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082707 CC WS AgP
CITY of sxoREwooD CITY COUNCIL WORK SESSION MONDAY, AUGUST 27, 2007 AGENDA 1. CONVENE CITY COUNCIL WORK SESSION A. Roll Call 2. 3. 4. 5. 6. B. Review Agenda DEER MANAGEMENT (Att. -Staff memorandum) SOUTHSHORE CENTER PROPOSAL (Att. -Staff memorandum) 2008 BUDGET SUMMARY (Att. -Staff memorandum) OTHER ADJOURN 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Mayor Lizee Woodruff Turgeon Callies Wellens Dinner will be provided 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 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 22 August 2007 RE: Proposed Deer Management Program FILE NO. 405 (Deer Management) At the Council's direction the City Administrator has asked staff to develop a program for managing the deer population in Shorewood. Last year, the Council approved a removal program for the Minnetonka Country Club, the result of which was the removal of l 1 deer from .golf course property. The City also requested that DNR do an aerial deer census, the purpose of which was to identify concentrations of deer in Shorewood. That survey was completed in February of this year and the results are displayed on Exhibit A, attached (the circled;numbers indicate. the number of deer spotted in each location). We also talked to members of the Public Works Department for insight on deer locations. Interest has now been expressed in allowing bowhunters to hunt in certain specified areas to further reduce the current deer population. Upon contacting the DNR, they suggested that we consider using the Metro Bowhunters Resource Base, an organization of bowhunters that has been used by several agencies for deer management programs in the Twin Cities area since 1995 (see attached MBRB brochure -Exhibit B, attached). We contacted Mr. Bob Whiting, President of MBRB to discuss the possibility of scheduling a program for Shorewood for this year. Mr. Whiting's experience and knowledge are impressive. He identified issues that had not been considered by staff and agreed to meet with us to field check prospective sites, most of which are City- owned. Based upon. our meeting, staff recommends the following: vs ~®a0 PRINTED ON RECYCLED PAPER Memorandum Re: Draft Deer Management Program 22 August 2007 Who hunts? Staff suggests that it be made very clear that Shorewood is not opening its borders to hunting or establishing a season on deer. Rather, the City is conducting a deer management program. It is further recommended that the City contract with the MBRB exclusively to perform the removal. The organization has been around for 13 years and is open to anyone interested in bowhunting and who is willing to abide by their rules. The MBRB has a certification program with two classes of archers. Due to the relatively compact areas in which the hunts will occur, Mr. Whiting recommends that the hunts be limited to those members who have a "sharpshooter" rating. These archers have the proficiency to place six out of seven arrows in a four- inch circle at 20 yards. The MBRB also carries liability insurance. Mr. Whiting has provided a copy of a contract that has been used in the Dakota County deer management program (see Exhibit C). We have asked the City Attorney to review this and adapt it to Shorewood's needs. The MBRB does not charge for its services, unless the City requires them to add the City to their insurance as an additional insured, in which case they ask the City to cover that extra cost. It should be noted that they are only interested in participation if they are the exclusive party with whom the City is contracting. Their concern is that they can control their members' actions, but do not want the responsibility for nonmember archers' actions or behavior. Mr. Whiting has agreed to appear at the Council's work session on 27 August to answer questions relative to the MBRB and its past experience. Hunt Locations. Staff has overlaid the DNR aerial deer census information on a map of City-owned property and recommends five locations for this year's removal efforts. These are shown on Exhibit A. We also have two private property owners that have agreed to allow hunters on their land -the most notable of which is the Minnetonka Country Club. Mr. Whiting suggests, and staff agrees, that it would be best to keep the program small the first year, in order to get people used to it. We can contact private property owners in suitable locations for subsequent hunts. One location, suggested by Public Works Department staff, is Freeman Park. They felt that hunters could get deep into the center of the wooded area in the park, so as to stay away from park users. There are a couple of options for contending with park use during the hunt. The park could be closed during hunt weekends. This is viewed as impractical and possibly unnecessary. Three Rivers Park District has gone to posting signs simply advising park users that hunts are being conducted on specified weekends. Hunt Dates. Given the time of year, and that the MBRB needs 30 days lead time in which to conduct their lottery and orientation meeting with chosen archers, we are suggesting that hunts be conducted on four weekends spread out through October and -2- Memorandum Re: Draft Deer Management Program 22 August 2007 November, possibly extending into. December. We suggest that this year hunters be allowed to place their stands on Fridays with hunting limited to Saturdays and Sundays. Specific weekends will be suggested as the plan is finalized. Mr. Whiting advises that asingle-year hunt will not do much to reduce the population of deer, and that a noticeable reduction will require at least three years. Hunt Rules. After visiting potential hunt locations, Mr. Whiting compares Shorewood to the City of Oakdale with respect to the relatively compact hunt areas surrounded by residential development. Exhibit D is a copy of the rules established by Oakdale. These can be adapted to Shorewood as directed by the Council. The MBRB is obviously willing to abide by whatever reasonable rules the City adopts. Hunt Supervision. The MBRB will have a hunt coordinator for each hunt. In addition, they ask that a City contact person be available in the event that questions or problems arise. Finally, they ask that a police contact person be available, in the event a wounded deer makes it to private property. They prefer that the police contact homeowners regarding access by MBRB in removing the animal. Selected hunters will be required to carry an authorization letter from the City, as well as their state hunting license. In addition, parking passes will be issued for specific areas. The police will be advised of these requirements. Program Publicity. Staff has placed a small announcement in the September edition of the Shore Report advising residents that a management program is being considered. We recommend that an article be prepared for the newsletter and the website, outlining the program and the dates of hunts. Again, it is important to inform residents that the City is contracting for deer management, and that it is not approving open hunting in Shorewood. Concept Approval. If the Council is in agreement with the plan outlined here, it is recommended that it be approved in concept at the 27 August meeting, in order that the MBRB can proceed with its lottery and orientation session. Amore detailed plan, including Shorewood's rules and a draft contract will be submitted for approval at the 10 September meeting. If you have questions relative to this plan, please do not hesitate to contact me prior to Monday night's meeting. Cc: Craig Dawson Larry Brown Tim Keane Bob Whiting. -3- I PHELPS BAY CITY OF S~I~~E()O~ -CITY OF ORONO._. CITY OF SHOREWOOD ~ , j !! I+n ~ ~~~ ~l~ I I I 'o ~~o wilt z~0 z,x LLlu. ~I~ i LAKE MINNEI I I I ~ SMITHTOWN wm+arvreo isiarvn LAKE MINNETONKA 2,000 1,000 0 2,000 4,000 Feet Shorewood Planning Department 08107 City-Owned Property City-Designated Wetland ® 2007 DNR Aerial Deer Census i. CHESTNUT TER. 2. NMITNEY Clft. 3. ELBERT PL 4. MCHINLEY PL. 5. CHESTNUT CT. 6. MCKINLEY CT. 7. MtKINLEY CIR. Deer 1Vlanagement Plan Exhibit A z 0 F w z z LL F U N ~ ~ ~ Z• C ~ fO .C C U OO ~ ~ ~ Y O ~., C •C Q f6 p~ 7 fl- `• ~ .c O ~ 3 m ° °' s° •~ E c 4- c ~ ~ o ~ ~ ~ ~ _ O ~ ~ .y ~ E ~ N '° ~ m N O m ~ o c a ~ .+~ ._ L ~ N ~ ^. N ~. a7 ~ N R O 9 m G T m m > > C R ~ ~ o :~ .Q t ~ ~ a = t- ~ ° a ° l~etr® Sowhunters Resource base P.O. Box 161 Circle Pines, MN 55014 ? u~ =';. ~ _:5 ~ ~, 4. Y ~ ,:. ~ ~ N V ,:-Y N ~ O O C F ': ~ ~ N ~ ~ ~' Q lS m O ~ ~ ~ . 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C _ C CO •O 7 Q .~ ~ ~ Y L ~ `~ .c n c C p .c O p c F- .C N G N R 4 U N ` ~ y~i ~. ~ (', ~_ `t- •~~<~.c ~•:~ ~. 4 ' v ~~ . z ~' ~ ~ ~;},pc ?' , C ~N,, 'O O C 'O ` m -O N O N N 'U O y_ ~ ` O U ~ C -O Q C O O U> > C ~ ~ O- C ~n ;~ O C t6 'O L C O O N (6 m N O O U m m _ O (0 7 N N C N N 7 O "O ~ CC ®°~ O C O O s t~~ d O S~ 'O N ~ ~ vOi in ~ m ~ N ,~ m _O N ^,, ~ a po y ~ Y~ 'y C ~ '~ Q ~ T ° ~ m N N C `O ~ Q~~ ~ p s i T ~~ N O Q ~ ~ ~ ? U ~ O -O > N L> C O C O O Q m N ~p aN+ U 7• ~ c0 c0 = °~ ~' o~ T Z' ~ E c c ~. g L m a~ ~ N o 0 8 `° o >- ® ~O .N 'D ~ ~ L ~ N 0 ~ ~ ~ O t6 ~ ~ p m U m °~ ~ ~ O O ~ ~.. y ~ "O O -0-® o - o ~~ o r m~ a c ~ m>> y c~ c~ °~ _ o ~ o. o m E> c ~ o rn m o 0 0 0 0~ i m k s I- m U "O ~ .~ ~ ~ U ~ c~i ~ U '~ O ~ ~ ~ ~ W 9 C O U N T Y August 17, 2007 Metro Bowhunters Resource Base, Inc. 30405 Ridgewood Ave Shafer, MN 55074 Physical Development Division Gregory J. Konat, Director Re: Contract with the Parks Department Dakota County Western Service Center our contract with Dakota County ready for signature by the Attached is 14955 Galaxie Avenue Apple Valley, MN 55124 y authorized agent of your organization. 952-891-7000 As ou review and si n this document, please note the following: y g Fax 952-891-7031 www dakotacountY.us 1. INSURANCE. EnvironmentalMgmtDept • Fax or mail a Certificate of Insurance (Page 2 -General Farmland i~ Natural Areas Program Office of GIS Conditions) to 952-891-7031 prior to commencement of any Parks Department work Office of Planning . Surveyor's Office Transit Office • Please have certificate holder listed as Dakota County. Transportation Department Please note if your conditions require Dakota County to be water Resources office listed as additional insured. 2. REMITTANCE INSTRUCTIONS: Sign and send the original document(s) to: Tammy Drummond, Contract Services Coordinator Dakota County Physical Development 14955 Galaxie Avenue Apple Valley, MN 55124 3. EXECUTED CONTRACT. A copy of only the executed contract will be sent back to you for your records when required signatures have been obtained. Please retain a copy of Exhibit 1 and 2 for your records. If you have any questions or concerns regarding the signature process or insurance, you may contact Tammy Drummond at (952) 891-7003, Fax (952) 891-7031. Thank you. ;, Tammy Drumrn~ odd Project and Contract Services Coordinator Enc. Exhibit C CONTRACT FOR GOODSISERVICES County of Dakota (County), a political subdivision of the State of Minnesota, is in need of services and/or goods (hereinafter "services") and Metro Bowhunters Resource Base, Inc., 30405 Ridgewood Ave, Shafer, MN 55074 (Contractor) desires to provide such services. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties enter into this Contract and agree as follows: TERM. The term of this Contract is from the date of execution by all parties through 11/30/2007, or until all work under this Contract is completed and payments made, whichever occurs first, unless earlier terminated by law or according to the provisions of this Contract. 2. SCOPE OF SERVICES. The County requests and the Contractor agrees to provide the services ^ that are attached and incorporated as Exhibit 1 and Exhibit 2 (Contractor's response to Exhibit 1 dated ). If there is a conflict in the terms of Exhibit 1 and 2, the terms of Exhibit 1 shall govern. {f there is a conflict between this Contract and Exhibit 1, this Contract shall govern. Services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Contractor's occupation performing services under similar conditions. OR ® that are described as follows: Provide hunt management services and in return the county waives the $12 fee for their members. MBRB will provide administrative services, but do not guarantee the number of member- hunters. ®(check if applicable) and more fully described in the attached and incorporated Exhibit 1 Scope of Services dated August 2, 2007. If there is a conflict between this Contract and Exhibit 1, this Contract shall govern. Services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Contractor's occupation performing services under similar conditions 3. PAYMENT. The County agrees to pay for the services, including expenses in an amount not to exceed'$0 (Contract Maximum), ®(check if applicable) and in accordance with payment rates or schedule set forth in the Exhibit(s). 4. COUNTY LIAISON. Contractor shall work closely with the County's liaison, Johnny Forrest, 952-891-7992. 5. GENERAL CONDITIONS. The General Conditions of this Contract are attached and incorporated as Exhibit A. 6. ENTIRE AGREEMENT. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. FOR DAKOTA COUNTY (1 represent an warrant that 1 am authorized to execute this contract on behalf of Dakota County) By: Steve Sullivan, Director Parks Department Date of signature: Contract #7775 FOR THE CONTRACTOR (1 represent and warrant that l am authorized by !aw to execute this contract and legally bind the Contr cteo/r~). ~ F~~i' c~~ti..~-- l ~fi+0 d Signature I~ Printed Name: Title: 2S Telephone: ~t Date of signature: c~~.~`1--~, EXHIBIT 1 Scope of Services for 2007 Lebanon Hills Deer Management Project August 2, 2007 Provide hunt management services and in return the county waives the $12 fee for their members. MBRB will provide administrative services, but do not guarantee the number of member-hunters. MBRB Activities Target Date • Send mailing list of MBRB hunt participants to county ............................................................................ Sept (~ • Assist County staff at WSC Hunt Orientation Check-in and Meeting presentation ....................................Oct 4 • Lebanon Hill Regional Park Hunt ...............................................................Oct 29, 30, 31, Nov 5, 6, 7, 12, 13, 14 • Staff the Hunt Base (building at RV Campground) from 5 a.m. to 11 a.m. (sometimes until noon) • Issue and reclaim backtags from participants each day Gather hunt data from each participant each day Administer hunt in accordance with hunt rules and other procedures necessary for a safe and orderly hunt event Report rule infractions and other pertinent incidents (such as unauthorized park visitors) • Assist in tracking and recovery of deer that are reported hit by participants • Assist in locating participants who do not return to Hunt Base on time • Send final summary report of hunt data to county staff EXHIBIT A: GENERAL CONDITIONS -GOODS/SERVICES NO CONFLICT OF INTEREST. None of contractor's owners, directors, officers or principals is or is closely related to any County employee who has or may appear to have any control over the award, management or evaluation of the contract. If there is a question as to whether there may be an appearance of such a conflict, the contract shall be presented to the county board for approval, regardless of the amount of the contract, in accordance with Resolution 01-767. INDEPENDENT CONTRACTOR. Contractor is an independent contractor and nothing in this Contract shall be construed to create the relationship of agents, partners, joint venturers, associates, or employer and employee between the County and Contractor. COMPLIANCE WITH LAWS/STANDARDS. Contractor shall abide by all Federal, State or local laws; statutes, ordinances, rules and regulations pertaining to this Contract and this Contract shall be construed in accordance with the substantive and procedural laws of the State of Minnesota. All proceedings related to this Contract shall be venued in the County of Dakota, State of Minnesota. LICENSES. At its own expense, Contractor shall procure all licenses, permits or other rights required for the provision of services contemplated by this Contract. Contractor shall inform the County of any changes in the above within five (5} days of occurrence. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to indemnify the County, its officers, employees, agents and others acting on its behalf and to hold them harmless and defend and protect them from and against any and all loss, damage, liability, cost or expense, specifically including attorneys' fees and other costs and expenses of defense, which result from, or otherwise arise in connection with, any actions, claims or proceedings of any sort to the extent caused by any negligent or otherwise wrongful act or omission, including breach of a specific contractual duty, of Contractor, its officers, employees or agents, or any other person(s) or entity(ies) for whose acts or omissions Contractor is legally responsible, whether or not also caused in part by a party indemnified hereunder. ASSIGNMENTlSUBCONTRACTING. The Contractor shall not assign or subcontract this Contract without prior written consent of the County, in which case Contractor is responsible for the performance of its subcontractors or assignees and follow the requirements of Minn. Stat. § 471.425 (payments to subcontractors). INSURANCE TERMS. Contractor shall provide to the County, prior to or concurrent with the execution of this Contract, certificate(s) of insurance naming Dakota County as certificate holder or certified copies of such existing policies of insurance, demonstrating: X General liability coverage of at least $1,000,000 per occurrence and aggregate (check if applicable) ®and naming Dakota County as an additional insure; X Automobile liability coverage of at least $1,000,000 per occurrence and aggregate (check if applicable) ®and naming Dakota County as an additional insured, X Workers' compensation coverage or certification of excluded employment from workers' compensation requirements. Contractor shall pay all retentions and deductibles under such policies of insurance. If Contractor does not have existing coverages) or has coverages) in limits less than that set out above, Contractor musf obtain from the County, prior to or concurrent with the execution of this Contract, a waiver of the coverages) or agreement to lower coverage limits from the County. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing and signed by the authorized representatives of the parties. TERMINATION. Either party upon thirty days written notice to the other party may terminate this Contract, with or without cause. Notice of termination shall be made by certified mail or personal delivery to the person signing this Contract on behalf of the other party. Termination of this Contract shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of the Contract prior to the effective date of termination. TERMINATION BY COUNTY -LACK OF FUNDING. Notwithstanding any provision of this Contract to the contrary, the County may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. Written notice of termination sent by the County to Contractor by facsimile is sufficient notice under the terms of this Contract. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Contract is terminated due to lack of funding. BOND FOR GlHVACR CONTRACTORS. In accordance with Minn. Stat. § 326.992, if Contractor will be performing any work having to do with gas, heating, ventilation, cooling, air conditioning, fuel burning or refrigeration, the Contractor must give bond in the amount of $25,000 to the State of Minnesota for the benefit of persons suffering financial loss by reason of Contractor's failure to comply with the requirements of the State Mechanical Code. RECORDS/AUDITS. Contractor's bonds, records, documents, papers, accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the County and either the Legislative or State Auditor, pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date services or payment were last provided or made or longer if any audit in progress requires a longer retention period. DATA PRIVACY. For purposes of this Contract all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as Federal laws on data privacy, and Contractor must comply with those requirements as if it were a governmental entity. The Contractor will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. NON-DISCRIMINATION. Contractor agrees that, in the hiring'of all labor for the performance of any work under this Contract, it will not; by reason of race, creed.; color, sex; national origin, disability, sexual orientation, age, marital status or public assistance status, discriminate againsf any person who is a. citizeri of the United States and who qualifies and is available to perform the work to which such employment relates. Contractor agrees to comply with all Federal, State, and local non-discrimination laws and ordinances, in particular the applicable provisions of the Civil Rights. Act of 1964, as amended by the Equal Employment Opportunity Act of 1972. When required by law or requested by the County, Contractor shall furnish a written affirmative action plan. CONTRACTOR DEBARMENT, SUSPENSION~AND RESPONSIBILITY CERTIFICATION. By signing this Contract the Contractor is certifying that the federal government or the Minnesota Commissioner of Administration has not suspended or debarred the Contractor or its Principals and Employees, based upon Federal Regulation 45 CFR 92.35 and Minn. Stat. §16C.03, subd. 2 respectively. Contractors may be suspended or debarred when it is determined, through a duly authorized hearing process, that they have abused the public trust in a serious manner. OP ID $ DATE (MM/DD/YYYY) ACt.1RD,~ CERTIFICATE OF LIABILITY INSURANCE METRO_1 07~17~07 PRODUCtft THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OUTDOORS INSURANCE . COM, INC . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6336 Wheeling WV 26003 NAIC# Phone:866-695-9040 Fax:740-695-9053 INSURERS AFFORDING COVERAGE INSURED INSURER A: Philadelphia Indemnity Sns Co INSURER e: Certiifcate No 07-101 INSURER C: Metro Bowhunters Resource Base 1401W 76th St. , Suite 140 INSURER D: Richfield MN 55423 INSURER E: COVERAGES W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING R THE POLICIES OF INSURANCE LISTED BELO TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH ANY REQUIREMENT RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O EXCLUSIONS AND CONDITIONS OF SUCH T TO ALL THE TERMS , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE MAY PERTAIN , C , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER LTR NSRQ DATE MM/DDIYY) DATE (MM/DD/YY) EACH OCCURRENCE $ 1, OOO, OOO GENERAL LIABIL{TY ITY PHPK237984-101 ~ ` 07/G1/07 07/0108 PREMISES (Eaoccurence) $ l O O, 0 0 0 ,-, A $ COMMERCIAL GENERALLIA8IL MED EXP (Any one person} $ 1, O O O CLAIMS tvfAGE a OCCUR PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 0 0 0, O O 0 PRODUCTS-COMP/OPAGG $ 2, OOO, OOO GEN'L AGGREGATE LIMIT APPLIES PER: X PRO- LOC POLICY JECT COMBINED SINGLE LIMIT $ AUTOMOBIL'c LIA6ILITY (Ea accident) ANY AUTO ALL ONINED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR ~ CLAIMS MADE N DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIM6M8ER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL NS AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ ~$ E.LEACHACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT ~$ CERTIFICATE HOLDER Evidence of Insurance CANCELLATION EVIDENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS ~VP,IT l NOTICE TO THE CERTIFICATE HOLDER NAP+IED TO THE LEFT, BUT FAILURE TO DO SO SF IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI ND=UPON THE IN$UP.ER, ITS AGENTS O REPRESEN.1'ATNES. ``j AUTHOP•IZEDREPP.ESENT$~IIV^ ~_ ~ 4 „M"- 1 OUTD_ 00 v - S RASE ~ ^t'~~y -s ~, ~ ~°`-~n~:=~ s"~. - a ~, ~;,_,~~ c CORFJ CORPORATIOh~ ACORD 25 (200110Z} City of Oakdale Special Archery Deer Hunt Rules 1. Deer hunt locations are limited to the areas as identified on the attached map. 2. Hunts are conducted using sharpshooter status archers and are held during the 2"d and 3'~d weekends in October and November. 3. Hunters are selected through the Metro Bowhunters Resource Base (MBRB). 4. Hunters must follow all MNDNR laws and MBRB special rules. 