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01-14-13 CC Regular Mtg AgendaP C. B. A. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 14, 2013 7:00 P.M. AGENDA Attachments 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Hotvet ___ Siakel ___ Sundberg ___ Woodruff ___ B. Review Agenda 2. APPROVAL OF MINUTES (There are no minutes for consideration this evening) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda A. Approval of the Verified Claims List Claims List B. Setting a joint meeting with the Park Commission on February 11, 2013 at Deputy Clerk’s 6:00 PM memo 4. MATTERS FROM THE FLOOR (No Council action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Report by Mark Sylvester on Lake Minnetonka Conservation District activities 7. PARKS A. Report on the January 8, 2013 Park Commission meeting Minutes 8. PLANNING A. Final Plat - Ashland Woods Planning Director’s Applicant: Ashland Woods LLC memo, Resolution Location: Strawberry Lane CITY COUNCIL REGULAR MEETING AGENDA – January 14, 2013 Page 2 of 2 Attachments 9. ENGINEERING/PUBLIC WORKS A. City of Shorewood/Excelsior Watermain Interconnection Engineer’s memo B. Metropolitan Council Force Main Cooperative Project Update Engineer’s memo 10. GENERAL/NEW BUSINESS A. Lake Minnetonka Communications Commission Board Representative Deputy Clerk’s Appointment memo, Resolution B. Appointments to Certain Offices and Positions within the City of Shorewood Deputy Clerk’s for the Year 2013 memo, Resolution C. Call for Sale of the Series 2013A GO Water Revenue Refunding Bonds Finance Director’s memo, Resolution 11. OLD BUSINESS A. Mayor’s Update on the Investigation of Senior Commissions B. Ordinance Regulating the Use of Coal-Tar Driveway Sealants Director of Public Works’ memo, Ordinance, Resolution 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff B. Mayor and City Council 13. ADJOURN CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 14 January, 2013 7:00 p.m. 6:15 p.m. - Council will gather in the Council Chambers for a Council Photo; 6:30 p.m. - Council will interview candidates for the Lake Minnetonka Communications Commission Board Representative Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This item sets a Joint Work Session with the Park Commission and City Council for Monday, February 11 at 6:00 PM. Agenda Item #5A: There are no public hearings this evening. Agenda Item #6A: Mark Sylvester, the Lake Minnetonka Conservation District (LMCD) representative will provide a report on recent LMCD activities. Agenda Item #7A: Park Commissioner Nick Swaggert will report on the recent Park Commission meeting. Agenda Item #8A: Ashland Woods LLC has requested final plat approval for a seven-lot subdivision located on the east side of Strawberry Lane, just south of the LRT Trail. The preliminary plat was approved in September and included a requirement establishing a homeowners association, the primary purpose of which is to maintain the drainage facilities within the plat. Language to that effect is included in the Declaration of Covenants attached to the draft resolution. Approval is recommended subject to any editing recommended by the City Attorney. Agenda Item #9A: This item provides an update and recommendation on the City of Shorewood/Excelsior Watermain Interconnection project. Agenda Item #9B: This item provides an update and recommendation on the Metropolitan Council Force Main Cooperative Projects, and the city projects identified for inclusion in this project. Agenda Item #10A: Consideration of a City Representative appointment to the Lake Minnetonka Communications Commission Board. Executive Summary – City Council Meeting of January 14, 2013 Page 2 of 2 Agenda Item #10B: Consideration of an appointment to serve as Alternate to Lake Minnetonka Communications Commission for 2013. Agenda Item #10C: Consideration of a call for sale to refund the 2005A & 2006A bond issues for purposes of interest rate savings. Agenda Item #11A: Mayor Zerby will provide a verbal update on the Investigation of Senior Commissions. Agenda Item #11B: This item has been presented previously for consideration. During the last presentation of this ordinance, the City Council raised concerns about the wording between ”Asphalt based sealers” and “Undiluted coal tar sealers.” Staff has revised the ordinance and is recommending approval. COUNCIL ACTION FORM Department Council Meeting Item Number Finance January 14, 2013 3A Item Description: Verified Claims From: Michelle Nguyen Bruce DeJong Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 53881 through 53939 totaling $217,124.09. Staff Recommendation Staff recommends approval of the claims list. 1/10/2013 11:35 AM A/P HISTORY CHECK REPORT PAGE: 1 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 1/01/2013 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 01365 ALLDATA R 1/14/2013 053881 1,603.12 29306 ALLIED WASTE SERVICES #894 R 1/14/2013 053882 13,741.20 16275 AMERICAN MESSAGING R 1/14/2013 053883 6.39 01801 AMERICAN PLANNING ASSOC. R 1/14/2013 053884 453.00 29379 ANDERBERG, WAYNE R 1/14/2013 053885 50.00 29412 BUDGET PRINTING AND AWARDS R 1/14/2013 053886 23.04 04050 CARGILL DEICING TECHNOLOGY R 1/14/2013 053887 10,247.83 29406 CARTÊGRAPH SYSTEMS, INC. R 1/14/2013 053888 1,541.00 17300 CENTERPOINT ENERGY R 1/14/2013 053889 1,417.37 26100 CENTURY LINK R 1/14/2013 053890 328.29 07600 CITY OF EXCELSIOR R 1/14/2013 053891 4,506.46 17400 CITY OF MINNETONKA R 1/14/2013 053892 195.64 24600 CITY OF TONKA BAY R 1/14/2013 053893 1,063.26 29283 CONSTANT CONTACT, INC. R 1/14/2013 053894 612.00 05875 CUB FOODS - SHOREWOOD R 1/14/2013 053895 312.02 05885 CULLIGAN BOTTLED WATER R 1/14/2013 053896 75.46 06560 DELEGARD TOOL COMPANY R 1/14/2013 053897 180.17 29271 DREW KRIESEL R 1/14/2013 053898 1,335.79 07265 ESRI, INC. R 1/14/2013 053899 405.00 29322 EXCELSIOR FLORIST R 1/14/2013 053900 117.73 29387 FASCHING, GREGORY R 1/14/2013 053901 230.76 08712 G & K SERVICES R 1/14/2013 053902 1,431.61 1/10/2013 11:35 AM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 1/01/2013 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 09501 GOVT FINANCE OFFICERS ASSOCIAT R 1/14/2013 053903 50.00 06654 HENN CTY HUMAN SVC DEPT PUBLIC R 1/14/2013 053904 706.00 29478 KERSTING JOEL R 1/14/2013 053905 1,000.00 81115 LAKESHORE WEEKLY NEWS R 1/14/2013 053906 500.00 29477 LARSON CINDY R 1/14/2013 053907 75.00 13300 LEAGUE OF MINNESOTA CITIES R 1/14/2013 053908 598.00 13302 LEAGUE OF MINNESOTA CITIES IN R 1/14/2013 053909 41,618.00 21340 LOCAL LINK R 1/14/2013 053910 69.95 15050 MEDIACOM R 1/14/2013 053911 69.95 00079 MEDICA R 1/14/2013 053912 17,267.68 15501 METRO COUNCIL ENV.(SAC) R 1/14/2013 053913 11,706.75 29459 MIDWEST GOVERNMENT ADVISORS R 1/14/2013 053914 7,200.00 29475 MIDWEST SKIJORERS R 1/14/2013 053915 400.00 17020 MN STATE PATROL R 1/14/2013 053916 20.00 15900 OFFICE DEPOT R 1/14/2013 053917 109.47 29457 OMEGA INDUSTRIES R 1/14/2013 053918 454.17 15000 PAETEC R 1/14/2013 053919 535.82 20500 PETTY CASH R 1/14/2013 053920 6.23 1350 PRUDENTIAL GROUP INSURANCE R 1/14/2013 053921 696.81 29476 ROEPKE GRACE R 1/14/2013 053922 100.00 29427 SHRED-N-GO, INC. R 1/14/2013 053923 34.00 07651 SOUTH LAKE-EXCELSIOR CHAMBER O R 1/14/2013 053924 202.00 1/10/2013 11:35 AM A/P HISTORY CHECK REPORT PAGE: 3 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 1/01/2013 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 29479 SOUTHWEST POWER EQUIPMENT R 1/14/2013 053925 80.29 17050 STATE OF MN-MN DEPT OF HEALTH R 1/14/2013 053926 2,124.00 1 SUPERSCOPE TECHNOLOGIES, INC R 1/14/2013 053927 225.00 23840 THIES, A. KENNETH R 1/14/2013 053928 950.00 29142 THREE RIVERS PARK DISTRICT R 1/14/2013 053929 360.00 23726 TKDA ENGINEERS ARCHITECTS PLAN R 1/14/2013 053930 1,410.63 25000 TOTAL PRINTING SERVICES R 1/14/2013 053931 1,261.81 25050 TOWER, TERRY R 1/14/2013 053932 250.00 29138 TYLER TECHNOLOGIES R 1/14/2013 053933 10,644.21 70200 VERIZON WIRELESS R 1/14/2013 053934 216.19 29300 VIKING AUTOMATIC SPRINKLER CO. R 1/14/2013 053935 384.00 29413 VOYAGER FLEET SYSTEMS, INC. R 1/14/2013 053936 3,788.50 27190 WACONIA FARM SUPPLY R 1/14/2013 053937 120.21 83900 WASTE MANAGEMENT OF WI-MN R 1/14/2013 053938 598.96 26112 WEST - THOMSON REUTERS R 1/14/2013 053939 249.48 00085 MINNESOTA LIFE E 1/14/2013 999999 338.69 03325 BOYER TRUCKS PARTS DISTRIBUTIO E 1/14/2013 999999 64.48 06572 DELTA DENTAL OF MINNESOTA D 1/01/2013 999999 531.23 07900 HAWKINS, INC. E 1/14/2013 999999 105.00 09400 GOPHER STATE ONE CALL E 1/14/2013 999999 60.90 13525 LINK, CLARE T. E 1/14/2013 999999 220.00 15500 METRO COUNCIL ENVMT(WASTEWATER E 1/14/2013 999999 44,115.52 1/10/2013 11:35 AM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 1/01/2013 THRU 99/99/9999 CHECK INVOICE CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 15885 MIDWEST MAILING SYSTEMS, INC. E 1/03/2013 999999 1,647.82 15885 MIDWEST MAILING SYSTEMS, INC. E 1/14/2013 999999 353.30 18500 WM. MUELLER & SONS, INC. E 1/14/2013 999999 2,285.76 20950 KENNETH N. POTTS, P.A. E 1/14/2013 999999 2,291.66 22820 CITY OF SHOREWOOD E 1/14/2013 999999 135.24 22901 VIKING LAND TREE CARE, INC. E 1/14/2013 999999 2,038.23 24450 TOLL GAS & WELDING E 1/14/2013 999999 119.87 28451 WSB AND ASSOCIATES, INC. E 1/14/2013 999999 13,239.00 29248 EMERGENCY AUTOMOTIVE TECHNOLOG E 1/14/2013 999999 160.19 29264 H & L MESABI COMPANY E 1/14/2013 999999 645.19 29269 WARNER CONNECT E 1/14/2013 999999 2,800.00 29460 BLUE-TARP FINANCIAL, INC. E 1/14/2013 999999 11.76 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 59 145,960.25 0.00 145,960.25 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 1 531.23 0.00 531.23 EFT: 18 70,632.61 0.00 70,632.61 NON CHECKS: 0 0.00 0.00 0.00 VOID CHECKS: 0 VOID DEBITS 0.00 VOID CREDITS 0.00 0.00 0.00 TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTALS: 78 217,124.09 0.00 217,124.09 BANK: 1 TOTALS: 78 217,124.09 0.00 217,124.09 REPORT TOTALS: 78 217,124.09 0.00 217,124.09 01-10-2013 11:33 AM C O U N C I L REPORT BY VENDOR- JANUARY 14, 2013 PAGE: 1 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ ALLDATA 1/14/13 2013 RENEWAL-BRAD MASON General Fund Public Works 1,603.12_ TOTAL: 1,603.12 ALLIED WASTE SERVICES #894 1/14/13 MONTHLY RECYCLING SVCS Recycling Utility Recycling 13,741.20_ TOTAL: 13,741.20 AMERICAN MESSAGING 1/14/13 612-534-3975 & 612-818-591 General Fund Public Works 3.19 1/14/13 612-534-3975 & 612-818-591 Water Utility Water 1.60 1/14/13 612-534-3975 & 612-818-591 Sanitary Sewer Uti Sewer 1.60_ TOTAL: 6.39 AMERICAN PLANNING ASSOC. 