021306 CC Reg AgP
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 13, 2006
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Love _
Lizee
Turgeon _
Callies
Wellens
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, January 23,2006 (Att. - Minutes)
B. City Council Regular Meeting Minutes, January 23,2006 (Att. - Minutes)
C. City Council Work Session Minutes, January 23,2006 (Att. - Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Staffing - No action required
C. City Clerk's License Approvals - Temporary Gambling License for Our Lady ofthe
Lake Church event at the Minnetonka Country Club (Att. - Deputy Clerk's
memorandum, Resolution)
D. Approval of Electrical Services Agreement (Att. - Director of Public Works'
memorandum, Agreement)
E. Approval of the Park Coordinator Services Agreement (Att. - Director of Public Works'
memorandum, Agreement)
F. Zoning Text Amendment (Att. - Ordinance, Resolution)
Applicant: Frostad Development Co.
Location: 23505 Smithtown Road
CITY COUNCIL REGULAR MEETING AGENDA - FEBRUARY 13, 2006
PAGE 2 OF 3
G. Conditional Use Permit (Att. - Planning Director's memorandum, Resolution)
Applicant: Frostad Development Co.
Location: 23505 Smithtown Road
H. No Parking Restrictions on Wood Duck Circle (Att. - Resolution)
Applicant: Frostad Development Co.
Location: 23505 Smithtown Road
1. Findings for Denial - Minor Subdivision (Att. - Resolution)
Applicant: George Danser
Location: 5840 Christmas Lake Road
J. Approval of Agreement for Engineering Services from WSB & Associates, me. (Att. -
Proposal)
K. Traffic Restrictions on Broms Boulevard (Att. - Acting City Engineer's memorandum,
Resolution)
1. Set Public mformation Hearing Date for Storm Water Pollution Prevention Program
(SWPPP) Public Hearing (Att. - Acting City Engineer's memorandum)
M. Authorization to Submit Pay Equity Compliance Report (Att. - Finance Director's
memorandum)
N. Approval of AFSCME Council 5 Labor Agreement (Att. - Administrator's memorandum)
O. No-Fault Sewer Back-up msurance Coverage (Att. - Finance Director's memorandum,
Resolution)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
6. PUBLIC HEARING
7. PARKS
8. PLANNING - Report by Representative
9. GENERAL/NEW BUSINESS
A. Amendments to South Lake Minnetonka Police Department Joint Powers Agreement
(Att. - Administrator's memorandum, Fourth Amendment)
10. ENGINEERING/PUBLIC WORKS
A. County Road 19 - Smithtown Road mtersection Cost Projections (Att. - Director of
Public Works' memorandum)
CITY COUNCIL REGULAR MEETING AGENDA - FEBRUARY 13, 2006
PAGE 3 OF 3
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
B. Mayor & City Council
12. RECESS TO EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE
REVIEW
13. ADJOURN
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. $HOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Executive Summary
Shorewood City Council Regular Meeting
Monday, 13 February 2006
. A Special Meeting will be held beginning at 5 :45 P.M. for the purpose df interviewing
candidates for the Planning Commission
Agenda Item #3A:
Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B:
There are no staffing items for consideration.
Agenda Item #3C: Our Lady of the Lake Church has submitted an application and
appropriate fee for aMinnesota Lawful Gambling Permit. Their "Starlight Ball" event is
to be held on Saturday, April 29, 2006, at the MinnetonkaCountry Club, 24575
Smithtown Road. Proceeds from the event will be used for the Parish Elementary
School. Approval of a resolution is in order.
Agenda Item #3D: On a routine schedule, the City hires an electrician to perform seasonal
electrical items. Typically, Egan Services has been utilized on a routine basis. During
our recent discussions with Egan staff, city staff determined that a discount for services
could be obtained by setting up a periodic schedule and service agreement with this firm.
By doing so, the city will realize a discount for the existing services already 1?eing
utilized. Therefore, staff is recommending approval of an agreement with Egan Services
for routine electrical work.
, '
Agenda Item #3E: Community Rec. Resources has provided Park Coordinator Services
for the City since 2003. They have indicated their interest in continuing to provide
Park Coordinator Services to the City for the year 2006, and are requesting an
increase in the hourly service rate from $40 per hour to $45 per hour. Although the
hourly service rate has increased, the "not to exceed" amount of $20~250 has not
increased. Staff recommends approval of the Park and Recreation Coordinator
Services Agreement with Community Rec. Resources forthe year 2006, for the
amount "not to exceed" $20,250.
n
~ . PRINTED ON RECYCLED PAPER
....
Executive Summary - City Council Meeting of 13 February 2006
Page 2 of3
Agenda Item #3F - H: At the last meeting Council agreed to approve the Frostad
Development Company proposal to redevelop the Shorewood Nursery property on
County Road 19 for use as an office building site. Included were a zoning text
amendment that would allow additional impervious surface (up to 75 percent) for
commercial uses in the Shoreland District; a conditional use permit for the office
building; and placing certain parking restrictions on Wood Duck Circle. The attached
Ordinance and Resolutions are pursuant to Council's direction at that meeting.
Agenda Item #31: At the last meeting the Council agreed to deny the minor subdivision
application of George Danser. The attached Resolution contains Findings of Fact
supporting denial of the application.
Agenda Item #3J: The City has been unsuccessful in recruiting a full-time City Engineer.
For the past couple of months, Mr. Steve Gurney ofWSB & Associates, Inc., has been
performing services in lieu of the City Engineer for two days per week. Staff requested
WSB & Associates, Inc. to provide a proposal for additional Consulting City Engineer
Services. The proposal from WSB & Associates, Inc. provides for Mr. Gurney to
perform city engineering services at City Hall four days/week at a rate of $7,500 per
month. The Council reviewed this proposal at its January 23rd work session, and
indicated its preference for this arrangement. Formal City Council action is required to
accept the proposal from WSB & Associates, Inc., for Consulting Engineer Services.
Agenda Item #3K: On May 9,2005, City Council authorized City Staff to make traffic
control changes to Radisson Road. To discourage cut-through traffic from the high
school, the traffic control changes included installing additional signs restricting turning
movements onto Broms Boulevard during peak hours. The first sign prohibits right turns
from Old Market Road to Broms Boulevard between 2 PM and 5 PM. The second sign
will prohibit west-bound traffic on Broms Boulevard from crossing Old Market Road
between 2 PM and 5 PM. A map depicting the sign locations is provided in the report.
Since this is regulatory, Council must adopt a resolution establishing the restrictions.
Agenda Item #3L: As part of the federal Clean Water Act, the City of Shore wood is required
to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This
permit was originally obtained in March, 2003. The public education and outreach
requirement of the permit requires an annual public meeting be held to discuss the Storm
Water Pollution Prevention Program. Staff is recommending that this meeting be held
March 13, 2006, at 7 PM, as part of the regular City Council meeting. Staff recommends
approval to accept this date and time for the Public Informational Meeting.
Agenda Item #3M: Minnesota cities are required to file a Pay Equity report with the
Minnesota Department of Employee Relations (DOER) every three years, as per the 1984
Local Government Pay Equity Act. The City's 2006 Pay Equity Report is ready and the
City appears to be in compliance, based on certain statistical criteria. Staff recommends
Council approval of the 2006 Pay Equity Report and its submission to MN DOER.
Executive Summary - City Council Meeting of 13 February 2006
Page 3 of3
Agenda Item #3N: The City and AFSCME (public works maintenance) labor negotiating
teams have agreed to terms that they would recommend to the City Council and Union
staff for approval. The Union has approved the terms, which would amend and extend
the current agreement. If Council wishes to discuss the terms of the agreement, it may do
so in closed session. Staff recommends approval of the proposed terms for the labor
agreement.
Agenda Item #30: There is a new optional 'No-Fault' Sewer Back-up Insurance available to
the City. It will reimburse a property owner for up to $10,000 per building per year of
clean-up costs and damages caused by sewer back-up. The cost for this coverage is about
$3,800 annually and funding would come from the Sewer Fund. Staff recommends
Council approval of the attached resolution authorizing purchase of this coverage.
Agenda Item #9A: The councils of the four member cities of the SLMPD agreed to make
several amendments to their joint powers agreement as part of their commitment to
undertake binding arbitration on the allocation of funding for police operations. The four
city attorneys have developed the wording to effect the amendments specified in the
Proposal the city councils approved in December. The Excelsior and Greenwood city
councils have approved the Fourth Amendment to the JP A; the Tonka Bay city council
will consider it on February 14. Staff recommends that the Council approve the Fourth
Amendment to the Joint Powers Agreement for the South Lake Minnetonka Police
Department.
Agenda Item # lOA: As the City Council is aware, the County Road 19 Intersection
construction was brought to a halt for the winter season. Items remaining are placement
of the final lift of asphalt on County Road 19 and Smithtown Road, pavement striping
and markings, landscaping and restoration, signage for the advance warning flasher
system, painting of the retaining wall in Tonka Bay, and wall railing replacement for a
few of the railings that are in place. As this project nears completion, staff has been
working with WSB and Associates and staff members at Hennepin County, to project
what the final costs for the project are anticipated to be. Staffhas compiled a summary
table for the project, which is presented in the report.
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, JANUARY 23, 2006
5755 COUNTRY CLUB ROAD
CONFERENCE ROOM
6:00 P.M.
MINUTES
1. CONVENE SPECIAL CITY COUNCIL MEETING
Mayor Love called the meeting to order at 6:00 P.M.
A.
Roll Call
Present.
Mayor Love, Councilmembers Callies, Lizee,
Absent:
None
B.
B. Review Agenda
"w,_'
Without objection from Council, Mayor Love proce~4~~t~~~ the .~~~ for the
2. INTERVIEW CANDIDATES FOR APPOINTM~~::E~~9'THE LMCD, MCE, AND THE
LMCC '~"""W~~;;",::/
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The following candidates were interviewed:{2J;tli~~~g~ration a.intment to the Lake Minnetonka
Communication Commission (LMCC), the 15ii.MiriIr6t~onservation District (LMCD), and the
Minnetonka Community Educ~~~gg:~~CE) A~;~=tli~fJ~E~~.:~~::::~"~':
A. 6:00 P.Mii:~i:~ P;t;r~i"~odapp,~~.~fshorewood;Oaks Dr
LMCC
c.
6:15;~,,: Jeff~~~, 26870 ~h Pointe Circle
6:30 P.M;;;.;==Sfjj.~RrimiWta!~Qj:woodside Road
Tii~~~aw, 5580 Shore Road
LMCD
B.
LMCD
4.
MCE
3.
Adjourning the City Council Special Meeting of January 23, 2006, at
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
1#2A I
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 23, 2006
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
B.
Review Agenda
Administrator
Brown;
A. Roll Call
Mayor Love called the meeting to order at 7:00 P.M.
A. Roll Call
Present.
Mayor Love, Councilmembers
Dawson; Attorney Keane; Finance
Planning Director Nielsen
Absent: None
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Mayor Love reviewed the Agenda for the meetii;'\, AdIl1~~~tor an Item 9C, Tax
Forfeited Land, be added to the Agenda for the e~~,ging,1ll1d item::~~~;Discussion on County Road 19
Cost Projections, be deleteq;:~!1:1'c:m:~:t~cgenda for tRavening. DiriPtor Brown requested an Item llAl,
Gideon Glen, be added t04fle AgeiiiiE:t'or the evenini: ":'
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Lizee moved, Callies secoi~, ApJi:iiving the Ageniii:as Amended. Motion passed 5/0.
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~-"':~..m" City C~ii~~~gUI1~~:~~~g Minutes, January 9, 2006
Wellens~ll' Turgeon Sircinded, Kpproving the City Council Regular Meeting Minutes of
January 9, 2~~ presented~otion passed 5/0.
2.
3. CONSENT~~~'"
Turgeon moved, Wellcii~~conded, Approving the Motions contained on Consent Agenda &
Adopting the Resoluti6hs Therein:
A.
Approval of the Verified Claims List
B.
Staffing - No action required
C.
Approval of the Stormwater Report
D.
Approval of Request from Lake Minnetonka Wells Fargo Half Marathon to
traverse the City on Sunday, May 7, 2006
1#2B I
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 2 of 11
E. Designating Apple Road as a MSA roadway (This item was moved to Item 10C under
Engineering/Public Works)
F. Accept proposal for professional services for the Christmas Lake Point Lift Station
12 and Enchanted Lane Lift Station 16 Rehabilitation Projects
G. Adopting RESOLUTION NO. 06-006, "A Resolution Rejecting Proposals for
Relocation of Dry Hydrant at 4550 Enchanted Point."
January 10, 2006
Item 3E was removed from the Consent Agenda and moved to Item
Motion passed, 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this
5. REPORTS AND PRESENTATIONS
None.
6. PUBLIC HEARING
None.
7. PARKS
A.
Park Commissi9~ensley
Meeting ofa!~iiia~~i~6
Park serj~e stated a:;-
proces~~ selecting ban.,",.""",;~ June
Chilffreir'it~H$ic in the park"'~ June
and actions taken at the Park Commission
of that meeting). With regard to the Music in the
for July 21, 2006, and the Park Commission was in the
and August 18, 2006. He then noted the dates for
and July 19,2006.
Commissionei;;i~~~!ey listed it~s for discussion at the next Park Commission meeting: the concession
agreement; the cJ~~~~;m ofth~,i!ee on some of the hockey rinks; and the selection of bands for the Music
in the Park series';;:::
8. PLAN~NG';"~~~;'
Commissioner White reported on matters considered and actions taken at the January 17,2006, Planning
Commission meeting (as detailed in the minutes of that meeting).
A. Zoning Text Amendment and Conditional Use Permit
Applicant: Frostad Development Co.
Location: 23505 Smithtown Road
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 3 of 11
Director Nielsen stated Frostad Development Company, LLC, proposed redevelopment ofthe Shorewood
Nursery property at 23505 Smithtown Road as an office building site. It requested a conditional use
permit for the office building and also a zoning text amendment that would allow greater impervious
surface for commercial sites within the "S", Shoreland District. In addition, Director Nielsen stated the
property is zoned R-C/S, Residential-Commercial/Shoreland, contains 91,860 square feet of area (2.1
acres), and was currently occupied by the Shorewood Nursery. He stated the Frostad proposal included a
24,000 square-foot office building with associated parking to the north and south of the building and a
drainage pond, located at the rear of the property. He then stated one of the parking lots was accessed off
of County Road 19 and the other lot was accessed off of Wood Duck Circle;{m
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Nielsen explained City received the proposal in November 2005 an~j~::~i;l;S considered at the Planning
Commission's 6 December 2005 meeting. He stated there had beeIl..lli:::nu~fissues raised with regard
to the request and they were documented in a 30 November 2025 S!~ffrepo~\? Planning Commission
continued the request to their 3 January 2006 meeting. He tE:~I)i~~plained theiiilicant had addressed a
number of the issues identified in the Staff report prior to;~~i3 JanUary 2006 meef1*~'"
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Nielsen stated the applicant had met all zoning requlr~ffi~~~~/or th~'it~C/S District. He"C:~~~t~H one of the
main issues with the proposal was drainage. The revised pl~roy;~~e(r'f~r a larger pOIldfor stormwater
management and it would accommodate 100% of the hara:;~Qyer runoff for the site. The applicant
reduced the number of parking spaces, which-were in excess, to~~~odate the larger pond.
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With regard to the text amendment, the currel!f~~~se specified tB~~iihum amount of impervious
surface in the R-C/S District was 25%. He notelil.the'<3ili':ihi~adopted h~JTer impervious percentages for
nonresidential uses outside of the ShorelandI::?istric!.3~5~~rES!?:!.......afiowable, up to 75 percent by
conditional use permit with sl~!":l'!!~ater treatmentJ~IJ.Q:wever, tm~~iindard was not extended to the areas
within 1000 feet of the la~' .~~;:;:.,
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Nielsen stated the marm:j~~...fommiiion recommen~approving the text amendment which would
require a C.U.P. for imperif'im.~.:~e~~t area rati9:iir excess of 25% (not to exceed 75%) subject to
the stormwater..!rsatrnent mea:&~s;as::s~~.the measures must be consistent with National
Urban RU,9:~~.~~t~tandards.-'N:f:i!1sen then stated the Planning Commission also
recommel16ed approvirl~~onditr~ij~!pse permit for the office, subject to the recommendations of the
PlanIl~irector and consii:~. engineer:.::.::?
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Nielsen state~uncil should qI!ict Staff to prepare a formal text amendment and a resolution approving
the C.U.P. for'tn:~~~meeting~~the City Council.
Mr. Frostad explairi~~ l'!!i;l;jority of the current landscaping would remain and additional landscaping
would be added. He exP\iiiid there would be no stormwater runoff from the site. He then explained the
plan provided for a miifual amount of parking spaces in excess of what was required to minimize
parking on residential streets.
In response to a question from Councilmember Callies, Mr. Frostad stated there were no specific tenants
for the building and the plan was for a building shell only. He explained there had been informal interest
expressed in the property by single tenants and small businesses. He then stated formal marketing of the
property would begin as soon as approval was granted.
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 4 of 11
Councilmember Wellens stated a memo from WSB dated January 18, 2006, identified the issue of
inadequate cover over the 24-inch RCP that conveys runoff along the east lot line, and he asked the
applicant how he planned to resolve the issue. Mr. Frostad explained he had received the memo on
January 20,2006, and had not had time to consult with his engineer prior to the meeting. Director Brown
stated the applicant must ensure the pipe was sturdy enough, and the pipe was properly bedded to prevent
frost heave.
Mr. Frostad stated he provided the adjacent property owners his contact information should they have
any concerns regarding the proposed retaining wall.ww.
--
In response to a question from Councilmember Turgeon, Mr. Frosta~::~~ined to have lights lower 25
feet high would require additional light poles, thereby resulting ini:!s:onsi~!E'l:!l?Y with the requirements of
Shorewood's Zoning Code (no more than .4 foot-candles at w tlii:;jpropertYl~. He stated additional
shielding could be added if required. w;c7:;;W . '. ........~~:::\E:::
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Discussion ensued regarding parking on Wood Duck S~ and the~?ssibility of ma:K:i~.r~rtion of the
street closest to the stop sign a no-parking area, and;;iME~~.;;parking~9pe was deemed a~~ropriate when
should be no-parking zone be created. It was decided tha~no;:JiTl{iIlg zone would be established a
future Council Meeting Agenda. ~
-."
Mayor Love expressed concerns regardr~~~~~ monitoring ~HtE:::~~intenance of the stormwater
management pond. He questioned what form~!;:a~~~l1ts could be 1iIm:;;~pensure the property owner
properly maintained the stormwater manageme~ponn:j:~&:hQw would iJiiEenforcement of the agreement
be managed with the current owner and futuree>wnerS:?;:H~~"~~~9;;wql;!;eB1ioned what procedures existed
regarding the monitoring of s!:;9:!!l1!:;l1t buildup in stiIAl~ter managiiffient ponds.