5. The October hunt periods are anterless only and the November hunt periods are either sex. 6. Hunters cannot enter the woods earlier than %2 hour before sunrise on first day. 7. Hunters must carry hunt authorization letter at all times during hunt. 8. All archers need to hunt from elevated stands. 9. Only buckthorn can be cut for shooting lanes. 10. Stands can only be up during the hunt. 11. Archers are to obey hunt boundaries shown on the map, or locate stands within 50 yards of residential dwellings. 12. Archers must park in designated areas only. 13. Cars must have parking permit properly displayed. 14. Only deer maybe taken during special hunts. 15. Archers cannot track deer outside of hunt boundaries without contacting the hunt coordinator, or the police Captain. 16. Additional restrictions maybe added at the required orientation meeting. 17. Failure to follow rules will lead to removal from hunt. Exhibit D 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 MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: August 24, 2007 SUBJECT: 2008 Interim Funding for Southshore Center (Work Session Item) At the August 13 Council meeting, I distributed a memorandum (attached) summarizing the meeting held that morning by the Southshore Center working group. As reported at that meeting, all of the city councils had approved the concept for 2008-only funding arrangements between the cities and the Friends of the Southshore Center. The five cities would commit to proportional payments totaling $17,600 to the Friends, and then would proportionally match up to $25,000 in net new funds raised by the Friends. In the course of approvals, the Deephaven City Council added a condition that a change must be made to the "Shorewood Option" in the 1996 Cooperative Agreement before it releases any funds for the 2008 interim financing. Some Background: The five cities agreed to build the Southshore Senior/Community in 1996 and divide the cost based on each city's share of the five-city population. As part of the project, Shorewood subdivided its property and donated the parcel on which the Southshore Center now sits. Shorewood was also responsible for constructing the building and paying for any costs beyond what the cities and the Friends had put toward it. The cities simultaneously agreed to lease the building to the Friends of the Southshore Center, and the Friends became responsible for all costs associated with the Center. Within the cities' Cooperative Agreement, the disposition of the building upon termination of the agreement or the lease on the building was addressed. This is the part of the Agreement referred to as the "Shorewood Option" identified by Deephaven for the interim funding. To summarize, a) Shorewood Option: Shorewood has the right of first refusal, and would pay the other cities back their initial contribution (i.e., a total of $300,000) to the building. b) Sale to Third Party: If a third party purchases the facility, the cities share proportionately in the proceeds of the sale. c) Proceeds from Future Gain: If Shorewood takes possession of the building, but subsequently sells it to another party within 10 years, the other cities share proportionately in the proceeds of the sale. 0s sa a0 PRINTED ON RECYCLED PAPER 2008 Interim Funding for Southshore Center August 27, 2007, City Council Work Session Page Two The terms of the Shorewood Option are analogous to what the SLMPD cities had in place with the former police station that was owned by the City of Excelsior. It can be noted that at the time the Agreement came together, none of the cities were making any direct payments for the staffing/programming provided by SCS for the South Lake area. At that time, the cities' federal Community Development Block Grant (CDBG) funds went to SCS for programming/staffing services. As these funds dried up, SCS asked the five cities for voluntary contributions to support its programming/staffing services beginning in 2002. From the beginning, it was expected that the Friends fund-raising would be primarily for the operations and maintenance of the facility, and the cities would bear no direct cost for the Center beyond their contribution toward its construction. Proposed Changes to the "Shorewood Option": Based on the working group's discussion on August 13, the resulting amendment to Section 6(a) -the Shorewood Option - in the Agreement would likely read as follows: "The City of Shorewood may retain the Center by repayment to each of the remaining Cities at closing an amount equal to their original capital contribution percentage based on the value of the building, exclusive of the value of the land." In essence, the cities would share in the appreciation of the value of the building since 1996. Shorewood's cost to exercise its option would increase from the $300,000 as currently provided in the Agreement. One of the reasons stated favoring this change is that with the interim funding agreement, the cities are making payments they had not originally anticipated to make toward the building. In light of this change, the cities should expect that their payments under the Shorewood Option should reflect the value of their on-going investment, rather than their initial one. This reasoning could also be making an assumption that the cities will be changing their obligations to the Center, and will be responsible for building-related costs in the future. While there has been some agreement within the Southshore Center working group that this may make sense, it still has not been agreed by all of the cities to do so. At this point, the proposal that the cities' 2008 interim funding commitment "be used exclusively by the Friends for the maintenance of the Center" would be only an additional one-year investment by the cities in the building. Revised ProRosed Change: The City of Deephaven has drafted an agreement (attached) regarding only the 2008 interim funding. In this draft, the Option would not be solely Shorewood's. The proposed amendment would read as follows: "(a) City Option. Any of the participating Cities may purchase the Center by repayment to each of the remaining Cities an amount equal to their original capital contribution plus a rate of return of 5.0% per year on their original capital contribution dating from July 1, 1996." This proposal may result in a city paying more than the value of the Center at the time it makes the purchase. It's possible that this way of pricing the building will make it cost-prohibitive for any city to purchase it, and force it to be sold to a private entity. 2008 Interim Funding for Southshore Center August 27, 2007, City Council Work Session Page Three "(b) Outside Part~ption. In the event the Center is sold to any entity other than one of the participating Cities, the proceeds of the sale shall be allocated and paid to each City proportionate to its original capital contribution." Neither this proposal nor the wording in the current Agreement gives Shorewood credit for the value of the land it donated for the Center. The Shorewood Option matter is the key one among the five cities re ag rding agreement for the 2008 interim funding for the Center. The position of the Shorewood City Council is critical, as the other cities only will gain from the proposed amendment. There is also deadline looming -the cities need to show agreement by the SCS Board's meeting in September (the l Ot", I believe) for the SCS Board to commit to continue its staffing/programming services through November and December 2007. Draft Agreement: It is not necessary for the Council to act on it at this time; rather, the Council needs to indicate its position regarding an amendment to the Shorewood Option. The terms in the draft agreement cover the comments, clarifications, or conditions identified by the city councils as they considered and gave their approval to the interim funding concept. • The agreement is for 2008 only. • The cities will contribute no more than $42,602 to the Friends for 2008, and the funds must be used for maintenance of the building or placed in its building maintenance reserve fund. • The $25,000 in additional fundraising by the Friends, which will be matched by the cities, must be net fundraising income over and above the regular yearly fundraising income of the Friends. • The Friends's building reserve fund may not be used for non-building related expenses in 2008. • The Friends would provide quarterly financial reports to the cities during 2008. • The cities agree to make appropriate amendments to the 1996 Cooperative Agreement that reflects what new role the Friends may have regarding the Center. City Council Direction: The City Council should indicate whether it will plan to support an amendment, and which one, regarding the "Shorewood Option" as part of the 2008 interim funding agreement between the cities and the Friends of the Southshore Center. COOPERATIVE MAINTENANCE AGREEMENT FOR THE SHOUTHSHORE SENIOR/COMMUNITY CENTER This Agreement is made and entered into as of January 1, 2008, by and between the City of Deephaven, a Minnesota municipal corporation (Deephaven), the City of Shorewood, a Minnesota municipal corporation (Shorewood), the City of Excelsior, a Minnesota municipal corporation (Excelsior), the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay), the City of Greenwood, a Minnesota municipal corporation (Greenwood), hereinafter collectively referred to as "Cities" and the Friends of the South Lake Minnetonka Senior Community Center, a Minnesota nonprofit corporation, hereinafter referred to as "Friends". WITNESSETH.• WHEREAS, the Cities entered into a Cooperative Agreement for the SouthShore Senior/Community Center (Center) on March 4, 1996 that established the terms and conditions for the construction of the Center and the amount of each City's original investment and proportionate ownership in the Center as set forth in Appendix A; and WHEREAS, the Cities entered into a Lease on April 17, 1996 with the Friends that established the Friends as tenants of the Center and as the responsible party for maintaining the Center in good order, condition and repair during the term of the Lease; and WHEREAS, the following proposal has been submitted by the Friends and Senior Community Services (SCS) requesting that the Cities provide the Friends with interim funding in 2008 for the maintenance of the Center thereby enabling the Friends to fund a portion of SCS's costs for providing senior programs and services: PROPOSAL 1) The Cities are requested to provide building maintenance funding up to the amount of $42,602.00 to the Friends in 2008 as "interim funding" to enable the Friends Board and the Cities an opportunity to develop a specific proposal for long term funding. 2) The funding provided by the Cities in 2008 would be used solely for building maintenance. 3) The funding request of $42,602.00 would be allocated among the Cities according to each city's ownership percentage in the building and would be comprised of two parts: a) $17,602.00 according to each city's ownership percentage. b) Up to $25,000.00 in funds according to each city's ownership percentage that would "match" the Friends additional net fundraising activities. 4) The Friends would assume the responsibility for monitoring, evaluating and negotiating programs, services, staffing and program funding at the Center. 5) SCS would cover staffing costs at the Center from agency reserve funds through 2007 upon the Cities approval of the interim funding proposal. -1- NOW, THEREFORE, the parties hereby agree as follows: Exclusive Use of Funds. The Cities contribution of up to $42,602.00 is granted solely for 2008 and shall be used exclusively by the Friends for the maintenance of the Center. Any surplus funds remaining from the $42,602.00 that are not needed for the maintenance of the building in 2008 shall be deposited within a Building Maintenance Reserve Fund. The Cities contribution shall be made in quarterly installments, beginning in January 2008. The October 2008 payment shall address any potential shortfall in the additional fundraising efforts of the Friends. 2. Friends Fundraising Contribution. The additional $25,000.00 in fundraising that has been proposed by the Friends for 2008 must be net fundraising income over and above the regular fundraising income that the Friends normally raise each year in order to receive matching funds from the Cities. 3. 2008 Funding Shall Not Exceed $42, 602.00. The Cities contribution in 2008 shall not exceed $42,602.00 and will not be increased. 4. In the Event of an Operating Shortfall. If, for any reason, the Friends incur expenses in excess of the contributions of the Cities when operating the Center in 2008, the shortfall shall be the responsibility of the Friends and not the Cities, and the existing reserves of the Friends Board shall not be used for the purpose of "covering" the shortfall. Reserves are to be dedicated for building maintenance. 5. Reporting Requirements. The Friends shall provide the Cities with quarterly reports beginning on April 1st detailing all revenues and expenditures in order to monitor the progress of the fundraising efforts, building rental income, payments, program services provided and the establishment of a Foundation. 6. Amendments to Existing Agreements. The Cities shall make the appropriate amendments to the 1996 Cooperative Agreement and Lease that more accurately defines the new role of the Friends Board regarding managing staffing, programs and services. 7. Amendment to Section 6 of the 1996 Cooperative Agreement. The Cities shall amend Section 6 of the 1996 Cooperative Agreement to allow the Center to change ownership sold subject to the following conditions: (a) Cit,~ption. Any of the participating Cities may purchase the Center by repayment to each of the remaining Cities an amount equal to their original capital contribution plus a rate of return of 5.0% per year on their original capital contribution dating from July 1, 1996. (b) Outside Party Option. In the event the Center is sold to any entity other than one of the participating Cities, the proceeds of the sale shall be allocated and paid to each City proportionate to its original capital contribution. 8. Term. The term of this Agreement shall commence on January 1, 2008 and continue for twelve months ending December 31, 2008. -2- 9. GoveNning Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the Cities of Deephaven, Shorewood, Excelsior, Tonka Bay and Greenwood, in accordance with the authorizing resolution from their respective City Councils, and the Friends of the South Lake Minnetonka Senior Community Center, have caused this Agreement to be duly executed. CITY OF DEEPHAVEN Dated: Dated: Dated: Dated: By: Its: City Administrator By: Its: Mayor CITY OF SHOREWOOD By: Its: City Administrator By: Its: Mayor CITY OF EXCELSIOR By: Its: City Manager By: Its: Mayor CITY OF TONKA BAY By: Its: City Administrator By: Its: Mayor -3- CITY OF GREENWOOD Dated: FRIENDS OF THE SOUTH LAKE MINNETONKA SENIOR COMMUNITY CENTER Dated: By: Its: Secretary By: Its: City Administrator By: Its: Mayor By: Its: President <~ - 4- EXHIBIT A Ci $ Contribution % of Contribution Shorewood 311,000 50.00% Excelsior 90,812 14.60% Greenwood 24,569 3.95% Deephaven 139,639 22.45% Tonka Ba 55,980 9.00% Total 622,000 100.00% CITY ®F 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 MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: August 13, 2007 SUBJECT: Interim Funding Proposal for Southshore Center The group convened by SCS on behalf of the five South Lake Minnetonka cities met this morning to discuss the interim funding proposal for Southshore Center activities and expenses in 2008. All of the city councils had approved the concept, and ali wanted clarity that the funding was for 2008 only, that there would be no additional funds coming from the cities for 2008, that the cities' funds would go to the Friends of the Southshore Center, and that there needed to be a document executed by all parties that would be binding on all of them.. The Deephaven city council added another condition, and that was to address the "Shorewood option" in the 1996 cooperative agreement among the cities to construct the Southshore Center. Without consideration or a change in this option, it would not provide funding for the 2008 interim funding proposal. The Center was financed with each city paying approximately the percentage of the total five-city population that they had. Their contribution was $600,000. Additionally, Shorewood provided the land (which was split off as a separate parcel), was responsible for the construction of the facility, and paid any overage in the construction costs (which, in the end, netted out to be $30,000 - $50,000, which staff will need to check the records). On page 3 of the Cooperative Agreement (attached), the disposition of the building upon termination of the agreement or of the. lease on the building is detailed. To summarize a) Shorewood Option: Shorewood has the right of first refusal, and would pay the other cities back their initial contribution to the building. b) Sale to Third Party: If a third party purchases the facility, the cities share proportionately in the proceeds of the sale. c) Proceeds from Future Gain: If Shorewood takes possession of the building, but subsequently sells it to another party within 10 years, the other cities share proportionately in the proceeds of the sale. The terms of the Shorewood Option are analogous to what the SLMPD cities had in place with the former police station in Excelsior that was owned by the City of Excelsior. os ~. a' PRINTED ON RECYCLED PAPER Southshore Center Proposal -Status August 13, 2007 Page 2 Representatives of the other cities in the group agreed that the Shorewood option should be reviewed, but had expected it to be discussed when they returned to the original purpose of their work -the longer-term responsibilities of the cities and the Friends. There was general agreement that with the cities now being requested to go into on-going funding of the building, there should be some recognition of the change in their equity position. The idea would be to change the Shorewood option such that, in the even that Shorewood exercised its option, that it would reimburse the other cities their proportionate share of the value of the Southshore Center at the time it exercised the option, not just their original contributions. Shorewood should be given full credit for the land, and not have that amount included in the value of the Southshore Center. The wording to effect the change as proposed may be something to the following effect: a) Shorewood Option. The City of Shorewood may retain the Center by repayment to each of the remaining Cities an amount equal to their original •' share of contributions to the construction of the building based on an appraisal of the value of the building at the date of Termination. Shorewood may pay the remaining Cities in cash, or at its option, Shorewood may make installment payments to the Cities over a period not to exceed ten (10) years payable in equal installments of principal and interest at the rate of eight percent (8%) per annum from and after the date of Termination." Within the Agreement, the sale of the Center, an amendment to the Agreement, or Termination of (or renewal, extension, or subleasing of or succession to) the lease with the Friends requires atwo-thirds vote of the cities. Based on the discussion in the group this morning, the other city councils will be looking for action by the Shorewood City Council in terms of its willingness to amend the Shorewood Option in the Agreement. Deephaven has volunteered to draft the document for the interim funding by the parties, and expects to have it available next week. The next meeting of the group has been scheduled for 10:00 a.m. Friday, September 7, at the Southshore Center. COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/CO1~~VIUNTI'Y CENTER THIS COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/ CON~~Y CENTER is made on this 4 day of March , 1996, by and among the City of Deephaven, a Minnesota municipal corporation (Deephaven), the City of Excelsior, a Minnesota municipal corporation (Excelsior), the City of Greenwood, a Minnesota municipal corporation (Greenwood), the City of Shorewood, a Minnesota municipal corporation (Shorewood), and the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay), (hereinafter collectively refereed to as "Cities"). RECITALS: FIRST: Cities desire to develop asenior/community center (Center). The Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. In addition, the Center shall be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. SECOND: Cities desire to combine resources pursuant to Minn. Stat. § 471.59 to develop and construct the Center. NOW, THEREFORE, the parties covenant and agree as follows: l .) Purpose. The parties have determined that each City is more economically and efficiently served by constructing and operating the Center together rather than each City constructing and operating its own community center. The parties agree that the Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall also be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. Such programs and activities shall be consistent with the use of the surrounding and adjoining facilities. The overall guiding principle embodied in this Agreement is the mutual desire of the parties to maximize the use of the Center by all members of the Cities` respective constituencies. 2. } Ownership. The development and construction of the Center shall be financed through a pooling of resources from Cities and The Friends of the South Lake Minnetonka Senior Community Center, a Minnesota non-profit corporation with tax-exempt status pursuant to §§ 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986 (Friends). Cities shall own the Center as tenants in common, with the ownership interest of each Ciry proportionate to each City's investment in the Center. The amount of each City's investment and the proportionate ownership of each City is set forth in Exhibit A attached hereto which may be amended from time to time upon unanimous approval of the cities. The Center shall be constructed on property conveyed by Shorewood to Cities for One and 00/100 Dollar ($1.00), and other good and valuable consideration, and which is legally described on Exhibit B attached hereto. Shorewood shall be responsible for the design and construction of the Center in accordance with the preliminary site plan and building elevation as set forth on Exhibit C attached hereto. 3.) Funding. All amounts due from Cities for the development and construction of the Center shall be remitted to Shorewood within sixty (60) days of the date of the execution of this Agreement by an authorized representative of each City. Shorewood shall be the finance manager and manager of the construction of the Center during the design and construction of the Center and shall establish separate books of account to monitor the payment of funds. The Cities shall be under no further obligation, pursuant to the terms of this Cooperative Agreement, to fiznd the maintenance, operation, progr~mm;ng or staffing of the Center or any other costs, expenses or capital investments relating to the Center. 4.) Excess Funds. Upon completion of construction of the Center, excess funds shall be held in a restricted capital reserve account for the purpose of repairs and capital replacement of the Center. This account shall be controlled by the Friends, however, no expenditure in excess of Five Thousand and 00/100 Dollars ($5,000) shall be made without the approval of a majority of the Cities. This reserve is not intended for day-to-day maintenance such as snow removal, routine building maintenance and cleaning or for any other operating costs. 5.) Lease. Cities shall Lease the Center to Friends (Friends' Lease). The term of the Friends' Lease shall be twenty-five (25} years and the rental rate shall be One and 00/100 Dollar ($1.00) per year and other good and valuable consideration. The Friends' Lease shall provide for four (4) renewal periods of five (5) years each. Friends shall operate and maintain the Center. Friends shall be required to pay for any and all forms of insurance to adequately insure the Center against any and all risks associated with operating and maintaining the Center, both known and unknown, including worker's compensation insurance for Center employees and general liability insurance up to the statutory limits of liability relating to the Center. Each policy shall name Cities as additional insureds. By entering into this Agreement, Cities do not agree to assume any risk or responsibility for the acts or omissions relating to the operation and maintenance of the Center by Friends, or for the procurement, or failure to procure, by Friends of insurance against all insurable risks, both known and unknown, related to the Center, or for the acts or omissions of any other City. 6.) Termination. Any City may terminate its participation in this Agreement at any time for any reason upon thirty (30) days written notice to the remaining Cities. The remaining Cities shall not have a right to object to any City's withdrawal from this Agreement. A withdrawing city will not have the right to participate in decisions relating to this Agreement. Withdrawal from this Agreement will not result in the forfeiture of the withdrawing City's undivided ownership interest in the Center but the withdrawing City's share of the costs incurred by the Cities pursuant to this Agreement, if any, shall be recovered out of the withdrawing City's share of any proceeds resulting from the sale or liquidation of the Center. ~, At the termination of the Lease term or termination by action and approval of the Cities, the Center may be sold subject to the following: (a) .Shorewood Option. The Ciry of Shorewood may retain the Center by repayment to each of the remaining Cities an amount equal to their original capital contribution. Shorewood may pay the remaining Cities in cash, or at its option, Shorewood may make installment payments to the Cities over a period not to exceed ten (10) years payable in equal annual installments of principal and interest at the rate of eight percent (8%} per annum from and after the date of Termination. (b) Sale to Third Party. The Center may be sold to a third parry for fair market value. In the event of sale to a third party, the City of Shorewood will assure adequate access to the Center. The proceeds of said sale shall be allocated and paid to each City proportionate to its original capital contribution as provided in the attached Exhibit A. (c) Proceeds from Future Gain. Should Shorewood sell the Center to a third parry within ten (10) years of exercising alternative (a), the net proceeds of said sale beyond the original capital contribution paid by each of the Cities shall be allocated and paid to each City proportionate to its onginal capital contribution as provided in the attached Exhibit A. 7 .) Dissolution Amendment. Termination. The following may only be undertaken based on the written approval of two-thirds of the Cities: (a) Sale of the Center; (b) Amendment of this Agreement; or (c) Termination of the Lease with The Friends of South Lake Minnetonka Senior Community Center, or any renewal, extension, assignment or subleasing thereof or successor thereto. The following may be undertaken upon written approval of a majority of the Cities: (a) Capital improvements; or (b) Ciry directed changes in the operation of the Center. 8.} Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the Cities of Deephaven, Excelsior, Greenwood, Shorewood and Tonka Bay, in accordance with the authorizing resolution from their respective City Councils, have caused this Agreement to be duly executed. CITY OF DEEPHAVEN Dated: 3 ~ y ~ 9 ~ By: ! -~ -~ ! Os 0_ Its: City Clerk Treasurer , J ~J C By: Its: Ma r Dated: 2/28/96 Dated: ~- ~ ~ 8 ~ ~ ~ Dated: Dated: 2/28/96 2/28/96 CITY OF EXCELSIOR ~ °~ By: ~ G~.-r ~ Its: ity Manama By: Its: Ma r CITY OF GREE~]WOOD Its: Ciry (Clerk) Administrator r d By: Its: ayor CITY Obi SHOREWOOD I ~' Its: City (Clerk) Administrator U; Its: Mayor CTI'Y OF TONKA B AY By: Its: City (Clerk) Administrator B• Its: i 0`?? 696.'_ EACH l ~ 1~ A City ~ Contribution % Contribution Shorewood ~ 31 1, 000 50.00% Excelsior ~ 90, 812 14.60% Greenwood 24, 569 3.95% Deephaven 139, 639 22.45% Tonka Bay 55, 980 9.00% $ 622,000 100.00% MEMORANDUM CITY O F 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: August 23, 2007 To: Honorable Mayor and City Councilmembers ~~~ From: Bonnie Burton, Finance Director/Treasurer ' Craig Dawson, City Administrator Re: Summary of the 2008 Budget Revisions for the August 27 Work-session The City Council requested made changes to the 2008 General Fund Operating budget at the August 20, 2007 work-session. The summary of changes and their impact on the 2008 budget is as follows: 2008 Budget Changes Requested 1. Pay off the South Shore Center final debt service payment (due 2008 for approximately $37,500) in 2007 using resources available in the 1993-1995 debt service fund (approximately $100,000). Provide options and recommendations about other debt service that may be paid down with the remaining available balance (approx. $60,000). These Transfers and payments to take place in conjunction with adoption of the final budget in December, as with all other transfers. 2. Retain the above previously budgeted $37,500 in the Municipal Facilities Department budget for possible City Hall maintenance funding in 2008. 3. ;Combine the `Trails' transfer line item (budgeted at 0) with the Park Capital Improvement line item. 4. Increase the Administrator's budget by $20,000 for potential staff performance salary Increases. 5. Decrease the General Government office supply allocation by $5,000. 6. Increase the Streets & Roadways Transfer line item by an additional $200,000 (now total $645,000) for the purpose of having adequate funding to provide for `street slurry' and seal coating. 7. Decrease the Snow & Ice Removal budget General Supply line item from $46,725 to $44,500 (the same amount budgeted in 2007}. ~©~® PRINTED ON RECYCLED PAPER 1 Impact on the 2008 General Fund Budget After implementing the previously discussed changes, the impacts are as follows: 1. The 2008 property tax levy is now contemplated at $4,806,995, which is a 9.34% increase from Budget 2007. 2. Total budget 2008 revenues are $5,374,145, an increase of 7.68% from Budget 2007. 3. Total budget 2008 expenditures are $4,544,145, an increase of 1.86% from Budget 2007. 4. Total 2008 Transfers to Capital Projects Funds are now programmed at $970,000, an increase of 44.78% from Budget 2007. 5. Attached is a worksheet showing the estimated tax impact of the current 2008 Budget draft on sample Shorewood home values. It shows that the proposed levy would result in a slight decrease in the City of Shorewood portion of the property tax bill (approximately 25% of the total tax). Required Budget Deadlines Approaching This is just a reminder that the date for certifying the Proposed 2008 General Fund Budget is rapidly approaching. September 10 is the last regularly scheduled City Council meeting prior to the budget adoption deadline of September 14, 2007. The final budget adopted in December may have the property tax levy amount reduced, but it may not be increased from the amount adopted in September. CITY OF SHOREWOOD 2008 Proposed General Fund Budget Tax Impact -City Portion General Fund Proposed Levy: $4,806,995 Proposed Home Tax 2008 2007 Dollar Valuation Capacity City City Change 150.000 1500 $ 380 $ 403 $ (23) $ 200,000 2000 $ 507 $ 538 $ (31) $ 250,000 2500 $ 634 $ 672 $ (39) $ 300,000 3000 $ 760 $ 807 $ (46) $ 350,000 3500 $ 887 $ 941 $ (54) $ 400,000 4000 $ 1,014 $ 1,076 $ (62) $ 450,000 4500 $ 1,141 $ 1,210 $ (69) $ 500,000 5000 $ 1,267 $ 1,345 $ (77) $ 550,000 5625 $ 1,426 $ 1,513 $ (87) $ 625,000 6563 $ 1,663 $ 1,765 $ (101) $ 700,000 7500 $ 1,901 $ 2,017 $ (116) $ 750,000 8125 $ 2,060 $ 2,185 $ (125) $ 1,000,000 11250 $ 2,852 $ 3,025 $ (173) ~!