1/14/13 APA MEMBERSHIP CATEGORY F General Fund Planning 260.00 1/14/13 MINNESOTA CHAPTER General Fund Planning 50.00 1/14/13 JOURNAL OF THE APA General Fund Planning 48.00 1/14/13 ZONING PRACTICE General Fund Planning 95.00_ TOTAL: 453.00 ANDERBERG, WAYNE 1/14/13 SNOW SHOVELING 12/9-10 Southshore Communi Senior Community Cente 50.00_ TOTAL: 50.00 BLUE-TARP FINANCIAL, INC. 1/14/13 HYD. FITTINGS General Fund Public Works 11.76_ TOTAL: 11.76 BOYER TRUCKS PARTS DISTRIBUTION CENTER 1/14/13 FUEL LIME SVC KIT General Fund Public Works 44.19 1/14/13 LAMP General Fund Public Works 20.29_ TOTAL: 64.48 BUDGET PRINTING AND AWARDS 1/14/13 DESK PLATES General Fund Council 23.04_ TOTAL: 23.04 CARGILL DEICING TECHNOLOGY 1/14/13 DE ICER General Fund Ice & Snow Removal 6,139.63 1/14/13 DE ICER General Fund Ice & Snow Removal 4,108.20_ TOTAL: 10,247.83 CARTÊGRAPH SYSTEMS, INC. 1/14/13 CARTE LITE MAINT General Fund City Engineer 1,541.00_ TOTAL: 1,541.00 CENTERPOINT ENERGY 1/14/13 5755 CTRY CLUB RD General Fund Municipal Buildings 198.27 1/14/13 24200 SMITHTOWN RD General Fund Public Works 498.75 1/14/13 5745 CTRY CLB RD & 25200 H General Fund Park Maintenance 222.76 1/14/13 20630 MANOR RD-WARMING HOU General Fund Park Maintenance 37.70 1/14/13 5735 COUNTRY CLUB RD - SSC Southshore Communi Senior Community Cente 185.95 1/14/13 20405 KNIGHTSBRIDGE RD Water Utility Water 76.97 1/14/13 28125 BOULDER BRIDGE DR Water Utility Water 196.97_ TOTAL: 1,417.37 CENTURY LINK 1/14/13 952-470-6340 General Fund Municipal Buildings 121.40 1/14/13 952-470-2294 General Fund Public Works 57.67 1/14/13 952-470-9605 Water Utility Water 74.61 1/14/13 952-470-9606 Water Utility Water 74.61_ TOTAL: 328.29 CITY OF EXCELSIOR 1/14/13 4TH QTR WATER CONNECT Water Utility Water 4,506.46_ TOTAL: 4,506.46 CITY OF MINNETONKA 1/14/13 5366 VINE HILL RD Water Utility Water 86.02 01-10-2013 11:33 AM C O U N C I L REPORT BY VENDOR- JANUARY 14, 2013 PAGE: 2 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ 1/14/13 5350 VINE HILL RD Water Utility Water 67.76 1/14/13 5490 VINE HILL RD Water Utility Water 41.86_ TOTAL: 195.64 CITY OF SHOREWOOD 1/14/13 SSCC - UTILITY PAYMENT Southshore Communi Senior Community Cente 135.24_ TOTAL: 135.24 CITY OF TONKA BAY 1/14/13 WATER Water Utility Water 685.26 1/14/13 SEWER Sanitary Sewer Uti Sewer 378.00_ TOTAL: 1,063.26 CONSTANT CONTACT, INC. 1/14/13 SHWD EMAIL MKTG General Fund Municipal Buildings 459.00 1/14/13 EMAIL MARKETING Southshore Communi Senior Community Cente 153.00_ TOTAL: 612.00 CUB FOODS - SHOREWOOD 1/14/13 HONOR MAYOR EVENT General Fund Administration 56.92 1/14/13 HONOR MAYOR EVENT General Fund Administration 255.10_ TOTAL: 312.02 CULLIGAN BOTTLED WATER 1/14/13 5755 CTRY CLUB RD-DRINKING General Fund Municipal Buildings 40.16 1/14/13 5735 CTRY CLUB RD-SALT DEL Southshore Communi Senior Community Cente 35.30_ TOTAL: 75.46 DELEGARD TOOL COMPANY 1/14/13 SMALL TOOLS General Fund Public Works 180.17_ TOTAL: 180.17 DELTA DENTAL OF MINNESOTA 1/01/13 MONTHLY DENTIST PREMIUM General Fund Unallocated Expenses 531.23_ TOTAL: 531.23 DREW KRIESEL 1/14/13 CONTRACT SVC Southshore Communi Senior Community Cente 210.00 1/14/13 EVENTS SVCS Southshore Communi Senior Community Cente 905.00 1/14/13 EVENTS SUPPLIES EXPESES Southshore Communi Senior Community Cente 220.79_ TOTAL: 1,335.79 EMERGENCY AUTOMOTIVE TECHNOLOGIES, INC 1/14/13 FLASHLIGHTS General Fund Public Works 160.19_ TOTAL: 160.19 ESRI, INC. 1/14/13 2013 - ARC GIS General Fund Planning 405.00_ TOTAL: 405.00 EXCELSIOR FLORIST 1/14/13 LAURA TURGEON - FLOWER General Fund Council 117.73_ TOTAL: 117.73 FASCHING, GREGORY 1/14/13 DEPENDENT CARE EXP General Fund NON-DEPARTMENTAL 192.30 1/14/13 SEC 125 HEALTH CARE EXP General Fund NON-DEPARTMENTAL 38.46_ TOTAL: 230.76 G & K SERVICES 1/14/13 CITY HALL BUILDING General Fund Municipal Buildings 171.00 1/14/13 PUBLIC WORKS BUILDING General Fund Public Works 1,175.21 1/14/13 SOUTHSHORE COMM CTR BLG Southshore Communi Senior Community Cente 85.40_ TOTAL: 1,431.61 GOPHER STATE ONE CALL 1/14/13 DEC RENT Water Utility Water 30.45 1/14/13 DEC RENT Sanitary Sewer Uti Sewer 30.45_ TOTAL: 60.90 01-10-2013 11:33 AM C O U N C I L REPORT BY VENDOR- JANUARY 14, 2013 PAGE: 3 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ GOVT FINANCE OFFICERS ASSOCIATION 1/14/13 2013-SGR GAAFR NEWSLETTER General Fund Finance 50.00_ TOTAL: 50.00 H & L MESABI COMPANY 1/14/13 CUTTING EDGES General Fund Ice & Snow Removal 645.19_ TOTAL: 645.19 HAWKINS, INC. 1/14/13 CHLORINE Water Utility Water 105.00_ TOTAL: 105.00 HENN CTY HUMAN SVC DEPT PUBLIC HEALTH 1/14/13 F003 FOOD LOW ADDT'L Southshore Communi Senior Community Cente 83.00 1/14/13 F008 FOOD HIGH SMALL FACIL Southshore Communi Senior Community Cente 623.00_ TOTAL: 706.00 KENNETH N. POTTS, P.A. 1/14/13 DEC LEGAL SVC General Fund Professional Svcs 2,291.66_ TOTAL: 2,291.66 KERSTING JOEL 1/14/13 DOG SLED RIDES - ARCTIC General Fund Recreation 1,000.00_ TOTAL: 1,000.00 LAKESHORE WEEKLY NEWS 1/14/13 2013 ARCTIC FEVER ADS General Fund Recreation 500.00_ TOTAL: 500.00 LARSON CINDY 1/14/13 STORYTELLOR-PRINCESS TEA General Fund Recreation 75.00_ TOTAL: 75.00 LEAGUE OF MINNESOTA CITIES 1/14/13 KRIS SUNDBERG General Fund Council 299.00 1/14/13 SCOTT ZERBY General Fund Council 299.00_ TOTAL: 598.00 LEAGUE OF MINNESOTA CITIES INS TRUST 1/14/13 2013 WORKERS COMPENSATION General Fund Municipal Buildings 41,618.00_ TOTAL: 41,618.00 LINK, CLARE T. 1/14/13 PARK MEETING 01/08/13 General Fund Recreation 220.00_ TOTAL: 220.00 LOCAL LINK 1/14/13 ADSL(QST) - BUSINESS 3M/89 General Fund Municipal Buildings 69.95_ TOTAL: 69.95 MEDIACOM 1/14/13 5375 COUNTRY CLUB RD - SSC Southshore Communi Senior Community Cente 69.95_ TOTAL: 69.95 MEDICA 1/14/13 MEDICAL PREMIUM General Fund Unallocated Expenses 17,267.68_ TOTAL: 17,267.68 METRO COUNCIL ENV.(SAC) 1/14/13 4TH QTR SAC REPORT Sanitary Sewer Uti NON-DEPARTMENTAL 11,706.75_ TOTAL: 11,706.75 METRO COUNCIL ENVMT(WASTEWATER) 1/14/13 JAN-WASTEWATER SVC Sanitary Sewer Uti Sewer 44,115.52_ TOTAL: 44,115.52 MIDWEST GOVERNMENT ADVISORS 1/14/13 DEC INTERIM ADMIN SVC General Fund Administration 7,200.00_ TOTAL: 7,200.00 MIDWEST MAILING SYSTEMS, INC. 1/14/13 NEWSLETTER SERVICES General Fund Administration 329.15 1/14/13 ADDT'L POSTAGE General Fund Administration 24.15 1/03/13 QTR UTILITY POSTAGE Water Utility Water 319.16 01-10-2013 11:33 AM C O U N C I L REPORT BY VENDOR- JANUARY 14, 2013 PAGE: 4 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ 1/03/13 QTR UTILITY BILLING SVC Water Utility Water 92.79 1/03/13 QTR UTILITY POSTAGE Sanitary Sewer Uti Sewer 319.16 1/03/13 QTR UTILITY BILLING SVC Sanitary Sewer Uti Sewer 92.79 1/03/13 QTR UTILITY POSTAGE Recycling Utility Recycling 319.16 1/03/13 QTR UTILITY BILLING SVC Recycling Utility Recycling 92.80 1/03/13 QTR UTILITY POSTAGE Stormwater Managem STORMWATER MANAGEMENT 319.16 1/03/13 QTR UTILITY BILLING SVC Stormwater Managem STORMWATER MANAGEMENT 92.80_ TOTAL: 2,001.12 MIDWEST SKIJORERS 1/14/13 ARCTIC FEVER EVENT General Fund Recreation 400.00_ TOTAL: 400.00 MINNESOTA LIFE 1/14/13 JAN LIFE PREM General Fund Unallocated Expenses 338.69_ TOTAL: 338.69 MISC. VENDOR SUPERSCOPE TECHNOLOGIE 1/14/13 SOLID DIG RECORDER-CARD RE General Fund Administration 225.00_ TOTAL: 225.00 MN STATE PATROL 1/14/13 2013 DECALS General Fund Public Works 20.00_ TOTAL: 20.00 OFFICE DEPOT 1/14/13 FIN GEN OFF SUPPLIES General Fund Finance 109.47_ TOTAL: 109.47 OMEGA INDUSTRIES 1/14/13 BACKPACK BLOWER General Fund Park Maintenance 454.17_ TOTAL: 454.17 PAETEC 1/14/13 5755 COUNTRY CLUB RD-C.H. General Fund Municipal Buildings 144.37 1/14/13 24200 SMITHTOWN RD-P.W. General Fund Public Works 46.90 1/14/13 BADGER/MANOR/CATHCART PARK General Fund Park Maintenance 145.60 1/14/13 26352 SMTWN RD/28125 BLDR Water Utility Water 98.70 1/14/13 24255 SMITHTOWN ROAD Water Utility Water 100.25_ TOTAL: 535.82 PETTY CASH 1/14/13 CERTIFIED MAIL General Fund Administration 3.60 1/14/13 MAIL WATER SAMPLES Water Utility Water 2.63_ TOTAL: 6.23 PRUDENTIAL GROUP INSURANCE 1/14/13 JAN LIFE PREM General Fund Unallocated Expenses 696.81_ TOTAL: 696.81 ROEPKE GRACE 1/14/13 HARPIST FOR TEA General Fund Recreation 100.00_ TOTAL: 100.00 SHRED-N-GO, INC. 1/14/13 SVC THR 12/28 General Fund Administration 34.00_ TOTAL: 34.00 SOUTH LAKE-EXCELSIOR CHAMBER OF COMMER 1/14/13 2013 MEMBERSHIP RENEWAL Southshore Communi Senior Community Cente 202.00_ TOTAL: 202.00 SOUTHWEST POWER EQUIPMENT 1/14/13 BUILDING MAINT. General Fund Public Works 80.29_ TOTAL: 80.29 STATE OF MN-MN DEPT OF HEALTH 1/14/13 4TH QTR WATER SURCHARGE Water Utility NON-DEPARTMENTAL 2,124.00_ TOTAL: 2,124.00 01-10-2013 11:33 AM C O U N C I L REPORT BY VENDOR- JANUARY 14, 2013 PAGE: 5 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ THIES, A. KENNETH 1/14/13 SELIGH RIDES General Fund Recreation 950.00_ TOTAL: 950.00 THREE RIVERS PARK DISTRICT 1/14/13 SNOWSHOEING & GEOCATCHING General Fund Recreation 360.00_ TOTAL: 360.00 TKDA ENGINEERS ARCHITECTS PLANNERS 1/14/13 VALLEYWD LN/CR REHAB PROJ Street Capital Imp Street Capt Improvemen 1,410.63_ TOTAL: 1,410.63 TOLL GAS & WELDING 1/14/13 REGULATOR General Fund Public Works 119.87_ TOTAL: 119.87 TOTAL PRINTING SERVICES 1/14/13 MONTHLY NEWSLETTER General Fund Administration 760.85 1/14/13 ARCTIC FEVER INSERT General Fund Recreation 141.07 1/14/13 PRINCESS TEA INSERT General Fund Recreation 106.60 1/14/13 SSCC INSERT Southshore Communi Senior Community Cente 253.29_ TOTAL: 1,261.81 TOWER, TERRY 1/14/13 2012 BOOTS EXP General Fund Public Works 250.00_ TOTAL: 250.00 TYLER TECHNOLOGIES 1/14/13 FINANCE General Fund Finance 7,356.14 1/14/13 SEWER Water Utility Water 1,127.76 1/14/13 WATER Sanitary Sewer Uti Sewer 1,160.31 1/14/13 STORMWATER MANAGEMENT Stormwater Managem STORMWATER MANAGEMENT 1,000.00_ TOTAL: 10,644.21 VERIZON WIRELESS 1/14/13 L.S. PHONE SERVICES Sanitary Sewer Uti Sewer 216.19_ TOTAL: 216.19 VIKING AUTOMATIC SPRINKLER CO. 1/14/13 REPAIR FIRE SYSTEM-BADGER Water Utility Water 384.00_ TOTAL: 384.00 VIKING LAND TREE CARE, INC. 1/14/13 TREE REMOVAL General Fund Public Works 2,038.23_ TOTAL: 2,038.23 VOYAGER FLEET SYSTEMS, INC. 1/14/13 SVC THR 12/24/12 General Fund Public Works 3,788.50_ TOTAL: 3,788.50 WACONIA FARM SUPPLY 1/14/13 TOOLS General Fund Public Works 108.41 1/14/13 TOOLS General Fund Public Works 11.80_ TOTAL: 120.21 WARNER CONNECT 1/14/13 JAN SVC General Fund Municipal Buildings 2,800.00_ TOTAL: 2,800.00 WASTE MANAGEMENT OF WI-MN 1/14/13 24200 SMITHTOWN RD-PUB WOR General Fund Public Works 416.76 1/14/13 5735 COUNTRY CLUB RD -SSCC Southshore Communi Senior Community Cente 182.20_ TOTAL: 598.96 WEST - THOMSON REUTERS 1/14/13 2013 QUINLAN ZONING BULLET General Fund Planning 249.48_ TOTAL: 249.48 WM. MUELLER & SONS, INC. 1/14/13 SAND FOR SALT General Fund Ice & Snow Removal 2,285.76_ TOTAL: 2,285.76 01-10-2013 11:33 AM C O U N C I L REPORT BY VENDOR- JANUARY 14, 2013 PAGE: 6 VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_ WSB AND ASSOCIATES, INC. 1/14/13 NO-GIS & CAD SUPPORT General Fund City Engineer 3,619.00 1/14/13 NOV-SMITHTOWN RD TRL PROJ Trail Capital Outl Trail Expenditures 3,549.50 1/14/13 NOV-MCES FORCEMAIN IMPRVMT Sanitary Sewer Uti Sewer 3,544.50 1/14/13 NOV-ENG SVC - DRAINAGE CAD Stormwater Managem STORMWATER MANAGEMENT 363.00 1/14/13 NOV - SILVER LK OUTLET IMP Stormwater Managem STORMWATER MANAGEMENT 2,163.00_ TOTAL: 13,239.00 _______________ TOTAL: 0.00 =============== FUND TOTALS ================ 101 General Fund 118,916.59 404 Street Capital Improvemen 1,410.63 406 Trail Capital Outlay 3,549.50 490 Southshore Community Ctr. 3,394.12 601 Water Utility 10,196.86 611 Sanitary Sewer Utility 61,565.27 621 Recycling Utility 14,153.16 631 Stormwater ManagementUtil 3,937.96 -------------------------------------------- GRAND TOTAL: 217,124.09 -------------------------------------------- TOTAL PAGES: 6 #3B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Setting February 11, 2013 for a Joint Work Session with the Park Commission Meeting Date: January 14, 2013 Prepared by: Jean Panchyshyn, Deputy Clerk CC: Bill Joynes, Brad Nielsen, Twila Grout Attachments: none Background: At its meeting on December 11, 2012, The Park Commission reviewed and discussed the TKDA Badger Park Plan. The Park Commission agreed it would like to hold a Joint Work Session meeting on Monday, February 11, at 6:00 PM with the City Council to discuss the Plan. Recommendation: A motion setting a Joint Work Session meeting with the Park Commission on February 11 at 6:00 PM to discuss the TKDA Badger Park Plan. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership.Page 1 #7A CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, JANUARY 8, 2013 7:00 P.M. 1. CONVENE PARK COMMISSION MEETING Chair Quinlan convened the meeting at 7:00 p.m. A. Roll Call Present: Chair Quinlan; Commissioners Edmondson, Kjolhaug, Swaggert, ; Hartmann (arrived at 7:05 p.m.), Gordon and MangoldPublic Works Director Brown Absent: None B. Review Agenda Gordon moved to approve the agenda as presented. Kjolhaug seconded the motion. Motion carried. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of December 11, 2012 Commissioner Edmondson moved to approve the minutes of the December 11, 2012 meeting as submitted. Mangold seconded the motion. Motion carried. 3. MATTERS FROM THE FLOOR None 4. SUMMER EVENTS Quinlan stated a thorough schedule of summer events has evolved over the years. A list of last year’s events has been provided to review as a planning tool. He stated staff is asking whether a fee structure should be created for some of the events. He asked for comments on programs. He noted they have been popular. Swaggert stated those that weren’t as popular have been eliminated over time. Quinlan noted the skate camp is not on the list because of waning popularity. Grout stated a different kind of skateboarding camp could be offered this year. Brown asked Grout to comment on the programs and whether they have been popular. She noted the DNR camp is very popular and no fee is charged. She stated there is no limit to the MN Zoo program. She stated Bugs and Critters program has a maximum of ten, and it always fills up. We pay for her supplies. Grout stated the kite making program fills up which is a free program for kids, but there is a $175 charge. She noted there has been a waiting list for the program. Hartmann asked if a nominal fee would be counter-productive. Quinlan stated it would eliminate no-shows. Gordon agreed it helped people show up, but it is a nice thing for the City to provide free and healthy activities. Grout noted she does send out reminder notices for those who have signed up and asking she be notified if they cannot attend. Mangold suggested there be back-up volunteers available in case there are more attendees at programs. Kjolhaug asked if any of the programs failed because of the time offered or if more volunteers PARK COMMISSION MINUTES TUESDAY, JANUARY 8, 2013 4 PAGE 2 OF could be available to help with programs. Grout noted the kite making program could be offered to more if there were more volunteers. Quinlan asked if there have been requests for additional programs. Hartmann asked if a Yo Yo camp has been considered. Grout stated she has checked into that. Gordon stated juggling is also popular. Hartmann asked if there is any way to get more into the safety camp because of its popularity. She noted she had to attend in another city because Shorewood’s was full. Grout discussed the costs involved with the Safety Camp. Brown stated there are many hours spent working on this program behind the scenes. Quinlan asked if the tennis program is specifically for Shorewood residents. Grout noted all the registrations are done through a particular individual, and the courts are provided. Quinlan asked if there were any City expenses. Grout noted he did pay the City for the camp that was held. Edmondson suggested a pickle ball camp be held. In response to additional questions about the tennis offerings, Grout stated she would get more information about the costs involved with the tennis programs. Commissioners discussed the Movie in the Park program which was very popular. Popcorn was sold at the movie. Commissioners discussed the Cowboy Hoedown event which drew a smaller crowd. Commissioners discussed attendance for both events. Commissioners discussed offerings at Crescent Beach. Paddle boarding and kayaking classes were offered, and all were full. Brown noted story time was very popular through the Excelsior Library. He noted they coordinate with them and bring the truck out that is the same as the book being read. Kid Power was also popular with fifty attending. Grout noted the Sports Unlimited camp didn’t fill up nor did the skateboard camp. Golf was very popular. Quinlan stated he believed the budget is working well and didn’t think the fee structure needs to be changed. Edmondson suggested more events for the winter. Grout stated proposed skating parties have been cancelled due to weather. The Southshore Center and Mrs. M have many programs scheduled. Hartmann stated most of the demographic are in school in the winter. Kjolhaug suggested a firearms safety or archery class be offered. Gordon suggested an ice fishing class or fishing in the summer. Grout discussed DNR offerings. Staff was directed to provide additional information on suggested offerings this year. Kjolhaug asked about Minnetonka Community Ed offerings. Grout stated summer day camps are offered through Community Ed at Freeman Park. 5. ARCTIC FEVER – SNOW SCULPTURES Brown updated the Commission on the snow sculpture event at Arctic Fever. He stated snow cubes are being constructed at Badger Park. He stated 21 cubes will be available. He discussed issues involving the event such as police patrols, use of power tools, and the weather. Grout noted there are three contestants to date. Edmondson discussed the importance of using social media to promote this and other events. He noted food and beverages will be served at the Southshore Center on Friday night (January 18). He stated portable fire pits are still needed. Swaggert stated he has two he can bring. Hartmann asked what our position is for businesses promoting themselves at public events. Commissioners and staff discussed involvement of businesses and the City’s policy. Edmondson noted voting will take place inside the Southshore Center. Several volunteered to be at the event. 6. DETERMINE AGENDA FOR JOINT MEETING WITH SURROUNDING PARK COMMISSIONS Quinlan discussed the possibility of having a joint meeting with other Park Commissions. He stated he hasn’t had any response from Excelsior commissioners. February 26 was the suggested date. He suggested the date be agreed on and a rough agenda be created. Hartmann suggested Chanhassen be included for cross-promotional purposes. Kjolhaug stated some limits need to be set. Grout stated the impression was to invite the smaller cities in the surrounding areas. Swaggert suggested discussing what PARK COMMISSION MINUTES TUESDAY, JANUARY 8, 2013 4 PAGE 3 OF should be on the agenda. Quinlan stated the top priority should be to find out what programs each city offers and how they can cross-promote. Edmondson stated the big issues are having programs on the same nights and to combine resources in order to save costs. Gordon stated facilities are also a concern and what facilities can be shared. Brown stated the preparation for the meeting is key and a questionnaire would be important. He stated one of the big questions is whether the skate ramps are viable. Leverage of other cities’ research would also be important. Kjolhaug suggested a couple representatives from each commission be a part of the meeting rather than the entire commission from each city. Following discussion, Quinlan stated the agenda should be to learn more about what the other commissions are doing and how they can work together following completion of a survey. Quinlan suggested staff work to contact the other groups. Quinlan stated he would like to attend and believed any other commissioner should attend if desires. He suggested the meeting be held at Southshore Center. The meeting would be held on Tuesday, February 26, 2013 at 7 p.m. This item will be on the February meeting agenda. 7. REVIEW PROPOSED SCHEDULE FOR 2013 WORK PROGRAM Quinlan stated staff has prepared a work program for 2013 for the commissioners’ review. He stated the plan appears to be very reasonable. He asked for input or questions. Kjolhaug asked where the Rustic Trail box culvert would be placed. Brown noted it would be in the area where the creek narrows. Kjolhaug asked if there would be any Watershed permitting required. Brown stated permitting might be required. Kjolhaug suggested the backboard be installed as soon as possible and that Gideon Glen be available for use by fall. Edmondson suggested completion of items such as the backboard be included in the newsletter. 8. COMMUNITY GARDENS - REVIEW LOT SIZES AND FENCING Grout stated information would be provided at the next meeting although gardeners have suggested that larger plot sizes be provided. She noted the existing spots are 5’ x 8’ now. This item will be placed on the next agenda. Lot dimensions and additional fencing will be discussed. 9. FREEMAN/BADGER PARKS HOCKEY RINK Brown stated staff has reviewed four options for a location for a hockey rink at Freeman. Option A would disrupt drainage. Option B would require relocation of the parking lot. Option C would locate the rink in field 6 and eliminate the field. He stated the question is whether it is feasible to move the rink to Freeman. He stated it is if you are willing to eliminate a ball field. Commissioners discussed the feasibility of moving the rink to Freeman. Brown stated the ball field and lights are two major considerations. Gordon asked if all the fields in Freeman are in use. Grout noted they were. Gordon asked if the warming house a distance from the rink if there are boards laid down for the skaters. Brown stated a rubber mat is placed down on the ground. Mangold stated if the rink is moved toward Eddy Station, there would be room for a field. Brown noted there is a drainage ditch that runs adjacent to the field which is important to draining a majority of the area to the creek and the wetland. Kjolhaug asked if it could be addressed with tile and some grading. Brown stated it becomes a challenge where underground pipes can heave or become crushed. Mangold suggested configuring the rink so some of the park and some of the ball field would be taken. Commissioners discussed options. Brown stated staff can refine options discussed and refine costs. 