operation and maintenance program that includes a training component and has
the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Training materials that are
available from the U.S. Environmental Protection Agency, state and regional agencies, or other organizations may be
used as appropriate or modified for your community. Your program must include employee training to prevent and
reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance,
neW construction and land disturbances, and stormwater system maintenance.
Please provide a status/update about your efforts in developing a Pollution Prevention Plan:
The City has performed troaining activities for BMP's for Municipal presonnel. This is
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documentated as a Minimum Control Measure as part of the SWPPP.
B. Did you identify and inspect all of your structural pollution control devices such as trap manholes, ISI Yes D No
grit chambers, sumps, floatable skimmers and separators, etc.? [Part V.G.6.b.2]
How many structural pollution control devices do you have in your MS4 system? 10
D. How many structural pollution control devices did you inspect? lQ
E. Calculate the percentage: 100
If less than 100 % were inspected, please explain why below or on a separate sheet labeled 'MCM-6e:'
F. Did you repair, replace, or maintain any structural pollution control devices? DYes ISI No
G. Briefly, summarize any significant unscheduled (not routine) maintenance or improvement activities
stemming from inspections of your structural pollution control devices. What changes have been
made to your SWPPP as a result? Please explain below or attach a separate sheet labeled 'MCM-6g'
H. Did you identify and inspect at least 20% of outfalls and stormwater ponds? [Part V.G.6.b.3] ISI Yes D No
1. How many of each of the following do you have in your MS4?
a. Outfalls (see definition in Permit): 71
b. Stormwater Ponds: 72
2. Indicate if these facilities have all been located, or have only been estimated: located
3. How many of each did you inspect?
a. Outfalls: 36
b. Stormwater Ponds: 36
4. What is the percentage inspected for each?
a. Percentage of Outfalls: n
b. Percentage of Stormwater Ponds: 50
5. If less than 20% of each type (outfalls and stormwater ponds) was inspected, please explain why:
Attach a separate sheet, if necessary, labeled 'MCM-6h-5'
6. Briefly, summarize the dates of completion ofmajor additional protection measures triggered by your
inspections: [Part V.G.6.b.4] Attach a separate sheet, ifnecessmy, labeled 'MCM-6h-6'
No major protection measures were required in 2005.
Additio'naIS\^JPPPls~ue$'}
I
DYes ISI No
A. Did you make a change to any identified best management practices or measurable goals that were
submitted with your permit application? [Part V.G.6.b.l] If you responded yes, explain under part B.
B. Briefly list the best management practices using their unique identification numbers you used in your
SWPPP or any measurable goals that will be changed in your updated SWPPP, and why they have
changed: Attach a separate sheet if necessmy labeled 'lb.'
ISI Yes D No
C. Did you rely on any other entities (MS4s, consultants or contractors) to satisfy any portion of your
SWPPP? If yes, please identify below the entity andfor what activities:
The City7 has identified and formally designated the Minnehaha Creek Watershed District and the
Riley Purgatory Bluff Creek Watershed District as the RGU's. Therefore, the City is utilizing the
services of the Watershed District for policing, ordinance and enforcement issues.
D. Do you discharge to waters with a restricted discharge? See Appendix C Part B; you may view the
applicable rules at www.pca.state.mn.us/water/water nmrules.html. If you need assistance with this
determination, contact Keith Cherryholmes, MPCA, (651) 296-6945.
DYes 0No
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If you answered "no" to question "D," above, skip ahead to the Owner or Operator Certification section of this
application. No response is needed here unless there was a change in listing or where your dischargers) is/are located
since 2004.
a) A map of the watersheds where your MS4 discharges to the waters with restricted discharge.
Use a USGS map or equivalent
b) A narrative estimate of the impervious surfaces where your MS4 discharges to the waters with restricted
discharge (estimated total impervious from land use and zoning or existing data can be used if available).
c) A narrative estimate of the future / projected impervious surfaces where your MS4 discharges to the waters with
restricted discharge (using available zoning or planning information that may affect your future discharges).
d) A narrative estimate of how your SWPPP can be altered to eliminate new or expanded discharges to the waters
with restricted discharge. This consists of your preliminary plan to avoid, divert, or eliminate discharges to
restricted waters, whenever possible.
..-..c....-. -,,'.- ..... ,",- '--'-' ," .
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Ovineror Operator Certifi.ca. tio.ni
. --- , . -" '.'", . .
I
The person with overall administrative responsibility for SWPPP implementation must sign the arumal report. This person
must be duly authorized and should be the person who signed the MS4 permit application or a successor.
I certify under penalty oflaw that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gathered and evaluated the infOlmation
submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible
for gathering the infOlmation, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including
the possibility of fine and imprisonment (Minn. R. 7001.0540).
x
<<~---
i'\.uthorize'd--Si'grulture (This person must Jj duly authorized
to sign the annual report for the MS4)
Gurney
Last Name
5755 Country Club Road
Mailing Address
Shorewood
City
952474-3236
Telephone (include area code)
Date
Steve
First Name
City Engineer
Title
~ 55331-8926
State ZIP code
sgurney@ci.shorewood.mn.us
E-mail Address
Submit your annual report by June 30, 2006 to:
MS4 Stormwater Program
Municipal Division
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, ~ 55155-4194
If you have questions about the MS4 Annual Report for 2005 form, please visit the MPCA's MS4 Web site,
www.pca.state.mn.us/water/stormwater/stormwater-ms4.htmlor call the MPCA's Keith Cherryholmes (651) 296-6945 or
Scott Fox (651) 296-9433. Contact the MPCA toll free at (800) 657-3864.
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When It Rains, It Drains
An Overview of
Shorewood's
Storm Water /J
Management program:'/~
I
Let's Talk About. . .
. What storm water is and why it
can be a problem in our
community.