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Director Brown expl~.~~ the p;~iy is within ,\e Minnetonka Creek Watershed District which
required a mainteg:a~:::~7~f"eeme~ The agreem~t:would list maintenance and monitoring
responsibilities and the paftie:s:::respon;ible for performii:Ig these responsibilities. The Minnetonka Creek
Watershed DistrictE!:;quires .~ ... f: surveyed and the sediment levels documented.
Director ~~~~iil.i~~~the G:~~quired t RP pond on the site; therefore the City would be
responsi:hlefor monitoh~~ pond,i:~~.then explained the City should use a model similar to the one
used .~~CUB site. ............=- '_
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Director Nie~ explained the::if~rmwan.;r pond maintenance requirements and responsibilities would be
addressed in t:ne::~_olution fora;:C.U.P. and in a separate maintenance agreement, both of which would
be recorded agaiiisf~be prope~Attorney Keane stated both the C.U.P. and the maintenance agreement
would be manageabf~~~~;[9fbeable.
Wellens moved, Callie!:~conded, directing Staff to prepare a formal text amendment to the R-C/S
District ordinance to allow for impervious service to lot area ratio in excess of 25% (not to exceed
75%) subject to the stormwater treatment measures, as specified, and the measures must be
consistent with National Urban Runoff Program (NURP) Standards. Motion passed 5/0.
Wellens moved, Callies seconded, directing Staff to prepare a resolution for a conditional use
permit for commercial building at 23505 Smithtown Road. Motion passed 5/0.
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 5 of 11
B. Zoning Text Amendment to Sign Regulations
Director Nielsen explained the Commission had been working with the City's Zoning Code in recent
months regarding regulation of signage in the City. Several proposals had been reviewed and suggested
for change. He stated the proposed changes to the ordinance would hopefully make the ordinance easier
to administer and enforce.
Director Nielsen then reviewed the highlights of the proposed changes to the signage regulations which
included changes to menu board signage, (exemptions for signs with any Il1:~*i!!g parts or gives the type
size illusion of movement), general provisions, non-conforming signag~,i;oninguistrict regulations, and
permit issuance and application issues...R,
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Director Nielsen noted the Planning Commission voted 6/0 t?ret!ove the~~~ption for barber poles
from Section 1201.03 Subd. l1.b.(2)(g) which prohibited a_~~Fnich moves;:::i.tes, has any moving
parts or gives the illusion of motion with the exception o~:1ijme and":'temperature si~!~~d barber poles. If
an exemption were allowed for barber poles the City ~have to anow other types'ot~v~~g signs. He
noted sign permits would be handled administratively;.in~:pld no l~~g;er require Coun~!:jiction.
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Discussion ensued regarding the rationale for and clarifid'il:i~;:gf the~ proposed ordinance changes.
Councilmember Callies stated she would ltlefer to have the pf5~d Section 1201.03 Subd. l1.c.(ll)
stated more clearly. Director Nielsen explaifi~~!he Planning Conun_~n had spent a significant amount
of time on this change and felt the proposed c~g~i~~~.~:f~:d its need.~,
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Discussion ensued regarding the necessity of e5E:~mptiE:f:b~f!!:::"J2'9!~s 7from the Code. Councilmember
Wellens preferred the exemptionfoLbarber poles ~"in the oriii'nce.
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Director Nielsen clari~~:!ime and;::~J:?lperature sigti are viewed as a public service, and those signs
cannot have any cormn~~;:~ovin~xt message. H~~~d Attorney Keane had explained the barber
pole exemption could rematt!::in, th~~~~.~.~n:~ and a~.:~ccompanying resolution could be prepared with
the findings thl;!;!~~~Worth thealiti~tion'ijitijitE~~er poles and other moving signs.
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CouncilmBfiber Calli~'- sted t3S~;~~.~;cePt the Planning Commission's recommendations to the
sign ~~~ons. _* ~
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Callies mOVei~.w.Lizee secondiit, Ad6pting ORDINANCE NO. 419 "An Ordinance Amending
Provisions o~~orewood~bning Code Regarding Signs". Motion passed 5/0.
Mayor Love stated 1i~_l~.ffongly consider a request from a business or to allow a barber pole, but he
would prefer that the o;lii;;ifice specifically protect the barber pole.
C. Setback Variance Applicants: Scott Williams and Linda Hakon
Location: 5955 Country Club Road
Director Nielsen stated Scott Williams and Linda Hakon are the owners of 5955 Country Club Road.
The property is zoned R-lA, Single-Family Residential and contains approximately 40,573 square feet of
area. They have requested a setback variance to build an addition to their home. The applicants propose
to build a small (l0' x 12'), single-story room addition at the back of their home on an existing
foundation that was constructed with the original home in the early 80's. As explained in their request
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 6 of 11
letter dated 5 December 2005, the subject property became nonconforming with the platting of Mary
Lake Woods, a seven-lot subdivision located to the south of the subject property. Nielsen noted the
required setback cuts diagonally through the existing house and the proposed addition.
Director Nielsen stated Staff had researched the property file and found that the original building permit
included the foundation at the rear of the house. Building plans for the home clearly showed the future
addition. He then noted the right-of-way for Mary Lake Trail is wider (75 feet) than the standard 50-foot
street, and that was done because of the relatively steep topography along the north side of the Mary
Lake Woods project. He stated the wider right-of-way resulted in substan~!1:!:!~~..!llore green space on the
north side of Mary Lake Trail, even with the proposed addition.~.~ ",,:.
Director Nielsen stated the Planning Commission had unanimou~~agieijg.tp recommend granting the
setback variance."~'<<~~';:"'7.m
-
Turgeon moved, Wellens seconded, Approving REsi5iUTION NO. 06_ "A Resolution
Granting a Setback Variance for Scott Williams an~I!I~da Hal~~n". Motion pasi@ii~(~:..;~..
D.
Minor Subdivision/Combination - Lot L~eat;fjn:geP1ent
Applicant: Michael McDonald"";:CCi:.:.::ii7
Location: 469 and 4725 Lagoon~ti!!~f
Director Nielsen explained Mike McDonald~;;. ~;':~~ Countrym5-3J~;:the properties at 4695 and
4725 Lagoon Drive, respectively. The propertis;s m'w, are locat~n the R-lC/S, Single-Family
Residential/Shoreland zoning district. The ~lic .-:' # guested a minor subdivision and
combination. Nielsen state<:l.:~~~~,;.groposed divisi~n~CC~d comol~:ron cleans up these rather irregular
parcels, and approval is r~mm.ijij~~.. He noted~f resolution:::approving the request should stipulate
that the division and commnation :ril~f;:be recorded wi:~pin 30 days of Council approval.
_",,_<',".',.w=<-. _''''*'''
.=-Mo".'."""""", -===
._""'",'""""""",Ic"w",,,
Director Nielsen stated th~:~~:~ing~~fE.Illission hadiitinimously agreed to recommend approving the
minor subdivis!9.rba,I1A.combiria~iim::;;::::::::::::;:~~','.'~;:;;::;;:~x~
_ :. -::-'::::,,':: :'-~~:::::::;:::;~~:c:::::~~:::::~:::,::~y~::~~,,~, ~:r;7r:::u:___ __ >~2E;;;
Callies .!joved, Turgi~ij:.i:.~econa~.Approving RESOLUTION NO. 06-008, "A Resolution
Appro~i~t Subdivisionii~':.S;ombini!~!!~f Real Property for Michael McDonald and Thomas
countryif!.~~~~;,~ Motion pass~~~O.;'
E.~~!!or Subdivi~n
-~.m..:::.?;; Appli~~it: George Danser
'~;~:::.:~~eafiiin: 5840 Christmas Lake Road
Director Nielsen explaip,S'd the request for minor subdivision for George Danser, 5840 Christmas Lake
Road, was originally presented to the Planning Commission at the October 4, 2005 meeting. He reviewed
highlights of the applicant's request. Because of the number of issues that needed to be resolved at the
October 4, 2005, meeting, the application was continued to the November 1, 2005, meeting. At the
November 1 meeting, Danser stated a number of the issues had been resolved; however, he had not
provided City Staff with updated plans. Since the October meeting, the property owner to the south had
provided information indicating that the common property line might be 12 feet further to the north than
that shown by the Dansers' surveyor. The application was continued to the November 15,2005, Planning
Commission meeting to provide the Danser family time to determine how they wanted to move forward
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 7 of 11
with resolving the outstanding issues, including the common property line dispute. This case was
continued to the December 6, 2005, Planning Commission meeting at the request ofthe applicant. Danser
did not appear at the December 6, 2005, Planning Commission meeting. The Commission agreed to
continue this case to the January 3, 2006, Planning Commission meeting. Danser did not appear at that
meeting, nor had he submitted plans for resolution of the outstanding issues.
Director Nielsen stated the Planning Commission was no longer clear on what revision of the application
it was considering. The Commission reached consensus the application under consideration was the
original application.
"*",,,*~"">
Director Nielsen stated the Planning Commission unanimously agre~erecommend the denial of the
original request for minor subdivision for George Danser, 5840 Chf!~ffi1as~~oad.
~~:;::~::::.d, Wellens seconded, Denying the or~quest for~r Snbdivision for
Director Nielsen stated the denial of the application W6&1~t prohi'mtthe applicant fr6iij;~~:::~pplying for
the minor subdivision immediately. '~:;j~:;::\' (#'::
Motion passed 5/0. ~..' _
,,,---
"w'''''''AA'<'fflffl> 4~
'_"W'~"_'
9.
GENERAL/NEW BUSINESS
,,,,.-
Appointing MCE, LMCC, and!:MC]~it>;i~~j;!!~~!~s~ntatives
;~:::~~;;~:::::';:~~-::::--- , ""::::::::::::::;"<;:',~ """:::~iii:ii::::~i;;
Callies moved, Wellens.!iii~nil~~~pproving RE50LUTIONNO. 06-009, "A Resolution Making
an Appointment of ffi Shaw:!,!: the Minnefij.aka Community Education (MCE) Advisory
Council". Motion p."mijj~/o. ~ \. ..~.::
8"~~<_ """''''';;;;;:
_---::.:::.--:.:__ (""<"0",,,,,,, ,Co,,,,,,,,,
~-_ '''<<<<-(<<~'", ii'"
Council requ:~led.Aq~inistratQ~;~~~~~!~Ftequest for Mr. Shaw to provide Council with a
report on thSt:iitus:ii~i~s w{trt~~%MCEattne=end of the 2006 school year and again at the end of
?alend~t::~~ 2006, aria:::t~g~ite Ex~~~e ~.irector Tim Litfin to update the Ci~ Council at a meeting
m Ag~~6,Z\\:;'j:j':::;"
"~ '--'--:---::. ~~~
-- --
Callies mo~~urgeon seco\t(~d, Approving RESOLUTION NO. 06-010, "A Resolution Making
an Appointnii:~:~f Patrick;J:todapp to the Lake Minnetonka Communications Commission
(LMCC)". Motioii~~~~ed 5/0:1..;
Callies moved, Lizees.aed, Approving RESOLUTION NO. 06-011, "A Resolution Making an
Appointment of Tom~:Skramstad to the Lake to the Lake Minnetonka Conservation District
(LMCD)". Motion passed 5/0.
A.
B. Appeal Deadline - Notice to Remove
Applicant: Peter Bofius
Location: 6080 Chaska Road
Director Nielsen explained that in response to a neighborhood complaint, staff had sent a "Notice to
Remove" to Mr. Peter Hofius who owns the property at 6080 Chaska Road. Mr. Hofius had appealed for
CITY OF SHORE WOOD COUNCIL MEETING
January 23, 2006
Page 8 of 11
additional time to correct the violations. Nielsen stated Mr. Hofius had demonstrated a good faith effort
to comply with the City Code by removing some of the Code violations, but requested an additional 30
days to address most of the items. Hofius also requested until Spring 2006 to remove an old fence and
some brush because they are frozen into the ground.
Director Nielsen stated Staff recommended the additional 30 days be granted and the deadline to remove
the fence and brush be no later than April15, 2006. He noted there have been similar removal extensions
granted because of winter conditions.
"W)',W,':'~:"""':'~"
Callies moved, Wellens seconded, granting Peter Bofius an addiJjgn~'i"~ days to remove the
nuisances from his property at 6080 Chaska Road and establishi~ .- line of April 15, 2006, for
the removal of a fence and brush as specified.
"""",. --
Discussion ensued regarding the growing number of prq~~!~s;;with unsi~.nuisances. Director
Nielsen explained Staff does not go out in search of sulpropeities, but if StMf:~as conducting an
inspection on a property and observed unsightly nuisa~s, Staff would issue a "N~o Remove" to
the property ~::::::::::..~. ~,,=:rJ
. ~. -;::::::;:7.:.";;:::",,;!:-~ .;~~:;;.
Motion passed 5/0.
c.
Tax Forfeited Land
:. -,:~~~ti~~~:;~:::::;::;:~<;':;;;;"""""" " ~,~:~
Director Nielsen explained two parcels of land::1g~at~~~R,fl~.:~?uth side~T'Smithtown Road had been of
interest to the City for drainage and conservationpurpo~~t~S111~.{\,plained the State had first right of
refusal at such parcels, fol~2~' Jzy the CountYj::~!l1e1rby th€;::~~:' and finally the public. He stated
because the parcels were~~tla~els, the Depa~ent of Natufal Resources exercised its right to the
parcels but had now wi1i~~rawn. IIiiif~:grn explained ~.~ parcels were again available for the City to gain
control. ;r-;:::;;:::' "~mm~
Lizee moved,.~les sec(jii~:!~~:~](ppr~~;.;E!SbLUTION NO. 06-012, "A Resolution for
Applicatio~r€o~~g:~e of~orfeited.fJitnds for Public Purposes".
~::::::::::::;;;'" ,~,,;:_:_:::~::-::<::~-_ .":-- '_ ;"'<~;;';f:~:;';
In respcf~~ to a question frtl~ouncirnil~m~t Wellens, Director Nielsen stated there was no cost for the
parcers ~d. He also stalill:J;he par~ls could only be used for public drainage and conservation
purposes. '. ~'-:'::~m..:::~~7
In response to a qii~i<:m from;~uncilmember Wellens, Attorney Keane explained wetland credits were
only issued for creafF';; w ~etlands or restoring a wetland.
_Yo
Director Brown stated jiRe parcels were good parcels to acquire for the intended purpose, and not all
parcels are worthwhile acquisitions.
Motion passed 5/0.
10. ENGINEERING/PUBLIC WORKS
A. Set Date for Public Information Meeting - Amesbury SE Area Water Connection
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 9 of 11
Director Brown stated the interconnection between the SE Area Water System and the Amesbury Water
System was near completion. He then stated Council approved the extension of municipal water from the
proposed water main at the intersection of Manor Road and St. Albans Bay Road, along Suburban Drive
to the Parkview Crossing subdivision, as a City project at an October 10, 2005, City Council meeting.
Director Brown noted Council had directed that all properties along Suburban Drive be surveyed to
determine their desirability for City water.
Director Brown stated Staff recommended February 9,2006, at 6:30 P.M. b~t:flS the date and time for a
public information meeting to discuss the above matter. -'.
@-
-
Turgeon moved, Lizee seconded, establishing February 9, 2006,aSO:3{j~M as the date and time for
a public information meeting to discuss the feasibility of the'lStension::i~1:water along the entire
length of Suburban Drive. Motion passed 5/0. ....... ':;:;. .;
B. Discussion on County Road 19 cos::.~~~~ctions _'__ .w
This item was deleted from the Agenda for the evening. . ...#70~. . Ww'
C. Designating Apple Road ~~...a MSA roadway'('5..item was moved from the Consent
Agenda [Item 3E])': ._._ . .:;~::;:
'",:",',:"""",>~-- '~:,:,:::::::::::::::"':::"'~
(;~:~~' '~: <:_ -:-:_uu:_~{:::::~;':>::::,;:""""" ""':;;;;;;;:::;:;::::i:~~~@~:~;~~~:w
Councilmember Turgeon explained the reason S:J1e w1tl1t&1~tl?:~~tem remo:gea from the Consent Agenda to
express her concern with the City's obligati~ to t:f)fi~iriJ::!:etf),g.6ad after Chanhassen im:eroved
Yosemite Road, when the C~~~~t have the fu~!~rMSAra~~iay improvements.
:~;:~-'~-":;~:~~~f:,~:m~_ __, -~
Director Brown stateq~~'ny of tii6";~ity's MSA r'Qadways do not meet current MSA standards. He
ex:elained there wereStiiii3Ynds av~ilable for impro~e.nts to MSA roadways :erovided the u:egrades
would satisfy MSA standar~~e thffi.::~:~~~qthat Cha~iassen's Yosemite Road, the southerly extension
of A:e:ele Road~~~g~lerioratiITij~:.:~[c.f5an:lii[~~:~:~~;::~ watermain replacement project planned adjacent
to A:epIe R~~Tiri~~t11ained~1iIis~atermalnrepl~cement would help the City resolve the W oodhaven
Well iss,,uSHe stated e~~~sen ~t~~ to....use State aid funds to improve Yosemite Road. He then
state<t:~IiiaDhassen would Tii~[~ have 1a~:e!:lir Yosemite Road whether or not it was classified an MSA
:~~~"'<\:;~~~:::::::~::::7~;,> ^-:::';::;::~::::::L ~~;:;
roao\Vay.":::":~~;;::::'~ :'
\~~:~(::::::::___ ~:~___ m~:_; ,:_
Director Bro~ed designa& Apple Road as an MSA roadway would not negatively impact the
residents along~tfii~aoadway. e acknowledged the City's State Aid account for MSA roadway
improvements wasa!~~e~H5ut he noted designating Apple Road and MSA roadway would add
approximately $9,000'1iii~ar to the City's State Aid revenues. Designating Apple Road an MSA
roadway would not reql!1Te the City to make repairs to the roadway.
In response to a question from Councilmember Callies, Director Brown explained if a secondary roadway
(e.g. Apple Road) connects with another State Aid roadway or a County highway, the secondary road can
be classified an MSA roadway. Once a roadway is designated an MSA roadway there are reimbursement
funds available for road repairs.
Director Brown explained the changes in State aid roadway standards regarding the "clear zone".
CITY OF SHOREWOOD COUNCIL MEETING
January 23, 2006
Page 10 of 11
Wellens moved, Lizee seconded, Approving RESOLUTION NO. 06-013, "A Resolution
Establishing Apple Road as a Municipal State Aid Road". Motion passed 5/0.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. Gideon Glen
Director Brown stated the wetland restoration portion of the Gideon GI~~;1flfoJe2twas scheduled to start
the week of January 23, 2006. The first activities involve grading in thsi~.!:isS road down to the pond site
and grading along the south property line. He then stated there w<?!:J:~n(j~~~ny additional tree removal
on the site, and the restoration of plantings would begin in Spij~g 200(i1ija~~.. the grading had been
completed. .m::t>>"c, .................... ~~;;:...:..~
,'~- --~~ """""""':"::_;::"'~:::>-:-:--
B. Mayor & City Council>~--.~ ___ d;'
=>~:::::::::;:~::::::r:->::-:_-- ~__ -: ,~--::----~--::_:--_:---:-
Mayor Love stated the EFD Governing Board selected~~'lJty~..ilnd Shorewoqtiw resident Dana
George to fill the position of Interim EFD Fire Chief for i:~~~~[ not to exceed six months. He then
stated the Board had listened to firefighter~put to the fire chie. tion process at a January 18,2006,
Board meeting. He noted there was an EFD'.~SIPing Board sche' for January 25,2006, to discuss
the hiring selection process, and he stated th~~l.s~opld like to en 'lrefighters to apply for the
position. Love stated both the Board and firefiiP.tersiij~~ized the n for the new fire chief to live
within a to-be-determined call time from the W es~1itation~1;;:;::::' .
<""'"""""',W_-
""'- ~-- ._- ~~;~~"(=
Mayor Love then noted th.~Ielig(:l:~~~!J:a meeting o~e SLMPD eoordinating Committee on January 18,
2006. Administrator I?~on state~e Coordinatiij~:.Committee agreed with SLMPD Chief Litsey's
recommendation to pirrsl:4.!;;kUe hirin~f another polic.C;.OFfice later in 2006 which means the SLMPD
would be down an officer liiltii:.the nei:officer was hir~i~;;:
'" ;~; >~~~~::_~_~-"(_ 'w;w ;",.;.,; ;.,; ,:,',;;;;;;;;;; ,:,:,',:,',';W:"" c ;~
Councilme~~~l~:~~~~d Dif~~g[ Brown status update on the signage designating the hours
when tulJ1:S are not pe~l:l~ at the::i:B:~Fsection of Old Market Road and Broms Boulevard and at the
other.~~fthat roadway. Bici.:wn stat~a:!i~.would research the matter as he thought all of the signage had
_____:.::::_:__:..::_.:__ _-:oo_:.::::::::::__ '~w-(,,<)'
beerf;2om~~~ ~ ~: <<w
Councilmemb~~lens provi~ an update from the LMCC meeting regarding LMCC-wide wireless
communications.'~oted so11i1 of the potential benefits of a wireless network, as well as some of the
liabilities.' .~~:: .-~
Mayor Love recessed t~~egular City Council meeting to a City Council Work Session meeting at 8:47
P.M.
12. RECESS TO EXECUTIVE SESSION - ATTORNEY DISCUSSION RE: SLMPD
ARBITRATION STRATEGY
Mayor Love called the executive session to order at 9:45 P.M. All Councilmembers, Attorney Keane and
Administrator Dawson were present.
CITY OF SHORE WOOD COUNCIL MEETING
January 23, 2006
Page 11 of 11
Attorney Keane discussed strategies related to the arbitration on the allocation of operations costs for the
member cities of the South Lake Minnetonka Police Department.
The Executive Session was concluded at 10:33 P.M.
The City Council reconvened in regular session at 10:34 P.M.
13. ADJOURN
Wellens moved, Turgeon seconded, Adjourning the Regular City
2006,10:34 P.M. Motion passed 5/0.
of January 23,
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Craig W. Dawson, City
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, JANUARY 23, 2006
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
8:00 PM or Immediately Following
Regular Council Meeting
MINUTES
1. CONVENE WORK SESSION MEETING
Mayor Love called the meeting to order at 9:08 P.M.
A.
Roll Call
Present.
,~,
Mayor Love, Councilmembers Callies, Lize~t.. Tiigeon,aij.~.~ellens; Administrator
Dawson; Attorney Keane; Finance DirectoIj~u~ri~"Director~~~~blic Works Brown;
Planning Director Nielsen ,," , 'T'1~:;:
"","""Co,"
Absent:
None
B.
Review Agenda
"*"_ C"",<,c<cc
"":""''''~_'<<''''''''''C
'-,,,,,,,,,
'<<'-',,='m,
Mayor Love reviewed the Agenda for the me~~~.._"."...
~~- ,:_~t~;~:;:::::::~::;;;~~~::-;,;>_,_~ --<<0<<:':_:_:::::::'_~;'::~7';;
Lizee moved, Turgeon seconded, Approving th.e Agen:i~;t~r.resente~otion passed 5/0.
2. CITY ENGINEER~~fil:lION ..~,,:i~~IEEf ...
>c",...'.'."."<<"""-,,,,,_.
",,::::::::::::::::))""""""""""">-w''''~7J:;=~, ~ <:;
Administrator Dawso~.siied duringjI~~~ concluding ~~cussions regarding the 2006 Budget in December
2005, Council requesf~J~~F;~isit th~an to have a fut~~~~Jlle, in-house City Engineer, and specifically to
review the costs associated'~~~~t s:~~d to outsoll,!cing the engineering services. He stated Council
had authorize4.~~~~!ion of..~::l~iiecf6E.i[~~.~~~orks/City Engineer position into two full-time
employee . .n~.~TI~~~.appi6wh~f the 2005 tJildget. Dawson stated the City had made two offers in
2005 tha ad been accept~d;....;md iIT.:~~ instances the applicants had later withdrawn their acceptance.
He t~eti~;~~plained the deffi~for eIig~i~~l'~ was very high which made for a tight market from an
employe~~h~ective.ms ow"'"
Administrato;1t.son stated t~ engineering work load was extensive enough to warrant a full-time
engineer on Staf . xplaineQ:the justification for a full-time engineer position and a full-time Director
of Public Works ha ~~~ed since the justification was originally prepared in 2004 (as outlined in
the Restructuring withiiii;g:i;j:l1ic Works Department memo dated August 5,2004).
Administrator Dawson explained WSB and Associates, Inc., had submitted a proposal to provide the City
with Consulting Engineering services. The proposal states the City would retain the services of Mr. Steve
Gurney with WSB to work on City business at City Hall four days per week for a cost of $7,500 per
month (which calculates out to be $90,000 per year for an 80% full-time equivalent). He stated the fully-
burdened annual cost for a full-time City Engineer would be $90,000.
Director Brown related the extensive overtime hours he had worked over the past three years, and noted
that because the City Engineer position is an FLSA-exempt position he is not compensated for the
overtime hours. He also stated he had forfeited weeks of vacation for a number of years because of his
work load demands.
1#2C I
CITY OF SHOREWOOD WORK SESSION MEETING
January 23, 2006
Page 2 of 3
Director Brown explained prior to his joining the City Staff, the Public Works/Engineering services full-
time headcount was 12, which included the two Munitech, Inc., utility operators, plus three part-time
seasonal employees. He stated his addition to the staff brought the full-time headcount to 13. He then
stated today the Public Works/Engineering services full-time headcount was 10 plus 2 part-time seasonal
employees. Brown explained utilities services were now provided by City, and there were additional
workload demands that had resulted from things such as homeland security and NPDES II mandates.
Director Brown then listed a few of the projects that had consistently been PQstponed because of the lack
of staff. Director Brown stated contracting with WSB for engineering sen:~:()!1 a retainer basis was an
interim solution to the workload issue. ~=?;2i" '"
Mayor Love stated the discussion before Council was the city en~~r pa~i!im, how to fill the position,
and whether Council should to change the direction it had previQuS1iset.':~;;:"
-:.::::::-.::::.;:-:::.>:-:-- ~ - -_:_~;~~:;::~~::~
~ -~ "~":'::"'::::;";~:'~,:"",
Councilmember Turgeon stated she supported separat:~ty Engineer and Dire6f~;;;J:)f Public Works
positions. She suggested the City retain the contract se~s of Mr. {Jurney (who kno~i~~Staff and the
needs of the City) for one year and at the end of tht'Y;;E~aluateitn;;lt, if any, adjus~ents should be
made in the responsibilities of each position and determlire~i~~:!g~~::Woi'kload warrants/a full-time City
Engineer on staff."2~
_c<<",,,c
Councilmember Lizee expressed her confici~~~r. Gurney. Slli,~~?ught Council should honor its
commitment to a full-time City Engineer pos1Qpn;Sil:::illtted Councifnf:eaea to consider the value of a
full-time staff City Engineer versus the valu~"pfa ~f~~y work-w,ie'k commitment from WSB &
Associates. She then stated there would be a demandQu B~:t!;:,~toWn's time to train the new City
Engineer, but the benefits i~!~~.~pl:l~=term would 15~~~ghificant. ~~~~~uggested the City consider a search
firm and that the search he expa~g~ She also staad the interim solution for outsourcing engineering
services to WSB still~~~~~:~o occu~ ~:
"c "
:iiii:::::i~~ptial 10I1~~ty of a full-time employee position and a
~es with either approach, and any investment into
that In ividual or firm chose no longer to continue with the
Councilmember
from WSB.
to rely on the experience of Staff in determining what was
demands, and the City needed a permanent solution to the workload
Discussion ensued
contracted pa
the
he would support the 6-month contract proposal for engineering services
Administrator Dawson explained the intent was to expand the search for a City Engineer to a broader
area, and to contact a search firm with the possibility that the firm would assist with the search effort.
Councilmember Turgeon stated if the demand for engineers was that high the salary requirements for the
City Engineer position may need to be increased. She suggested the proposal for retaining Mr. Gurney's
services be executed immediately.
Mayor Love stated the process of justifying and hiring a full-time City Engineer had been in the works
for two years. He then stated the improved efficiency and accountability of the Public
CITY OF SHORE WOOD WORK SESSION MEETING
January 23, 2006
Page 3 of 3
W orks/Engineering services started when Director Brown came on board. He also stated there had been
problems associated with contracting Utilities services out to Munitech. Love stated there were greater
efficiencies with performing the engineering services internally than with contracting the services out. He
then stated he would prefer the search for a full-time City Engineer continue.
Councilmember Lizee stated that in addition to Mr. Gurney starting in the retainer capacity immediately,
the search for a full-time City Engineer should continue.
Mayor Love stated Director Brown's dedication and commitment was
Christine
City engineering
There was Council consensus that WSB & Associates be retained to
services effective immediately.
Mayor Love stated there seemed to be a commitment from
direction previously set to hire a full-time City Engineer.
any results then Council and Staff needed to identify
position to fruition.
to continue with the
did not yield
the full-time
3. OTHER
There was no other business for
4. ADJOURN
Lizee moved, Turgeon seconded, Adjourning
23, 2006, 9:38 P.M.
Session Meeting of January
Woody Love, Mayor
PAYABLESAPPROVALS
For 02/13/06 Council Meeting
Prepared by: V Date: ~ Ob
Michelle T. N g e, Sr. Accounting Clerk
Reviewed by: ~ ~ Date: &,;;O~~
Bonnie Burton, Finance Director
Date: 02 f)tJ .d
awson, City Administrator
=If 3 /1
PAYROLL APPROVALS
For 02/13/06 Council Meeting
Prepared b';.1fk/1lt7. ~i1v~ .-- Date: 02)9 /~
Michelle T. Ng y , Sr. AccountIng Clerk
Reviewed by: ~~. Date: a;;b~k/:-
Bonnie Burton, Fi nce Director
Date: tl2.p'1. P-6'
awson, City Administrator
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cilyhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
DATE:
February 6,2006
TO:
Mayor and City Council Members
Jean Panchyshyn, Executive Secretary/Deputy Clerk :Sf
FROM:
CC:
Craig W. Dawson, City Administrator/Clerk
RE:
TEMPORARY GAMBLING LICENSE - Our Lady of the Lake Church
Our Lady of the Lake Church has submitted an application and appropriate fee for a Minnesota
Lawful Gambling Permit. Their "Starlight Ball" event is to be held on Saturday, April 29, 2006,
at the Minnetonka Country Club, 24575 Smithtown Road. Proceeds from the event will be used
for the Parish Elementary School.
COUNCIL ACTION
Adoption ofa Resolution approving the Temporary Gambling License for Our Lady of the Lake
Church for gambling activity to take place on April 29, 2006, at the Minhetonka Country Club,
24575 Smithtown Road in Shorewood
.#-3C
n
" . PRINTED ON RECYCLED PAPER
..,
CITY OF SHOREWOOD
RESOLUTION NO. 06-
A RESOLUTION APPROVING
A TEMPORARY GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of
certain gambling activities in the City; and
WHEREAS, the City prescribes certain restrictions concerning eligibility for such
licensing and application, whereby the licensee will hold the City harmless for all claims
arising out ofthe granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for such a
license and has agreed to all terms and conditions of the agreement contained in the
license.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a single temporary license for the conduct of gambling as specified in the
terms and conditions of the license be issued to Our Lady of the Lake Church.
Said gambling activities are to be held on Saturday, April 29, 2006, at the
Minnetonka Country Club, 24575 Smithtown Road, Shorewood, MN 55331.
ADOPTED by the City Council of the City of Shorewood this 13th day of
February, 2006.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
Organization Information
Organization legal name . C ~ Previous Xnse or exemption number, if any
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Name of chief executive officer (CEO)
Fir name Last name Daytime phone number
,'c.lII '15d-~f' ~xt.) 'oj
A h\'d\I'~'l"rG.t-or at- OLL
Type of nonprofit organization (check one)
D Fraternal ~eligious
D Veteran D Other nonprofit organization
Type of proof of nonprofit - attach a copy (see instructions)
D Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office
D Internal Revenue Service
D Affiliate of parent nonprofit organization (charter)
Gambling Premises Information
Name of premises where gambling activity will be conducted (for raffles,
t1jDf\~JJ201~_S_Q1!DJi~~mm__~J~1___
Address (do not use PO box) City
~ L/s15' Sf'Vl;flJIDJfI RJ. 6~ O( 0 tL
Date(s) of activity (for raffles, indicate the date of the drawing)
!J ;/ dDDb
at indic te the type of gambling activity your organization will be conducting:
G"*Singo D Raffles (3/'Paddlewheels Q..>pull-Tabs Q-Tipboards
Minnesota Lawful Gambling
LG220 Application for Exempt Permit
An exempt permit may be issued to nonprofit organizations
conducting lawful gambling activity on five or fewer days, and
awarding less than $50,000 in prizes during a calendar year.
Fee $50
Page 1 of 2 11/04
For Board Use Only
Fee Paid
Check No
~"6
-51-q( /;
list the site where the drawing will take place)
Zip code
County
f./eM~ ;
s..::; 3~ I
'Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball
selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed
distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors. Or call 651-639-4000.
This form will be made available in alternative
format (i.e. large print, Braille) upon request.
The information requested on this form (and
any attachments) will be used by the Gambling
Control Board (Board) to determine your
qualifications to be involved in lawful gambling
activities in Minnesota. You have the right to
refuse to supply the information requested:
however, if you refuse to supply th is
information, the Board may not be able to
determine your qualifications and, as a
consequence, may refuse to issue you a
permit. If you supply the information
requested, the Board will be able to process
your application.
Your name and and your organization's name
and address will be public information when
received by the Board All the other information
that you provide will be private data about you
until the Board issues your permit. When the
Board issues your permit, all of the information
that you have provided to the Board in the
process of applying for your permit will become
public. If the Board does not issue you a
permit, all the information you have provided
in the process of applying for a permit remains
private, with the exception of your name and
your organization's name and address which
will remain public.
Private data about you are available only to
the following: Board members, staff of the
Board whose work assignment requires that
they have access to the information; the
Minnesota Department of Public Safety: the
Minnesota Attorney General; the Minnesota
Commissioners of Administration, Finance,
and Revenue; the Minnesota Legislative
Auditor, national and international gambling
regulatory agencies; anyone pursuant to court
order; other individuals and agencies that are
specifically authorized by state or federal law
to have access to the information; individuals
and agencies for which law or legal order
authorizes a new use or sharing of information
after this Notice was given; and anyone with
your consent.
Page 2 of 2
11/04
LG220 Application for Exempt Permit /\ 1
Organization Name OUr ~ rfr~.e U ~ ullrJri
Local Unit of Government Acknowledgment
Chief Executive Officer's Signature
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the
financial report will be completed and re to the Ga~g^contro~ard within 30 days of the date ,of our gambling
activity. Jl V~1 . _.... 11_ A JJ .
Chief executive officer's signature ... . )..-t/ \A..L.)" J LA C!-
k?~J DN iM
If the gambling premises is within city limits, the
city must sign this application.
On behalf of the city, I acknowledge this application.
Check the action that
the city is taking on this application.
O The city approves the application with no
waiting period.
O The city approves the application with a 30 day
waiting period, and allows the Board to issue a
permit after 30 days (60 days for a first class
city).
o The city denies the application.
Print name of city
Signature of city personnel receiving application
Title
Date_/_/_
Name (please print)
Mail application and attachments
If the gambling premises is located in a township, both
the county and township must sign this application.
On behalf of the county, I acknowledge this application.
Check the action that
the county is taking on this application.
O The county approves the application with no
waiting period.
o The county approves the application with a 30 day
waiting period, and allows the Board to issue a
permit after 30 days.
o The county denies the application.
Print name of county
Signature of county personnel receiving application
Title
Date__L__~_
TOWNSHIP: On behalf of the township, I acknowledge that
the organization is applying for exempted gambling activity
within the township limits [A township has no statutory
authority to approve or deny an application
(Minnesota Statute 349.213, subd. 2).]
Print name of township
Signature of township official acknowledging application
Title
Date~~_
EUf) If't-/
Date~rJl/2h
Send:
. the completed application,
. a copy of your proof of nonprofit status (see instructions), and
. a $50 application fee. Make check payable to "State of Minnesota".
Complete an application for each
gambling activity:
. one day of gambling activity
. two or more consecutive days of
gambling activity
. each day a raffle drawing is held
To: Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
February 9,2006
RE:
Approval of Agreement for Electrical Services
On a routine schedule, the City hires an electrician to perform the following seasonal items:
Fall and Spring: Hook up and remove the electrical connection to the temporary warming house at
Cathcart Park
Fall:
Bucket Truck and Operator to relamp hockey rink and football field lights
Misc:
Parking Lot lighting relamping and ballast replacement.
Staff has been utilizing Egan Services for this type of electrical work.
During our recent discussions with Egan staff, city staff determined that a discount for services could
be obtained by setting up a periodic schedule and service agreement with this firm. By doing so, the
city will realize a discount for the existing services already being utilized. Attachment 1 is the
proposal provided by Egan Services.
Staffis pleased to report that this will also be applied to the other non-routine service calls that often
arise. !
Recommendation
Staff is recommending approval of the service agreement for electri9al services with Egan Services, as
Qutlined in Attachment 1.
n
'-J PRINTED ON RECYCLED PAPER
#3D
--~-,"~-~,', ;,,'~~~~tA,',Jr,l:,~I, _:,--,,':
,lp,V~l~,.. .1
Buiiding ,mPromi..le~ Kept'''......:.
January 11, 2006
Mr. Larry Brown, PE
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, MN 55331
RE: ATHLETIC FIELD LIGHTS AND WARMING HOUSE POWER.
Dear Mr. Brown:
Thank you for the opportunity to meet and discuss the City's needs in depth with regard to the use of a
boom truck and electrical service for the athletic fields, parking lots and warming house.
Based on our discussions of your seasonal needs, we have put together a service contract which will
automatically generate work orders for light replacement and power hook-up for the city. This will
ensure that our dispatch calls the City representative to schedule the required work at the appropriate
time.
Based on your invoice history and our discussions, we have selected three scheduled visits, averaging
four hours per visit. This agreement will create several benefits for the City of Shorewood. First, it
automatically sets up the required lighting service calls with a total of 12 mans hours per year to draw
on. The billing will be on a regular cycle, in this case a quarterly billing. Contract work is calculated at
discount from prevailing labor rates (10% discount applies). Preventative maintenance calls do not have
an associated hip / fuel charge associated with them (a $50 / call savings).
Additionally, as a contract customer, your information and preferences will be saved in our dispatch
system. This will ensure, per your request, that we have a continuity of primary and secondary
technicians for the City.
Please note that the contract entitles the City to a 10% discount on any other services provided by Egan
Companies. The initial savings on the contract work alone add up to $387.60 for the year. Please feel
free to contact us if you have any further questions.
Sincerely,
fr~R----4
Mike Ramaley /-~/
/'.'
Account Manager/'
Office: 763.591.5588
Fax: 763.595.4346
E-mail: mgr@eganco.com
Attachment 1
mechanical · electrical · systems
Boone Avenue North I Brooklyn Park. MN 55428 I p: 763.544.4131 I f: 763.595.4380 I www.eganco.com
An /.\ff~rmat.)Ye Action/Equal Opportunity Entptoy..~r
Building on Promi.J,e.L> Kept-...-.":
SERVICE AGREEMENT
Date: January 11 , 2006
By and between:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
EGAN
7625 Boone Avenue North
Brooklyn Park, MN 55428
Locations covered by this Agreement:
City of Shorewood
Athletic Fields & Parking Lights
Shorewood, MN 55331
Egan shall provide the following services in accordance with the attached work scope
documents and terms and conditions, which form part of this agreement.
o Planned Mechanical Services 0
o Pressure wash AHU inlet permanent filters ~
o Planned Automation Services
o Comprehensive Automation Services 0
o Web Portal Access 0
Protective Systems Test and Inspect
Electrical Repair Service with Boom Truck
- Pats not included
Plumbing - Annual RPZ testing
Other
. Under this Agreement, Egan will be available for regular and 24 hour emergency service.
. Call 1-866-ASK-EGAN (1-866-275-3426) for service, 24 hours a day.
. Service contract customers will receive preference over non-contract customers.
. Services not specified under this agreement, performed with your authorization, will be
billed at our prevailing service rate, less a 10% labor discount. This discount applies to our
mechanical, plumbing, automation, protective and electrical services.
Agreement Coverage will commence on February 1, 2006 and continue for a term of one
year(s). Purchaser agrees to pay EGAN One Thousand Eight Hundred Sixty Dollars
($1,860.00) per year to be invoiced Quarterly.
Larrv Brown
Printed Nama
Citv Enaineer & Director of Public Works
Submitted By:
s;g~~~~
Mike Ramalev _/~
Printed Name
Buyer's Acceptance:
Signature
Title
Account Manaaer - Service
Title
Date
1/11/06
Date
Page 1 of 3
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TERMS & CONDITIONS (CONTINUED)
i
I "", I
I
Building on Promi..le.l> Kept----)
SOFTWARE SUPPORT
EGAN will maintain the present system within the functional limitations of presently installed hardware and/or
software on the covered equipment. This may include providing software patches, revisions, and/or bug fixes to
software that may be periodically created to maintain present system operations. Third party applications and/or
software including, but not limited to, operating systems, web browsers, local area networks and any labor, software,
and/or hardware required to maintain the present applications and/or implement functional enhancements, will be
the CUSTOMER'S sole responsibility.
CUSTOMER shall be solely responsible for and agrees to purchase any and all hardware, firmware, and/or software
that may hereafter be required to improve performance of the software installed on CUSTOMER'S system. EGAN
shall not be responsible to provide any improvements, functional, operational or otherwise. Third party software that
adds, enhances or improves functional performance of CUSTOMER'S system are excluded under this Agreement
and will be provided when and if available and at CUSTOMER'S expense.
EXCLUDED SERVICE
If replacement of parts is included in this Agreement, EGAN will not be responsible for the replacement or repair of
boiler tubes, boiler sections, refractory, chimney, breeching, refrigeration evaporators, refrigeration condensers,
water and steam coils, heat exchangers, concealed air lines, fan housings, ductwork, water balancing, decorative
casings, equipment painting, disconnect switches, electrical power wiring, water, steam and condensate piping or
other structural or non-moving parts of the heating, ventilation and air conditioning systems.
EGAN will not be required to make replacements or repairs necessitated by reasons of negligence, misuse, or other
causes beyond our control except ordinary wear and tear. EGAN will not be required to make safety tests, install
new attachments or appurtenances, add additional controls, and/or revamp or renovate existing systems with
devices of a different design or function to safety conditions established by insurance companies, laboratories,
government agencies, etc. without compensation.
EQUIPMENT
It is understood that the equipment covered under this Agreement is in maintainable condition and eligible for a
maintenance agreement. If at the time of start-up or first inspection, repairs are found to be necessary, such repair
charges will be submitted for the Owner's approval. If these repairs are not performed, those items will be eliminated
from this Agreement and the price of the Agreement will be adjusted accordingly.
EGAN will not be responsible for equipment for which repair parts can no longer be obtained. In the event it is
discovered that repair parts are no longer available for a piece of equipment, EGAN will notify the CUSTOMER in
writing and this equipment will be eliminated from coverage under this agreement and EGAN shall adjust the price
accordingly. In the event the system is altered, modified, changed or moved, EGAN reserves the right to terminate
or re-negotiate the Agreement based on the condition of the system after the changes have been made.
ASBESTOS
This Agreement does not include the detection, abatement, encapsulation or removal of asbestos or products,
materials or equipment containing asbestos. In the event that EGAN encounters asbestos or an asbestos product, it
has the right to discontinue all work until proper identification and abatement is completed. Also, under these
conditions, EGAN shall receive an extension of time to complete its work and/or comply with its obligations under
this Agreement.
CHOICE OF LAW
This Agreement is made under Minnesota law and shall be governed by and construed in accordance with such law.
Page 3 of 3
Equipment List for
City of Shorewood
Site: City of Shorewood
Athletic Fields & Rinks
5755 Country Club Road
Shorewood, MN 55331
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Building on Promi...ol!JJ Kept .....
Equipment ..... . .
Tag Manufacturer D.escription Model Number Serial Number Location Filters/B_efts
NUl11b:er TVDe .. ..'
Lighting -01 Field lights! Various Pole mounted field lights Athletic fields
Warming house
Page 1 of 1
" /1',' .""..! '
'W'I" JW"I
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!
Building on Promu.u Kept---'
Planned Maintenance Schedule for
City of Shorewood
City of Shorewood
Athletic Fields & Rinks
5755 Country Club Road
Shorewood, MN 55331
Lighting -01
Field lights/ Warming
house
Page 1 of 1
Various
11
11
11
f ~~I
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Building on PromiAelJ Kept-....
Key to Schedule Terminology for
City of Shorewood
MJ Major Inspection
MI Minor Inspection
AN Annual Inspection
OP Operational Inspection
FC Filter Change
CC Coil Cleaning
BC Belt Change
REF Refrigerant Analysis
OC Oil Change
OA Oil Analysis
EDD Eddy Current Analysis
TI Test and Inspect
AT Annual Test
ESA Electrical System Analysis
Site: City of Shorewood
Athletic Fields &. Rinks
5755 Country Club Road
Shorewood, MN 55331
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us '
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Warks
DATE:
February 8, 2006
RE:
Park Coordinator Services Agreement
Community Rec. Resources has provided Park Coordinator Services fot the City since 2003.
The attached letter from Community Rec. Resources indicates their interest in continuing to
provide Park Coordinator Services to the City for the year 2006. They are requesting an increase
in the hourly service rate from $40 per hour to $45 per hour. Although the hourly service rate
has increased, the "not to exce-ed" amount of $20,250 has not increased.
Council Action
Staff recommends approval of the Park and Recreation Coordinator Services Agreement with
Community Rec. Resources forthe year 2006, for the amoun("not to exceed" $20,250.
#3[
,. .
'.oJ PRINTED ON RECYCLED PAPER
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Community Rec. Resources
To: Engineer Brown
From: Kristi Anderson and Sally Keefe, principals of Community Rec. Resources
Date: January 1,2006
RE: Hourly rate increase
Community Rec. Resources would like to take this opportunity to thank the City
and its staff for its unending support of Community Rec. Resources in providing
Park Coordinator services for the past three years. It is with great pleasure that
Community Rec. Resources has continued to provide quality service at affordable
cost to the City.
Beginning January 1, 2006, Community Rec. Resources ",ill increase its hourly
service rate from $40 per hour to $45 per hour. Community Rec. Resources staff
consistently provides the City with efficient productive service. Staff has reduced
the number of hours necessary to perform specified services while continuing to
increase productivity. Since its inception, Community Rec. Resources has not
raised its rates in its work with the City of Shorewood.
Community Rec. Resources does not anticipate a need to re'\.ise the "not to
exceed" amount of $20,250, or 450 total hours as outlined in the Park
Coordinator services agreement for 2006.
As always, Community Rec. Resources appreciates all efforts shown to support
the relationship between the City and Community Rec. Resources. Should you
have any questions, please do not hesitate to contact Sally Keefe at 612-554-
8086. We thank you for your business!
Thank you,
Kristi Anderson
Sally Keefe
Jan IS 06 03:07p
Jan IS 06 02:46p
Kristi Anderson
William f<eef'e
S52-47I-0608
262-966-1940
p. 1
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independent Contractor Agreement
For .PalJ"~';; and Recreation Coordin:ctor Services
TI-ITS AGREEMENT, made this~ day of Jell.\!' c. ~_.. .,2006, by and
between the City of Shore wood, Minnesota, a Minnesota municipal corporation, with its offices
located at 5755 Country Club Road. Shorewood, Minnesota 55331 (the "City'') and Community
Rec. Resources, 1408 Baldur Park Road. Wayzata, Minnesota 55391 (the "Contractor").
B,ECIT ALS
vVHEREAS, the City desires to engage a vendor to pmvidc scrvices 10 assist with the
opcrat:on and management of certain park facilities within the City; and
WHEREAS, the City further desires to enter into an agreement with the Contractor for
the operation and provision of park and recreation management services
NOW, THEREFORE, the parties agree as follows:
I S99pe of Servic.~~. Based on the detailed Scope of Services and Request for
Proposals of2002, Community Rec. Resources will provide (but is not limited to) tield
scheduling, coordination, liaison services on behalf of the City of Shorewood with the various
spons organizations as an immediate pathway to a solution.
a. Utilize appropriate software to schedule field specific uses for the City
Parks.
b. Assist the City of Shorewood with the coordination, preparation. and
execution of seasonal meet.ings with sports organizations.
c. Issuance of agreements in accordance with park policy.
d. Collect, acccjJt, and review appropriate documentation from each
candidate organization.
c. Issuance of"field permits"to utilize facilitics.
f Work with staff to coordinate equity based on City Policy
g. Provide continuity in representation to the Sports Organizations and the
City.
h. Prepare and liistribute quarterly and annual progress reports regarding
field usage and continued improvements to the Park Coordinator Position.
2. t'.l<~S for Profession~I.S~rvices. The minimum estimated time allocation equates
to approximately 150 - 225 Contractor hours each spring and fall period, with additional hours
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262-966-1940
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during the course of the seasons. Additional services, or time, may be requc..<;tcd by the City
during the course of the year, that ar-e beyond the services listed in this }Jroposal and subject to
approval by both parties.
The City sh,:.11 compensate Community Rec_ Resources for completion of professional services
described above including, but not be limited to, the Scope of Services and additional services,
The fees will be set up at an hourly rate in coordination with the City not to exceed $20,25C, or
approximately 450 total hours, for the proposed 2006 time period.
Miscellaneous Expenses:
The City agrees to reimburse Contractor for approved costs incurred for postage, photocopies,
and other materials relative to the services provided at Contractor's actual cost. These costs must
be reimbursed within 30 days of submission of receipts.
3, C-ity's Resoonsibilitv tJLP..r.ovide,
a. Program support with one individual representing the City's interests (i.e.
Director of Public Works or Park Secretary).
b. Payment of all fees and expenses associated with the execution of the
stated tasks.
4. Termination. Either party may tenninate this Agreement, without cause or
reason, upon thirty (30) days' wriilcn notice to the other party. Either party may terminate this
Agreement without notice for cause. "Cause" includes. but is not limited to, dishonesty, failure
to meet deadlines, criminal conduct. or breach of this Agn~cmcnt.
5. ~~tus of Contract91:_ As intended by both parties, this Agreement cails for the
performance of the services of Cont:-actor as an independent contractor and Contractor will not
be considered an employee of the City for any purpose.
a. The manner and means of performance of Contractor shall be entirely at
Contractor's discretion. Contractor is tTee to employ personnel to assist Contractor in
providing services to the City, but such employees shall be Contractor's responsibility
and not that ofthe City, The City shalt not provide Contractor or Contractor's employees
or agents with any benefits from the City such as wo:-kers compcnsatio~ ir:~mrance.
unemployment insurance, health insurance, income tax withholding., or social security
contributions. The City does not control the perfimnance of Contractor and Contractor
accepts all risk of profit and loss flowing from the services provided under :his
Agreement. All expenses, other than pre-approved travel expenses. mus: be borne by
Contractor and shall not be :-eimburscd by the City. Those expenses include furnishing
Contractor's place of work, payroll expenses, taxes. and insurance.
b. Contractor shaH conspicuously identify himself to all persons and
organizations as an independent contractor and shall not represent or imply that this
Agreement authorizes Contractor to act as an agent for. or on behal f of. tht.: City 'Neither
2
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Jan 19 06 02:57p
~rls...l Hnaerson
William K~ef'e
~:;:)o::-"tll-UbUt:l
262-966-1940
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F. 1
the City nor Contractor shall be responsible for any a!,'Teement, representation. or
warranty made by the other, nor shall the City be obligated for damages to any person or
organization for personal injuries or property damage arising directly or indirectly out of
the conduct of Contractor's business or caused by Contractor's actions, failure to act,
conduct or negligence.
c. No taxes shall be withheld from payments by the City to Contractor.
Contractor agrees to pay all taxes associated with payments from the City to Contractor
and shall indemnify and hold the City harmless for any failure to pay necessary taxes on
those payments. Contrat.10r shall provide the City with a :ederal tax identification
number tc.}r purposes of payments to Contractor.
6. IndcmlJj.f.1~<!-!ion_ Contractor agrees to indemnify and hold the City harmless from
and against any and all claims by or on behalf of any person arising from Contractor's actions,
failure to act, conduct, or negligence while performing services pursuant to this Agreement
unless such damage or liability arises from or in connection with faulty or defective materials or
facilities provided by the City.
7. Entire Agreernf<O~. This Agreement contains the entire agreement between the
panics and no amendment hereto shall be valid unless made in writing and signed by the parties.
There is merged herewith all prior and collateral representations, promises, and conditions
concerning Contractor and the City. This Agreement supersedes and nullifies any preexisting
agreements between the parties relating to the subject matter Oflhis Agreement. All agreements
as to payments to be made to Contractor for particular projects must be in writing.
8. ~~verab]e. In the event any portion of this Agreement shall be held to be invalid,
the remainder of the Agreement shall continue in full force and effect.
9. Notices. Any notice required or permitted to be given under this Agrecr.1cnt shall
be sufficient [fit is in writing and sent by registered or certified n:ail to Contractor's resicencc 0:-
to the principal office of the City, which ever shall be applicable.
10. Go_v~rning Law. Thi~ Agreement shall be construed and enforced in accordance
with the laws of the State of Minnesota.
IN W1TNESS WHEREOf, the parties have executed this Agreement the day and year
first above written.
CITY OF SHOREWOOD
COMMUNlTY REC. RESOURCES
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K~0~n-d;;:;;n '~..C- '- ~ I ~~"-
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Sally Keefe 0
By: .'
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3
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE TO ALLOW
IMPERVIOUS SURFACE IN EXCESS OF TWENTY-FIVE PERCENT FOR
NONRESIDENTIAL PROPERTIES IN THE "S", SHORELAND DISTRICT
Section 1. City Code Section 1201.03 Subd. 2. (Zoning Performance Standards) is
hereby amended to read:
"u. Impervious Surface: Except as provided in (4), below, the maximum ratio of impervious
surface to lot area for all lots in the "S", Shoreland zoning district shall be twenty five percent
(25%). The maximum ratio of impervious surface to lot area for all lots that are not subject to
"s" district requirements shall be as follows:"
Section 2. City Code Section 1201.03 Subd. 2.u.(2)(b) is hereby amended to read:
"(b) Measures for the treatment of storm water runoff and or prevention of
storm water from directly entering a public water include such
appurtenances as sediment basins (debris basins, desilting basins, or silt
traps), installation of debris guards and micro silt basins on storm water
inlets, oil skimming devices, and the like;"
Section 3. City Code Section 1201.03 Subd. 2.u.(3) is hereby amended to read:
"(3) Commercial Districts (R-C through C-3), not located in the "S", Shoreland
District: 66%, provided that:"
Section 4. City Code Section 1201.03 Subd. 2.u.(3)(c) is hereby amended to read:
"(c) Measures for the treatment of storm water runoff and or prevention of
storm water from directly entering a public water include such
appurtenances as sediment basins (debris basins, de silting basins, or silt
traps), installation of debris guards and micro silt basins on storm water
inlets, oil skimming devices, and the like;"
Section 5. City Code Section 1201.03 Subd. 2.u. is hereby amended to include:
"(4) Commercial districts (R-C through C-4) and Lakeshore Recreational (L-R):
located in the "S", Shoreland District: 25%. A conditional use permit may be
granted to exceed 25%, provided that:
(a) The proposed development complies with the requirements set forth in
(3)(a-d), above;
(b) The treatment measures referenced in (3)( c), above, shall be consistent
with the National Urban Runoff Program (NURP) guidelines, including,
#3P
but not limited to, the removal of 90% of total suspended solids and the
removal of 60% total phosphorous."
Section 5. City Code Section 1201.03 Subd. 2.u.(4) is hereby amended to read:
"(5) Planned Unit Development (PUD) districts shall be regulated based upon the
various uses within the PUD. Residential portions of the PUD shall be subject to
the provisions of (1) above. Commercial portions of the PUD shall be subj ect to
the provisions of (2) above.
Section 6. City Code Section 1201.26 Subd. 8.b.(1) is hereby amended to read:
"(1) Impervious surface coverage oflots must not exceed 25% of the lot area, except
as provided in Section 1201.03 Subd. 2.u. of this Code."
Section 7. That this Ordinance shall be in full force and effect upon publishing in the
Official Newspaper of the City of Shore wood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
February, 2006.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-2-
CITY OF SHOREWOOD
RESOLUTION NO. 06-
A RESOLUTION APPROVING PUBLICATION OF
ORDINANCE NO. 420 BY TITLE AND SUMMARY
WHEREAS, on 13 February, 2006, the City Council of the City of Shore wood adopted
Ordinance No. 420 entitled "An Ordinance Amending the Shorewood Zoning Code to Allow
Impervious Surface in Excess of Twenty-Five Percent for Nomesidential Properties in the "S",
Shoreland District;
WHEREAS, the City staff has prepared a summary of Ordinance No. 420 as follows:
1. Owners of nomesidential properties within the Shoreland zoning district may obtain
a conditional use permit to exceed a 25 percent impervious surface to lot ratio. The
maximum ratio will be 75 percent.
2. To obtain a conditional use permit, the property owner must construct a drainage
system, subject to review and approval by the City Engineer, that removes
suspended solids and phosphorous from storm water, pursuant to watershed district
standards.
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. 420
clearly informs the public of intent and effect of the Ordinance.
2. The City Clerk is directed to publish Ordinance No. 420 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 13th day of February, 2006.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
AND FOR FROSTAD DEVELOPMENT COMPANY
WHEREAS, Frostad Development Company, LLC (Applicant) has an interest in the real
property located at 23505 and 23575 Smithtown Road in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, the Applicants propose to redevelop the existing property and build a new
office building on the site; and
WHEREAS, the Applicant has applied for a conditional use permit, pursuant to Section
1201.21 Subd. 4.c. of the Shorewood City Code; and
WHEREAS, Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission and City
Council, dated 30 November 2005 and 28 December 2005, which memoranda are on file at City
Hall; and
WHEREAS, Applicant's request was reviewed by the City's Engineering Consultant,
and his recommendations were duly set forth in memoranda to the Planning Director, dated 29
December 2005 and 18 January 2006, which memoranda are on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 6 December 2005, the minutes
of which meeting are on file at City Hall; and
WHEREAS, Applicant's request for conditional use permit was considered by the City
Council at their regular meeting on 23 January 2006, at which time the Planner's memoranda the
Engineering Consultant's memoranda, and the minutes of the Planning Commission were
reviewed and comments were heard by the Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
1. The Subject Property is located in the R-C, Residential-Commercial/Shoreland
zoning district.
2. The Applicants' property contains approximately 91,860 square feet of area and is
currently occupied by a commercial nursery business.
3. The Applicant proposes to remove the existing nursery business and construct a
#39
two-story, 24,000 square-foot office building on the property.
4. The Applicant propose to access the front half of the site with and access from
County Road 19. Access to the rear half of the site would come off Wood Duck Circle.
5. The Applicant propose to construct a landscaped berm across the front of the site.
CONCLUSIONS
A. Based upon the foregoing, the City Council hereby grants the Applicant's request
for a conditional use permit subject to the following:
1. The Applicant must provide a detailed signage plan including all business signs
and traffic control signs to be approved by the Zoning Administrator.
2. The property must be landscaped and the landscaping must be maintained in
accordance with the landscape plan approved by the City.
3. The Applicant must provide cost estimates for all required improvements,
including grading, utilities, paving, curbing, striping and landscaping.
4. A letter of credit in the amount of 1.5 times the cost estimate for the public
improvements, landscaping and fencing is required to guarantee that site
improvements, landscaping and fencing will be completed.
5. Final grading, including a retaining wall along the east side of the property, and
drainage must be approved by the City Engineer.
6. The trash dumpster must be sized according to industry standards and enclosed
with a masonry wall.
7. The use of the site must comply with all aspects of the R-C, Residential-
CommerciallShoreland District, including, but not limited to, hours of operation:
B. That the Mayor and City Administrator/Clerk are hereby authorized to enter into a
Development Agreement with the Developer, which Development Agreement is attached as
Attachment I, attached hereto and made a part hereof. The Developer shall record the
Development Agreement with the Hennepin County Recorder or Registrar of Titles.
C. That the City Clerk is hereby authorized and directed to provide a certified copy
of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
-2-
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
February 2006.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMININISTRATOR/CLERK
-3-
(Insert Legal Description - Exhibit A)
-4-
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
FROSTAD DEVELOPMENT COMPANY, LLC
THIS AGREEMENT, made this _ day of February, 2006, by and between the
CITY OF SHOREWOOD, a Minnesota municipal corporation (hereinafter the "City"), and
FROSTAD DEVELOPMENT COMPANY, LLC., a Limited Liability Corporation (hereinafter
the "Developer").
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit
A, attached hereto and made a part hereof (hereinafter the "Subject Property"); and
WHEREAS, the Developer has made application for a Conditional Use Permit, (the
"Application") with the Zoning Administrator and submitted plans for the redevelopment of the
Subject Property, which matter was considered by the Shorewood Planning Commission at its
meetings of 6 December 2005 and 3 January 2006 and at a meeting of the City Council on 23
January 2006; and
WHEREAS, Developer proposes to redevelop the Subject Property with a 24,000
square-foot office building (the "Project"); and
WHEREAS, upon recommendation of the City Planning Commission, the City Council
did consider and grant approval of the Application as set forth in the Planning Commission's
meeting minutes of3 January 2006, on file atthe Shorewood City Offices.
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
GENERAL CONDITIONS
1.) Conditions of Approval The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in the Planning Commission's meeting
minutes, dated 3 January 2006. In addition, development of the Project is subject to the zoning
requirements of the R-C, ResidentiaVCommercial District, as may be amended.
2.) Improvements 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:
Public Improvements:
(01) Water main laterals or extensions, including all necessary building
services, hydrants, valves and other appurtenances ("Water Main
Improvements ");
Attachment I
Private hnprovements:
(02) Parking lot grading, bituminous surfacing, perimeter concrete curbing, and
striping;
(03) Required tree preservation, reforestation and landscaping, ("Landscaping
hnprovements").
(04) Required fencing;
(05) Storm sewer, surface water drainage and stormwater treatment facilities;
(06) Sanitary sewer connections;
(hereinafter "Private hnprovements")
consistent with: 1) the plans and specifications prepared by Polaris Group, dated 16 January
2006, incorporated by reference herein, 2) the stormwater management plan prepared by Polaris
Group, dated December 2005, incorporated by reference herein; and 3) the Landscape Plan
prepared by DJR Architecture, Inc., dated 23 December 2005, attached hereto as Exhibit B, and
made a part hereof, all subject to approval by the City Engineer and the Planning Director.
3.) 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.
4.) Standards of Construction Developer agrees that all of the improvements set forth
in paragraph 2 above, shall equal or exceed City standards, shall be constructed and installed in
accordance with 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 or his designee.
5.) Materials and Labor All of the materials to be employed in the making of said
improvements and all of the work performed iri connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective orunsuitable, such rejected materials shall be removed and
replaced with approved materials, and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of Developer.
6.) 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 shall be
performed to be completed by 1 June 2007. 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.
2.
7.) As-Built Plan Within sixty (60) days after the completion of construction of the
Public hnprovements described in paragraph 2 above, Developer shall cause its engineer to
prepare and file with the City a full set of "as-built" plans, including a mylar original, an
electronic copy and two (2) black line prints, showing the installation of the Public
Improvements within the Project. Failure to file said "as-built" plans within said sixty (60) day
period shall suspend the issuance of building pennits and certificates of occupancy for any
further construction within the Project.
8.) Easements Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation ofthe sanitary sewer, storm sewer, surface water
drainage facilities and watermains within the plat, and thereafter promptly assign said easements
to the City.
9.) 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. 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.
10.) Traffic Control Signs Developer, at its expense, shall provide standard traffic
control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, and
as directed by the City Engineer.
11.) Occupancy Permits The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2 are completed and approved by the Planning Director and
the City Engineer. A certificate of occupancy will not be withheld if internal parking lot and site
landscaping have not been completed due to weather. All such landscaping shall be completed
no later than 1 June 2007.
12.) 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.
13.) Conveyance oflmpfovements 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 all Public 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.
14.) Replacement All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within two years after
acceptance by the City, shall be replaced by Developer at Developer's sole expense.
3.
15.) 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.
16.) Reimbursement of Costs The Developer shall reimburse the City for all costs,
including reasonable engineering, resident inspection, legal, planning and administrative
expenses incurred by the City in connection with all matters relating to the administration and
enforcement ofthis 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.
17.) 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 that may be
done or furnished by the contractor without such written order first being obtained shall be at its
own risk, cost and expense.
18.) Surety for Improvements - Deposit or Letter of Credit
(01) Public Improvements and Landscaping The Public Improvements set
forth in paragraph 2 and the landscape and landscape buffering
improvements set forth in paragraphs 2 and 25 shall be constructed,
installed and furnished according to the terms of this Agreement. To
ensure that the Developer completes said Public Improvements and
landscaping, submits to the City as-built plans as required in paragraph 7,
and that the Developer pays 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, certificate of deposit or
an irrevocable letter of credit approved by the City in an amount equal to
150% of the total cost of said Public Improvements and landscaping
estimated by the Developer's engineer and landscape architect and
approved by the City Engineer. Said deposits or letter of credit shall
remain in effect fora petiodof one year following the completion of the
required Public Improvements and landscaping. The deposits or letter of
credit for the required landscaping shall remain in effect for two full
growing seasons. The deposits or letter of credit may be reduced in an
amount in the discretion ofthe City upon approval by the City of the
partially completed Public Improvements and landscaping, but in no event
shall the deposits or letter of credit be reduced to an amount less than
125% of the cost of the remaining Public Improvements and landscaping.
Except for required landscaping, such deposits or letter of credit may be
replaced by a maintenance bond at such time as the Public Improvements
have been approved by the City.
4.
(02) Private Improvements The Developer shall provide a letter of credit,
certificate of deposit or cash deposit in an amount equal to 25% of the
total cost of the Private Improvements estimated by the Developer's
Engineer and approved by the City Engineer. This letter of credit,
certificate of deposit or cash deposit shall serve as a financial surety for
site restoration in the event the work on the Private Improvements has
been abandoned for more than 180 days. The letter of credit or cash
deposit may be reduced in an amount approved by the City Engineer upon
approval by the City of the partially completed Private Improvements.
19.) Insurance The Developer shall take out and maintain during the life of this
agreement 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.
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.
20.) Laws, Ordinances, Regulations and Permits Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subj ect
Property and shall secure all permits that may be required by the City of Shorewood, the State of
Minnesota, the Minnehaha Creek Watershed District, and the Metropolitan Waste Control
Commission before commencing development of the Project.
SPECIAL CONDITIONS
21.) Local Sanitary Sewer Access Charges Prior to obtaining a building permit,
Developer agrees to pay to the City local sanitary sewer access charges in the amount of $6000
(5 x $1200).
22.) Stormwater Drainage and Treatment System Developer has proposed to construct
and maintain a stormwater drainage and treatment system as a condition of approval of the
Project. Developer agrees, for the life of this Agreement, to maintain the drainage system in
compliance with City and Minnehaha Creek Watershed District requirements. Prior to issuance
of a Certificate of Occupancy, developer will provide to the City Engineer a maintenance
agreement for the upkeep of the stormwater drainage and treatment system. In the event the
Developer fails to maintain the drainage system on a timely basis, the City may provide written
notice of default to the Developer of any performance deficiency. Failure of the Developer to
correct such deficiencies within 20 days of notice shall result in the City contracting the work to
be done and assessing the Subject Property accordingly. The Developer hereby waives the right
to appeal said assessment.
5.
23.) Hours of Construction Developer acknowledges no equipment, construction
traffic or other construction activity will take place except during the following hours:
Weekdays, 7:00 a.m. to 7:00 p.m. and
Saturdays, 8:00 a.m. to 6:00 p.m.
The Developer agrees to pay liquidated damages in favor ofthe City of $500.00 per day for each
day in violation of the hours of construction provided herein.
24.) On-Site Signage Developer agrees to comply at all times with the on-site sign
regulations as provided in the Shorewood Code of Ordinances and the signage plan for the
Project approved by the City.
25.) Landscaping and Fencing Developer agrees to construct and install not later than
1 June 2007, all required landscaping, landscape irrigation and fencing pursuant to the plans and
specifications prepared by DJR Architects, Inc., dated 23 December 2005. Developer
acknowledges its ongoing obligation to maintain all landscaping and fencing in good condition.
Developer agrees to replace all landscape stock on the Subject Property that dies or falls into
such condition as to require replacement.
26.) Construction Traffic Developer agrees to exercise its best efforts to limit the
amount of construction truck traffic that will access the Subject Property by way of Lake Wood
Duck Circle.
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 $9200 (4.6 x $2000) for the Park Fund.
28.) On-Site Parking Parking for the Subject Property shall be paved, curbed, striped
and maintained as depicted on Exhibit C.
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:
Planning Director
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
Ph: (952)474-3236
6.
To the Developer:
Shorewood City Attorney
c/o LEONARD STREET AND DEINARD
150 South 5th Street, Suite 2300
Chanhassen, MN 55317
Ph: (612)335-7192
FROSTAD DEVELOPMENT COMPANY, LLC.
561 Indian Hill Road
Edina, Minnesota 55435
Ph: (612)280-0912
With a Copy to:
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, 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 any 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 observation
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.) Remedies Upon Default
(01) Certificate of Occupancy Subject to the provisions of paragraph 11, the
City may withhold the issuance of the final certificate of occupancy for the
Project if the Developer causes or fails to cure any of the following: a) a
material breach of a term of this Agreement; b) failure to pay the City
outstanding expenses incurred by the City in the administration of the
Project including, but not limited to reasonable engineering, inspection,
legal and planning expenses; c) failure to pay the City accrued liquidated
damages or civil penalties as provided herein.
(02) Failure to Complete Improvements 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
7.
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. 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 incurred by the City in remedying the conditions creating the
emergency.
(03) Performance Guaranty In addition to the foregoing, 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.
(04) Ongoing Performance 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 project.
33.) Headings Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part ofthe text of this Agreement, and shall not influence its
construction.
34.) 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.
35.) 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.
36.) Construction This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
8.
37.) 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.
FROST AD DEVELOPMENT COMPANY, LLC
CITY OF SHOREWOOD
By:
Its: President
By:
Its: Mayor
ATTEST:
By:
Its: City Administrator/Clerk
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
On this _ day of , 2006, before me, a Notary Public within and
for said County, personally appeared Woody Love and Craig Dawson 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 .
9.
ST ATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _ day of , 2006, before me, within and for said County,
personally appeared , of Frost ad Development Company,
LLC, the Developer, described in and who executed the foregoing instrument and acknowledged
that it executed the same as its free act and deed.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
The Shorewood Planning Department
EDITED BY:
Leonard, Street & Dienard.
150 South Fifth Street, Suite 2300
Minneapolis, Minnesota 55402
(TJK)
10.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION PROHIBITING PARKING ALONG A
PORTION OF WOOD DUCK CIRCLE
WHEREAS, the City has approved a conditional use permit allowing a commercial
office building to be constructed on the property at 23505 and 23575 Smithtown Road, which
property is bounded on the west by Wood Duck Circle; and
WHEREAS, Wood Duck Circle is not of sufficient width to permit parking on both the
west and east sides of the roadway for safe passage of emergency vehicles, school buses and the
general public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that parking of vehicles is hereby prohibited on those portions of roadway described
as follows:
"On the east side of Wood Duck Circle from its intersection with County Road 19, south
to the northwest comer of Lot 13, Block 1, Wild Duck 3rd Addition (5665-67 Wood Duck
Circle)"
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of February, 2006.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
1t 31{.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION DENYING A MINOR SUBDIVISION
FOR GEORGE DANSER
WHEREAS, George Danser (Applicant) proposes, on behalf of his mother, Pamela
Danser, to subdivide the property at 5840 Christmas Lake Road into two single-family residential
lots; and
WHEREAS, the Applicant's request was reviewed by the City's Planning Director,
whose recommendations are set forth is a staff report, dated 30 September 2005 and subsequently
updated on 26 October, both of which staff reports are on file in the Shorewood City Hall; and
WHEREAS, the application was reviewed by the Planning Commission on 4 October
2005, after which the applicant requested to have the matter continued; and
WHEREAS, after two additional continuations during which the Applicant has not
contacted the City, and, after deliberation, the Planning Commission recommended denial of the
requested minor subdivision; and
WHEREAS, the City Council at their regular meeting held on 23 January 2006 reviewed
the material submitted by the Applicant, the recommendation of the Planning Commission and
the Planning Director's staff reports.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Applicant's property is located in an R-INS, Single-Family Residential/Shoreland
zoning district which requires lots to be at least 40,000 feet in area, at least 120 feet in
width and at least 75 feet wide, adjacent to a lake.
2. The adjoining property owner to the south of the subject property has identified a
boundary line discrepancy.
3. The applicant's surveyor provided a survey complying with City standards, with which
the Applicant had questions.
4. Following his request for continuation the Applicant has failed to attend subsequent
meetings at which the matter was being considered.
CONCLUSIONS
a. The original minor subdivision applicant submitted by the Applicant failed to address
issues raised by City staff and the Planning Commission.
413.I.
b. The Applicant has failed to attend meetings at which his application was being
considered.
c. That the Applicant's request for a minor subdivision as set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
February 2006.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-2-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
February9, 2006
SUBJECT:
Consulting City Engineer Services
At its work session on January 23, 2006, Council discussed progress on the City Engineer position.
The City has been unsuccessful in recruiting a full-time City Engineer. For the past couple of
months, Mr. Steve Gurney of WSB & Associates, Inc., has been performing services in lieu of the
City Engineer for two days per week. Staff requested WSB & Associates, Inc. to provide a proposal
for additional Consulting City Engineer Services. The proposal from WSB & Associates, Inc.
provides for Mr. Gurney to perform city engineering services at CityHall fbur days/week at a rate of
$7,500 per month. The arrangement will be evaluated after a six-month period of time, to determine
if any changes are necessary or desired.
Council reviewed this proposal at the work session, and indicated its preference for this arrangement.
Formal City Council action is required t<yaccept the proposal.
Recommendation:
Staff recommends approval of the Proposal from WSB ~. Associates, Inc., for Consulting
Engineer Services as outlined in its proposal of January 19, 2006.
,.
~J PRINTED ON RECYCLED PAPER
#3:J
...
WSB
&: 11s.~'adtrtes. /iIC.'.
Infrastructure _ Engineering _ Planning _ Construction
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763541-4800
Fax: 763541-1700
January 19,2006
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Proposal to Provide Consulting City Engineering
Services to the City of Shorewood
Dear Mayor and City Council:
WSB & Associates, Inc. is pleased to submit this proposal to provide consulting City
Engineering services to the City of Shorewood. As you are aware, WSB & Associates, Inc. is a
full service municipal engineering firm that provides services related to sanitary sewer and water
systems, streets, traffic and transportation, stormwater management, wetlands and other
environmental needs, bridges and structures, and construction services. We are a locally-owned
Minnesota firm that is proud to bring honesty, integrity, and a personal approach to our projects
and clients, along with building and maintaining relationships that go beyond the engineering
aspects of our business.
WSB and the City of Shorewood have had a longstanding relationship, and providing City
Engineering services would further strengthen that relationship and provide an extension of the
engineering services we have been providing for nearly 10 years.
This proposal outlines our understanding of the requested services, describes the qualifications of
our proposed engineer, including a full resume, and discusses a potential fee arrangement.
Understandine: of Need
The current job duties and demands of your Public Works Director/City Engineer have expanded
beyond the limits of the current position, especially with all of the ever increasing new public
works regulations and requirements (NPDES, water system security and vulnerability plans,
SWPPP, etc.). The City of Shorewood decided to split the current position into two jobs by
creating a new position of City Engineer to help manage the workload and, specifically, to
manage the engineering projects.
The City has attempted to add a staff City Engineer to their existing staff for some time, with no
success. Within the engineering marketplace, there is a shortage of experienced Professional
Engineers that are looking to move to a new job. Shorewood is not unlike other cities that are
having trouble filling those engineering vacancies.
Several months ago, in order to help the Public Works Director with the workload demands,
WSB & Associates, Inc. provided a registered Professional Engineer to the City for two (2) days
per week. From our perspective, this worked out well and enabled the Public Works Director to
delegate several tasks and projects to the WSB engineer. This was intended to be an interim
P:IJ.I:.TfEU I'ROPOS..IUioSlwreworxfl1.T1l I'ROP.hmCL'.OI!906.!'DF w~r.,i()",tloc
Honorable Mayor and City Council
City of Shorewood
January 19,2006
Page 2
solution while the City continued to search for a new City Engineer. Due to the difficulties in
filling the City Engineer position, the City of Shorewood has now asked that WSB provide a
consultant City Engineer for four (4) days per week, including attendance at some Council and
Planning Commission meetings as needed. The duties and tasks have not been specifically
identified, but generally, this position will report to the Public Works Director and be responsible
for completing a number of tasks and projects that cannot be accomplished with current staff.
Examples of projects that may be included in the City Engineer duties are:
. Reworking and developing City policies, such as a special assessment policy.
. Managing the Municipal State Aid System.
. Responding to citizen inquiries.
. Resolving drainage or stormwater problems.
. Overseeing project design and construction.
. Analyzing rate studies.
. Map updating.
There may be other duties not listed above under the City Engineer's responsibility, as assigned
by the Public Works Director.
Proposed City Eneineer
Currently, Mr. Steve Gurney, P.E., is serving as an interim staff person and is working two days
per week at City Hall. He has developed an excellent working relationship with City staff and
has taken some of the workload off the Public Works Director as planned.
It would be our proposal to keep Mr. Gurney in Shorewood as the consultant City Engineer and
increase his time to four days per week, reporting to Mr. Larry Brown, Public Works Director.
Mr. Gurney is a registered P .E. with over 13 years of engineering experience. His strength is
stormwater management and drainage projects, along with construction management knowledge
and experience. He is familiar with the City's standards and requirements. Mr. Gurney is
available to take on this role as City Engineer.
SchedulefTimeframe
Due to other additional current workloads of Mr. Gurney, we would request to "ramp up" from
the two days per week schedule to the four days per week schedule over a four-week period,
using the following schedule. We will attempt to expedite this schedule as much as we can.
Week 1 ...........2 days per week
Week 2...........2 days per week
Week 3 ...........3 days per week
Week 4 ...........4 days per week
P: \LE7TER PROPOS..IL'slS/lorell'oodll.TR PRO/'.hmcc:-(// /9(J6-/'DF wmioll.doc
Honorable Mayor and City Council
City of Shorewood
January 19, 2006
Page 3
We would also propose this City Engineer position on a six-month trial basis to enable both the
City and WSB to evaluate the merits or shortcomings of the arrangement. After six months, we
would evaluate the situation with City staff to determine if any changes are necessary or desired.
Proposed Fee
We would propose to charge the City a flat retainer of $7,500 per month for the 4-day week
timeframe. Based on Steve's current experience, he has spent 25% of his time working on
projects and 75% of his time on general City work. The $7,500 assumes that 75% of Steve's
time will be spent on non-project related activities. We have used a reduced hourly charge for
this retainer to account for his working on general City work. Any time that Mr. Gurney works
on other specific improvement projects or development projects that have engineering budgets
would be billed to those projects directly at Steve's current rate of$98 per hour. This cost is
considered outside of the retainer. To further reduce the impact on the City's general fund, the
City could consider allocating a portion of the $7,500 monthly retainer to other enterprise funds,
such as the stormwater fund or sanitary/water fund, as a number of task hours during the month
will be spent on items related to these facilities. WSB will be responsible for holiday, vacation,
and sick leave in addition to training expenses and registration fees.
We would be more than happy to meet with you or your staff to continue the discussion on how
WSB can assist you in providing City Engineer services. We are certainly open to other ideas or
suggestions on how to structure a City Engineer package.
As one of the principals at WSB, and the primary client representative to Shorewood since 2000,
I will remain in that role and provide Mr. Gurney with additional support and oversight. Please
contact me personally at 763-287-7195 if you have any questions or comments on our proposal.
Thank you for the opportunity to provide you with this proposal.
Sincerely,
. WSB& Associates, Inc.
David E. Hutton, P.E.
Vice President - Municipal Manager
Attachments
cc: Larry Brown, City of Shorewood
lh/srb
P:\LETI'ER PROPOS..-IIS\Shorell'ood\LTR NW1'.lmlC'c-lJ/ /906.PDF vmio".(Joc
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
RE:
Traffic Restrictions for Broms Boulevard
On May 9,2005 City Council authorized City Staff to make traffic control changes to Radisson Road,
as recommended by staff. To discourage cut-through traffic from the high school, the traffic control
changes included installing additional signs restricting turning movements onto Broms Boulevard
during peak hours.
The approximate locations of the two new signs are shown on the attached drawing. The first sign
prohibits right turns from Old Market Road to Broms Boulevard between 2 PM and 5 PM. The second
sign will prohibit west-bound traffic on Broms Boulevard froni crossing Old Market Road between 2
PM and 5 PM.
Since this is regulatory, Council must adopt a resolution establishing the r~strictions.
Recommendation
Staff is recomme:!lding approval of the resolution that establishes traffic restnctlOns on Broms
Boulevard at Old Market Rqad between 2 PM and 5 PM. A resolution is attached for your
consideration.
,.
f: , PRINTED ON RECYCLED PAPER
...
*,-3K
t
N
@
I 2:00PM - 5:00PM I
@
I 2:00PM - 5:00PM I
II
CITY OF
SHOREV'vOOD
SIGN PLACEMENT
DATE:FEBRUARY9,~
Shorewood , Minnesota
Broms Boulevard
at Old Market Road
CITY OF SHOREWOOD
RESOLUTION NO. 06-
A RESOLUTION PROHIBITING TRAFFIC ON BROMS BOULEVARD AT
OLD MARKET ROAD DURING EVENING PEAK HOURS
WHEREAS, Radisson Road, from Old Market Road to Christmas Lake Road, is a local
residential street not intended to carry cut-through traffic; and
WHEREAS, previous studies have indicated that high percentage of the traffic utilizing
Radisson Road is cut-through traffic.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that traffic movements at Broms Boulevard are hereby prohibited as described below:
1. No right turn from Old Market Road to Broms Boulevard between the hours of 2 PM
and 5 PM.
2. No through traffic from westbound Broms Boulevard at Old Market Road between
the hours of 2 PM and 5 PM.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of February.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
CITY OF
SHOREWOOD
575'5 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
Steve Gurney, Acting City Engineer~
February 9,2006
FROM:
DATE:
RE:
Setting Date for Public Information Meeting Related to
Storm Water Pollution Prevention Program
As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National
Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in
March, 2003.
The public education and outreach requirement of the permit requires an annual public meeting be held
to discuss the Stonn Water Pollution Prevention Program.
Staff is recommending that this meeting be held March 13, 2006 at 7 PM, as part of the regular City
Council meeting.
Staff recommends approval to accept this date. and time forthe Public Informational Meeting. \
#3L
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~ . PRINTED ON RECYCLED PAPER
..,.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
MEMORANDUM
Date:
February 8, 2006
To:
Honorable Mayor and City Council Members
Craig W. Dawson, City Administrator cl> ..
Bonnie Burton, Finance Director/Treasurer ~
From:
Re:
2006 Pay Equity Report
Background
Minnesota cities are required to file a Pay Equity report with the Minnesota Department of
Employee Relations every three years. This report is required by the 1984 Local Government
Pay Equity Act. The City of Shorewood's 2006 Pay Equity Implementation Report has been
prepared and the City appears to be in compliance with the Pay Equity Act, based on certain
statistical criteria.
City Council Action
The City Council is requested to approve, by a simple motion, the 2006 Pay Equity
Implementation Report and authorize its submission to the Minnesota Department of
Employee Relations.
Please advise if you have any questions or if I can be of further assistance.
ft
'o.J PRINTED ON RECYCLED PAPER
#3/1
Pay Equity Implementation Report
Send completed report to:
Pay Equity Coordinator
Department of Employee Relations
200 Centennial Building
658 Cedar Street
St. Paul, MN 55155-1603
(651) 296-2653 (Voice)
(651) 282-2699 (TOO)
rFor Department Use Only
I I
~1048 I
Postmark Date of Report
Jurisdiction 10 Number
Part A: Jurisdiction Identification
Jurisdiction: City of Shorewood, MN
Shorewood, MN 55331
5755 Country Club Road
Jurisdiction Type: CITY
Contact: Finance DirectorfTreasurer
Fax: 9524740128
Email: bburton@cLshorewood.mn.us
Bonnie Burton
Phone: (952) 474.3236
Part B: Official Verification
. The job evaluation system used measured skill, effort
responsibility and working conditions and the same
system was used for all classes of employees.
The system used was: !Consultant System (Specifyl.:!:J
Describe: Modified Princeton Method
e Health Insurance benefits for male and female
classes of comparable value have been evaluated and:
jThere is no difference ~ and
female classes are not at a disadvantage.
e 0 Information in this report is complete and accurate.
O 0 The report includes all classes of employees over
which the jurisdiction has final budgetary approval
authority.
Part C: Total Payroll
1J1,318,724.00 I
is the annual payroll for the calendar year just ended December 31.
o No salary ranges/performance differences.
D Leave blank unless BOTH of the following apply:
a. Jurisdiction does not have a salary range for any job
class.
b. Upon request, jurisdiction will supply documentation
showing that inequities between male and female
classes are due to performance differences.
Note: Do not include any documentation regarding
performance with this form.
o An official notice has been posted at:
City of Shorewood, 5755 Country Club Rd, Shorewood, MN
(prominent location)
informing employees that the Pay Equity Implementation
Report has been filed and is available to employees upon
request. A copy of the notice has been sent to each exclusivE
representative, if any, and also to the public library.
The report was approved by:
City of Shorewood: MN
(governing body)
(chief elected official)
Mayor
(title)
~ Checking this box indicates legal signature by above offici.
Job Class Data Entry Verification List City of Shorewood, MN
5755 Country Club Road
LGID: 1048
Case: 2005 Data Status:
Job Class Nbr Nbr Class Jobs Min Mo. Max Mo. Yrs to Max Yrs of Exceptional
Nbr Title Males Females Type Points Salary Salary Salary Service Service Pay
Administrator 0 M 1062 $5,740.00 $7,205.00 20.00 0 LONG/PERF
2 Director of Public Works 0 M 1030 $5,579.00 $7,004.00 20.00 0 LONGEVITY
3 Finance DirectorlTreasurer 0 F 1025 $5,544.00 $6,960.00 20.00 0 LONGEVITY
4 Planning Director 0 M 923 $5,195.00 $6,522.00 20.00 0 LONGEVITY
5 Liquor Operations Manager 0 M 876 $4,097.00 $5,143.00 20.00 0 LONGEVITY
6 Building Official 0 M 815 $4,071.00 $5,111.00 20.00 0 LONGEVITY
7 Engineer Technician III 0 M 800 $4,061.00 $5,070.00 20.00 0 LONGEVITY
8 Exec.See/Deputy Clerk 0 F 780 $4,010.00 $5,034.00 20.00 0 LONGEVITY
9 Planning Assistant 0 2 F 704 $3,591.00 $4,509.00 20.00 0 LONGEVITY
10 Senior Accounting Clerk 0 F 569 $3,217.00 $4,038.00 20.00 0 LONGEVITY
11 Utility Lead Worker 0 M 560 $3,484.00 $4,252.00 5.00 0
12 Utility Operator 2 0 M 550 $3,273.00 $3,952.00 5.00 0
13 Light Equipment Operator 5 0 M 536 $3,100.00 $3,779.00 5.00 0
14 Assistant Liquor Manager 0 M 534 $2,720.00 $3,416.00 20.00 0 LONGEVITY
15 Parks Secretary 0 F 517 $2,833.00 $3,557.00 20.00 0 LONGEVITY
16 Communications Teeh 0 F 501 $2,722.00 $3,417.00 20.00 0 LONGEVITY
17 RecpetionisUSecretary 0 F 497 $2,615.00 $3,283.00 20.00 0 LONGEVITY
18 Accounting Clerk 0 F 475 $2,470.00 $3,084.00 20.00 0 LONGEVITY
19 FIT Liquor Clerk II 0 M 430 $2,125.00 $2,654.00 20.00 0 LONGEVITY
20 FIT Liquor Lead Clerk B 425 $1,932.00 $2,412.00 20.00 0 LONGEVITY
21 PIT Liquor Clerk 5 3 B 416 $1,625.00 $2,039.00 20.00 0 LONGEVITY
Posting date: January 20, 2006
Jurisdiction Name:
CITY OF SHOREWOOD, MN
NOTICE
2006 Pay Equity Report
This jurisdiction is submitting a pay equity implementation report to the Minnesota
Department of Employee Relations as required by the Local Government Pay Equity Act,
Minnesota Statutes 471.991 to 471.999. The report must be submitted to the department
by January 31, 2006.
The report is public data under the Minnesota Government Data Practices Act, Minnesota
Stafutes,.Chapter13. That means that the report is available to anyone requesting this
information.
This notice is being sent to all union representatives (if any) in this jurisdiction. In
addition, this notice must remain posted in a prominent location for at least 90 days from
the date the report was submitted.
For more information about this jurisdiction's pay equity program, or to request a copy of
the implementation report, please contact:
City of Shorewood, MN
5755 Country Club Rd.r,lShorewood, MN
Bonnie Burton, Finance Dir~etor
(local contact person s name, address, telephone)
For more information about the state pay equity law, you may contact:
Pay Equity Coordinator
Minnesota Department of Employee Relations
Second Floor, Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
Pay Equity Report Notice Worksheet - 04/05
Page 14
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128. www.cl.shorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator di)
February 9, 2006
Approval of Labor Agreement with AFSCME Council 5
The American Federation {)f State, County, and Municipal Employees (AFSCME) Council 5
represents the City's public works maintenance staff. Union and City management representatives
have negotiated a package of terms to recommend to their respective members (public works staff
and City.Council). In actuality, the teams have negotiated amendments to the existing labor
agreement, rather than a totally new contract. The Union membership has approved the proposed
agreement.
Matters relating to labor negotiations prior to final agreement are non-public data. The City Council
has be.en provided with summary memoranda, and it is available for you again in a sealed envelope
with the agenda packet.
If {:ouncil wishes to discuss the proposed agreement, it may do so in closed session. The session
must be audio-taped and made available for two years following the date of final agreement.
Please contact me prior to the City Council meeting if you have any questions regarding the proposed
agreement.
RECOMMENDATION:
Staff recommends that the Council approve the labor agreement with AFSCME Council 5,
representing Shorewood public works maintenance staff.
~ 3tJ
,.
t.J PRINTED ON RECYCLED PAPER
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us
MEMORANDUM
DATE:
February 8, 2006
TO:
Honorable Mayor and Councilmembers .
Bonnie Burton, Finance Directorrrreasurer~
FROM:
RE:
CC:
No-Fault Sewer Back-up Insurance Coverage
Craig Dawson, City Administrator ~1
The City has learned of a new optional insurance coverage called 'No-Fault' Sewer Back-up
Coverage. This coverage will reimburse a property owner for up to $10,000 per building per
year of clean-up costs and damages caused by a sewer back-up, irrespective of whether the
City was negligent or legally liable for those damages.
The new coverage is intended to reduce health hazards by encouraging clean-up as soon as
possible, and is also intended to reduce the frequency and severity of sewer back-up lawsuits.
There are certain exclusions. For example, although a back-up in the City's sewer system
would be covered, problems with the property owner's own line would not be covered.
Further, no-:fault coverage would not apply in several catastrophic situations, such as 100 year
storm events. An informational memo from the LMCIT is attached for further review.
The premium quote for this coverage is approximately $3,800 and to bind the coverage, the
City Council must pass a resolution. The Sewer Fund has resources available for this
coverage.
Recommended Action
If the Council deems it desirable to purchase optional 'No-Fault' sewer back-up insurance, the
attached resolution must be adopted. .
,.
~.1 PRINTED ON RECYCLED PAPER
4i-3tf.
LMC
LMCIT
Risk Management Information
1.A"9'''' III MINa~"''' CtJKr~
O!i,,~ ,..."",fill{) _.U"flN
J
1.45 University A~enue West, St. Paul, MN 55103-2044
Phone: (651) 281-J.200 · (800) 9Z5-112~
Fax; (651) 281-1298 · TDD (651) ~81-J.290
www.lmcit.lmne.org
OPTIONAL "NO-FA'ULT" SEWER BACK.."UP COVERAGE
LMCIT offers propcny/casualty member cities "no-fault" sewer bL\ck-up caverage. This new
optional coverage will reimburse a property owncr for up to $10,000 of clean-up costs and
dama.ges caused by a sewer back-\\p, irrespective ofwhcthor tht: city was negligent or legally
liable for those damages.
This new coverage option is intended to do several things;
.. To reduce health hazards hy encouraging property owners to g~t back-up!' cleaned up as
quickly as possible.
. To reduce the frequency and severity of sewt=t back-up lawsuits. I.e., property owners may be
Jess inclined to sue if they n:ceive conciliatory treatment at the time of the back-up.
. To give cities 11 way to addre~5 the sticky political problems that can arise when a property
owner learns that the city and LMC IT won't reimburse him for his sewer back-up d3.1l'll1ges
because the eity wasn't negligent and is therefor not legaUy liable.
Many cities and their ciLizens may find this new coverage option to be a helpful tool. However,
ies also important ta reali7.e that it's not a complete solution to sewt:r b<.lck-up problems, and that
not evtlfy l)Ossible bll.ck-up will be covered.
Wha.t sewer back-ups would be covered by the 11CW cO\lcragc'!
The no-fault COVef"4ge would reimburse the property owner for s~wer buck-up damages,
regardless of whether the city was legally liable, if the following conditions are met:
.. The back-up must have resulted fron'1 a condition in the city's sewer system or lines. A back~
up caused by a clog or other problem it, the property owneJ"s own line would not be covered.
. It's not one of the situations that's ~"Pecifically excluded in the coverage.
The coverage limit has not been exceeded.
Which situations are exc:luded"
.
Any weather-related or other event for which FEMA assisumce is available;
(K~
/Jdu. ri:0rn s
The no-fault coverage will not applY in several"catastrophic" type situations. Specifically, these
are:
.
Any inte1T\lption in the electric power supply to the city's liewtrr system or to any city sewer
lift station which continues for more than 72 hours; or
. Rainfall OT precipitation that exceeds the amount determined by the National Weather
Service to constitute a IOO-year storm event.
What costs would be covered?
The no-fault sewer back-up covel'age would reimbunle the property owner for the cust of
cleaning up the back-up, and for any damage to the property, up to the coverage limit. FOT
purposes of the city's dcductibles. claims ,mder the no-fault coverage are neated as liability
claims, so the sa.me per-occurrcmce and/or anmlal deductibles will apply.
HuwevC'l', there are ce1'1ain costs that would nOl be reimbursed under the no-fault coverage:
. Any co~ts which have been or are eligible to b~ covered under the property owner's own
homeowner's or other property insurance; and
. Any costS that would be eligible to be reimbursed under an Nrrp t100d insunmce policy.
whether or not the property owner actually has NFIP coverage.
What is the coverage limU'r
The limit is $10.000 per building per year. For purposes of the limit, a structure or group of
structures that i~ served by a single connection to the city's sewer system will be considered a
single building,
Only true ~'no-fault.. claims are counted toward the $10,000 limit. Claims for damages caused by
city negligence, fot wbich the city would be leg-cdl)' Ilable in any case, are not charged against
that limit.
What does it cost?
The premium charge f()r the optional no-fault sewer back-up coverage will be 8.5% of the city's
munic:ipa1Uability premium. The LMClT Board's intent is that this covc:rag:e option be self-
supporting. so we'll be monitoring and ifncccssary adj\.lsting these charges in the future.
2
JAN-10-2006 13:11
KEN JARCHO AGENCY LLP
9528842358 P.05/08
Is every city automatically eligible?
No. The city will need to meet these underwriting criteria.:
. The city must have II policy and practice of inspecting and cleaning its sewer lines on a
reasonable schedule.
. Ifthcre are any existing problems in the city's system which have caused back-ups in the past
or ure likely to cause back-ups, the city m\lst have and be implem~nting a plan to address
tho~e problems.
. The city must have a system and the ability to respond promptly to back-ups or other sewer
problems at any rime (If the day 0:1' week.
. The city must hllve in place an appl'oprintc program to minimi"e stonnwater inflow and
infiltration.
The city must have in place a system to maintain records ofroutin~ sewer clea.ning and
maint~nanee, and of any reported prLlblems tlnd re~pOllses.
We'd stress that in making the underwriting evaluation we're tryIng to focus on reasonableness,
rather than 00 creating very Specific standards. That is, the intent isn't to set an arbitrary
requirement that sewers be inspected and cleaned every six months or every three years or
whatever. What makes sense in om: city with ~ome older and sometimes sagging clay lines
probably wouldn'T. make sense in a city with newer plastic lines, and vice vcrsa. From the
underwriting standpoint, the rl::al concern is that the city has considered iTS own situation and
developed polices, practices, and schedLlles that make sense for its own situation.
How would the D(l~fault coverage work it. we had a sewer back-up that wns C1\used by dty
negligence. and where tbe city was legally liable for the resulting damages'?
If the situation isn't one where the no-fault coverage applies, the city's LMCIT liability covernge
would respond just as it dues now. That is, LMCIT would investigate and ifncccssary defend the
claim on the city's behalf, and would pay the resulting damages if in fact the city is legally liable
for those damages.
The same would be true tor damages that exceed the $10,000 no-fault limit, or for a subrogation
claim a.ga.inst the city by the homeowner's insurance company. The city's existing LMCIT
liability wO\lld respond just as it does now.
What'5 the legal basis for this coverage? Wouldn't it be:.t gift of public funds to pay
damages thllt the city isn't legally liable (01"?
First, as noted earlier, one goal is to help reduce health hazards by encouraging prompt clean-
ups. That's dearly a public purpose and in tho public interest.
3
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CITY OF SHOREWOOD
RESOLUTION NO. 06-
ESTABLISHING LIMITED SEWER BACK-UP
CLEAN UP AND PROPERTY DAMAGE PROTECTION
FOR MUNICIPAL SEWER CUSTOMERS
WHEREAS, the City of Shorewood provides municipal sanitary sewer service to many
property owners in the City;
WHEREAS, on occasion, blockages or other conditions in City sanitary sewer lines may
result in the back-up of sewage into properties that are connected to those City sanitary lines;
WHEREAS, sewer back-ups into property pose a public health and safety concern;
WHEREAS, the City Council desires to encourage the expeditious clean-up of properties
that have encountered sewer back-ups;
WHEREAS, the league of Minnesota Cities insurance Trust is making available to the
City a limited "No-Fault" sewer coverage that will reimburse property owners for certain clean-
up costs and property damage, irrespective of whether the City is thought to be legally at fault;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the City of Shorewood will purchase "No-Fault" Sewer Back-up Coverage from
the League of Minnesota Cities Insurance Trust, subject to the provisions and conditions
provided by the coverage as quoted by the LMCIT.
2. That a certified copy of this Resolution be transmitted forthwith to the League of
Minnesota Cities Insurance Trust.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of February, 2006.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator/Clerk
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 17 JANUARY 2006
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:02 P.M.
ROLL CALL
Present: -
Chair Bailey;. Commissioners Gagne, Gniffke, . Meyer, White, and Woodruff; Planning
Director Nielsen and Council Liaison Turgeon
Absent:
Commissioner Conley
APPROVAL OF MINUTES
. 6 December 2005
Gagne moved, Woodruff seconded, Approving the December 6, 2005, Planning Commission Meeting
Minutes as presented. Motion passed 5/0/1, Bailey abstaining due to his absence at that meeting.
· 3 January 2006
Gagne moved, Gniffke seconded, Approving the January 3, 2006, Planning Commission Meeting
Minutes as amended: on Page 2, Page 3, Page 5 (two instances), and Page 7 change "Woodward" to
"Woodruff'; on Page 2, Item 1, Paragraph 7, Sentence 1 change "would set precedence." to ''would
set a precedent."; on Page 2, Item 1, Paragraph 8, Sentence 3 change "a variance is granted when
there was an element of uniqueness with a property." to "for a variance to be granted there must be
an element of uniqueness with the property."; on Page 2, Item 1, Paragraph 9, Sentence 1 change
"establish precedence," to "set a precedent,"; on Page 2, Item 1, Paragraph 10, Sentence 2 change
"timely," to "time-consuming"; on Page 3, Item 2, Paragraph 3, Sentence 5 change "25 feet" to
"25%"; on Page 4, Item 2, Paragraph 7, Sentence 1 change "lower 25 feet high would require
additional light polls" to "lower than 25 feet high would require additional light poles"; on Page 5,
Item 2, Paragraph 2, Sentence 1 change "dept" to depth"; on Page 5, Item 2, Paragraph 2, Sentence 7
change "He sated" to "He stated"; on Page 5, Item 2, Paragraph 6, Sentence 5 change "be
certification the" to "be verification the"; on Page 6, Item 2, Paragraph 1,Sentence 1 change "a fence
was required to be 6 inches off the property line." to "a fence was required to be inside the property
line."; on Page 6, Item 2, Paragraph 5, Sentence 2 change "standard hours" to "standard business
hours"; on Page 6, Item 2, Paragraph 7, Sentence 1 change "certification the size for the trash
enclosure was sufficient to comply with state stature, and the developer satisfactorily addressed
concerns regarding storm water management should pipes freeze subject to the satisfaction of the
- eity Consulting Engineer." to "verification that the size for the trash enclosure was sufficient to
comply with state statutes, and the developer must satisfactorily address concerns regarding storm
water management should pipes freeze, and subject to the satisfaction of the City Consulting
Engineer's recommendations.". Motion passed 6/0.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
17 January 2006
Page 2 of6
1. DISCUSS 2006 WORK PROGRAM
Director Nielsen stated Chair Bailey and he had met to discuss item that would be considered for discussion
in 2006. He noted Commissioner Meyer had observed the discussion. The items included topics that had
arisen during 2005, and items that had not been completed in 2005.
Nielsen then reviewed the topics on the 2006 Planning Commission Work Program.
J anuarv
. Study/update C-3 zoning district uses
. .. Appoint ChairNice Chair.
. Annual Variance discussion
Februarv
. C-3 zoning district uses continued
. Study/update dock regulations
. Review zoning code relative to parking requireJ11ents (Any amendment to the C-3 zoning
district uses should address required parking for any new uses to be included in the Code)
Cornn1issioner Woodruff distributed Shorewood's Dock Zoning Regulations which contained amendments
he proposed, and he distributed the LMCD's Dock Use Area rules and regulations. He stated either LMCD
Executive Director Nybeck and/or LMCD Chair Skramstad had expressed interest in attending the Planning
Commission meeting when Shorewood dock regulations would be discussed.
March
. Comprehensive Plan - Study of Planning District 6
Director Nielsen stated this would be the continuation of discussion regarding theC-4 District on the east
end of Planning District 6 and could result in changes to the Area Plan for the District. The C-4 District
under review included the Shorewood Yacht Club, the Dredging Company, the Shorewood Nursery, the
Garden Patch, etc. He stated the review and possible modification of the Area Plan would be done in
anticipation of changes.
April
. Review Smithtown Crossing - primarily as it relates to the landscape islands
. .
. .
Director Nielsen stated there was some landscaping that was being done which was included in the Concept
Plan that had been approved. He explained a review of the landscape architect's plan prepared for the City
needed to be completed to identify which, if any, of the plan's components should be incorporated into the
landscape islands design.
Mav-December
. Planning Commission Training - explore alternatives
. Historic Preservation
. Review Planning Inventory - Comprehensive Plan
. Other topics per Planning Commission
Commissioner Woodruff distributed a packet of University of Minnesota College of Continuing Education
Great Conversations sessions to the Commission.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
17 January 2006
Page 3 of6
Director Nielsen stated Chair Bailey and he would work with Julie Moore on developing a historical
preservation program for the City. He explained there was no plan to regulate the preservation of the sites.
The focus of the program would be on creating an inventory of the historical sites, putting the sites on the
City's website, and placing identification markers at each site.
Director Nielsen stated the next review and update of the Comprehensive Plan would be initiated in 2006.
The Comprehensive Plan update process would entail a Planning inventory, which included demographics
and land use, and must be completed by 2008. Nielsen stated the task was a Staff activity; the results would
be presented to the Commission for review.
In response to a question from Council Liaison Turgeon, Directory Nielsen stated the sub-division
ordinance review and update had been completed, and the sign ordinance was on the City Council Agenda
for January 23, 2006. He explained a byproduct of the sign ordinance was sign permits would be addressed
administratively. Nielsen stated the issue of barber poles was addressed as part of the sign ordinance.
Discussion ensued regarding the City's website, its "user friendliness", and the information that was/was
not available on the website.
Director Nielsen stated there was more Planning information available in the Shore Report News Letter
than on the City website. The Commission recommended archiving the Shore Report Planning articles on
the website.
Director Nielsen stated all City municipal code was available on the website; He then explained the plan
was to have the entire Comprehensive Plan and associated graphics available on the website. He stated the
Commission would be provided a with an overview of the website, a review of it's contents, and a
demonstration of how to use it once the Comprehensive Plan has been added to it.
Chair Bailey stated the 2006 Work Plan was a "plan in progress".
Council Liaison Turgeon stated the terms for Chair and Vice Chair come to closure the end of February
2006, and the Commission may want to wait until their March 2006 Planning Commission meeting to select
their new Chair and Vice.
Commissioner White tendered her resignation from the Planning Commission effective February 28, 2006.
Director Nielsen stated Commissioner White's resignation would be placed on the Planning Commission
Agenda for February 7,2006.
Nielsen explained there were precinct caucuses scheduled for March 7, 2006, which was the date for the
March 2006 Planning Commission Regular Meeting. The consensus of the Commission was to reschedule
the Planning Commission Regular meeting to March 21, 2006, which was the date for the March 2006
Planning Commission Study Session. The March 2006 study session would follow the March 21, 2006,
regular meeting if time permits. If the Agenda for the regular meeting was too significant to allow for a
study session following the meeting, a Planning Commission Study Session would be scheduled for March
28, 2006.
2. DISCUSS VARIANCE CRITERIA
Chair Bailey distributed the City of Shorewood Planning Commission Historical Profile of Variance
Requests Heard report. He explained there were only two variance requests heard in 2005. He expressed the
importance of being mindful of variances previously granted or denied to ensure consistency when
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
17 January 2006
Page 4 of6
evaluating new requests. He stated he thought the Planning Commission had become more consistent in the
approval or denial of requests over the last 6 - 7 years. Director Nielsen noted the consistency helps Staff.
In response to a question from Chair Bailey, Director Nielsen stated that for every variance heard by the
Planning Cormnission there are probably 3 - 4 additional requests that never reach a public hearing.
Director Nielsen explained the first thing he tells every potential applicant is the applicant has every right to
work through the variance process, and that Staff and the Planning Commission act in an advisory role with
Council making the final decision. He explained he does not offer any opinion on the likelihood of the
variance being approved. Nielsen then explained when he meets with potential applicants to discuss their
variance requests he will identify alternatives for the applicant to consider, and he also reviews what would
be included in the variance. report for the Planning Commission. Nielsen stated in some situations the.
proposed alternatives are sufficient to meet the applicant'sneeds,andin other situations..theapplicant does
not want to spend their time or money working through the variance approval process.
Chair Bailey noted the Phillippi variance request was granted because it solved a very difficult development
for the neighborhood, not because of hardship. Director Nielsen stated the Phillippi variance request
prompted the Commission's discussion regarding the possible change to variance criteria. He noted the
variance criteria were not changed.
Chair Bailey stated 32 of the 45 residential variance requests heard from 1998 - 2005 involved older
properties that were platted before the current City codes were in effect.
Council Liaison Turgeon suggested Director Nielsen distribute the report to Council.
3. DISCUSS C-3 ZONING DISTRICT USES
Director Nielsen explained the Commission had conducted an assessment of the 4 Commercial Districts
allowable land uses in 2005. He stated the C-2 District allowable land uses were incorporated into the C-3
District allowable land uses, and the C-2 District was eliminated. He stated during the assessment process it
became apparent the C-3 District allowable land uses were outdated and need to be made current.
Nielsen stated Staff had researched several of what Staff considered to be contemporary zoning
ordinances. He explained some of the cities included had a more diverse offering of commercial activities.
Nielsen stated Staff reviewed the land uses from the other ordinances and took the liberty of incorporating
these uses into the City's code for purposes of discussion.
District Nielsen reviewed one possible way of rewording 1201.22 C-3 Subd. 1, the purpose of the C-3
District, and stated the intent of the revision was to provide clarity. He explained the objective of the
"purpose" statement was to provide a general overview of allowable land uses in the C-3 District.
1201.22 C-3 Subd. 1
"Purpose. The purpose of the C-3, General Commercial District is to provide for low to
moderately intense retail or service outlets which deal directly with the customer for
whom the goods or services are furnished. The uses allowed in this district are to provide
goods and services on a limited community market scale and located in areas which are
well served by collector or arterial street facilities,"
Director Nielsen stated Shorewood's C-3 District was intended to provide services to the City's residences
and the community. He noted the Comprehensive Plan stated Excelsior served as Shorewood's downtown.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
17 January 2006
Page 5 of 6
Discussion ensured regarding the "purpose" phrases "moderately intense retail or service outlets" and
"limited community market scale" and how to interpret the phrases; and whether or not businesses such as
CUB and Xcel Energy would fit under the proposed C-3 District Ordinance. There was agreement that the
current C-3 District Ordinance purpose was extremely vague.
Director Nielsen explained a regional shopping center, such as Ridgedale, was an example of the type of
land use that would not be permitted under the proposed C-3 District purpose.
Discussion ensued regarding whether or not there were minimum and maximum lot size restrictions in the
C-3 District, and whether or not lot size or building size could be used as a means to control the size of
commercial. developments. Director Nielsen stated he was not sure if there was a minimum lot size for the
C-3 District, he would need to research it. ..
Director Nielsen reviewed the proposed addition of 1201.22 C-3 Subd. 2.4 to the C-3 ordinance, which was
a criteria for approving or denying a land use not specifically identified in the ordinance.
1201.22 C-3 Subd. 2.4
Uses similar to those enumerated in a. above, but not included in the listing, shall be
subj ect to review and recommendation by the Planning Commission and approval by the
City Council. It is the responsibility of the applicant to demonstrate that a particular use
is consistent with the uses listed above, including, but not limited to, traffic, hours of
operation, noise, signage and the market intended to be served.
The Commission reached consensus on accepting the "purpose" as presented.
Commissioner White stated the revised C-3 District land uses would prohibit approving the Fisher request
for a Zoning Code Amendment to Allow Trade Contractor's Shop in the C-3 Zoning District. She
questioned if it was necessary to exclude that type of land use in the C-3 District. White asked for
clarification from the Commission on what their specific concerns were with allowing a business such as
Fisher's proposed in the C-3 District. She asked if the concern was the outdoor storage, or the look of the
buildings. White asked for distinction between the auto-service businesses nearby, and the Fisher proposal.