10. NEW BUSINESS PARK COMMISSION MINUTES TUESDAY, JANUARY 8, 2013 4 PAGE 4 OF Brown discussed the lighting repairs at Badger Park. 11. STAFF AND LIAISON REPORTS/UPDATES A. City Council Brown stated Mayor Zerby and Councilmember Kristine Sundberg have been sworn in. The new Council approved a new contract with Mr. Joynes for the next two years on a part-time basis. Quinlan suggested he be invited to a Park Commission meeting to introduce himself. Grout stated a joint meeting with the City Council is scheduled for Monday, February 11 at 6 p.m. Brown stated there is an electrician working on the lights at Cathcart. B. Staff 12. ADJOURN Edmondson moved, Hartmann seconded, to adjourn the Park Commission Meeting of January 8, 2013, at 9:35 p.m. Motion carried. RESPECTFULLY SUBMITTED, Clare T. Link Recorder #8A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Final Plat – Ashland Woods Meeting Date: 14 January 2013 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Cc: Paul Hornby, Larry Brown, Tim Keane Attachments: Draft Resolution Policy Consideration: Should the City approve a final plat for the subdivision of one property into seven? Background: In September of this year, the City Council approved a preliminary plat for a seven lot subdivision named Ashland Woods. The subject property is located on the east side of Strawberry Lane, just south of the LRT Trail. The developer has now submitted his application for a final plat of the property. A key element of the preliminary plat approval was the requirement that a homeowners association be established to maintain the drainage facilities for the project. The Declaration of Covenants, attached as Attachment II (Article VII) to the draft resolution, addresses this issue. A letter of credit will be provided as part of the final plat approval to guarantee required improvements are installed according to plans and specifications approved by the City Engineer. Also, prior to release of the resolution approving the plat, the developer must pay $35,000 in park dedication fees, $8400 for local sanitary sewer access charges, and $70,000 in water connection fees. Once the water improvements are in, the developer will be reimbursed, not to exceed $70,000, for his costs in getting water main to the project. A development agreement setting forth the various conditions of approval is attached to the draft resolution in your packet. Financial or Budget Considerations: The application fees paid by the developer adequately cover the processing of the plat. The $35,000 will go into the park fund and the $8400 will go to the sewer fund. Whatever remains of the $70,000 after reimbursing the developer will go into the water fund. Options: Approve the final plat, deny the final plat, modify the final plat. Recommendation / Action Requested: Approval of the final plat is recommended. Next Steps and Timelines: The developer must record the plat and resolution within 30 days of his receipt of the Council resolution approving the final plat. Connection to Vision / Mission: Approval of the plat contributes to a sustainable tax base. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF � f s l 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (952) 960 -7900 FAX (952) 474 -0128 • www.b.shorewood.mn.us • dtyhaII@d.shorewood.mn.us TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 14 January 2013 RE: Ashland Woods — Water Connection Fees FILE NO. 405 (12.14) Tonight's agenda includes a final plat approval for Ashland Woods. The Development Agreement for the project requires the developer to provide a letter of credit in the amount of 150 percent of the required improvements (including the installation of water mains to and within the plat). hi addition, the agreement requires an up -front payment of $70,000 (7 x $10,000) for water connection charges. The developer has requested that the water connection charges be paid with each building permit instead. There is some precedent for this. For example, past projects have been allowed to have the water charges assessed against lots within the plat. Staff agrees that the City would be adequately covered by the letter of credit guaranteeing construction of the water improvements and offers the following amendment to the Development Agreement (Note deletions have been shown with strikeouts and additions are shown in italics): "26.) "Municipal Water Charges - Pursuant to Shorewood City Code a $10,000 municipal water connection charge is required to be paid for each unit., p a e ease : The connection charges shall be paid at the time building permits for homes within the plat are obtained. The Developer's costs for getting municipal water to the property will be refunded to the Developer; but shall not exceed the amount of the connection charges collected at any given time." Cc: Bill Joynes Bruce DeJong Larry Brown Paul Hornby Joe Pazandak Patti Helgesen Cory Lepper ®a aw{ PFINI ED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 13-_____ A RESOLUTION APPROVING THE FINAL PLAT OF ASHLAND WOODS WHEREAS , the final plat of Ashland Woods has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statues, and all proceedings have been duly had thereunder; and WHEREAS , said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood; and WHEREAS , the final plan is consistent with the preliminary plat previously approved for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The plat of Ashland Woods is hereby approved. 2. Approval is subject to the Development Agreement Ashland Woods, attached hereto as Attachment I, and the Ashland Woods Homeowners Association Declaration of Covenants, Conditions and Restrictions, attached hereto as Attachment II, being recorded contemporaneously with the final plat. 3. The Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat on behalf of the City Council. 4. That the final plat, together with the Development Agreement and the Declaration referenced in 2., above, shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of January 2013. Scott Zerby, Mayor ATTEST: Jean Panchyshyn, Deputy City Clerk CITY OF SHOREWOOD DEVELOPMENT AGREEMENT ASHLAND WOODS THIS AGREEMENT , made this _______ day of , 2013, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and ASHLAND WOODS, LLC, a Minnesota limited liability company, hereinafter referred to as the "Developer". WHEREAS , the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof; which lands are hereinafter referred to as the "Subject Property"; and WHEREAS , Developer proposes to develop the Subject Property into seven (7) single- family residential lots; and WHEREAS , the Developer has made application for a preliminary plat for the property with the Zoning Administrator, which preliminary plat was considered by the Planning Commission at their meeting held on 7 August 2012, and at a meeting of the City Council on 10 September 2012; and WHEREAS upon recommendation of the Planning Commission, the City Council did consider and grant preliminary plat approval as set forth in Resolution No. 12-056; and WHEREAS , the Developer has filed with the City the Final Plat for “Ashland Woods”, a copy of which plat is attached hereto and made a part hereof as Exhibit B; NOW, THEREFORE , in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 12-056, on file in the Shorewood City Offices. In addition, development of the property is subject to the requirements of the R-1C, Single-Family Residential zoning district. 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) Public street grading, graveling and stabilizing, including constructing and sodding of berms, swales, and boulevards; (02) Public street surfacing, including surmountable curbs, gutters and driveway approaches; Attachment I (03) Storm sewers, when determined to be necessary by the City, including all necessary catch basins, ditches, inlets, retention areas and other appurtenances; (04) Sanitary sewer laterals or extensions, including all necessary building services and other appurtenances; (05) Water main laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances; (06) Required tree preservation, reforestation and landscaping; (07) Street name signs and traffic control signs; consistent with the plans and specifications prepared by Otto Associates Engineers and Land Surveyors, Inc., dated 6 January 2013, and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat, Grading, Drainage and Utility Plan, Building Plan - The Developer has filed with the City Clerk the final plat titled Ashland Woods for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City. 4.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed the quantities and qualities required by the approved plans and specifications, and shall be subject to inspection and approval of the City, which approval shall not be unreasonably withheld if the materials and work are consistent with the plans and specifications and the standards set forth herein. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the final lift of asphalt, shall be performed to be completed by 1 November 2013. The final lift of asphalt shall be completed by 1 July 2014. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat until the documents called for herein are filed. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking, Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Grading, Drainage, and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as reasonably necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2, except the final lift of asphalt, are completed and approved by the City Engineer. 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer’s engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Conveyance of Improvements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets, Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 29 below. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 23.) Insurance - The Developer shall take out and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $2,000,000.00 and shall remain in effect until the improvements set forth in paragraph 2 have been accepted by the City. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer’s contractors and subcontractors, thereby satisfying the requirements of this section. 24.) Laws, Ordinances, Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $8400 ($1200 for seven lots) as local sanitary sewer access charges. 26.) Municipal Water Charges - Pursuant to Shorewood City Code a $10,000 municipal water connection charge is required to be paid for each unit, prior to the release of the final plat. The Developer’s costs for getting municipal water to the property will be refunded to the Developer, but shall not exceed the amount of the connection charges. 27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $35,000 ($5000 for each lot) for the Park Fund. 28.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy (“Policy”) which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by Otto Associates Engineers and Land Surveyors, Inc., dated __28 September , 2012 (“Plan”). In addition the Developer shall submit a Reforestation Plan pursuant to the City’s Policy. The Reforestation Plan shall be subject to review and approval by the Shorewood Planning Department. The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 28, the Developer agrees that prior to the issuance of each building permit, the Developer or its assigns will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. 29.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Malkerson Gunn Martin LLP 1900 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402 To the Developer: Cory Lepper c/o Ashland Woods, LLC 20445 Park Place Deephaven, MN 55331 30.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 31.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 32.) Declaration of Covenants, Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. The Declaration shall provide for the establishment of a homeowners association which shall be responsible for the monitoring and ongoing maintenance of the surface water drainage facilities and the center island cul-de-sac landscaping improvements for the Subject Property. 33.) Remedies Upon Default - (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense reasonably incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, after notice and failure to cure, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer’s obligations under paragraph 28 hereof. (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. (b) If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 34.)Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 35.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 36.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 37.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 38.