. What our community is doing to
manage storm water and how
these activities will benefit us.
Where Does Storm Water
Go In Our Community?
. Discharges into Lake Minnetonka or
Purgatory Creek
What is Storm Water?
. Rain events
. Snow melt
. Other surface runoff and
drainage
A "Point" of Confusion:
Point Source vs. Nonpoint Source
. POINT source
- Travels through a conveyance system
- Regulated under permit program
. NON POINT source
- Runoff that is not a point source
- Addressed through voluntary programs
1
Why is Storm Water a Problem?
. Problem: Decrease in quality
. Problem: Increase in quantity
. Cause: Developed a
disturbed land
2 UNDERGROUND
SYSTEMS
Why is Storm Water a Problem?
. Problem: Non-storm water
discharges enter systems
. Cause: Illicit discharges
. Cause: Illicit connections
Storm Water Pollutants
. Sediment
. Trace Metals
. Nutrients
. Toxic
Chemicals
. Bacteria
. Chlorides
. Oxygen
Demand . Thermal
Impacts
. Oil and Grease
2
MN Water Quality and
Storm Water Impacts
. Total of 90,000 stream & river
miles in MN
- 100/0 of total assessed
. 400/0 of assessed waters impaired
From 2006 303( d) List
Storm Water Permit Program
for Small Communities
. Federal regulation requires permit
for our community
. MPCA created a state permitting
program to meet federal
regulation
Our Storm Water Program's
Six Minimum Control Measures
. Public Education
. Public
Involvement
. Construction Site
Runoff
Management
. Post-Construction
Storm Water
Management
. Illicit Discharge
Detection and
Elimination
. Good
Housekeeping
and Pollution
Prevention
Now We Know About
Storm Water and Its
Impacts on Our
Community. . .
But What Are We
Doing About It?
What Does Our Permit
Require?
. Implement a storm water
management program
. Track progress toward goals
. Report on our progress
Public Education and
Outreach
. Develop outreach plan for
community
. Distribute educational materials
developed by MPCA & MCES in
the Shore Report & City web site
~ SHOREpORT 1iJ[]
.4 MomMy N(,II'.~h?t1(!r from the Ci(r (~lSlwrewootl (I[JIJ
3
Public
Involvement! Participation
. Provide public notice
. Create a public involvement plan
. Hold a public meeting on the program
Construction Site Storm
Water Runoff Control
. Enact MPCA's model ordinance
. Coordinate with Watershed District
- Erosion and Sediment Control Program
- NPDES Construction Storm Water
Permitting
. Educate construction industry
Pollution Prevention!
Good Housekeeping
. Implement 0 & M program that
focuses on pollution prevention
. Train community employees on
good housekeeping practices
. Educate community on pollution
prevention
Illicit Discharge Detection
and Elimination
. Develop storm sewer system map
- Complete, needs annual update
. Implement program to detect
non-storm water in system
. Educate community on problems
related to dumping in storm
sewers
Post-Construction Storm
Water Management
. Adopt MPCA's model storm water
management ordinance
. Ensure proper operation and
maintenance of post-
construction controls
How Will Our
Storm Water
Program Benefit
Our Community?
4
Expected Benefits of Our
Storm Water Program
. Enhanced fishing
. Enhanced opportunities for recreation
. Reduced flood damage
. Drinking water benefits
. Navigational benefits
. Reduced illness
. Enhanced aesthetic value
For More Information. . .
. City of Shorewood City Engineer
952-474-3236
. Minnehaha Creek Watershed
District 952-471-0590
. Riley Purgatory Bluff Creek
Watershed District 612-333-7400
. MPCA 651-296-6300
How Can You Get Involved?
. Follow pollution prevention tips
. Pass on information about the
storm water program to other
community residents
. Report any storm water issues to
James Landini
5
MEMORANDUM
TO:
FROM:
DATE:
RE:
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, P.E., Director of Public Works
James Landini, P.E., City Engineer
March 08, 2007
A Resolution Requesting the HCRRA to perform Maintenance on Ditches
As previously discussed with Council, this resolution will request Hennepin County
Regional Railroad Authority (HCRRA) to clean the ditch along the Rail Trail, removing
wood chips, and buckthorn and other invasive vegetation.
Recommendation
Staff recommends that the City Council approve the attached resolution that requests the
HCRRA to perform Maintenance on Ditches.
?//DA
~"
~ .. PRINTED ON RECYCLED PAPER
.....,
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION REQUESTING THE HENNEPIN COUNTY REGIONAL
RAILROAD AUTHORITY TO PERFORM MAINTENANCE ON DITCHES OF
THE LAKE MINNETONKA LRT REGIONAL TRAIL CORRIDOR, EAST OF
STRAWBERRY LANE
WHEREAS, The City has observed standing water in the back yards of properties
east of Strawberry Lane and North of the Lake Minnetonka LR T Regional Trail; and
WHEREAS, the City Council has determined that lack of maintenance along the
Trail corridor in the HCRRA right-of-way has resulted in the formation of high points
that block the natural drainage in the ditch on the north side of the Trail between
Strawberry Lane and the outlet ditch from Freeman Park; and
WHEREAS, the City has reviewed the site and determined that performance of
needed maintenance work can be done such that no substantial trees will be removed as
part of this work.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood as follows:
1. That the City of Shorewood requests the Hennepin County Regional
Railroad Authority perform the necessary clearing, grubbing, and grading of the north
ditch between Strawberry Lane and the outlet ditch from Freeman Park to re-establish a
positive ditch grade in this area.
2. That the City requests that the Hennepin County Regional Railroad
Authority perform on-going maintenance of the ditch as necessary to maintain the
positive ditch grade away from the back yards of Peach Circle.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this _ day of , 2007.
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk