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011408 CC Reg AgPCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 14, 2008 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee Woodruff Turgeon Callies We]lens 2. 3. B. Review Agenda APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, December 10, 2007 (Att.- Minutes) 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. Setting the 2008 City Council Regular Meeting Dates (Att.- Draft Resolution) C. Staffing - No action required D. City Clerk's License List (Att. -Deputy Clerk's memorandum) E. Authorizing the Mayor and City Administrator to Extend the EPDB Conditional Use License Agreement with Hennepin County (Att. -Proposed Resolution) F. Travel Policy for Elected Officials (Att. -Administrator's memorandum) G. P.U.D. Amendment (Att. -Draft Resolution) Applicant: Boulder Bridge Association Location: Outlot C, Boulder Bridge H. Set Public Information Meeting Date for the Storm Water Pollution Prevention Program (SWPPP) Public Meeting (Att. -City Engineer's memorandum) I. Authorize Expenditure of Funds for Purchase of a Replacement Computer and GIS Software (Att. -City Engineer's memorandum) CITY COUNCIL REGULAR MEETING AGENDA -JANUARY 14, 2008 PAGE 2 OF 2 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS -Report by Representative A. Report on Park Commission activities (Att.- Draft Minutes) 8. PLANNING -Report by Representative 9. GENERAL/NEW BUSINESS A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2008 (Att.- Draft Resolution) B. Amendment to the Excelsior Fire District (EFD) Joint Powers Agreement (Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council 12. EXECUTIVE SESSION -CITY ADMINISTRATOR PERFORMANCE REVIEW 13. ADJOURN C I`I"~' 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 Executive Summary Shorewood City Council Regular Meeting Monday, l4 January 2008 • A 6:00 p.m. Work Session is scheduled this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This resolution sets the 2008 City Council meeting schedule, which is the 2na and 4th Mondays of each month. If a meeting falls on a holiday, Council should provide adequate notice of an alternate meeting date. There is one date in 2008 that falls on a holiday, and the resolution proposes a meeting date of Tuesday, May 27, due to the Memorial Day holiday on Monday, May 26. Agenda Item #3C: Staffing - no action required. Agenda Item #3D: Two additional Tree Trimmer and four additional Garbage Hauler license requests have been received at the City and reviewed for completeness. As all license fees and requirements have been met, licenses have been issued to the Tree Trimmers and Garbage-Haulers listed. Agenda Item #3E: This Resolution extends the annual Agreement with Hennepin County for Electronic Parcel Database (EPDB) for the purpose of obtaining Shorewood parcel data during the Year 2008. Agenda Item #3F: Beginning in 2006, the Legislature requires that cities have an "elected officials out-of--state travel policy", and that it be reviewed annually. The Council adopted the policy in 2006, and it was adapted from a model prepared by the League of Minnesota Cities. No changes were made after review in January 2007. No further action is required at this time unless the Council wishes to make modifications to it. Agenda Item #3G: At its meeting on December 10, 2007, the Council directed staff to prepare a resolution amending the development agreement for Boulder Bridge. The amendment reduces the rear yard setback for perimeter lots in the easterly half of the development from 50 to 30 feet. The attached resolution contains that amendment. Agenda Item #3H: As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the ®s ~®a' PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of 14 January 2008 Page 2 of 2 permit requires an annual public meeting be held to discuss the Storm Water Pollution Prevention Program. Staff is recommending that this meeting be held February 25, 2008, at 7 PM, as part of the regular City Council meeting. Staff recommends that Council set this date and time for the Public Informational meeting. Agenda Item #3I: Staff recommends approval of the expenditure of funds from the City Engineer Operating Budget for a replacement computer and GIS software. The two total to approximately $3600 which is within the amount budgeted. Agenda Item #7A: A report on Park Commission activities will be provided this evening. Agenda Item #9A: This annual resolution makes Year 2008 appointments to certain offices and positions within the City. Agenda Item #9B: The Board of the Excelsior Fire District has recommended that four sections of the Joint Powers Agreement be amended. These amendments would provide updates on matters that are included by reference in the JPA and improve the financial management of the District. The proposed amendments are explained in the staff report. Thus far, the city councils of Excelsior, Greenwood, and Tonka Bay have approved the amendments. Staff recommends that the Council approve the Second Amendment to the Joint Powers Agreement of the Excelsior Fire District. Agenda Item #11B: Some councilmembers have communicated with the City Administrator about their intent to make comments about the LMCD/LMA proposals for lake vegetation management; the possibility of cablecasting City Council work sessions; and planning for discussion of uses of monies in the Liquor Fund. Agenda Item #12: The Council will need to recess its regular meeting and convene in executive session for its internal discussion of the city administrator's 2007 performance assessment. At the end of the executive session, it will need to reconvene its regular meeting prior to adjournment. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 10, 2007 MINUTES 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Associate Attorney Mayeron; Administrator Dawson; Finance Director Burton; Planning Director Nielsen; Director of PLiblic Works Brown; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Callies seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, November 26, 2007 Wellens moved, Callies seconded, Approving the City Council Work Session Minutes of November 26, 2007, as presented. Motion passed 5/0. B. City Council Regular 1lecting 1~~liuutes, November 26, 2007 Woodruff moved, Callies seconded, Approving the City Council Regular Meeting Minutes of November 26, 2007, as presented. Motion. passed 5/0. C. City Council Special Meeting Minutes, December 3, 2007 Turgeon moved, ~~'ellens seconded, Approving the City Council Special Meeting Minutes of December 3, 2007, as presented. Motion passed 4/0/1 with Woodruff abstaining due to his absence at the meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. #2A SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 2 of 11 A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 07-078, "A Resolution Approving the Regular Appointment of James Landini as City Engineer." C. City Clerk's License Approvals (This item was moved to Item 9.E under General/New Business.) D. Property and Liability Insurance Renewal E. Authorize Expenditure of Funds for Lift Station No.) -Fatima Place (This was moved to Item 10.C under Engineering/Public Worla.) F. Adopting RESOLUTION NO. 07-080, "A Resolution Approving Subdivision of Real Property for Daniel Nelson, 25865 Birch Bluff Road." G. Adopting RESOLUTION NO._. 07-081. "A Resolution Accepting Final Improvements and Authorizing Final Pay~meut for the Southeast Area Well / Amesbury Well Interconnection Project, City Project #05-05." H. Authorize Expenditure of Funds for Public Works Tire Changer I. Accept Proposal for Professional Services from K1,lI Engineering for SE Water Tower Rehabilitation (This was moved to licr~~ 10.I3 under Engineering/Public Works.) Motion passed 5/0. 4. MATTERS FROM '1'IIE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND I'RESFNTA'TIONS None. 6. PUBLIC" HEARING None. 7. PARKS No report was given because there had not been a Park Conunission meeting since the last City Council Regular meeting. 8. PLANNING -Report by Representative Commissioner Gagne reported on matters considered and actions taken at the December 4, 2007, Planning Commission meeting (as detailed in the minutes of that meeting). SAOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 3 of 11 A. Lot Line Rearrangement Applicant: Linda Beutel-Ilstrup Location: 5865/5875 Division Street Director Nielsen explained that Linda Beutel-Ilstrup owned the properties located at 5865 and 5875 Division Street. She and her husband, Tom, proposed to rearrange the lot line between the two properties; the intent was to enlarge the lot that their house was located on and establish the applicants' ownership of the driveway that served the two lots. The driveway also served the home to the north at 5845 Division Street. The properties were zoned R-1C, Single-Family Residential; and both parcels had houses on them. According to Hennepin County tax records, the westerly parcel (Parcel B) currently contained 58,792 square feet of area and the easterly parcel (Parcel A) contained 40,602 square feet of area. The properties were located at the end of Division Street, a substandard (33-foot-wide) public street with no turn-around. The westerly lot had only 33 feet of frontage on the street, while the easterly lot was landlocked. With regard to the analysis of the case, Nielsen explained the R-1C zonil7g district required lots to be at least 20,000 square feet in area and 100 feet wide at the building line. The applicants indicated that the rearranged westerly parcel would have 33,641 square feet of area.. leaving the easterly parcel with 65,753 square feet of area. Although both lots would exceed the area requirement, neither of them complied with the width requirement. That was due in part to the gerrymandered configuration of the proposed lot line, but more because of the lack of frontage that already existed. One of the problems with strange lot configurations was how to establish building setbacks. The front yard setback for the proposed westerly lot should be a line parallel with its northerly border, 35 feet back. The front setback for the proposed easterly parcel should be measured from a 1n1c drawn parallel with the rear lot line, where the lot achieved 100 feet in width; its southeasterly lot lyre was the rear.. with the remaining lot lines being sides. Nielsen stated that ordinarily the strange configurations proposed in the application would not be reconunended. In this case, the applicants' motives were understandable and the result would be no worse than what existed there today, ~-vith one of the lots being landlocked. Nielsen then stated the Planning Commission unanimously recommended approval of the nunor subdivision and lot width variance subject to the following conditions specified in the November 28, 2007, Staff report, 1. The northerly lot line of Parcel B should be straightened. 2. ~Che applicants' survey should be revised to show all existing easements and proposed lot areas. 3. The applicants' should have a legal description prepared for a new driveway easement on Parcel A, in favor of Parcel B. 4. The applicants' should have a driveway easement and maintenance agreement prepared suitable for recording. 5. The applicants' should provide legal descriptions for drainage and utility easements (10 feet around each of the lots). From these descriptions the applicants' should have easement deeds to the City prepared. 6. A drawing illustrating the setbacks for the lots should be incorporated into the resolution approving the subdivision/combination. 7. The applicants must provide an up-to-date (within 30 days) title opinion or title commitment for review by the City Attorney. SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 4 of 11 The applicants must subnut the above referenced items within 30 days, after which they would have 30 days to record the resolution with Hennepin County or the approval would be void. Wellens moved, Woodruff seconded, Adopting RESOLUTION NO. 07-082, "A Resolution Approving Subdivision and Combination of Real Property and Lot Width Variance for Linda Beutel-Ilstrup, 5865 and 5875 Division Street." Motion passed 5/0. B. Minor Subdivision Applicant Mike McCarthy Location: 5770 Ridge Road Director Nielsen explained Mike McCarthy proposed to subdivide his property at 5770 Ridge Road into two lots. The subject property was zoned R-1A/S, Single-Family Residential/Shoreland and contained 6.94 acres of land. It was located between Christmas Lake and Silver Lake, it was relatively wooded, and it dropped rather dramatically (with slopes as steep as 30-~0 percent toward Silver Lake and as much as 50 percent toward Clu-istmas Lake). The property ~~as approximately 298 feet wide li-om its northerly boundary to its southerly lot line. It was occupied by the applicant's house with an attached garage on the west side of Ridge Road, which was a private street. The proposed westerly lot with the existing house on it would contain 110,768 square feet of area (2.54 acres), while the easterly lot would have 191,855 square feet of area (4.4 acres). Although the applicant had not provided hardcover calculations for the lot with the house on it, hardcover was not considered to be an issue given the size of the lot. With regard to the analysis of the case, Nielsen explained that although both of the proposed lots would meet or exceed the R-lA/S size requirements, the applicant was asl~cd to demonstrate how the new lot would be buildable. Two issues were raised during the initial review of the proposed subdivision: 1) the driveway grade; and 2) the blu ~f impact. The applicant's survey showed slopes as steep as 30-40 percent on the Silver Lake side of the property, but they were near the lake and adjacent to the southerly lot line. Existing grades where the proposed building pad «~as shown were approximately 23 percent. Due to the width of the property, a driveway could be constructed within the City's eight percent maximum grade requirement. The bluff Zinc (or the site appeared to be at the 950 elevation, well east of the proposed building pad. Nielsen then explained that even though several large deciduous trees would likely be removed for construction, the lot was substantially wooded and site alteration was minimized by the applicant being able to take advantage of the average setback provision in the City Code. Nielsen stated the Planning Commission unanimously recommended approval of the minor subdivision subject to the conditions listed in the resolution. Turgeon moved, Callies seconded, Adopting RESOLUTION NO. 07-083, "A Resolution Approving Subdivision of Real Property for Mike McCarthy, 5770 Ridge Road." Motion passed 5/0. C. P.U.D. Amendment Applicant: Boulder Bridge Association Location: Outlot C, Boulder Bridge Director Nielsen explained the Boulder Bridge Homeowner's Association had submitted an application for a text amendment to the development agreement for the Boulder Bridge Farm Planned Unit SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 5 of 11 Development (P.U.D.). The Association asked for a reduction in the rear yard setback requirement from 50 feet to 30 feet for specified lots within the P.U:D. Boulder Bridge Farm was platted and developed in the late 1970's and early t980's. With regard to the analysis of the case, Nielsen explained the lots affected by the proposed amendment were located at the perimeter of the easterly half of the subdivision and they abutted the common trail system. The trail system was a minimum of 30 feet wide on its south and east legs and 40 feet wide on the north leg. The proposed amendment would reduce the required setback for the affected lots from 50 feet to 30 feet. The City's Zoning Code required that setbacks at the perimeter of P.U.D. must be the same as the underlying zoning district- in this case the R-lA/S, Single-Family Residential zoning district required 50 feet. The proposed amendment, if approved, would still provide rear yard setbacks from the boundaries of the project of 60 feet on the south and east sides of the project and 70 feet along the north boundary; that would amount to setbacks 10-20 feet greater than lots surrounding Boulder Bridge Farm. Nielsen stated the impetus for the request was some of the property owners in Boulder Bridge Farm had wanted to make additional improvements to their properties, but the existing rear yard setback requirement of 50 feet prohibited the improvements. A recent examp[c was when Pat Egan encountered problems with a proposed back yard pool and deck project because of the 50-foot setback requirement. Mr. Egan's house was set back farther from the street (as ~a~erc other houses in Boulder Bridge Farm) than required to create more spacious front yard. Staff ruled out the option of a variance on the property for lack of hardship. Nielsen then stated Staff recommended approti~a] of the request. The Planting Commission unanimously recommended Staff be directed to prepare a resolution amending the rear yard setback requirement for the subject lots in the Boulder Bridge Farm P.U.D. as requested by the Boulder Bridge Homeowners Association Mayor Lizee stated l~Ir. Egan ~~~as present this evening to answer any questions Council may have. Councilmember Wellens stated he was the Council Liaison at the Planning Commission when this request was rcvie~wed. A Iloward's Point Road resident had raised concerns about noise pollution from the pool filtration system. Because the rear yard setback would not exceed the requirement in the City's Code he was not sure there was anything the City could do. Turgeon moved, Woodruff seconded, directing Staff to prepare a draft resolution amending the rear yard setback requirement for the subject lots in Boulder Bridge Farm, as requested by the Boulder Bridge Homeowners Association. Motion passed 5/0. 9. GENERAL/1~EVV BUSINESS A. Approving the 2008 Budgets and Approving the Property Tax Levy Collectible in 2008 Administrator Dawson stated the City held the Truth-in-Taxation public hearing on December 3, 2007, to discuss and receive public comment on the Proposed 2008 budget and tax levy. Council determined that no continuation of the public hearing was necessary and it directed Staff to prepare resolutions to adopt the final budget and tax levy. The proposed budget reflected a great deal of discussion with and direction from Council. There were no rate increases proposed for the enterprise funds. There was no Liquor Operations budget for 2008 due to the sale of the City's liquor operations on December 4, 2007. With SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 6 of 11 regard to the General Fund budget, the proposed levy, as revised, reflected an increase of approximately $215,000, or 4.9 percent. Administrator Dawson then stated Council had been provided with a corrected resolution this evening for consideration. Staff recommended approval of the 2008 Budgets and the property tax levy payable in 2008. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 07-084, "A Resolution Adopting the 2008 Budgets and Approving the 2007 Property Tax Levy Collectible in 2008." Motion passed 5/0. B. Establishing the 2008 Pay Scale and City Insurance Contribution Administrator Dawson stated consistent with Council's discussion end direction, the City's wage and salary charge had been revised to reflect a 3 percent economic adjustment increase for non-union staff in January only and the City's contribution toward the employee insurance was set to a maximum of $756 per month per employee for 2008. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 07-085, "A Resolution Revising the City's Wage and Salary Range Chart for 2008 and Setting the Monthly Employer Contribution Toward the Monthly Insurance Premium for City Employees." Motion passed 5/0. C. Authorizing the Transfer of Funds Administrator Dawson stated the resolution to be considered by Council this evening which authorized the transfer of funds was consistent with Council's discussions and directions. Director Burton stated the 2007 Budget adopted by Council provided for the transfer of monies to and from various funds for capital improvements and other purposes in the 2007 Budgets. During 2008 budget and CIl' work session discussions Council directed that additional transfers be made. The Public Facilities/Office Equipment Fund would be split into a Public Facilities Fund and a Technology Fund ($100,000 would be transferred to the `Technology Fund and the balance would be transferred to the Public Facilities Fund,) `fhe final lease payment for the City's share of the Southshore Community Center would be paid from the 1993 debt service fund and the balance of the debt service fund would be transferred to the Water Debt Service Fund. The Land & Open Space Fund would be closed and its balance transferred~to the Stormwater Management Fund. Woodruff moved, Turgcou seconded, Adopting RESOLUTION NO. 07-086, "A Resolution Authorizing the Transfer of Funds." Motion passed 5/0. D. Approval of the 2007-2011 Capital Improvement Program (CIP) Administrator Dawson stated the Capital Improvement Program (CIl') for 2007 - 2011 which been reviewed and revised by Staff and Council throughout 2007 was before Council this evening for its approval. In response to a comment from Councilmember Turgeon, Administrator Dawson stated the reference in the CIP to a Municipal Water System Project to Power Wash the Southeast Area Water Tower would be corrected to say the Minnewashta Water Tower. SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 7 of 11 Councilmember Woodruff stated the CIP reflected $1.2 million in 2008 for the City Hall renovation project. He anticipated the project would cost $800,000 - $900,000 based on estimates the City had received in late summer. He would prefer to see the costs for the renovation to be less than $900,000. He was willing to leave $1.2 million in the CIP with the understanding that it was not expected that the renovation would cost that amount. Administrator Dawson explained the CIP was a planning guide to help with decision making; it was not a commitment to spend the amount of money as listed. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 07-087, "A Resolution Adopting a Capital Improvement Program for the Years 2007 - 2011." Motion passed S/0. E. City Clerk's License Approvals This item was removed from the consent agenda at Councilmember Woodruft's request. Councilmember Woodruff stated Waste Management, ]nc, continued to pick up refuse regularly on Friday's on Enchanted Island and Shady Island, yet the scheduled pickup day was "Thursday. The problem had been reported to the company at the beginning of 2007 but nothing had changed. He asked Staff to send the company astrongly-worded letter reminding talc company that the scheduled pickup day was Thursday and it was expected to adhere to that schedule. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO` 07-079, "A Resolution Approving Licenses to Retailers to Sell Tobacco Products for Park Square Subway, Inc., 23670 State Highway 7 in Shorewood." Motion passed ~/0. 10. ENGINEERING/PI`13LIC WORKS A. Right ot~-Wa~~ Ordinance Engineer Landini stated he bad distributed a revised draft Right-of--Way Ordinance to Council this evening and a memo describing the changes that were made to the version of the ROW Ordinance that had been disU-ibuted in the. meeting packet. Landini explained the purpose of the Right-of Way Ordinance was to attain better records of infrastructure iii the right-of--way and to provide a better use of the City's right-of--way resources. The proposed amendment to the ROW Ordinance was intended to identify: what authority the City had to permit companies;. how the City could recoup its costs for processing the permit; how the restoration of City streets would be paid fb~ : what the insurance requirements were; and, to establish a requirement for utility companies to aru~uaily register their locations in right-of--ways with the City. Landini stated there were three items related to this topic before Council this evening for its consideration: 1) an ordinance amending City Code Title 900, Chapter 901 related to Right-of--Way; 2) an ordinance amending City Code Section 1301.02, Section "VI. Building, Zoning, Land Use" to add additional related service charges and fees; and 3) a resolution approving publication of the two ordinances by title and summary. Councilmember Woodruff stated he had sent Engineer Landini an email asking five questions regarding the amended ROW Ordinance contained in the meeting packet. He asked Engineer Landini to explain the SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 8 of 11 changes contained in the ROW Ordinance distributed this evening which responded to the questions Woodruff had asked. Engineer Landini explained the changes made to City Code Title 900, Chapter 901 in 901.023 Subd. 3, 901.06 Subd. 1, 901.08 Subd. 2, 901.17 Subd: land 901.19 Subd.l. The changes were detailed in a document titled Right-of--Way Ordinance and Permit Fees dated December 10, 2007, which was on file. In response to another question Councilmember Woodruff had asked, Engineer Landini provided three examples of what the impact of the additional fees would be on a residential property owner. - Fences in the right-of--way had and would need an encroaclunent permit fee of $40, in addition to the $20 fence building permit required for fences. - Pet containment projects and driveways were encroachments «~hich had a $40 fee. - Installation of irrigation systems in the right-oJ~-way had a $20 fee. Councilmember Woodruff stated he was satisfied with the proposed fees. Councilmember Callies stated the fee schedule specified an encroachment permit of $40. She suggested the City educate the residents about the need to obtain an encroachment permit to install such things as an invisible fence; she didn't think most residents were aware of that requirement. Director Brown stated the Staff spent a great deal of time educatv~g the residents that it was their responsibility to repair their items which were located in the right-of--way and damaged by the City. `Councilmember Woodruff thought publishing an informational piece in the Shore Re}~ort would be beneficial. Woodruff moved, Wellens seconded, Approving ORDINANCE NO. 444, "An Ordinance Amending Title 900, Chapter 901 of the Shorewood City Code Relating to Streets and Public Right-Of-Way", Approving OIZDiNANCE NO. 445, "An Ordinance Titled `License, Permit, Service Charges and Miscellaneous Fees", and Adopting RESOLUTION NO. 07-088, "A Resolution Approving Publication of Ordinance No. 444 and Ordinance No. 045 by Title and Summary." Motion passed 5/0. H. Accept Proposal for Professional Services from KLM Engineering for SE Water Tower Rehabilitation This item was removed from the consent agenda at Councilmember Turgeon's request, Councilmember '1~urgron stated one of the reasons she wanted to talk about this item was estimated cost to rehabilitate the Southeast ~11~ea Water Tower was approximately $268,000 and KLM Engineering's proposal cost to prepare specifications for and provide inspection services during the reconditioning of the tower was approximately $38,000. The amount budgeted in the CIP for the project was $270,000. KLM's water tank inspection report identified items that were not included in the estimated rehabilitation cost, She expressed concern that there may not be sufficient funds to cover all project related expenditures. Her greatest concern was regarding additional fees for any antenna related activities which were supposed to be recoverable from the antenna leasee. She wanted to ensue the rehabilitation project was done correctly so the Tower would not have to be rehabilitated for another 15 - 20 years.. Director Brown explained the lettering and logo were not included in the proposal because the engineering consultant did not know how much time it would take if the City's logo had to be created from scratch. The painters had been responsible for it on the West Water Tower. The leases for antenna SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 9 of 11 carriers clearly specified any charges incurred by the City because of the antenna can-ier having equipment installed in an area would be reimbursed by the carrier; Staff was judicious about tracking reimbursable items. It was anticipated that the amount that would be reimbursed from the antenna can-ier would be significant. He noted the City had already issued $300,000 in bonds for the project; therefore, there should be sufficient funds. Director Brown then explained that Staff still had to perform some water system modeling to determine if there would be sufficient water resources during the rehabilitation effort when the Southeast Area Tower would not be functional. After the automated control system for the Amesbury water system was functional, that system could assist in meeting the water demands. Also, Staff had been working on contingency plans with the Cities of Chanhassen and Minnetonka. In response to a question from Councilmember Turgeon, Director Brown stated items (e.g., padlocks and the Cathodic Protection System) which were not included in the estimated rehabilitation cost would be included in the bid specifications should the items be deemed necessary. He stated when the inspection report was written and the estimated rehabilitation cost provided, the construction demand was very high and the pricing reflected that; now that the construction demand had subsided he anticipated the pricing would drop. In response to a question from Councilmember Wellens, Director Brown stated the rehabilitation effort would start around May 1, 2008, and would continue into July; the start date would be weather dependent. Brown then stated the project would be put out for bid in the near future. Councilmember Woodruff suggested the engineering tin~c-and=materials tasks identified in the KLM proposal that could be done in-house should be. Turgeon moved, Callies seconded, accepting the proposal from KLM Engineering for professional services. Motion passed 5/0. C. Authorize E;spenditurc of Funds for Lift Station No. 9 -Fatima Place This item was removed hrom the consent agenda at Councilmember Woodruff's request. Councihncmber Woodruff requested that ~~~hen Staff asked for authorization to spend funds on a project he wanted Staff to identify in the request how the project was to be funded. Director Brown stated this project would be fimded out of the Operating Budget; each year approximately $15,000 was placed in that budget for routine maintenance of the sanitary sewer system. Woodruff moved, Wel3ens moved, authorizing the purchase and installation of a stainless steel trash basked assemble at Lift Station #9 per the proposal from Braun Pump & Controls. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated the meeting scheduled for Southshore Center working group two weeks ago had been cancelled and it had not been rescheduled; the City had closed on the sale of its liquor operations on December 4, 2007; and Council's Appreciation Event was scheduled for December 14, SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 10 of 11 2007. He then stated Staff had participated in two working meetings with the architectural firm hired for the City Hall renovation project and there was another meeting scheduled for December 18. Council would be provided with a project update at its January 14, 2008, work session. He went on to state he did not foresee a need for a special Council meeting before the end of the year to approve verified claims that would have to be paid. Director Nielsen stated the recent deer management effort resulted in 26 deer being removed by the archers and 2 additional deer were removed by vehicles. He thought the effort went very well. There had been one incident which the archers handled very professionally. The archers weremvery professional and conscientious. He would provide Council with a detailed report at a later date. Administrator Dawson conunented that the Three Rivers Park District would do an aerial deer census. Director Burton stated the General Ledger, Payroll, and Accounts Payable components of the new financial system had been installed and the Utility Billing component would be installed in January 2008. Staff would provide a full report at the next Council meeting. Director Brown stated that Northern Water Works hid installed all but 1.2 of the radio read meters it was supposed to have installed; the 12 that were outstanding were because they could not get into those houses. He explained that when the project was bid the City did not have records on all of the old meters indicating their size and type, nor did the City know how many valves would have to be replaced. Based on the dollars that were bonded for the project and the fact that the actual costs were lower than what was anticipated, there were enough funds remaining to replace an additional 100~meters. Brown then stated someone had plowed the entire width of the LRT trail and there was no knowledge of what organization or person did that. The City's practice was to plo«~ only one-half of the width of the trail. Engineer Landini stated the Riley-Purgatory-Bluff Creek Waterslacd District Board of Managers voted to return the permitting responsibilities within the Watershed District to the municipalities. It did agree to a transitionary time period; but it did not provide the municipalities with any funds for those efforts. Staff would prepare a proposal [or Council consideration at a future date. Mayor Lizee thanked the .Public ~yrorks staff for its snowplowing efforts during the recent snowfalls. 13. Mayor & City Couucil Councilmembct- Wellens stated the appellate court case involving the suit against the City by Ron Johnson was scheduled for December 12, 2007; he planned on attending that and he would report back to the Council He thanked Mayor Lizee for sending athank-you letter to the City's former employees of its liquor operations. He stated after the recent two-inch snowfall he had difficulty getting up his street; the City did not plow residential streets if the snowfall was not greater than two inches and he would like to discuss the snowplowing policy at a future meeting. In response to a question from Couneilmember Woodruff, Associate Attorney Mayeron stated the City had received some funds as part of a settlement regarding Ascending Praise Church; the remainder was supposed to be paid by the end of the year. Couneilmember Woodruff stated the tree planted as part of the Gideon Glen wetland dedication had been severely damaged by deer. He suggested Public Works put some type of protection around future plantings. Council could consider replacing the tree in the spring. SHOREWOOD CITY COUNCIL REGULAR MEETING December 10, 2007 Page 11 of 11 Councilmember Turgeon asked that the Councilmembers provide her with their comments on Administrator Dawson's performance by December 21, 2007. She stated they did not have to use the form if they did not want to. Mayor Lizee stated she had participated in a "coffee with the mayor" session on December 8, 2007. Some residents from the west end of the City had attended and asked what was occurring with all of the construction on Smithtown Road in Victoria. 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Rebular Meeting of December 10, at 8:00 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christia~e Lizee, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk PAYABLES APPROVALS For 01/14/2008 Council Meeting ~ ~,, Prepared by ~ ' ~, ~, ,~ Michelle T. N Reviewed by: Date: lC~ f r. Accounting Clerk Bonnie Burton, F i n an ce Director Date: ~- r Approved by: _ _ ~; - ,~-- Date: ~ ~° ~-`-P -- Craig D~~~~son, City Administrator ~ _ ; ~` PAYROLL APPROVALS For 01/14/2008 Council Meeting Prepared b~: -- ~ ~,~ '` Date: ~ f~~ Q M~che ~. e T. Nguy r. Accounting Clerk ! l ., Reviewed by: ~ ~ -~ ~ ~_ Date: ~_ ~ Bonnie Burton. F i ~ ~ <<n ~'e ~ hector a Approved by: _ ~' Date: ' ~ ~.~ Craig D~~vson, amity Administrator CITE' F 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 DATE: January 3, 2008 - TO: Mayor and Council Members FROM: Jean Panchyshyn, Deputy Clerk CC: Craig W. Dawson, City Administrator RE: Setting the Year 2008 Regular Council Meeting Schedule This is a routine organizational item which requires that Council adopt a resolution setting the Year 2008 City Council meeting schedule for the 2nd and 4th Mondays of each month. Should a meeting fall on a holiday, Council should give sufficient notice as to the alternate meeting date. This year, the holiday listed below falls on a regularly scheduled meeting day, and the following alternate date is proposed: Holiday Monday, May 26 -Memorial Day Alternate Meeting_Date Tuesday, May 27 A copy of the proposed resolution is attached. --~ -, ~' = ,`~} ~e ~~ PRINTED ON RECYCLED PAPER - CITY OF SHOREWOOD RESOLUTION NO. 08-001 A RESOLUTION SETTING THE 2008 REGULAR COUNCIL MEETING SCHEDULE FOR THE CITY OF SHOREWOOD WHEREAS, Minnesota Statutes require that council must keep a schedule of its regular meetings on file at its primary office; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: For the Year 2008, the Regular City Council meetings will be scheduled on the 2nd and 4th Mondays of each month and shall be held in the Council Chamber of the Shorewood City Hall. Should a Regular City Council meeting fall on a holiday, the Council will give sufficient notice as to the alternate date for the meeting. For 2008, the holiday that falls on a regularly scheduled Council meeting day will be held on the following alternate date: Holiday Alternate Meeting Date Monday, May 26 -Memorial Day Tuesday, May 27, 2008 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of January, 2008. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk MEMORANDUM DATE: January 9, 2007 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk CC: Craig W. Dawson, City Administrator/Clerk RE: 2008 License Renewals for Refuse Haulers and Tree Trimmers For Council information, the attached list of Garbage Hauler and Tree Trimmer and license requests have been received at the City and reviewed for completeness. As all license fees and requirements have been met, licenses have been issued to the Licensees listed. ®m w«0 PRINTED ON RECYCLED PAPER City of Shorewood - 2008 License Approvals City License No. Licensee Address C TREE TRIMMER LICENSES 08-23 1'hc Trcc and Stump Co. Inc. 13677 Dan Patch Drive Savage, MN 08-27 Aaspen Tree Service 970 Wayzata Blvd. Wayzata, MN GARBAGE HAU LER LICENSES 08-24 Veit Container Corp. dba 14000 Veit Place Kogers, MN Veit Disposal Systems 08-25 Ray Anderson and Sons, Inc. 930 Duluth Street St. Paul, MN 08-26 Waste Technology, Inc. 8424 Noble Road Brooklyn Park, MN 08-28 Waconia Roll-off Service P.O. Box 196 Waconia, MN CITY ~ 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 DATE: January 7, 2008 TO: Mayor and Council Members Jean Panch sh n De ut Clerk FROM: y y , p y CC: Craig W. Dawson, City Administrator RE: A Motion to Adopt a Resolution Extending the Electronic Parcel Database (EPDB) License Agreement with Hennepin County for the Year 2008 The City of Shorewood entered into Agreement No. A13010 with Hennepin County in June of 2000 for electronic parcel data for the purpose of obtaining Shorewood parcel map data from Hennepin County. A copy of this Agreement is available in the City Clerk's office. Each year this Agreement must be renewed. Staff has prepared a resolution which extends this Agreement for the Year 2008. Staff recommends extension of this License Agreement in order to continue to receive updated parcel map data from the County in the year 2008. Council Action Approval of the resolution extending the Electronic Parcel Database License Agreement with Hennepin County for the Year 2008. 5 , .,.' is ~®~0 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO.08- A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXTEND THE EPDB CONDITIONAL USE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR THE YEAR 2008 WHEREAS, the City of Shorewood (City) has a desire to use electronic parcel specific data from Hennepin County (County); and WHEREAS, in order for the City to use the desired information, the City must renew their EPDB Conditional Use License Agreement with the County, establishing criteria for use of such data; NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and City Administrator to extend the EPDB Conditional Use License Agreement with Hennepin County for the year 2008. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of January, 2008. ATTRRT~ Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk CIrI"~' ~ 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 ~',I DATE: January 10, 2008 SUBJECT: Out-of--State Travel Policy for City Council In 2005 the Legislature acted to require that beginning in 2006, the governing body of each local government must have a policy that controls travel outside of Minnesota for the applicable elected officials. The policy must be voted on for initial adoption, and then reviewed .annually. The policy must specify: 1) when travel outside the state is appropriate, 2) applicable expense limits, and 3) procedures for approval of the travel. Council adopted Resolution 06-004 (attached) stating its policy in 2006. It was developed on the basis that at least within recent history, members of Shorewood City Councils have hardly ever traveled outside of Minnesota on City business or for training and development opportunities for their roles as councilmembers. The City Council has neither encouraged .nor discouraged out-of--state travel related to City business for its members. Annual budgets for the City Council have included funds under "travel, conferences, and schools" so that all councilmembers may attend functions and conferences throughout Minnesota. City Council Action: Placement of this item on the City Council agenda fulfills the requirement for annual review by the Council. No action is required unless the City Council wishes to make amendments to the policy. ~- .. s®«® PRINTED ON RECYCLED PAPER ~"~ CITY OF SHOREWOOD RESOLUTION NO. 06 - 004 A RESOLUTION ESTABLISHING A POLICY FOR OUT-OF-STATE TRAVEL BY MEMBERS OF THE CITY COUNCIL WHEREAS, an Act by the Minnesota Legislature in 2005 imposes an obligation on cities to establish an official travel policy for elected officials; and WHEREAS, the policy must address: (1) when travel outside the state is appropriate; (2) applicable expense limits; and (3) procedures for approval of the travel; and further must be reviewed and voted upon annually by the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the following policy for out-of--state travel for members of the City Council is hereby established: Pu ose: The City of Shorewood recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events, and other assignments. This policy sets forth the conditions under which out-of--state travel will be reimbursed by the City. General Guidelines: 1. The event; workshop, conference, or assigi~rnent must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of--state travel request, the Council will consider the following: • Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the mayor or council member. • Whether the elected official will be meeting and working with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • Whether the elected official will be viewing a facility or function that is similar in nature to one that is currently operating at, or under consideration by, the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. • Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship, such as a "sister city" relationship. • Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or otherwise to meet with federal officials on behalf of the City. • Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The City may make payments in advance for airfare, lodging, and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs as follows: a) Airfare will be reimbursed at the coach rate. b} Mileage will be reimbursed at the IRS rate. If two or more council members travel by car, only the driver will receive reimbursement. The City will reimburse for the cost of renting an automobile if necessary to conduct City business. c) Lodging and meal costs are limited to those which are reasonable and necessary. d) Receipts are required for lodging, airfare, parking, and meals and should accompany an expense report form. It is not necessary to have receipts for public transportation, cabs and tips. The expense report shall be submitted to the City Clerk or Finance Department for payment. e) The City will not reimburse for alcoholic beverages, personal telephone calls, costs associated with the attendance of a family member, rental of luxury vehicles, meal expenses included in the cost of registration, or recreational expenses such as golf or tennis. 5. Exceptions to this policy can be made by majority vote of the City Council. 6. This policy shall be reviewed by the City Council at its first meeting in January of each year, and amendments to the policy must be made by Resolution of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREW OD this 9th day of January, 2006. Attest: Woody Love, Mayor CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING AN AMENDMENT TO THE BOULDER BRIDGE FARM DEVELOPMENT CONTRACT WHEREAS, an Agreement was made and entered into on the 17th day of December, 1980, by and between the City of Shorewood, a Mimnesota nnmicipal corporation (the City) and Boulder Bridge Farm, Inc., a Minnesota corporation, for the development of certain lands into single-family dwelling sites as a "planned unit residential development"; and WHEREAS, the Agreement was based upon the development ofsingle-family residential lots subject to R-lA/S, Single-Family Residential/Shoreland (previously designated as R-1) zoning standards; and WHEREAS, representatives of the Boulder Bridge Farnl Homeowner's Association (Applicants) have an interest in certain real properties in the City of Shorewood, legally described as: "Lots 3-5 , 10-16 and 19, Block 1 , Boulder Bridge Second Addition, Hennepin County, Minnesota"; and WHEREAS, the Applicants have applied to the City for an amendment to the Agreement that would allow a reduction in the rear yard setbacks for certain lots within Boulder Bridge Fartn; and WHEREAS, the Applicants' request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 29 November 2007 , a copy of which is on file at the Shorewood City Hall; and WHEREAS, the application was reviewed by the Plamung Convnission at a regular meeting held on 4 December 2007, the minutes of which meeting are on file at City Ha11; and WHEREAS, the City Council considered the application at its regular meeting on 10 December 2007, at which time the Plaimers memorandum and the Plamung Commission's recommendations were reviewed and comments were heard by the Council from the Applicants and from the City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT The current minimum rear yard setback requirement for Boulder Bridge Farm is 50 feet. ~. 2. Lots 3-5, 10-16 and 19, Block 1, Boulder Bridge Second Addition abut the perimeter trail located on the north, east and south sides of Boulder Bridge Second Addition, which trail is a minimum of 30 feet wide. 3. A reduction in the rear yard setbacks for the subject properties would result in setbacks from the perimeter of the development of 60 feet, 10 feet greater than that required by the Shorewood Zoning Code. CONCLUSIONS 1. Paragraph 2 of the Boulder Bridge Farm Development Contract, dated 17 December, 1980, is hereby amended to include: "The minimum rear yard setback requirement for Lots 3-5, 10-16 and 19, Block 1 Boulder Bridge Second Addition is hereby reduced to 30 feet." 2. The Applicants shall record this resolution, with the Hemlepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resohrtion. 3. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of January 2008. CHRISTINE LIZEE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- CITE' ~ 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 Craig Dawson, City Administrator FROM: James Landini, City Engineer DATE: January 10, 2008 RE: Setting Date for Public Information Meeting Related to Storm Water Pollution Prevention Program As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the permit requires an annual public meeting beheld to discuss the Storm Water Pollution Prevention Program. Staff is recommending that this meeting be held February 25, 2008 at 7 PM, as part of the regular City Council meeting. Staff recommends approval to accept this date and time for the Public Informational Meeting. :~ > I~~ ., ~®«® PRINTED ON RECYCLED PAPER CI'T'Y 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 Craig Dawson, City Administrator FROM: James Landini, City Engineer ~°° DATE: January 9, 2008 RE: Authorize the Expenditure of Funds for purchase of a replacement computer and GIS software Staff has budgeted, as part of the 2008 operating budget, for the purchase of a replacement computer and GIS software. The computer is on a four year replacement schedule. The GIS software is another license of the graphical information system the Planning Department uses. It is called ArcView from ESRI. These items are categorized as capital outlays in the 2008 budget. Both items total approximately $3,600 out of the $18,000 budgeted for capital outlays. Quotes were not obtained due to the software being on the State negotiated Master Purchase Agreement #2000MPA2643 and the computer is from Dell which is the City standard vendor / manufacturer. Recommendation Staff recommends approval of the expenditure of funds from the City Engineer Operating Budget for the replacement computer and GIS software. ~®«® PRINTED ON RECYCLED PAPER ^ ~; ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 880 Blue Gentian Rd Suite 200 St. Paul, MN 551 21-1 596 Phone: 651-454-0600 Fax: 651-454-0705 To expedite your order, please aftach a copy of this quotation to your purchase order. Quote is valid from: 01/09/2008 To: 04/08/2008 Quotation # 20310432 Date: January 9, 2008 Customer # Contract # 2000MPA2643 CITY OF SHOREWOOD PUBLIC WORKS DEPT 5755 COUNTRY CLUB RD EXCELSIOR, MN 55331 ATTENTION: James Landini PHONE: 952-474-3236 FAX: Material Qty Description Unit Price Total 93198 1 ArcView Single Use Unkeyed License 1,224.00 1,224.00 106789 1 ArcView 9.2 Single Use Unkeyed Installation Package 0.00 0.00 Item Total: 1,224.00 Subtotal: 1,224.00 Estimated Shipping & Handling (2 Day Delivery) : 14.18 Contract Pricing Adjust: 0.00 Total (excludes applicable sales tax): $1,238.18 The terms and conditions in this quotation are per the State of Minnesota's Master Purchase Agreement #2000MPA2643. Quoted By: Sam Klimoski, (651) 454-0600 Email: sklimoski@esri.com Account Manager: Sam Klimoski Email: sklimoski@esri.com Acceptance of this quotation is limited to the ESRI license Agreement and the Quotation Terms and Conditions This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 KLIMOSKIS This offer is limited to the terms and conditions incorporated and attached herein. The Dell Online Store: Build Your System http://configure.us.dell.cony/dellstore/print_summary_details~opup.a... ~r, Dell recommends Windows Vista® Business. ~~~~ ~~~~ ~ ~"Cllt~ Starting Price ................................$2,550 ~.,, ~ Ehatant Savings....._.....~.- ..-_._. X415 a~ «, Subtotal . , _ .... . ......... M ' ~ f4 Il~~ !! t, Lease from $57/mo. (48 pmts)1 Estimate Payments ~ Apply I~'_ Discount Details -~aiPreliminary Ship Daie: 1/15/20082 ~ My Selections De[I rec6~ir~ 390 1/9/2008 10:24:08 AM C entral Standard Date Time I Catalog Number 4 Retail 04 Catalog Product Code SKU Id Number /Description Dell Precision Workstation 390: Intel® CoreT"' 2 Duo E6600 324T4 [222-3398] 1 ', (2.40GHz/1066MHz/4MB L2/Dual-core/VT) Operating System: Genuine Windows VistaO VB3E [420-6643] 11 Business, with Media Graphics Card: '; 128M8 PCIe x16 nVidia Quadro FX550 [320-4763] 6 FX550, Dual VGA or Dual DVI or DVI + VGA Chassis Configuration and 1394: MT [311-6070] 2 Mini-Tower Chassis Conf4guration Memory: 4G8, 667MHz, DDR2 SDRAM 4GE46 [311-5138] 3 Memory, ECC (4 DIMMS) ', CD-ROM, DVD, and Read-Write Devices: 16X DVD+/-RW w/ Cyberlmk DVRW16 [313-4287] 16 PowerDVDT'°' and Roxio CreatorT'' Dell Ed 1 of 3 1/9/2008 10:24 AM The Dell Online Store: Build Your System http: //configure.us.dell. cony/dellstore/print_sunmlary_details~opup. a... Hard Drive Configuration: C1 All SATA drives, Non-RAID, SATA1 [341-3628] 9 1 drive total configuration Boot Hard Drive: 80GB SATA 3.OGb/s with NCO 80ST [341-3646] 8 and 8MB DataBurst Caches^' Monitors: Dell 22 inch E228FP E228FPW [320-5204] 5 Widescreen Flat Panel, Analog Labels: VPREM [310-8642] 750 Windows VistaT~^ Premium System Accessories: ', Logitech MX 3200 Laser 725107 [A0725107] 1460 Cordless Desktop Bundle Keyboard: USB Entry Quietkey, No Hot U [310-7949] 4 Keys Mouse: Dell USB 2-Button Optical LOB [310-7958] 12 Mouse with Scroll ', Floppy Drive and Media Card ', Reader Options: FD [341-3624] 10 3.5 inch 1.44MB Floppy Drive ', Speakers: ', Dell AS501 PA Sound Bar w/ AS501 PA [313-4029] 18 ', Power Adapter for all Entry Flat Panel Displays Productivity Software: Microsoft0 Office 2007 Small WS27SB [410-1099][420-6713] 22 Business Edition and Adobe ', Acrobat 8.1 S Resource CD: NORCD [313-3673] 21 No Resource CD Hardware Support Services: 3 Year Limited Hardware U3YOS [970-4892][980-1200][984-8427][984-8428] 29 Warranty with Next Business Day On-Site Service Installation Services: NOINSTL [900-9987] 32 No Onsite System Setup Purchase Intent: Purchase is not intended for NOT4SEL [462-4506] 138 resale. Print Pricing, specifications, availability and terms of offers may change without notice, are not transferable and are valid only for new purchases from Dell Small Business for delivery in the 50 United States. Taxes, fees, shipping, handling and any applicable restocking charges extra, vary, and are not subject to discount. The Small Business site and offers contained herein valid only for end users and not for resellers and/or online auctions. Dell cannot be responsible for pricing or other errors, omissions, or consequences of misuse of site and its functions and reserves the right to cancel orders arising from such errors. Offers not necessarily combinable. Discounts cannot be retroactively applied. Orders subject to cancellation by Dell. Software & Accessories and Printers, Displays & Electronics offers do not apply to Recommended Solutions systems in the online system configuration pages (including PowerConnect switches); you must purchase eligible items through the separate Software & Accessories and Printers, Displays & Electronics online stores. Limit 5 systems and 5 discounted or promotional products per customer. In case of customers leasing under this promotion, please note that items leased will be subject to applicable end of lease options or requirements. All sales are subject to Dell's Terms and Conditions of Sale located at http://www.dell.com/terms unless you have a separate agreement with Dell. 2 of 3 1/9/2008 10:24 AM CITY OF SHOREWOOD .5755 COUNTRY CLUB PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, DECEMBER 11, 2007 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Davis convened the meeting at 7:00 p.m. A. Roll Call Present: .Chair Davis; Commissioners Young, Norman, and :Quinlan; Public Works Director Brown Absent: Commissioners Trent and Hensley;' - B. Review Agenda Item 3C, Commissioner Alegi, and Item 4B, Football Association, were added to the Agenda. Young moved, Norman seconded, approving the .Agenda as amended. Motion passed 4/0. 2. APPROVAL ~~r ~III~UTES A. Park Comanassi®n Meeting Minutes®€ November 13, 2007 Norman aa~oved, Youaag seconded, approving the Minutes of November 13, 2007, as submitted. Motion passed 4/0. 3. REPORT`S A. Report®n Cit3r Council Meeting Brown reported that the' City Council had a number of items on consent December lOrn~ including the approval for the permanent appointment of James Landini as City Engineer; authorization of plans, specs, and estimates for the rehabilitation of the southeast water tower next spring; the approval of the 2008 CIP; and a draft ROW Ordinance for review. In addition, Brown noted that Mayor Lizee reported at a recent Mayor's meeting, the City of Victoria was commended by others for it's off street trail construction plan as part of its Smithtown road reconstruction project which clearly ends at the City of Shorewood. The Mayor was questioned by others in attendance whether Shorewood would attempt to do the same along Smithtown. She explained that the trail issue was highly contested in Shorewood several years ago as part of the Smithtown road reconstruction project; therefore, the trail will stop at the stop sign in Victoria. Brown pointed out that the IV~ayor n ~ ,. ~~~~ ~ -- J ~/ PARK. COMMISSION MINUTES TUESDAY, DECEMBER 11, 2007 PAGE 2 OF 4 hoped that, perhaps, the public would rethink their earlier position given the reception of the work done in Victoria. B. Update on arctic Fever Chair Davis reported that the committee would be meeting one final time, tomorrow evening, before the event itself takes place in order to finalize details for the occasion. Norman pointed out that, although ice fishing is out, there is great programming scheduled with Tonka Bay's Manitou Park, Three Rivers Park District and Excelsior, as well as, Freeman Park in Shorewood. He indicated that he had met ~~. i th a pyrotechnics expert for the fireworks who stated that a good 15-20 minutes show would run about $4,000. Norman mentioned that he was starting to see some promotion for the event and hoped to recruit many volunteers for the big day. C. PAUL ALEGI Brown reported that Commissioner Alegi sent in hi~•`re~ignaton this afternQc~ii. 4. REVIEW PARK PRIORITY' P®LICY Brown presented the Park Priority Polic} _,i~ ~r tne'Cornmission'sreuiew. He explained that the prioritization is done by taking out the field resting times_frst and dividing up the field allocations equally b~ ed_on an equation which allows everyone to compete for field space. Anderson, of CRR, pointed out that, due to the ne~v relationship forged between MCES and the City, the Commission m~iy want to consider their Prioritization for Category 1 facilities. Although field sche~~ulin~~ takes-place in March and early spring, much of the field space is heavily vred;for and monitored throughout the summer. The Commission was impressed with the policy as presented, even several years after its introduction, they felt it to be fair and equitable. Brown pointed out.that in addition to the priority policy equation itself, there is room for adjustments as deemed necessary