~ CITY OF SI~OREZ~TOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhailQci.shorewood.mn.us Celebrating 50 Years • 1956 - 2006 CITY OF SHOREWOOD, MINNESOTA 2008 DRAFT ANNUAL GENERAL FUND ®PERATING BUDGET SUMMARY' BUDGET WORKSESSION 27 AUGUST 2007 ®~ ~j®a® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD GENERAL FUND REVENUE AND EXPENDITURE SUMMARY 2008 PROPOSED BUDGET Actual 2005 Actual 2006 Budges 2007 YTD June 2007 Requested Proposed 2008 2008 Adopted $$ 2008 Change Change Revenues and Other Sources Property Taxes 3,750,633 4,141,539 4,396,308 1,521,200 4,806,995 410,687 9.34% Licenses and Permits 334,720 382,408 256,650 135,080 216,150 (40,500) -15.78°% Intergovernmental 64,480 4,925 65,000 0 65,000 0 0.00°b Fines and Forfeitures 90,149 79,040 80,000 43,912 80,000 0 0.00% Charges for Service 50,750 45,450 43,000 65,074 56,000 13,000 30.23% Miscellaneous Revenue 204,636 195,090 150,000 75,027 150,000 0 0.00 Total Revenues 4,495,368 4,848,452 4,990,958 1,840,293 5,374,145 0 0 383,187 7.68% Expenditures General Government Mayor and Council 59,706 60,960 72,893 29,676 70,093 (2,800) -3.84% Administration 132,686 125,505 159,389 75,328 178,621 19,232 12.07% General Government 222,437 195,099 239,574 112,119 242,183 2,609 1.09% Elections 407 30,018 11,630 2,479 37,642 26,012 223.66% Finance 167,597 159,336 214,412 75,072 190,581 (23,831) -11.11% Professional Services 162,271 164,864 187,600 122,093 217,000 29,400 15.67% Planning and Zoning 166,103 194,305 192,320 84,011 206,390 14,070 7.32% Municipal Building 507,659 207,400 225,744 73,368 226,314 570 0.25% Total General Government 1,418,867 1,137,485 1,303,562 574,146 1,368,824 0 0 65,262 5.01% Public Safety Police 987,130 1,036,609 1,069,063 732,382 1,111,503 42,440 3.97% Fire Protection 492,774 563,850 595,947 446,960 622,935 26,988 4.53° Protective Inspection 110,126 139,580 132,510 60,815 128,134 (4,376) -3.30° Animal Control 24,673 21,845 24,330 10,999 25,060 730 3.00 %° Total Public Safety 1,614,703 1,761,884 1,821,850 1,251,156 1,887,632 0 0 65,782 3.61% Public Works City Engineer 152,899 195,435 176,568 67,812 157,436 (19,132] -10.84%, Public Works Services 300,431 363,218 554,915 196,807 563,088 8,173 1.47% Streets and Roadways 161,189 164,708 196,258 48,045 183,272 (12,986) -6.62% Snow and Ice Removal 45,339 27,330 81,235 46,448 85,566 4,331 5.33° TrafficControUStreetLights 36,119 41,701 43,700 16,483 43,800 100 0.23% Sanitation/Waste Removal 4,088 6,003 6,757 2,752 5,641 (1,116) -16.52% Tree Maintenance 23,258 30,556 33,733 12,977 30,278 (3,455) -10.24°6 Total Public Works 723,323 828,952 1,093,166 391,324 1,069,081 0 0 (24,085) -2.20% Culture and Recreation Parks and Recreation 177,508 169,411 242,380 93,775 218,608 (23,772) -9.81 %° Total Culture and Recreation 177,508 169,411 242,380 93,775 218,608 0 0 (23,772) -9.81°% Total Expenditures 3,934,400 3,897,732 4,460,958 2,310,401 4,544,145 0 0 83,187 1.86°S Total Revenues Over (Under) Expenditures 560,968 950,720 530,000 (470,108) 830,000 0 0 Fund Transfers In Liquor Fund Street Reconstr Fund Trail Fund Sewer Fund Water Fund Total Transfers In Fund Transfers Out Equip Replacemt Fund (PW) Street Reconstr Fund Park Capital Imp Fund Trail Cap~al Imprvment Fnd Public Facilities Fund Land & Open Space Fund Sewer Fund Stormwater Mgmt Fund Total Fund Transfers Out Excess (Deficiency) of Revenues and Other Financing Sources Over Expenditures and Other Uses Amounts to be Provided from General Fund Balance General Fund Balance January 1 General Fund Balance December 31 CITY OF SHOREWOOD GENERAL FUND REVENUE AND EXPENDITU RE SUMMARY 2008 PROPOSED BUDGET Actual Actual Budget YTD June Requested Proposed Adopted $$ 2005 2006 2007 2007 2008 2008 2008 Change 50,000 50,000 40,000 0 40,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Change 50,000 50,000 40,000 0 40,000 0 0 0 0.00% 116,000 175,000 175,000 0 175,000 0 311,000 345,000 345,000 0 645,000 300,000 10,000 10,000 10,000 0 15,000 5,000 0 0 0 0 0 0 50,000 50,000 50,000 0 50,000 0 5,000 5,000 5,000 0 0 (5,000) 60,000 60,000 0 60,000 0 7,000 25,000 25,000 0 25,000 0 559,000 610,000 670,000 0 970,000 0 0 300,000 44.78 51,968 390,720 (100,000) (470,108) (100,000) 0 0 0 (390,720) 100,000 470,108 100,000 0 0 2,941,223 2,993,181 3,383,901 3,383,901 3,283,901 3,283,901 3,283,901 2,993,181 3,383,901 3,283,901 2,913,793 3,183,901 3,263,901 3,283,901 CITY OF SHOREWOOD GENERAL FUND SUMMARY OF ESTIMATED REVENUES 2008 PROPOSED BUDGET REVENUES Actual 2005 Actual 2006 Budget 2007 YTD June 2007 Proposed 2008 Adopted 2008 $ Change Change Taxes General Property 3,140,295 4,023,948 3,835,173 1,521,200 4,251,917 416,744 10.87% Fiscal Disparities 113,546 117,591 0 0 0 0 0.00% Special Levy 496,792 561,135 0 555,078 (6,057) -1.06% Total Taxes 3,750,633 4,141,539 4,396,308 1,521,200 4,806,995 0 410,667 9.34% License/Permits Rental Housing 720 120 500 60 500 0 0.00% Tobacco 1,500 1,000 1,500 0 1,500 0 0.00% Alcoholic Beverages 8,200 8,200 8,200 8,200 8,200 0 0.00% Others-Business 2,515 0 2,000 0 1,000 (1,000) -50.00% Building Permits 317,390 365,510 240,000 123,800 200,000 (40,000) -16.67% Tree Trimming Licenses 450 510 450 120 450 0 0.00% Dog Licenses 3,844 4,104 3,500 1,961 3,500 0 0.00% Others-Misc. 100 2,964 500 939 1,000 500 100.00% Total License/Permits 334,720 382,408 256,650 135,080 216,150 0 (40,500) -15.78% Inter-governmental Revenues State Aids Mkt Value Credit Aid 34 174 0 0 0 0 0.00% PERA Aid 4,751 4,751 5,000 0 5,000 0 0.00% MSA Road Aid 59,695 0 60,000 0 60,000 0 0.00% Total State Aids 64,480 4,925 65,000 0 65,000 0 0 Totallnter-governmental 64,480 4,925 65,000 0 65,000 0 0 0.00% Charges For Service General Government 16,262 14,320 8,000 38,819 21,000 13,000 162.50% Engineering 0 5,000 0 5,000 0 0.00% Recreation 34,490 31,130 30,000 26,255 30,000 0 0.00% Total Charges For Service 50,752 45,450 43,000 65,074 56,000 0 13,000 30.23% Fines & Forfeits 90,149 79,040 80,000 43,912 80,000 0 0.00% Misc. Revenues 204,636 195,090 150,000 75,027 150,000 0 0.00% Total Revenues Before Tsfrs 4,495,369 4,848,452 4,990,958 1,840,293 5,374,145 0 383,187 7.90% Transfers From General Fnd Rsvs 0 0 100,000 0 100,000 0 0.00% From Other Funds 0 0 0 0 0 0 0.00% From Liquor Stores 50,000 50,000 40,000 0 40,000 0 0.00% Total Transfers 50,000 50,000 140,000 0 140,000 0 0 0.00% Total Revenues &Transfers 4,545,369 4,898,452 5,130,958 1,840,293 5,514,145 0 383,187 7.47% Other Funding Sources 0 0 0 0 0 0 0 0.00% Total Revenues $4,545,369 $4,898,452 $5,130,958 $1,840,293 $5,514,145 $0 383,187 7.47% CITY OF SHOREWOOD GENERAL FUND SUMMARY OF EXPENDITURES 8~ TRANSFERS OUT 2008 PROPOSED BUDGET Actual Actual Budget YTD June Requested Proposed Adopted $$ 2005 2006 2007 2007 2008 2008 2008 Change Change Expenditures General Government Mayor and Council 59,706 60,960 72,893 29,676 70,093 (2,800) -3.84% Administration 132,686 125,505 159,389 75,328 178,621 19,232 12.07% General Government 222,437 195,099 239,574 112,119 242,183 2,609 1.09% Elections 407 30,018 11,630 2,479 37,642 26,012 223.66% Finance 167,597 159,336 214,412 75,072 190,581 (23,831) -11.11% Professional Services 162,271 164,864 187,600 122,093 217,000 29,400 15.67% Planning and Zoning 166,103 194,305 192,320 84,011 206,390 14,070 7.32% Municipal Building 507,659 207,400 225,744 73,368 226,314 570 0.25% -Capital Tsfr: Pub Facil/Offc. Equip. 110,000 50,000 110,000 0 110,000 0 0.00% Total General Government 1,528,866 1,187,487 1,413,562 574,146 1,478,824 0 0 65,262 4.62% Public Safety Police 987,130 1,036,609 1,069,063 732,382 1,111,503 42,440 3.97% Fire Protection 492,774 563,850 595,947 446,960 622,935 26,988 4.53% Protective Inspection 110,126 139,580 132,510 60,815 128,134 (4,376) -3.30% Animal Control 24,673 21,845 24,330 10,999 25,060 730 3.00% Total Public Safety 1,614,703 1,761,884 1,821,850 1,251,156 1,887,632 0 0 65,782 3.61% Public Works City Engineer 152,899 .195,435 176,568 67,812 157,436 (19,132) -10.84% Public Works Services 300,431 363,218 554,915 196,807 563,088 8,173 1.47% -Capital Tsfr: Equip/Strmwtr 123,000 200,000 200,000 0 200,000 0 0.00% Streets and Roadways 161,189 164,708 196,258 48,045 183,272 (12,986) -6.62% -Capital Tsfr: Street Imprvs. 311,000 345,000 345,000 0 645,000 300,000 86.96% Snow and Ice Removal 45,339 27,330 81,235 46,448 85,566 4,331 5.33°1° Traffic Cntrl/Street Lights 36,119 41,701 43,700 16,483 43,800 100 0.23% Sanitation/Waste Removal 4,088 6,003 6,757 2,752 5,641 (1,116) -16.52% Tree Maintenance 23,258 30,556 33,733 12,977 30,278 (3,455) -10.24% Total Public Works 1,157,323 1,373,951 1,638,166 391,324 1,914,081 0 0 275,915 16.84% Culture and Recreation Parks and Recreation 177,508 169,411 242,380 93,775 218,608 (23,772) -9.81% -Cap Tsfr: Pk Imprv/Land Open 15,000 15,000 15,000 0 15,000 0 0.00°1° Total Culture and Recreation 192,508 184,411 257,380 93,775 233,608 0 0 (23,772) -9.24% Total Expenditures 4,493,400 4,507,733 5,130,958 2,310,401 5,514,145 0 0 383,187 7.47%