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPERCITY OF SHOREWOOD By: By: Its:______________ Its: Mayor ATTEST: City Administrator/Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ______day of ________________, 2013, before me, a Notary Public within and for said County, personally appeared Scott Zerby and William S. Joynes to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ______ day of _____________, 2013, by Cory Lepper, the Chief Manager of Ashland Woods LLC, a Minnesota Limited Liability Company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Malkerson Gunn Martin LLP 1900 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402 (TJK) DESCRIPTION: Lot 105, Auditor’s Subdivision Number One Hundred Thirty-Three (133), Hennepin County, Minnesota, EXCEPT that part described as follows: Commencing at the Southwest corner of said Lot 105; thence Northerly along the West line of said Lot 105, a distance of 100 feet; thence Easterly parallel with the South line of said Lot 105, a distance of 200 feet; thence Southerly parallel with the West line of said Lot 105 to the South line thereof; thence Westerly along the South line of said Lot 105 to the point of beginning. Exhibit A #9A City of Shorewood Council Meeting Item MEETING TYPE Regular Meeting Title / Subject: City of Shorewood/Excelsior Watermain Interconnection, City Project 12-11 Meeting Date: 1/14/13 Prepared by: Paul Hornby, Larry Brown, Bill Joynes Reviewed by: Attachments: Memorandum dated 12/27/12, Resolution 12-063 Background: The City Council passed Resolution 12-063, authorizing the Mayor and Administrator to negotiate a cooperative agreement with the Metropolitan Council (MC) for City projects to be included in their plans to construct a redundant forcemain. The Shorewood/Excelsior watermain interconnection is identified as Project 2 in the Resolution. The attached Memorandum, dated 12/27/12, provides a summary of the project to date and is provided for reference. Staff reviews of the proposed interconnection considered several items, including the Watermain Distribution Plan updated in 2012, water system operation, and the proposed project cost. The MC is finalizing their project plans and requires decisions to be made by the City to complete the City project design. Final plans will be bid in February, 2013 and final City design will need to be completed by 1/23/13. Financial or Budget Considerations: The project was previously presented to the City Council at the Regular Meeting on 9/24/12, for consideration of adding the project to the CIP, with an estimated project cost of $502,800. The project costs would be split between the Cities of Shorewood, Excelsior and Greenwood. As this project has progressed the opinion of project cost has been refined with the Shorewood share of the project cost estimated to be $241,100. There are future interconnection opportunities with the City of Excelsior in the City Water Distribution Plan, at a lower estimated cost. Options: 1.Direct staff to complete final design for inclusion in the Metropolitan Council project plan. 2.Direct staff to notify the Metropolitan Council, Excelsior, and Greenwood, the City withdraws the watermain interconnection project from the Metropolitan Council project plan. Recommendation / Action Requested: Direct staff to notify the Metropolitan Council, Excelsior, and Greenwood, the City withdraws the watermain interconnection project from the Metropolitan Council project plan. Next Steps and Timelines: Notify the Metropolitan Council, Cities of Excelsior and Greenwood of the City Council decision with supporting staff memorandum. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD 5755 Country Club Road, Shorewood, Minnesota 55331 Tel (952) 960-7900 TO: Bill Joynes, Interim City Administrator FROM: Paul Hornby, Interim City Engineer DATE: December 27, 2012 RE: City of Shorewood/Excelsior Watermain Interconnection The City of Shorewood Staff has been working with the Metropolitan Council Environmental Services (MCES) since 2011 on a proposed project to construct a redundant forcemain in Excelsior, Greenwood and Shorewood. The MCES has offered to include certain City projects in their construction plans as a cooperative effort to reduce construction impacts to the area residents and businesses, and to potentially reduce construction costs for the City projects. One of the potential projects the City of Shorewood has contemplated is a watermain connection with the City of Excelsior. The Excelsior water system is proposed to be extended through the City of Greenwood in Excelsior Boulevard to serve Greenwood residents that petitioned for City supplied water. The City of Greenwood currently does not have its own water system and has been working with Excelsior to extend their distribution system to serve Greenwood residents. The petitioning residents reside closer to the City of Excelsior boundary than the Shorewood boundary and watermain can be extended from Excelsior at lower cost. This project is under consideration at this time due to the potential for construction cost reductions when combined with the MCES project. The proposed trunk watermain interconnection with the City of Shorewood extends in Excelsior Boulevard from a point east of the Excelsior/Greenwood border to Barrington Way, approximately 3,300 feet. The portion of the proposed watermain within Shorewood is approximately 700 feet in length from the Greenwood/Shorewood border to Barrington Way. The watermain interconnection project is currently estimated to cost $461,500 with an estimated cost share to the City of Shorewood estimated (by others) to be $169,000. Shorewood’s costs in the project include one half of the over-sizing of the watermain from 8 inches to 12 inches diameter to provide sufficient flow capacity, hydrants within Shorewood, and one half of the pressure reducing station near the border with Greenwood. The pressure reducing station is needed due to the difference in water storage tank elevation between Shorewood and Excelsior (Shorewood’s tank is about 60 feet taller than Excelsior’s). I performed an independent review of the estimated project costs for the City of Shorewood including the aforementioned items and partial street restoration costs. The MCES has indicated that the Cities will be responsible for some street restoration costs for their project impacts, so I included costs to restore one half of the roadway in the cost opinion. With the partial restoration costs for Excelsior Boulevard, the City of Shorewood’s cost of this watermain project is estimated to be $241,100. Engineering review of this proposed project considers cost implications and the potential benefits to the City of Shorewood. The following items are considered in this review:  The segment of watermain from Greenwood to Barrington Way is not included in the City Water Distribution Plan due to the large wetland area north of Excelsior Boulevard.  There is only one property NE of Manor Road and Excelsior Boulevard that service could be extended with this segment of watermain.  Water pressures in Shorewood, served from Excelsior’s pressure zone would be about 25 psi lower than typically served from the Shorewood system.  The Shorewood eastern water system has existing interconnections with the Cities of Minnetonka and Chanhassen.  The NE water system wells have variable speed drive pump motors and can temporarily supply customer demand independent of the elevated tank, if needed.  The Water Distribution Plan provides opportunity for interconnection at the Greenwood border in 2022 crossing TH 7 at Radisson Entrance, and from Manor Road in 2028 without the watermain segment to Barrington Way.  The Water Distribution Plan provides opportunity for interconnection at TH 7 and Christmas Lake Road in 2022. Review of the City of Shorewood’s Water Plan does reveal that there are opportunities to construct an interconnection with the City of Excelsior without the watermain segment between the border with Greenwood and Barrington Way. The interconnection would occur as watermain is extended across TH 7 from Radisson Entrance to Manor Road. This alignment would save approximately $60,000 in comparative costs with the MCES project. There is also an interconnection opportunity available at TH 7 and Christmas Lake Road. This alignment would save approximately $150,000 in comparative costs with the MCES project, significantly reducing the watermain oversizing costs and the need for watermain extension through a segment of Greenwood where residents have not petitioned for a public water source. The City of Shorewood does have history working with neighboring cities to interconnect water systems as good practice to provide backup for the water distribution systems. The City should continue this practice where practical, feasible, and provides mutual benefit to the cities. Review of this potential interconnection from an operational and engineering standpoint, the interconnection of the water system at this location is not needed given the considerations above. CITY OF SHOREWOOD RESOLUTION NO. 12 -063 A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO NEGOTIATE A COOPERATIVE AGREEMENT WITH THE METROPOLITAN COUNCIL FOR PROJECTS TO BE INCLUDED IN THEIR FORCE MAIN UPGRADE PROJECT WHEREAS, The City of Shorewood wishes to partner with the Metropolitan Council during their force main upgrade project for the following items checked below. Y e(I roject 1: Lift Station 11 force main separation � roject 2: Shorewood — Excelsior water system interconnect F rqject 3: Redundant water main crossing of Hwy 7 at Barrington Rd. reject 4: Recreational trail extension from Manor Rd. to Barrington Rd. on Excelsior Blvd. Project 5: Storm sewer improvements on Excelsior Blvd. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: That the Mayor and City Administrator /Clerk, on behalf of the City of Shorewood, are hereby authorized to negotiate a cooperative agreement with the Metropolitan Council for the above checked projects. Said agreement is to be approved by the City of Shorewood at a future date. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of September, 2012. ATTEST Christine Lizee, Mayor S. J*nks /Anterim City Administrator /Clerk #9B City of Shorewood Council Meeting Item MEETING TYPE Regular Meeting Title / Subject: Metropolitan Council Force Main Cooperative Projects , City Project 12-11 Meeting Date: 1/14/13 Prepared by: Paul Hornby Reviewed by: Attachments: Resolution 12-063 (Attached in item 9A) Background: The City Council passed Resolution 12-063, authorizing the Mayor and Administrator to negotiate a cooperative agreement with the Metropolitan Council (MC) for City projects to be included in their plans to construct a redundant forcemain. In addition to the Shorewood/Excelsior watermain interconnection project, the Resolution included the lift station 11 forcemain separation, Excelsior Boulevard trail, Excelsior Boulevard storm sewer, and redundant watermain crossing TH 7. These potential projects have been considered for inclusion in the MC project plans to reduce construction impacts to residents and to take advantage of cooperative construction cost benefits. Staff has reviewed the City projects for cost effectiveness, engineering and operations standpoint, as the MC project has progressed and details refined. The trail extension project between Manor Road and Barrington Way was estimated to cost $38,000. Design details reveal that the trail will require the construction of a retaining wall along most of its length increasing the cost to $130,000. This trail is not a priority on the City’s trail Plan and will cost significantly more than originally estimated due to the need for the retaining wall. The proposed watermain crossing of TH 7 would provide a redundant watermain or loop between the northeast and southeast water systems. The proposed crossing is along the MC force main approximately midway between Old Market Road and Manor Road. As the water distribution system develops, it is anticipated a redundant crossing will be made, ideally at Manor Road. A redundant crossing at Manor Road provides separation from the proposed location and will generally provide better flow distribution from an operational standpoint. The Excelsior Boulevard storm sewer improvements will provide storm sewer and catch basins at an existing low point that currently drains across the roadway. The existing drainage conditions cause ponding of storm water during warm weather months and sheet icing across the roadway in the winter months. This improvement will reduce the ponding and icing in this area. Financial or Budget Considerations: The projects previously presented to the City Council in September, 2012, projected project costs as follows: Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1  Redundant water main crossing of TH 7 - The project is very preliminarily estimated to cost $111,100 for the boring under Hwy 7 and an additional $200,200 to connect to the Old Market Road water tower.  The Excelsior Boulevard trail extension from Manor Road to Barrington Way is estimated to cost $30,000.  Separation of lift station 11 force main pipe from the Met Council force main is estimated to cost $79,200 for the portion along the Met Council project and to replace the force main all the way to the lift station it would be an additional estimated $115,600. Options: 1.Direct staff to complete final design for inclusion of the lift station 11 forcemain, Excelsior Boulevard trail, Excelsior Boulevard storm sewer, and redundant watermain crossing TH7 in the Metropolitan Council project plan. 2.Direct staff to complete final design for inclusion of the lift station 11 forcemain along the MC force main and Excelsior Boulevard storm sewer in the Metropolitan Council project plan. Recommendation / Action Requested: Direct staff to complete final design for inclusion of the lift station 11 force main and Excelsior Boulevard storm sewer in the Metropolitan Council project plan. Next Steps and Timelines: Notify the Metropolitan Council of the City Council action. #10A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Making the Lake Minnetonka Communications Commission Board Representative Appointment for 2013 Meeting Date: January 14, 2013 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Bill Joynes, City Administrator Attachments: Resolution Background: The City advertised for applicants to fill the Lake Minnetonka Communications Commission (LMCC) Board Representative position held by Ken Hendrickson, who is retiring as of January 31. Council was scheduled to interview two candidates early this evening:  Mr. Joseph Huber, 19762 Waterford Court  Mr. RJ Lavallee, 19595 Waterford Place Options 1)A motion approving the Resolution appointing one of the candidates interviewed to the LMCC Board for the term February 1, 2013 - January 31, 2014. 2)A motion directing staff to continue to advertise for the LMCC Board Representative position. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership.Page 1 CITY OF SHOREWOOD RESOLUTION NO. 13-_____ A RESOLUTION MAKING AN APPOINTMENT TO THE LAKE MINNETONKA COMMUNICATIONS COMMISSION FOR THE YEAR 2013 WHEREAS, the City of Shorewood annually appoints a Shorewood resident to serve as the City Representative on the LMCC Board; and WHEREAS , Mr. Ken Hendrickson, the current LMCC Board Representative has submitted his resignation as LMCC Board representative; NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby appoints _____________________ as City Representative to the Lake Minnetonka Communications Commission (LMCC) Board for the term February 1, 2013 through January 31, 2014. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 day of January, 2013. ____________________________ ATTEST: Scott Zerby, Mayor __________________________________ Jean Panchyshyn, Deputy City Clerk #10B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2013 Meeting Date: January 14, 2013 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Bill Joynes, City Administrator Attachments: Draft Resolution & Resolution 13-002 (Adopted 1-7-13) Background: At its Special meeting on January 7, 2013, Council adopted Resolution No. 13-002 Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2013. This resolution is provided as Attachment 1. The Alternate Lake Minnetonka Communications Commission council representative was not identified at the January 7 meeting. Should Council determine to appoint a council representative, a Resolution making that appointment is provided for Council’s consideration. Council Action:  A Draft Resolution is provided should Council determine to identify a representative to serve as Alternate to the Lake Minnetonka Communications Commission.  Council may determine to not make this appointment at this time. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership.Page 1 CITY OF SHOREWOOD RESOLUTION NO. 13-___ A RESOLUTION AMENDING RESOLUTION NO. 13-002 MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 2013 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; and WHEREAS, said appointments were made on January 7, 2013 with Resolution No. 13-002, and WHEREAS , one additional appointment is identified as follows: Council Representative to: g.Alternate Lake Minnetonka Communications Commission: __________________ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that said amendment to Resolution No. 13-002 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, 2013. __________________________ ATTEST: Scott Zerby, Mayor __________________________________ Jean Panchyshyn, Deputy City Clerk CITY OF SHOREWOOD RESOLUTION NO. 13-002 A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 2013 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1.That the following persons are appointed to the following offices and positions: a.Acting Mayor: Debbie Siakel Council Representatives to: b.Park Commission Liaison: January – June 2013: Debbie Siakel July – December 2013: Kristine Sundberg c.Planning Commission Liaison: January – June 2013: Laura Hotvet July – December 2013: Dick Woodruff d.Metro Cities (AMM): Dick Woodruff e.Alternate Metro Cities (AMM): City Administrator f.Lake Minnetonka Communications Commission: Scott Zerby g.Alternate Lake Minnetonka Communications Commission: ______ h.Minnetonka Family Collaborative Council: Laura Hotvet i.Coordinating Committee South Lake Minnetonka Police Department: Mayor j.Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Laura Hotvet k.Excelsior Fire District Board Member: Debbie Siakel l.Alternate Excelsior Fire District Board Member: Dick Woodruff m.Investment Committee: None n.Personnel Committee: Debbie Siakel and Dick Woodruff o.Weed Inspector: Mayor p.Assistant Weed Inspector: Joe Lugowski 2.That the following other appointments are made: a.Lake Minnetonka Conservation District Board: Mark Sylvester (1/1/12 - 1/31/14, Resolution No. 11-064) b.Lake Minnetonka Communications Commission: TBD c.Minnetonka Community Education: Tad Shaw d.City Attorney: Timothy J. Keane,Malkerson Gunn Martin LLP e.City Prosecutor: Ken Potts f.Emergency Preparedness Director: SLMPD Police Chief Bryan Litsey 3.Official Depositories: Beacon Bank, 4M Fund & other Depositories as necessary 4.Official Newspaper: Sun Sailor. Notices may also be published in the Laker. 5.That the Blanket Bond (Official Bonds) is approved. 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 7th day of January, 2013. __________________________ ATTEST: Scott Zerby, Mayor ___________________________________________ William S. Joynes, Interim City Administrator/Clerk 3D MEETING TYPE Regular Meeting City of Shorewood Council Meeting Item Title / Subject: Call for Sale, $2,270,000 GO Water Revenue Refunding Bonds, Series 2013A Meeting Date: January 14, 2013 Prepared by: Bruce DeJong Attachment: Finance Plan Summary Resolution Policy Consideration: Should the City Council issue refunding bonds at this time to generate interest cost savings? Background: The City's bond consultant, Paul Donna, of Northland Securities, will present the call for sale of the 2013A GO Water Revenue Refunding Bonds. Mr. Donna will provide the details regarding specific terms and conditions. The primary decision to be made by the City Council will be whether to use the savings to reduce the annual payment with the same repayment schedule or to keep a basically level repayment schedule and shorten the term of the bonds. If the repayment schedule is shortened, staff recommends shortening the call protection by several years. Staff will schedule a conference call with Moody's Investor Services for the purposes of assigning a bond rating to this sale. We anticipate they will affirm the City's current Aa2 rating. Financial or Budget Considerations: This refunding is estimated to save between $270,651 and $292,937 on a net present value basis. The 10%+ savings is well in excess of the 3% minimum savings required by state statute. Options: The City Council may choose to: 1.Authorize the call for sale. 2.Reject the call for sale. Recommendation / Action Requested: Staff recommends adoption of the Resolution Providing for the Issuance and Sale of General Obligation Water Revenue Refunding Bonds, Series 2013A. Next Steps and Timelines: The bond sale results will be brought back for acceptance by the City Council on January 28. Connection to Vision / Mission: This process contributes to sound financial management by providing low cost financing of city infrastructure. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. FPS INANCE LAN UMMARY F OR COS,M ITY F HOREWOOD INNESOTA $2,270,000 GOWR ENERAL BLIGATION ATER EVENUE RB,S2013A EFUNDING ONDS ERIES 45 South 7 Street th Suite 2000 Minneapolis, MN 55402 612-851-5900 800-851-2920 January 14, 2013 City of Shorewood, Minnesota City of Shorewood, Minnesota $2,270,000 $2,270,000 General Obligation Water Revenue Refunding Bonds, General Obligation Water Revenue Refunding Bonds, Series 2013A Series 2013A FINANCING PLAN OVERVIEW This finance plan provides for the public issuance of general obligation bonds through a competitive bid process to advance refund certain maturities of the City’s General Obligation Water Revenue Bonds, Series 2005A (the “Series 2005A Bonds”) and the City’s General Obligation Water Revenue Bonds, Series 2006A (the “Series 2006A Bonds), collectively referred to as the “Refunded Bonds”, to lower the City’s debt service costs. Based on current market information, the estimated net savings is $289,037. The primary objectives of this finance plan include: Maximize debt service cost savings - municipal interest rates are at historically low  levels once again. Locking in low fixed rates in advance of the call date on the Refunded Bonds will reduce the City’s future interest costs and help manage future debt service levies. AUTHORITY & PURPOSE The Bonds will be issued pursuant to Minnesota Statutes 475 and 444. The proceeds will be used to current refund on March 1, 2013 the January 1, 2014 through 2025 maturities of the Series 2005A Bonds and to crossover refund on January 1, 2014 the January 1, 2015 through 2022 maturities of the Series 2006A Bonds. The estimated source and uses of funds are as follows: Refunding Summary Dated 02/01/2013 | Delivered 02/01/2013 20052006 Summary Sources Of Funds Par Amount of Bonds$1,070,000.00$1,200,000.00$2,270,000.00 Total Sources $1,070,000.00$1,200,000.00$2,270,000.00 Uses Of Funds Deposit to Crossover Escrow Fund1,038,447.081,168,626.722,207,073.80 Costs of Issuance18,241.8520,458.1538,700.00 Total Underwriter's Discount (0.900%)9,630.0010,800.0020,430.00 Rounding Amount3,681.07115.133,796.20 Total Uses $1,070,000.00$1,200,000.00$2,270,000.00 Page 2 METHOD OF REFUNDING We recommend utilizing a current refunding technique for the Series 2005A Bonds and a “crossover advance” refunding technique on the Series 2006A Bonds to achieve the refunding objective. A current refunding is used when the call date occurs within 90 days of the closing on the Refunding Bonds. A crossover advance refunding is required when one wishes to lock in current interest rates at least 90 days in advance of the call date on the Series 2006A Bonds. An advance refunding requires the proceeds of the new refunding bonds to be invested in government securities and held in escrow until the call date. The funds in the escrow are used to pay interest on the new Refunding Bonds until the call date and then prepay the principal of the Series 2006A Bonds. Savings occurs after the call date of the bonds being refunded. A complete and detailed refunding analysis illustrating the preliminary structure of the refunding has been provided and reviewed with City staff. SAVINGS ANALYSIS The 2014 – 2025 maturities of the Series 2005A Bonds totaling $1,035,000 are currently outstanding at an average coupon of 4.11%. The 2015 – 2022 maturities of the Series 2006A Bonds totaling $1,160,000 are currently outstanding at an average coupon of 4.00%. Given current market conditions, we estimate these maturities could be refunded with a new bond issue at an average interest rate of 1.22%. This interest rate spread, together with interest earnings on the new bond proceeds until the call date, would result in a total debt service cost savings of approximately $289,037. The estimated savings is net of all costs and is based on a “Uniform Savings” scenario whereby the savings is realized through the original terms of each series of refunded bonds. A second refunding scenario City staff asked us to evaluate essentially accumulates the savings by maintaining the current level of debt service and uses the savings to shorten the term of the original issue. This “Late Savings” scenario produces approximately $328,738 of net savings allowing for the term of the new refunding bonds to be shortened by three years. The debt service savings comparisons for each scenario showing the combined scheduled debt service on the current bonds versus the estimated debt service on the new refunding bonds is illustrated on the following page. Page 3 UNIFORM SAVINGS SCENARIO Debt Service Comparison DateTotal P+IPCFExisting D/SNet New D/SOld Net D/SSavings 01/01/2014106,133.75(1,170,337.71)1,331,200.00263,199.84282,565.0019,365.16 01/01/2015252,715.00--252,715.00280,315.0027,600.00 01/01/2016251,680.00--251,680.00282,795.0031,115.00 01/01/2017255,415.00--255,415.00284,820.0029,405.00 01/01/2018248,770.00--248,770.00281,370.0032,600.00 01/01/2019256,815.00--256,815.00282,650.0025,835.00 01/01/2020254,415.00--254,415.00283,450.0029,035.00 01/01/2021256,655.00--256,655.00283,807.5027,152.50 01/01/2022258,470.00--258,470.00283,717.5025,247.50 01/01/202399,845.00--99,845.00113,175.0013,330.00 01/01/202498,325.00--98,325.00113,925.0015,600.00 01/01/202596,710.00--96,710.00109,462.5012,752.50 Total$2,435,948.75(1,170,337.71)$1,331,200.00$2,593,014.84$2,882,052.50$289,037.66 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings.....................266,855.12 Net PV Cashflow Savings @ 1.214%(Bond Yield).....266,855.12 Contingency or Rounding Amount....................3,796.20 Net Present Value Benefit $270,651.32 Net PV Benefit / $2,526,631.43 PV Refunded Debt Service10.712% LATE SAVINGS SCENARIO Debt Service Comparison DateTotal P+IPCFExisting D/SNet New D/SOld Net D/SSavings 01/01/2014123,938.34(1,170,323.96)1,331,200.00284,826.95282,565.00(2,261.95) 01/01/2015285,240.00--285,240.00280,315.00(4,925.00) 01/01/2016284,047.50--284,047.50282,795.00(1,252.50) 01/01/2017282,590.00--282,590.00284,820.002,230.00 01/01/2018285,735.00--285,735.00281,370.00(4,365.00) 01/01/2019283,440.00--283,440.00282,650.00(790.00) 01/01/2020280,740.00--280,740.00283,450.002,710.00 01/01/2021282,635.00--282,635.00283,807.501,172.50 01/01/2022284,060.00--284,060.00283,717.50(342.50) 01/01/2023----113,175.00113,175.00 01/01/2024----113,925.00113,925.00 01/01/2025----109,462.50109,462.50 Total$2,392,425.84(1,170,323.96)$1,331,200.00$2,553,314.45$2,882,052.50$328,738.05 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings.....................292,950.08 Net PV Cashflow Savings @ 1.069%(Bond Yield).....292,950.08 Contingency or Rounding Amount....................(12.57) Net Present Value Benefit $292,937.51 Net PV Benefit / $2,547,726.49 PV Refunded Debt Service11.498% Page 4 RELATED CONSIDERATIONS Bank Qualified - because total tax-exempt debt issued by the City in calendar year 2013 is  expected to be less than $10.0M, the bonds will be designated as “bank qualified” obligations pursuant to Federal Tax Law. The impact of this designation may result in slightly lower interest rates. We have adjusted the estimated interest rates accordingly. Arbitrage Compliance –  Project / Refunding Fund – All tax exempt issues are subject to federal rebate o requirements which require all arbitrage earned to be rebated to the U.S. Treasury. Because the proceeds of the refunding bonds will be deposited into a yield restricted escrow fund, arbitrage will not be generated. Debt Service Fund – The City must maintain a bona fide debt service fund for the o bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Bond Resolution explains the requirements in greater detail. We are also available to assist the City in meeting these requirements. Continuing Disclosure - Because this issue is greater than $1,000,000, and the City’s  outstanding debt exceeds $10.0M, it is subject to the Securities and Exchange Commission’s continuing disclosure requirements. Northland Securities is prepared to assist the City in this capacity. Page 5 SUMMARY OF RECOMMENDED TERMS 1.Type of Bond Sale Public Sale – Competitive Bids 2.Public Sale Date Monday, January 28, 2013 @10:30 A.M. 3.Council Consideration Monday, January 28, 2013 @ 7:00 P.M 4.Repayment Term See Appendix 5.Security General Obligation of the City. In addition the City will pledge water revenues previously pledged to the Series 2005A and Series 2006A Bonds. 6.Prepayment Option The Bonds maturing on or after January 1, 2021 will be subject to prepayment on January 1, 2020 at a price of par plus accrued interest. 7.Tax Exempt Opinion Kennedy & Graven, Minneapolis, Minnesota 8.Credit Rating We believe a credit rating will be cost beneficial. The City’s general obligation debt is currently rated Aa1 by Moody’s Investors Services. Page 6 EXHIBIT A UNIFORM SAVINGS SCENARIO Debt Service Schedule DatePrincipalCouponInterestTotal P+IFiscal Total 02/01/2013----- 01/01/201485,000.000.400%21,133.75106,133.75106,133.75 07/01/2014--11,357.5011,357.50- 01/01/2015230,000.000.450%11,357.50241,357.50252,715.00 07/01/2015--10,840.0010,840.00- 01/01/2016230,000.000.550%10,840.00240,840.00251,680.00 07/01/2016--10,207.5010,207.50- 01/01/2017235,000.000.700%10,207.50245,207.50255,415.00 07/01/2017--9,385.009,385.00- 01/01/2018230,000.000.850%9,385.00239,385.00248,770.00 07/01/2018--8,407.508,407.50- 01/01/2019240,000.001.000%8,407.50248,407.50256,815.00 07/01/2019--7,207.507,207.50- 01/01/2020240,000.001.150%7,207.50247,207.50254,415.00 07/01/2020--5,827.505,827.50- 01/01/2021245,000.001.300%5,827.50250,827.50256,655.00 07/01/2021--4,235.004,235.00- 01/01/2022250,000.001.450%4,235.00254,235.00258,470.00 07/01/2022--2,422.502,422.50- 01/01/202395,000.001.600%2,422.5097,422.5099,845.00 07/01/2023--1,662.501,662.50- 01/01/202495,000.001.700%1,662.5096,662.5098,325.00 07/01/2024--855.00855.00- 01/01/202595,000.001.800%855.0095,855.0096,710.00 Total$2,270,000.00-$165,948.75$2,435,948.75- Dated2/01/2013 Delivery Date2/01/2013 First Coupon Date1/01/2014 First available call date Call Price- Bond Year Dollars$13,600.83 Average Life5.992 Years Average Coupon1.2201366% Net Interest Cost (NIC)1.3703480% True Interest Cost (TIC)1.3712353% All Inclusive Cost (AIC)1.6752371% Page 7 LATE SAVINGS SCENARIO Debt Service Schedule DatePrincipalCouponInterestTotal P+IFiscal Total 02/01/2013----- 01/01/2014105,000.000.400%18,938.34123,938.34123,938.34 07/01/2014--10,120.0010,120.00- 01/01/2015265,000.000.450%10,120.00275,120.00285,240.00 07/01/2015--9,523.759,523.75- 01/01/2016265,000.000.550%9,523.75274,523.75284,047.50 07/01/2016--8,795.008,795.00- 01/01/2017265,000.000.700%8,795.00273,795.00282,590.00 07/01/2017--7,867.507,867.50- 01/01/2018270,000.000.850%7,867.50277,867.50285,735.00 07/01/2018--6,720.006,720.00- 01/01/2019270,000.001.000%6,720.00276,720.00283,440.00 07/01/2019--5,370.005,370.00- 01/01/2020270,000.001.150%5,370.00275,370.00280,740.00 07/01/2020--3,817.503,817.50- 01/01/2021275,000.001.300%3,817.50278,817.50282,635.00 07/01/2021--2,030.002,030.00- 01/01/2022280,000.001.450%2,030.00282,030.00284,060.00 Total$2,265,000.00-$127,425.84$2,392,425.84- Dated2/01/2013 Delivery Date2/01/2013 First Coupon Date1/01/2014 First available call date Call Price- Bond Year Dollars$11,881.25 Average Life5.246 Years Average Coupon1.0724952% Net Interest Cost (NIC)1.2345363% True Interest Cost (TIC)1.2370408% All Inclusive Cost (AIC)1.5814204% Page 8 CITY OF SHOREWOOD RESOLUTION NO. 13-____ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION WATER REVENUE REFUNDING BONDS, SERIES 2013A IN THE PROPOSED AGGREGATE PRINCIPAL AMOUNT OF $2,270,000 BE IT RESOLVED By the City Council of the City of Shorewood, Minnesota (the “City”), as follows: 1. Background. (a) Pursuant to Minnesota Statutes, Chapters 444 and 475, as amended (collectively, the “Act”), the City issued the following obligations: (i) General Obligation Water Revenue Bonds, Series 2005A (the “Series 2005A Bonds”), dated June 1, 2005, in the original aggregate principal amount of $1,525,000, the proceeds of which financed improvements to the City’s water enterprise system, including reconstruction of a well house facility, purchase and installation of control systems, and painting of the water tower, and which are callable on or after January 1, 2013; and (ii) General Obligation Water Revenue Bonds, Series 2006A (the “Series 2006A Bonds”), dated November 1, 2006, in the original aggregate principal amount of $1,450,000, the proceeds of which financed the construction of various improvements to the City’s water system, and which are callable on or after January 1, 2014. (b) The City is authorized by Section 475.67, subdivision 3, of the Act to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service cost to the City or for the extension or adjustment of maturities in relation to the resources available for their payment. (c) Section 475.67, subdivision 4, of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligations to be refunded may be called for redemption. (d) Furthermore, the City is authorized by Section 475.67, subdivision 13, of the Act to issue and sell its general obligation bonds to refund outstanding bonds when determined by the City Council to be necessary and desirable. (e) It is necessary and expedient to the sound financial management of the affairs of the City to issue its General Obligation Water Revenue Refunding Bonds, Series 2013A (the “Bonds”), in the proposed aggregate principal amount of $2,270,000, to (i) redeem and prepay the outstanding Series 2005A Bonds in the aggregate principal amount of $1,035,000 on March 6, 2013; and (ii) refund in advance of maturity and at their redemption date the 2 417091v2 MNI SH230-52 Series 2006A Bonds, which are currently outstanding in the aggregate principal amount of $1,280,000, of which $1,160,000 in principal amount will be called on January 1, 2014. (d) The City is authorized by Section 475.60, subdivision 2(9), of the Act to negotiate the sale of the Bonds, it being determined that the City has retained an independent financial advisor in connection with such sale. The actions of the City staff and the City’s financial advisor in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 2. Sale of Bonds. It is necessary and expedient to the sound financial management of the affairs of the City to issue the Bonds in the proposed aggregate principal amount of $2,270,000 pursuant to the Act to refund in advance of maturity and at their redemption date the Refunded Bonds as herein provided. The Bonds will be issued, sold and delivered in accordance with the terms of the Preliminary Official Statement for the Bonds (the “Preliminary Official Statement”). 3. Authority of Financial Advisor. Northland Securities, Inc. is authorized and directed to advertise the Bonds for sale in accordance with the Preliminary Official Statement. The City Council will meet at 7:00 P.M. on Monday, January 28, 2013, to consider proposals on the Bonds and take any other appropriate action with respect to the Bonds. 4. Authority of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered in the preparation of such documents, certificates, and instruments. 5. Covenants. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. 6. Official Statement. In connection with the sale of the Bonds, the officers or employees of the City are authorized and directed to cooperate with Northland Securities, Inc., and participate in the preparation of the Preliminary Official Statement and a Final Official Statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. ADOPTED by the Shorewood City Council on this 14th day of January, 2013. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, Deputy City Clerk 3 417091v2 MNI SH230-52 #11B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Approval of Final Ordinance Regulating the Use and Sale of Undiluted Coal Tar Based Driveway Sealants Meeting Date: January 9, 2013 Prepared by: Larry Brown, Director of Public Works Reviewed by: Jean Panchyshyn, Deputy Clerk Attachments: Ordinance, Resolution, Attachment 1 Policy Consideration: Should the City adopt an ordinance which bans the use and commercial sale of undiluted coal tar based driveway sealers? Background: This item has been presented previously for consideration. During the last presentation of this ordinance, the City Council raised concerns about the wording between ”Asphalt based sealers” and “Undiluted coal tar sealers.” Staff has revised the ordinance to follow the terminology used in the model ordinance put forth by the Minnesota Pollution Control Agency. The issue of enforcement was also raised during the previous discussion by the City Council. As is with a number or our ordinances, enforcement will be on a complaint basis. Similarly, the best approach has typically centered on public education versus enforcement. Therefore, staff will post this information on the City’s web site and in our newsletter. Financial or Budget Considerations: None. Options: 1. Adopt the Ordinance, as proposed, and adopt a Resolution authorizing summary publication of said Ordinance. 2. Provide Staff with alternative direction. Recommendation / Action Requested: 1. Staff is recommending Option 1: Adopt the Ordinance as proposed, and adopt a Resolution authorizing summary publication of said Ordinance. Connection to Vision / Mission: Prohibiting the use and sale of contaminants that harm the environment is one element of providing a healthy environment. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD ORDINANCE NO. 500 AN ORDINANCE REGULATING THE USE OF UNDILUTED COAL TAR BASED SEALER PRODUCTS WITHIN THE CITY OF SHOREWOOD, MINNESOTA Section 1. City Code Title 900 PUBLIC RIGHT OF WAY AND PROPERTY is hereby amended to add: CHAPTER 908 UNDILUTED COAL TAR BASED PRODUCTS Section 908.01 Findings and Purpose 908.02 Definitions 908.03 Prohibited Acts 908.04 Exceptions 908.01 FINDINGS AND PURPOSE. Subd. 1. The city council finds that: a. The City of Shorewood Comprehensive Plan protects lakes, streams, wetlands and other bodies of water to enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. b. The use of sealers on asphalt driveways is a common practice. c. The use of undiluted coal tar-based driveway sealers adversely affects the quality of storm water runoff from driveways. Subd. 2. The purpose of this ordinance is to regulate the use and commercial sale of undiluted coal tar based driveway sealer products within the City of Shorewood, in order to protect, restore, and preserve the quality of its waters. 908.02 DEFINITIONS. Subd. 1. For purposes of this section, the following terms have the meanings given: ASPHALT-BASED SEALER a. means a petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR b. means a byproduct of the process used to refine coal. UNDILUTED COAL TAR BASED SEALER c. means a sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. MPCA d. means the Minnesota Pollution Control Agency. PAHs e. means Polycyclic Aromatic Hydrocarbons that defines a group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and harmful to humans, fish, and other aquatic life. 908.03 PROHIBITED ACTS Subd. 1. No person shall apply any undiluted coal tar based sealer to any driveway, parking lot, or other surface within the City of Shorewood. Subd. 2. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar based sealer to any driveway, parking lot, or other surface within the City. Subd. 3. No commercial sealer product applicator, residential or commercial developer, or other individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar based sealer to any driveway, parking lot, or other surface within the City. 908.04 EXEMPTIONS Subd. 1. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of undiluted coal tar based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 908.03. Subd. 2.The provisions of this ordinance shall only apply to use of undiluted coal tar based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. th ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14 day of January, 2013. _______________________________________ Scott Zerby, Mayor ATTEST: __________________________________________ Jean Panchyshyn, Deputy City Clerk CITY OF SHOREWOOD RESOLUTION NO. 13-____ A RESOLUTION APPROVING PUBLICATION OF ORDINANCE NO. 500 BY TITLE ANDSUMMARY WHEREAS, on 14 January 2013, the City Council of the City of Shorewood adopted Ordinance No. 500 entitled “An Ordinance Regulating the Use of Undiluted Coal Tar Based Sealer Products within the City of Shorewood, Minnesota”; WHEREAS, the City staff has prepared a summary of Ordinance No. 500 as follows: 1.The purpose of this ordinance is to regulate the use and commercial sale of undiluted coal tar based driveway sealer products within the City of Shorewood, in order to protect, restore, and preserve the quality of its waters. NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD: 1. The City Council finds that the above title and summary of Ordinance No. 500 clearly informs the public of intent and effect of the Ordinance. 2. The City Clerk is directed to publish Ordinance No. 500 by title and summary, pursuant to Minnesota Statutes, Section 412.191, subdivision 4. 3.A full copy of the Ordinance is available at Shorewood City Hall. ADOPTED by the Shorewood City Council on this 14th day of January, 2013. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, Deputy City Clerk A CITY ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS INTRODUCTION AND INSTRUCTIONS: This ordinance contains a number of provisions a city may adopt. A city wishing to adopt this ordinance should review it with the city attorney to determine which provisions are suited to the city's circumstances. A city can modify this ordinance by eliminating provisions that concern activities it does not seek to regulate. The city attorney should review any modifications to ensure they conform to state law. This model ordinance is drafted in the form prescribed by Minn. Stat. § 412.191, subd. 4, for statutory cities. Home rule charters often contain provisions concerning how the city may enact ordinances. Home rule charter cities should consult their charter and city attorney to ensure that the city complies with all charter requirements. If your city has codified its ordinances, a copy of any ordinance regulating the use of coal tar-based sealers must be furnished to the county law library or its designated depository pursuant to Minn. Stat. § 415.021. This ordinance may affect current blacktop sealer practices within the city’s jurisdiction. Therefore, prior to ordinance adoption, the city may want to provide commercial sealer companies, city residents, and other interested persons an opportunity to provide input. ORDINANCE NO. _____________ AN ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS WITHIN THE CITY OF____________, MINNESOTA SECTION 1. PURPOSE. The City of __________ understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this ordinance is to regulate the use of sealer products within the City of _________, in order to protect, restore, and preserve the quality of its waters. SECTION 2. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning: ASPHALT-BASED SEALER . A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR . A byproduct of the process used to refine coal. UNDILUTED COAL TAR-BASED SEALER . A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. CITY . The City of _________________. MPCA . The Minnesota Pollution Control Agency. PAHs . Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. SECTION 3. PROHIBITIONS. A. No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of _______________. B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. C. No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. SECTION 4. EXEMPTION. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of undiluted coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 3. SECTION 5. ASPHALT-BASED SEALCOAT PRODUCTS. The provisions of this ordinance shall only apply to use of undiluted coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. SECTION 6. PENALTY. Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case. SECTION 7. SEVERABILITY. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 8. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. Passed by the Council this ______ day of ______________________, 20_____. _________________________________ Mayor Attested: _________________________________ Clerk