by staff and CRR in the policy. B. F®®TBAI~L ASS®CIATI®1®1 Brown explained that the Football Association has ignored numerous requests for their finalized rosters and user fees for the 2007 season. As part of the agreement between the City and it's sports organizations, the users are required to supply CRR with their insurance info, rosters, and user fees, typically prior to their scheduled use; however, after many failed attempts to obtain this information, CRR asked the City to intervene. PARK COMMISSION MINUTES TUESDAY, DECEMBER 11, 2007 PAGE 3 OF' 4 Anderson, of CRR, stated that since the advent of this system most sports organizations have cooperated by submitting the required documentation and fees; however, this year, the football association has failed to provide the City with their rosters, which in turn allows the City to balance their statement for the season. Having submitted a check for an estimated number of players at the fall sports information meeting, the Association has refused to supply, or even return phone or email contacts, with regard to the rosters and user fees. Anderson asked for direction from the Commission. At the request of CRR, Brown stated that he had emailed the Association approximately a week ago urging them to, at minimum respond to, and supply the City with.the required documentation within 72 hours. To date, he had heard nothing from the Director or his assistant. Young stated that it is necessary to hold them accountable for this irforlmation so that other organizations do not follow suit. He urged the City to'~ontact the Association again and follow thru with their policy of denying future `access. Chair Davis suggested the City make one final attempt to send>the Associat;i~ ~n a certified letter asking them to submit the final rosters and user f~es`within 72 hours or lose field use for the 2008 Season. She found it odd that the Association was being so difficult with regard to these details this year, especially an,~ight of the fact that the City had finally completed the installation of new lighting, as well as made the drain file and field improvements as requested. Although verbally the oi•gal7izations are made fully aware of the consequences, Norman suggested an addition. to the policy be made in writing which lays out the consequences for not following thru with a sports organizatiaris responsibilities. 5. $ZE~'I~W CA~.Ei~DAR E®~ S~TIVIii~IEl2 E~N'f'S The Commission discussed inserting t~~io skate board camps into its 2008 summer schedule. Norman moved; ~'oung scs®nded, to follow-up with 3rd hair and propose tvvo sessions for Shorewood irfi 2008, June 23-27 and July 28-Aug 1.1Vlotion passed 4/0. Chair Davis suggested the City look into providing scholarship opportunities with MCES and 3`d Lair for the summer programs. She further suggested the Commission look into adding a second Children's Music in the Park series for summer 2008 and consider creating a motto which compliments the `No Child Left Inside' campaign with MCES. 6. 12>~V~EW S'I'A'i'~JS ®F 2007 W® PR®GRA1~~I Brown pointed out that several items on the work program had been completed, including; the Badger Parlc lighting and field improvements/drain file projects; Silverwood Parlcs erosion control improvements; as well as, those already noted as PARK COMMISSION MINUTES TUESDAY, DECEMBER 11, 2007 PAGE 4 OF 4 completed. He acknowledged that the Freeman Park building maintenance and Manor Park shingling were ongoing items that fell more appropriately under maintenance items. Young stated that he would like to see the City nurture its relationship with MCES and watch this flourish and grow in coming years. Brown encouraged the Commission to give thought to its 2008 Work Program goals. He suggested they focus on achievable goals such as nurturing the relationship with MCES and others to increase the use of our parks. Brown added that both Park Secretary Grout and Communications Specialist Julie Moore have been training on and looking into locating grant opportunities and writing grant applications. Norman asked when the rinks would be available. Brown stated that the rinks are being. groomed and .will be `open this coming ~~~ cckend. The Commission agreed to hold their 2008 goal settinb'wor': session after their February regular meeting. 7. ADJ®IJRN Young moved, Norman seco~Ided, adjourni~ag'the I~eceB~iroer 11, 2007, Park Commission Meeting ~t 8:02p`.m. Motion passed 4/0. Sa~~SPEt.~l` VL~Y ~dl~Ml~'~~~y ~rlSti ~. 1~&1C~er5tPi4 - Recorder RITZ' 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 DATE: January 7, 2008 TO: Mayor and Council Members FROM: Craig W. Dawson, City Administrator/Clerk ~ RE: Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2008 This item requires Council make a motion to adopt a resolution making the Year 2008 appointments to certain offices and positions within the city. Attached is a Draft Resolution making Year 2008 appointments. The following identifies the Year 2007 appointments: Acting Mayor: Laura Turgeon Council Representatives to: a. Park Commission Liaison: January -June 2007 Richard Woodruff July -December 2007 Laura Turgeon b. Planning Commission Liaison January -June 2007 Paula Cailies July -December 2007 Martin Wellens c. Minnehaha Creek Watershed District Liaison: Martin Wellens d. Riley Purgatory Bluff Creek Watershed District Liaison: Martin Wellens e. Lake Minnetonka Cable Commission: Richard Woodruff f. Metro Cities (AMM) Paula Callies g. Alternate Metro Cities (AMM) : Crai W. Dawson t : PRINTED ON RECYCLED PAPER ®Is ~_ l h. Coordinating Committee South Lake Minnetonka Police Department: Mayor i. Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Acting Mayor j. Excelsior Fire District Board Member: Christine Lizee k. Alternate Excelsior Fire District Board Member: Paula Callies City Attorney: Tim Keane, Leonard, Street and Deinard City Prosecutor: Ken Potts Emergency Preparedness Director: SLMPD Police Chief Bryan Litsey Official Depositories: Beacon Bank 4M Fund & other Depositories as necessary Official Newspaper: Sun Sailor. Notices may also be published in the Laker. Weed Inspector: M Assistant Weed Inspector: Joe Lugowski 2. That the Blanket Bond (Official Bonds) is approved. CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 2008 WHEREAS, it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the following persons are appointed to the following offices and positions until the 2008 City Council organizational meeting: Acting Mayor: Council Representatives to: a. Park Commission Liaison: January -June 2008 July -December 2008 b. Planning Commission Liaison January -June 2008 July -December 2008 c. Minnehaha Creek Watershed District Liaison: d. Riley Purgatory Bluff Creek Watershed District Liaison: e. Lake Minnetonka Cable Commission: f. Metro Cities (AMM) g~ h. J• k. Alternate Metro Cities (AMM) :Cram W. Dawson Coordinating Committee South Lake Minnetonka Police Department: Manor Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Acting_Mayor Excelsior Fire District Board Member: Alternate Excelsior Fire District Board Member: City Attorney: Tim Keane, Leonard, Street and Deinard City Prosecutor: Ken Potts Emergency Preparedness Director: SLMPD Police Chief Bryan Litse~ Official Depositories: Beacon Bank 4M Fund & other Depositories as necessary Official Newspaper: Sun Sailor. Notices may also be published in the Laker. Weed Inspector: Maw Assistant Weed Inspector: Joe Lu owski 2. That the Blanket Bond (Official Bonds) is approved. 3. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of January, 2008. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk ~~1 ~' 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: January 10, 2008 SUBJECT: Second Amendment to the Joint Powers Agreement of the Excelsior Fire District The Board of the Excelsior Fire District has recommended that four sections of the JPA be amended. These amendments would provide updates on matters that are included by reference in the JPA and improve the financial management of the District. In Section 5.2, relating to the responsibilities of the Fire Marshal, the reference to the "Uniform Fire Code" would be updated to the "Minnesota State Fire Code". In Section 6.1, relating to the obligation of the Member Cities to adopt the Fire Code, the reference to the "Uniform Fire Code" would be updated to the "Minnesota State Fire Code". Additionally, the JPA as originally approved required the Member Cities to adopt "Appendix E", relating to building sprinkler systems. This provision in the Fire Code is now "Chapter 1306". In Section 7.2, relating to the payment schedule from the Member Cities, the dates would be moved up to the 15t" day of the first. month of each quarter, rather than the 1St day of the second month of each quarter. This is preferred to assure that the funds will be available for timely payment of the building leases and equipment leases, which are due on February 1 and August 1. All of the cities' finance directors have indicated that the new dates would not present .cash-flow issues. In Section 8.1, relating to the approval of the Capital Improvement Program, the date for approval of the CIP by at least four-fifths of the councils of the Member Cities would be moved back from April 15 to July 15. The District has a long history of difficulty in meeting the April 15 date. By moving the date back to July 15, the CIP would be reviewed more timely with the District's operating budget, which must be approved by a majority of the councils of the Member Cities by September 1. RECOMMENDATION: Staff recommends that the Council approve the Second Amendment to the Joint Powers Agreement of the Excelsior Fire District, and authorize the Mayor and City Administrator to execute the amendment document. ~. ~~ PRINTED ON RECYCLED PAPER i.. CITY OF SHOREWOOD