Director Nielsen stated the Fisher's proposal was a good proposal, and if there were a guarantee the Fisher's
would always use the site as they particularly propose there would not be a problem. He explained,
however, that trade contractor. shops generally operate. with characteristics similar to businesses in the C4
District.
Discussion ensued regarding the Fisher proposal.
Chair Bailey stated he believed the Planning Commission should focus on attracting commercial businesses
that are more similar to those in the redeveloped Shorewood Village Shopping Center.
Chair Bailey acknowledged the presence of Jeff Williams, who co-owned the property at 24285 Smithtown
Road with the Fisher's. He explained the meeting was not a public hearing, but would grant him the
opportunity to address the Commission.
Mr. Williams explained he was in the heating and air conditioning service / installation business. He stated
the Fisher proposal included eliminating the accessory building and the brown building currently located on
the property. He explained his business would sell furnace filters, etc., and would generate a low volume of
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
17 January 2006
Page 6 of6
traffic. He noted he did make plenums for furnaces he installs, and the construction of the plenums would
be done inside the building. He clarified the Fisher proposal was a concept plan only. Mr. Williams thanked
the Planning Commission for allowing him to address the Commission.
Chair Bailey stated the purpose of the Planning Committee study session was not to reopen the evaluation
of the Fisher proposal.
Director Nielsen then reviewed the proposed revised list of C-3 District ''permitted uses" (as detailed in the
revised 1201.22 C-3 General Commercial District ordinance).
Discussion ensued regarding the "permitted llses".
Commissioners Gniffke and W oodruffexpressed concern with the list growing. They had both attended a -
seminar where the consolidation of allowable land uses was encouraged.
Chair Bailey reviewed what still needed to be addressed at the next Planning Committee study session
regarding C-3 "permitted uses": determine if the approved list is the appropriate way to proceed or should it
be condensed; discuss commercial schools and professional tutoring as a permitted use; discuss the
inclusion of restaurants in the list; and discuss whether or not convenience stores should be a permitted use
or an conditional use.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there were two public hearings regarding a variance and Conditional Use Permit,
and a Text Amendment to allow child day care facilities in the C-3, General-Commercial Zoning District,
as a permitted use, slated for the February 7, 2006, Planning Commission Agenda.
6. REPORTS
. Liaison to Council
Commissioner White reported on matters considered and actions taken at the January 9, 2006, Regular City
Council Meeting (as detailed in the minutes of that meeting).
. SLUC
No report was given for the Sensible Land Use Coalition (SLUe) meeting.
. Other
7. ADJOURNMENT
Woodruff moved, White seconded, Adjourning the Planning Commission Meeting of January 17,
2006 at 9:35 P.M. Motion passed 6/0.
RESPECTFULLYSUBNUTTED,
Christine Freeman, Recorder
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council cl)
Craig W. Dawson, City Administrator ...
February 9, 2006
Amendments to SLMPD Joint Powers Agreement
Back!!:round: The process underway to resolve SLMPD matters involves two integral components:
enactment of several amendments to the joint powers agreement (JP A), and a binding arbitration
panel for the allocation of operational funding of the Department. In sequence, approvl;ll of the
amendments is to precede the arbitration process. Over the past several weeks, however, the
preparation of the amendments has taken longer than anticipated. While the arbitration panel and
process has begun, the hearing is scheduled for May 4, and the approval of the amendments can be
accomplished well before that date.
Preparation: The four cities' attorneys have prepared the Fourth Amendment (since 1998) to the
JPA. They have been reviewed by the four cities' manager/administrators. All agree that the
proposed Fourth Amendment is in a form to accomplish the several amendments to which all four
city councils had agreed in/concept.
The Individual Amendments: There is a long preamble to the Fourth Amendment to document
how and why the parties came to agreement to make several individual amendments. The individual
amendments are as follows:
1. Withdrawal Process
Current Sec. 8, Subd. 1, relating to the duration of the Agreement is deleted. It is replaced
with provisiop.s that:
. Extend the Agreement through December 31, 2023 [note - the bonds for the police
station are retired in 2023]
. Provide for withdrawal from the Agreement
. Require continuation of payments for the bonds until they are retired, or until another
party joins the Agreement
. Clarify ownership interests in the police station
:iFLfA
,.
'.J PRINTED ON RECYCLED PAPER
SLMPD IP A - Fourth Amendment
February 13, 2006, City Council Meeting
Page 2
II. Dispute Resolution
A new Section 11, providing a dispute resolution process, is added to the Agreement. It is
identical to the process approved by the city councils at the end of2005.
III. Cities' Funding of SLMPD Operations
A very confusing Sec. 7, Subd. 2 is deleted and replaced with a more straight-forward,
better-defined process for approvals and default adjustments.
. Current allocations to each City are listed, and it is noted that they will change
beginning in 2007 following the decision in the arbitration.
. The cities' contributions are called the "Approved Annual Operating Budget". Other
revenues may be available for the budget, and are not subject to the allocation from
the cities.
. The base for the cities' contributions for the 2007 budget is $1,556,100 [note - this
was the amount recommended by the Coordinating Committee for 2006]
. If all parties do not agree to the budget by September 1, one of three automatic
adjustments will be made [note-these adjustments are the same as the ones in the
IP A for the Excelsior Fire District]. This adjustment applies only to operating
expenses not governed by wage or benefits increases as required by labor agreements.
The cities must have their contributions increased to fully fund these wage or benefits
Increases.
Status: The Excelsior City Council approved the Fourth Amendment on February 6, and the
Greenwood City Council did likewise on February 7. This matter is on the agenda for the Tonka Bay
City Council meeting on February 14.
RECOMMENDATION:
It is recommended that the City Council approve the Fourth Amendment to the Joint Powers
Agreement for the South Lake Minnetonka Police Department.
FOURTH AMENDMENT TO
JOINT AND COOPERATIVE AGREEMENT
RELATING TO THE EMPLOYMENT OF
POLICE CHIEF AND POLICE OFFICERS
SO AS TO PROVIDE FULL-TIME
POLICE PROTECTION FOR THE CITIES OF
EXCELSIOR, GREENWOOD, SHOREWOOD
AND TONKABAY COMMENCING
JANUARY 1, 1998
THIS FOURTH AMENDMENT is made this _ day of February, 2006.
WITNESSETH:
WHEREAS, the cities of Excelsior, Greenwood, Shorewood, and Tonka Bay,
Minnesota (collectively referred to as the "Parties") have entered into a Joint and
Cooperative Agreement Relating to the Employment of Police Chief and Police Officers
so as to Provide Full-Time Police Protection for the Cities of Excelsior, Greenwood,
Shorewood, and Tonka Bay Commencing January 1, 1998 (the "Agreement"); and
WHEREAS, the Agreement followed previous agreements between the Parties for
the provision of Public Safety through the employment of a Police Chief and Police
Officers dating to approximately 1973 and facilitated the operation of what is now known
as the South Lake Minnetonka Police Department ("SLMPD"); and
WHEREAS, the Parties are in disagreement as to the appropriate apportionment
of the costs of operating the SLMPD and have, as a result, been engaged in a dispute over
contributions to the annual operating budget of the SLMPD that has disrupted the
delivery of police service; and
WHEREAS, the Parties have, through their elected representatives, entered into
extensive negotiation and mediation efforts to resolve this dispute; and
WHEREAS, these extensive mediation and negotiation efforts have resulted in
resolution of the dispute via approval of a Revised Binding Arbitration Proposal dated
December 5, 2005 (the "Proposal") the terms of which call for amendment of the
Agreement to add provisions regarding withdrawal and dispute resolution and for
modification of existing provisions regarding operating budget approval procedures; and
WHEREAS, the terms of the Proposal further provide that the Parties shall
arbitrate the operating budget cost allocation dispute to determine what share of the
operating budget each of the Parties shall bear in the future; and
WHEREAS, each Party has, by terms of the withdrawal clause provided under
this Fourth Amendment to the Agreement, reserved to itself the right to withdraw from
the JP A, and thereby terminate its relationship with the SLMPD and otherwise end any
continuing obligation to pay operations costs thereof if the results of the arbitration
proceeding are unsatisfactory to it; and
WHEREAS, the authority of the arbitration panel authorized by the Proposal and
this Fourth Amendment to the Agreement is limited to determining "an equitable
allocation of costs among the four member cities provided that the ultimate cost
allocation decided upon by the panel may not be based entirely upon tax capacity (ad
valorem) or demand."
NOW, THEREFORE, the Parties amend the Agreement to read as follows::
1. SECTION I. Section 8, subdivision 1 ofthe Agreement is hereby deleted and
replaced with the following:
A. Term of Agreement and Withdrawal.
i) This Agreement shall take effect January I, 1998 and continue
through December 31, 2023.
ii) WITHDRA W AL -- Any Party may withdraw from this Agreement
subject to the provisions below:
a. Written notice of withdrawal must be made by May 1 for
withdrawal commencing January 1 twenty months after May 1.
(1) Notice after May 1 will require the withdrawing Party to
wait an additional year.
(2) Notice before May 1 will not advance the commencement
of the withdrawal; withdrawal will commence on January 1
twenty months after May 1.
b. All capital equipment (that was purchased under the bond)
remains the property of the SLMPD.
c. All officers and staff remain employees of the SLMPD.
d. Any withdrawing Party shall continue paying the same portion
of the ongoing payment the SLMPD makes to retire the debt
incurred in 2002 to finance construction of the police building
as required by the formula in effect at the time of written notice
of withdrawal. A withdrawing Party shall have an ownership
interest in the building commensurate with the percentage its
debt retirement payments (both before and after withdrawal)
are of the total debt retirement payments made by the SLMPD.
The ownership interest shall not include a right of use or
2
occupation but shall entitle the Party to its pro rata share of any
revenue generated through the lease, sale, or other conveyance
of the building. A withdrawing Party's payments on the debt
shall end upon retirement of the debt or upon addition of a new
Party to this Agreement.
e. One-Time Exception. Any Party may withdraw from this
Agreement by providing written notice to the other Parties of
its intent to do so within 60 days after the date of the award
resulting from the operating costs allocation arbitration referred
to in the Proposal is issued. Such notice shall entitle a
withdrawing Party to leave the lP A effective December 31,
2007 without complying with the notice requirements of
paragraph A.ii.a. above but subject to the remaining
requirements in this paragraph A.ii. Upon the effective date of
the withdrawal, a withdrawing Party shall have no further
obligation to contribute to the operating budget for the
SLMPD.
B. Ownership of the SLMPD Facilitv. If this Agreement has expired or has
been otherwise terminated by the time ownership of the SLMPD facility
constructed in 2003 shall transfer to the Committee pursuant to the
agreements executed in association with the financing of the facility, then
ownership shall transfer to whatever entity has been designated by the
Parties as the successor to the Committee in proportion to the
contributions made by each Party to the total expense of planning,
financing, and construction of the facility.
2. SECTION II. The Agreement is hereby amended to add the following section:
Section 11
Dispute Resolution
When any Party has a dispute regarding the Agreement, that Party may initiate a
dispute resolution process by submitting a written statement outlining the dispute
to the Committee at one of its regularly scheduled meetings. The members of the
Committee will then bring that dispute to their respective Councils at their
normally scheduled Council meetings. The Committee will meet to discuss the
dispute at its next regularly scheduled meeting after the Councils of all Parties
have reviewed the statement of dispute at their regularly scheduled Council
meetings; the Committee has a 90-day period to resolve the dispute commencing
with this meeting.
If the dispute is not resolved within the 90 day period, the aggrieved Party has the
right to demand that the Committee forward the dispute to an appropriate
3
mediation service. The costs of the mediator will be paid for by the aggrieved
Party unless decided otherwise by majority consent of the Committee.
If the mediation process does not bring consensus regarding resolution of the
disputed issue, the aggrieved Party may submit the issue to binding arbitration 90
days following the commencement of mediation. This date may be extended with
unanimous consent of the Committee. The aggrieved Party's right to submit the
dispute to arbitration expires 150 days after the commencement of mediation.
This expiration deadline can be extended with unanimous consent of the
Committee. The Parties shall share the cost of the arbitration process in the same
proportion as they are sharing the operating budget at the time the dispute
resolution process is initiated. Each Party shall bear the costs of its own
representation in the mediation and arbitration processes. The arbitrator or
arbitration panel shall be selected by mutual agreement of the Parties and shall
have the authority to order that any Party bringing a frivolous or unfounded
dispute be required to pay the costs of the arbitration process. The provisions of
Minn. Stat. S 549.211 shall be used to determine whether a dispute is frivolous or
unfounded. In the event that the Parties cannot agree on an arbitrator or
arbitration panel within 30 days of the date on which the aggrieved Party initiates
arbitration, the aggrieved Party shall select one arbitrator, the other Parties shall
select another and the two selected arbitrators shall select a third.
3. SECTION III. Section 7, subdivision 2 of the Agreement is hereby deleted and
replaced with the following:
The SLMPD annual operating budget includes revenues from contributions by the
Parties -- hereinafter the" Approved Annual Operating Budget" -- and revenues
from other sources. Effective January 1,2002, the annual dollar contribution of
each of the Parties toward the SLMPD annual operating budget shall be
determined by multiplying the Approved Annual Operating Budget for each year
by the following percentage for each of the respective Parties:
Excelsior 29.5%
Greenwood 8.5%
Shorewood 46.0%
TonkaBay 16.0%
These allocations notwithstanding, Excelsior shall pay a total of $420,000 for its
share of the Approved Annual Operating Budget for 2006.
Effective January 1,2007, the annual dollar contribution of each of the Parties
toward the Approved Annual Operating Budget shall be determined by applying
the allocation resulting from the 2006 Cost Allocation Arbitration Proceeding.
4
The Approved Annual Operating Budget for each year shall be determined in
advance by unanimous agreement of the Parties. If the Parties do not .
unanimously agree on the Approved Annual Operating Budget by September 1 st
of each year, the amount of the previous year's Approved Annual Operating
Budget will be increased by the lesser ofthe following to arrive at the Approved
Annual Operating Budget:
a.) The increase in the July Minneapolis/St. Paul Consumer Price
Index for All Urban Consumers (CPI-U) over the previous 12-
month period; or
b.) The percentage increase in the most restrictive statutory levy limit
applicable to the budget year placed on any of the Parties over the
levy limit for that Party for the prior year.
c) In the event that (a) or (b) decreases, the operating budget shall
remain the same.
The above formula applies only to operating expenses not governed by wage or
benefit increases required by any union contracts. All cities must pay wage or
benefit increases as required by union contracts; other expenses can have ceilings
applied per the above formula. For purposes of determining the 2007 Approved
Annual Operating Budget, the "previous year's Approved Annual Operating
Budget" referenced above shall be $1,556,100. Adoption of an Approved Annual
Operating Budget pursuant to this subdivision shall entitle each Party to full and
complete SLMPD services funded by the SLMPD annual operating budget and
preclude delivery of multiple tiers or levels of services to Parties. Parties may
contract with the SLMPD for the delivery of supplemental services delivered by
separately dedicated personnel outside of the approved budget as mutually agreed
by all Parties. Agreement to provide such supplemental services shall not be
unreasonably withheld.
Notwithstanding the foregoing, all expenses related to the planning, financing,
and construction of a new police station facility for the SLMPD shall be paid
annually on an ad valorem basis. Facility expenses shall include, but not be
limited to, architectural expenses, land acquisition expenses, site preparation
expenses, construction expenses, and expenses related to procurement and
installation of furniture, equipment and fixtures for the new facility.
Except as herein amended or previously amended, the above Agreement shall remain in
full force and effect.
IN PRESENCE OF:
CITY OF EXCELSIOR
By:
5
IN PRESENCE OF:
IN PRESENCE OF:
IN PRESENCE OF:
Date:
By:
Date:
By:
Date:
By:
Date:
6
CITY OF GREENWOOD
CITY OF SHOREWOOD
CITY OF TONKA BAY
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA55331-8927. (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
February 9,2.006
RE:
County Road 19 - Smithtown Road Intersection Cost Projections
SAP 216-101-02, City Project 98-21
As the City Council is aware, the County Road 19 Intersection construction was brought to a halt for
the winter season. Items remaining are as follows:
. Placement of the final lift of asphalt on County Road J 9 and Smithtown Road
. Pavement striping and markings
. Landscaping and restoration
. Signage for the advance warning flasher system
. Painting of the retaining wall in Tonka Bay
. Wall railing replacement for a few of the railings
As this project l}ears completiqn, staff has been working with WSB and Associates, and staff members
at Hennepin County, to project what the final costs for the project are anticipated to be.
The accounting spreadsheet for this project is very extensive. While there are many subcategories and
cost splits for every singfe foot of pipe, ton of asphalt, pebble of sand and rock, staff has compiled the
information into a very brief sum.mary table shown onthe following page for ease 'of reference.
#.
~ t PRINTED ON RECYCLED PAPER
...
# loft
Mayor and City Council
County Road 19 Cost Proj ection
February 9,2006
Page 2 of2
Hennepin County City of Shorewood City of Tonka Bay
Orh!inal Projected Orh!inal Proj eeted Orieinal Projected
Henn. Cnty. $2,087,307.10 $2,169,906.15
County Local
Rd Funds
Henn. Cnty. $118,980.50 $124,128.50
Landscape
Henn. Cnty. $57,938.22 $61,425.51
Rd
Enhancement
Shorewood $701,198.63 $742,077.74
State Aid
Funds
Shorewood $50,910.00 $60,731.99
Local Funds
Tonka Bay
Local Funds
Storm Sewer $153,158.24 $172,888.18 $280,622.17 $316,772.08 $70,029.59 $79,050.84
Total
Total $2,417,384.06 $2,528,348.34 $1,032,730.80 $1,119,581.82 $116,207.59 $125,864.88
Construction
Amount $110,964.28 $86,851.02 $9,657.29
Change
Table 1: Table of Projected Final Construction Costs
Note that the storm sewer items of the project are state aid eligible for reimbursement. In addition, the
original budget included a 10 percent contingency. Therefore, the project remains within the original
anticipated budgeted amounts for construction.
Other cost issues
At the time of publication of this report, staff was conducting a meeting with Xcel Energy to discuss
final undergrounding costs. Staff will report progress of this meeting during the City Council meeting
on Monday.
Right of way Costs: Staffhas had several discussions with the Hennepin County Right of Way
department; specifically with regard to the easements that were obtained by the County on the
Community Center parcel. To date, we have determined that the hold-up for finalization is actually
due to the condemnation proceedings of the adjacent car wash. Council may recall that the car wash
property benefited from an entrance easement across the Community Center property.
Staff was able to ascertain that when compensation is provided, the check will be made out to all five
fee parcel owners of the property.