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102405 CC Reg AgP . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 24,2005 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 Work Session Minutes, October 10,2005 (Att. - Minutes) B. City Council Regular Meeting Minutes, October 10, 2005 (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 - Liquor Store Staff (Att. - Finance Director's memorandum) C. City Clerk's License Approvals - License to Sell Tobacco Products (Att. - Deputy Clerk's memorandum, Resolution) D. Authorization to Enter into the 2005 - 2007 Municipal Recycling Grant Agreement with Hennepin County (Att.- Deputy Clerk's memorandum; Resolution) E. Supporting Grant Application for Lake Virginia Woods Development (Att.- Administrator's memorandum; Resolution) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. Report by Tom Skramstad, LMCD Representative (Att. - Report) 6. PUBLIC HEARING CITY COUNCIL AGENDA - October 24, 2005 PAGE 2 OF 2 . 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held October 11,2005 (Att.- Draft Minutes) 8. PLANNING 9. GENERALINEW BUSINESS A. Approval of Certification of Delinquent Utility Charges (Att. -Finance Director's memorandum; Resolution) 10. ENGINEERING/PUBLIC WORKS A. Acceptance of Letter Withdrawing Petition for Timber Lane Watermain (Att. - Public Works Director's memorandum, Resolution) . 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection . B. Mayor & City Council 12. ADJOURN . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128 .www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us Executive Summary ShorewoodCity Council Regular Meeting Monday, 24 October 2005 An Executive Session will be held following the Regular City Council Meeting . Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - Liquor Store Staffing: Liquor Operations Manager Don Swandby recommends the hiring of Mr. Gary R. Lauf, for the position of Part-Time Liquor Clerk, effective immediately. . Agenda Item #3C: This Resolution approves the annual tobacco license renewals for six establishments in Shorewood. All six establishments have completed the license application requirements. The license period is November 1,2005, to October 31,2006. . Agenda Item #3D: At its meeting on January 24,2005, Council authorized staff to apply for a Municipal Recycling Grant for the year ending December 31,2005. Staff submitted the grant application, and has now received the Municipal Recycling Grant Agreement from Hennepin County for 2005 - 2007. Upon execution of the Grant Agreement, the City will receive its recycling grant for 2005 in an amount not to exceed $21,022. Agenda Item #3E: Tom Wartman is applying for a grant from Hennepin County's Environmental Response Fund program to be used for removing dump materials from his property in the Lake Virginia Woods subdivision. This program requires a resolution of support from the City Council (more to state that it is a legitimate project, rather than to endorse it). There is no liability or responsibility on the part of the City by adopting the supportive resolution. Staff recommends approval ofthe resolution for Mr. Wartman's application. Agenda Item #5A: Tom Skramstad, Lake Minnetonka Conservation District Representative, . will be present this evening to report on LMCD activities. . Agenda Item #7 A: Park Commissioner Julie Westerlund will be present this evening to report on the October 11,2005, Park Commission meeting. ft ~~ PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of October 24, 2005 Page 2 of2 Agenda Item #9A: The City Council adopts a resolution each year certifying delinquent . unpaid utility charges and fees to Hennepin County, for inclusion on individual property tax statements. Property owners have an opportunity to appeal the certification of their delinquencies prior to adoption ofthe Council resolution. After Council consideration of appeals by any of the affected property owners, staff recommends approval of the proposed resolution. Agenda Item #10A: The City of Shorewood has been in process of a project petitioned by the residents along Timber Lane, for consideration of the extension of municipal water service along Timber Lane. Staff is in receipt of a letter dated October 6, 2005 from Mr. Steve Haskins, representative for the Timber Lane neighborhood. Mr. Haskins is requesting that the petition be formally withdrawn, due to cost concerns. Staff is recommending approval of the resolution withdrawing petition for the Timber . Lane Watermain Project. . . . . . . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, OCTOBER 10, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 5:30 PM MINUTES 1. CONVENE CITY COUNCIL WORK SESSION DRAFT Mayor Love called the meeting to order at 5:37 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, Turgeon, and Wellens, Administrator Dawson, Engineer Brown, and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Without objection from the Council, Mayor Love proceeded with the Agenda for this meeting. 