RESOLUTION NO. 08 - A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT Whereas, the City of Shorewood is a Member of the Excelsior Fire District (EFD), which was established by a joint powers agreement (JPA) signed on August 29, 2000; and Whereas, the JPA has provisions establishing a payment schedule from Member Cities to the EFD, schedule for approval of the capital improvement program and operating budget, and language pertaining to the adoption of the Fire Code; and Whereas, the Board of the Excelsior Fire District has recommended approval of the Second Amendment to the Joint Powers Agreement, relating to Sections 5.2, 6.1, 7.2, and 8.1, which will establish a more timely payment schedule from Member Cities to the District, develop a more cohesive budget process by joining more closely the consideration of both the capital improvement program and operating budget, and update the language pertaining to the adoption of the Fire Code; and Whereas, the Amendment to the Agreement will take effect only if approved by the councils of each of the five Member cities of the EFD; and Whereas, the Council of the City of Shorewood is committed to viability and success of the Excelsior Fire District, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Shorewood, that it hereby approves the Second Amendment to the Excelsior Fire District Joint Powers Agreement, and authorizes the Mayor and City Administrator to execute the Second Amendment. Adopted this 14t~' day of January, 2008. Christine Lizee, Mayor Attest: Craig W. Dawson, City Administrator/Clerk SECOND AMENDMENT TO EXCELSIOR FIRE DISTRICT JOINT POWERS AGREEMENT This Second Amendment to the Excelsior Fire District Joint Powers Agreement is made and entered into this day of , 200_, by and between the cites of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to the authority conferred upon the parties by Minn. Stat. 471.59. NOW, THEREFORE, BE IT RESOLVED, in consideration. of the mutual covenants and agreements contained herein, it is hereby agreed by and between the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, through their respective City Councils that paragraph 5.2 of the Excelsior Fire District Joint Powers Agreement is amended as follows: 5.2 Fire Marshal. The District may have a position of Fire Marshal, who shall be appointed by the Fire Chief/District Administrator solely on the basis of training, experience, and administrative, and other qualifications. The Fire Marshal's responsibilities will be to enforce the Lr~~~'^N-~ ~~N~ r'^~^ Minnesota State Fire Code and perform other duties that may be assigned by the Fire Chief/District Administrator. The Fire Marshal need not be a "member" of the Excelsior Fire District. Fire Marshal responsibilities may be performed by a contractor who is not an employee of the District; however, the Fire Marshal under the employ of the City of Excelsior on December 31, 2000 shall automatically be appointed as the District's first Fire Marshal with continuation of his/her status as a regular employee including continuation of salary, benefits, accrued leave, and other customary issues of employment. The first Fire Marshal and all subsequent persons filling that position shall serve at the pleasure of the Fire Chief/District Administrator. BE IT FURTHER RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, through their respective City Councils that paragraph 6.1 of the Excelsior Fire District Joint Powers Agreement is amended as follows: 6.1 Adoption of jr~~~'^Nm ~'~r~ r'^~^ Minnesota State Fire Code. All Member Cities agree to adopt the most current rrr~~'^r-~ ~~~-~ r'^~^ Minnesota State Fire Code including ~ „r°,,,a;v ~' ~~-^^,,;,.;,,,~ ~.,,;',a;,,,~ ° ~'°'^N ° ~°*~-~°' Minnesota State Building Code, Chapter 1306 and authorize the District to enforce said jr~~~'^Nm ~'~r~ r'^~'^ Minnesota State Fire Code in their cities within ninety (90) days of execution of this Agreement. Any city not so adopting shall be considered in default of this Agreement as defined in Section 2.10 unless said City agrees to indemnify and hold all other cities and the District harmless with regard to any possible circumstance or consequence. All Member Cities further agree that they will approve amendments to their City Codes of Ordinances adopting any updates or revisions to the Minnesota State Fire Code within sixty (60) days of receiving notice from the District that the Irr~~'^---~ ~'~r~ r'^~'~ Minnesota State Fire Code has been amended. Page 1 of 3 BE IT FURTHER RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, through their respective City Councils that paragraph 7.2 of the Excelsior Fire District Joint Powers Agreement is amended as follows: 7.2 Quarterly Payment. The District shall bill each of the Member Cities on a quarterly basis at least thirty (30) days before payments are due. Beginning January 1,'~ 2008, Member Cities shall forward their contributions to the District on a quarterly basis, with such contributions being due and payable no later than: First Quarter: ~ T January IS Second Quarter: April 1 S Third Quarter: ~~g ~-~ July 1 S Fourth Quarter: "T^° ^m''°r' October IS BE IT FURTHER RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, through their respective City Councils that paragraph 8.1 of the Excelsior Fire District Joint Powers Agreement is amended as follows: 8.1 Approval of Capital Improvement Program/Finance Plan. After approval of the District's annual Operating Budget covering the calendar year 2001, the Member City councils shall approve a Capital Improvement Program/Finance Plan by an affirmative vote of a two- thirds majority of the Member City councils. Any proposed amendment to the Capital Improvement Program/Finance Plan shall be approved by an affirmative vote oftwo-thirds majority of the Member City councils no later than tai-1-~~ July IS. The vote on the Capital Improvement Program/Financial Plan or any amendment thereto shall be binding upon all Member Cities. Page 2 of 3 IN WITNESS WHEREOF, the undersigned cities, by action of their governing bodies, have caused this First Amendment to the Excelsior Fire District Joint Powers Agreement to be executed in accordance with the authority of Minn. Stat. § 471.59. CITY OF DEEPHAVEN CITY OF EXCELSIOR By By Its Its Date: ATTEST: 200_ By Its City Administrator CITY OF GREENWOOD By Its Date: , 200_ ATTEST: Date: 200 CITY OF SHOREWOOD By Its Date: , 200_ ATTEST: City Administrator City Administrator CITY OF TONKA BAY By Its Date: , 200_ ATTEST: City Administrator Page 3 of 3 November 16, 2007 Memorandum To: Excelsior Fire District Board From: Dana H. Young, Operating Committee Re: Proposed Amendments to the EFD Joint Powers Agreement The Operating Committee has held discussions on the possibility of amending the EFD Joint Powers Agreement to accomplish several important tasks. The first amendment proposes to establish a more timely payment schedule from Member Cities to the District. The second amendment proposes to develop a more cohesive budget process by more readily allowing for a joint review of both the Capital Improvement Program and Operating Budget. And the third amendment proposes to unify the language pertaining to the adoption of the fire code. Timely Payment Schedule Section 7.2 of the Joint Powers Agreement states that contributions from Member Cities shall be due and payable no later February 1, May 1, August 1 and November 1. These payment dates have caused a cash flow difficulty for the District due to the need to pay annual bond payments on the Facility Lease Bond Payments by January 15`" and July 15t". This cash flow difficulty can be eased substantially by simply amending the JPA to require Member Cities to make their contribution two weeks earlier than the current deadlines: First Quarter: Second Quarter Third Quarter: Fourth Quarter: Current Lanauaae February 1 May 1 August 1 November 1 Amended Lanaua~e January 15 April 15 July 15 October 15 This amendment would greatly benefit the cash flow position of the District with. little inconvenience to the Member Cities. Capital Improvement Program and Ot~eratinet Section 8.1 of the Joint Powers Agreement requires any amendment to the Capital Improvement Program/Finance Plan to be approved by at least four of the five Member Cities no later than April 15t". A number of Council members have voiced concerns that they are being required to act on the Capital Improvement Program without the benefit of reviewing the impact of the Operating Budget. The Budget process could be made a little snore cohesive by allowing the Fire Chief the opportunity to present both the Capital Improvement Program and Operating Budget together, as one cohesive budget. This could be accomplished by simply amending the date for the approval of the Capital Improvement Program from April 15t" to July 25`", giving the Board and member cities the opportunity to more thoroughly review both the Capital Equipment Plan and the Operating Budget. Fire Code Sections 5.2 and 6.1 of the Joint Powers Agreement reference the Uniform Fire Code. Section 5.2 specifically as it relates to the Fire Marshal position and Section 6.1 requires all member cities agree to adopt the most current Uniform Fire Code including Appendix E (requiring building sprinkler systems) and authorizes the District to enforce said Uniform Fire Code in their cities. While reviewing the Joint Powers Agreement we discovered the verbiage used at the time of its creation is now outdated and will need to be amended to correspond with the current verbiage used in the 2006 Minnesota State Fire Code and the 2006 International Building Code. The changes could be made by replacing all references to the Uniform Fire Code with Minnesota State Fire Code and replacing all references to Appendix E with Minnesota State Building Code, Chapter 1306.