2. CITY HALL BUILDING Administrator Dawson explained Staff had been working with the BKV Group regarding issues associated with the City Hall building, specifically including the basement space. Options had been proposed by BKV Group for the City Hall building, including options for the basement as an asset and as a liability. He then introduced Bill Baxley of the BKV Group. Mr. Baxley explained the assets and liabilities issues associated with the basement portion of City Hall as well as presenting options and potential costs. Engineer Brown explained the soil boring data for the site surrounding City Hall. He noted soil corrections would be quite substantial for any project on this site. He went on to explain the basement held high moisture content with water having been exposed in the basement. He noted steps had been taken to attempt to mitigate issues associated with mold in the upper level of City Hall as a result of this moisture in the basement. Councilmember Turgeon questioned whether steps had been taken to remove any materials from the basement and whether mold remediation steps had been taken with the any environmental cleansing agenCIes. Council and Staff briefly toured City Hall, specifically the Engineer's office and the basement storage facility. Water levels, phosphorescence and current moisture activity were observed and noted. Councilmember Turgeon noted a lack of odor in several locations and questioned the difference in structural needs with regard to moisture remediation as opposed to a residence. She stated residents frequently had to undertake several steps in their own structures to remediate water problems and noted she was quite concerned it did not seem as though these same steps were being taken at City Hall to mitigate any moisture problems. :ft. ~ Pr CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 10, 2005 Page 2 of2 Engineer Brown stated it was important to understand that the moisture could be managed; however, it . would never be done away with as long as the building remained in its current form. Discussion ensued regarding various viewpoints on how best to mitigate the moisture in the basement. Council indicated consensus that there would be no office space in the basement. Mayor Love stated the choice for remodeling or additional construction onto City Hall required further analysis, with regard to space needs, required space above grade, and overall size and site issues. Discussion ensued regarding how best to determine which option would be suitable for future function of the City. Mr. Baxley stated he would review the previous space needs analysis with the Council and examine alternate layouts with an addition to the building at a future Work Session meeting of the City Council. Council thanked Mr. Baxley for his efforts, on behalf ofBKV Group, thus far in the process. . 3. ADJOURN Lizee moved, Wellens seconded, Adjourning the Work Session Meeting of October 10, 2005, at 6:50 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary . Woody Love, Mayor ATTEST: . Craig W. Dawson, City Administrator/Clerk . .. . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 10, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING D.. nA.",. F..' T' tf~lt:~ . &i~ J""a ' Mayor Love called the meeting to order at 7:05 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Engineer Brown, and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Engineer Brown requested an Item llA2, Report on Drainage, be added to the Agenda for the meeting this evening. Lizee moved, Callies seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 26, 2005 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of September 26, 2005, as presented. Motion passed 5/0. 3. CONSENT AGENDA Wellens moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 05-092, "A Resolution Making Appointment to the Office of City Engineer." C. Setting the Date for the Annual Appreciation Event (December 2, 2005) D. Accepting Proposal for Engineering Services for SE Area and Amesbury Well E. Adopting RESOLUTION NO. 05-093. "A Resolution Approving Change Order #1 for Badger Well Reconstruction Improvement Project for City Project 98-06." F. Approval to Allow Storage Trailer at Southshore Community Center -iF J B Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS Engineer Brown reported there had not been a meeting of the Park Commission since the most recent Regular City Council Meeting, thus, there was nothing to report on at this time. The next meeting of the Park Commission was scheduled for Tuesday, October 11,2005, at City Hall at 7:00 P.M. 8. PLANNING Commissioner Conley reported on the matters considered and actions taken at the October 4, 2005, Planning Commission meeting (as detailed in the minutes of that meeting). 9. GENERAL/NEW BUSINESS A. LMCC 2006 Budget Presentation by Sally Koenecke, LMCC Administrator Sally Koenecke, Lake Minnetonka Communications Commission (LMCC) Administrator, presented the Council with the 2006 LMCC budget for consideration this evening. She explained the LMCC was a joint powers organization comprised of 16 member cities in the area. The LMCC administered a cable franchise held by Mediacom, operated a studio for public/education/government (PEG) access, and also provided technical assistance on other communication matters for the member cities. She further explained the LMCC was funded from franchise fees and was not subsidized by property taxes. Ms. Koenecke then briefly reviewed the budget, noting there was an increase of expenditures of approximately $8,800, or 2.1 % over the 2005 budget. Council had no questions of Ms. Koenecke on this matter. Callies moved, Lizee seconded, Approving the Lake Minnetonka Communications Commission 2006 Budget as presented. Motion passed 5/0. B. Parks Foundation's Commitment regarding Eddy Station 'f . . . . .. . . . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING OCTOBER 10, 2005 Page 3 of 6 Administrator Dawson explained the purpose of the Shorewood Parks Foundation was to promote the preservation, protection, improvement, establishment and enlargement of parks, trails, bikeways, and open space generally for the benefit of the residents of the City of Shorewood. To that end, the Shorewood Parks Foundation had committed to a fundraising goal in previous years through project contributions to assist in the funding for Eddy Station in Freeman Park. Much of the fundraising had taken place over the past three years in various endeavors. Due to the fact that the construction of Eddy Station had been completed, fundraising produced minimal results. The Parks Foundation Board of Directors believed that its limited energies and resources would yield the greatest benefit for the residents of Shorewood if it were able to make a new commitment in place of the one it has honored on Eddy Station. The Parks Foundation remained committed to raising funds to benefit the City's park system and would continue to strive to surpass the $100,000 in funds it had made as a commitment to the City. This request by the Parks Foundation was to provide an understanding between the Foundation, the Park Commission, and the City Council and allow a fresh start for pursuit of donations. Councilmember Callies stated she brought this issue forward, along with the Board of Directors for the Parks Foundation because she believed an incorrect perception remained among various residents and Councilmembers. She noted the change was a philosophical one in that there was never any debt that had been incurred by the Parks Foundation through the years and it seemed as thought there was that perception being perpetuated within the community. She stated the City always appreciated the fundraising efforts brought forth by this volunteer committee and she thanked them for their time and looked forward to working together in the future. Callies moved, Lizee seconded, Memorializing the Parks Foundation's fundraising efforts toward the City's Park Capital Improvement Fund in the amount of $50,000 in the past as well as the continued commitment to fundraising for the future by the Parks Foundation. Councilmember Turgeon questioned the need for such an endorsement since there was never any debt to be paid in this matter. Councilmember Lizee stated this action would "clear the decks" and avoid reiteration of this issue for the future. She stated she appreciated all efforts made by the Parks Foundation and agreed this action would allow everyone to move forward positively. Motion passed 4/1, with Turgeon dissenting as she did not believe it necessary since the repayment issue had been excused for two years. C. Proposal Regarding SLMPD Administrator Dawson explained at a special meeting held on September 30, 2005, the Coordinating Committee of the South Lake Minnetonka Police Department endorsed the latest proposal that had been put forward to move toward resolution of issues among the member cities. He then briefly reviewed the proposal for Council, noting recent inaction by the City of Excelsior and implications associated with other member cities taking no action on the proposal as well. Various Councilmembers expressed concern for another proposal brought forth with little movement being gained to move any sort of resolution process forward for all member cities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING OCTOBER 10, 2005 Page 4 of 6 Councilmember Callies stated she was also concerned people were putting forth efforts in small groups . and unless the proposal could be brought forth to all member cities as one large group, she was concerned it would fail in its attempt to bring long overdue resolution to the member cities. Councilmember Heidi Viesturs, 183 Maple Street, Excelsior, stated she agreed with Councilmember Callies and thought her idea of working as one large group would be beneficial. She also stated it was important to identify issues and suggested it would be useful to make sure a quorum of Councilmembers could be present at this meeting in order to allow action to take place at that meeting. Mayor Love also agreed, stating he strongly supported the Councils taking a global perspective. Discussion ensued regarding how best to approach the m agenda for such a meeting. Callies moved, Lizee seconded, Continuing Action on this issue until a Special Joint Meeting of the SLMPD Member Cities' Councils, with a quorum of each City Council present, be held at the Southshore Senior Community Center on a date to be determined sometime between October 24 . and October 30, 2005. Motion passed 5/0. 10. ENGINEERINGIPUBLIC WORKS A. Request Amendment to SE Area I Amesbury Improvement Projects Engineer Brown explained the City had received a petition from Steven Nelson, of Bridgeland Development Company, the firm currently constructing the development called Parkview Crossing on Suburban Drive. He went on to explain the petition requested the Council to amend the scope of the City-initiated project for the interconnection of the Southeast Area and Amesbury water systems to specifically include, as a City project, the extension of municipal water from the proposed water main at the intersection of Manor Road and St. Alban's Road, along Suburban Drive to the Parkview Crossing subdivision. . Engineer Brown also explained the City had requested WSB & Associates prepare a cost estimate for the additional length ofwatermain petitioned. He then reviewed the projected cost for this additional portion of the project, noting he believed these estimates to be conservative in nature. . Steven Nelson and Peter Knaeble, engineer for the project, were present. Mr. Nelson stated he would be happy to answer any questions the Council had of him at this time. Councilmember Turgeon stated the City was already moving forward with this project, and she thought it seemed logical to utilize this project to acquire additional users for the municipal water system. Mayor Love also agreed. Councilmember Wellens questioned whether the developer had any willingness to burden the additional cost of this project. In response to a question by Councilmember Turgeon, Mr. Nelson stated he would be agreeable to paying $90,000 for installation as well as the difference in actual cost between the installation cost of a 12-inch watermain pipe versus an eight-inch watermain pipe for the project (estimated to be $34,000), based on . the City's bidding process. .. CITY OF SHOREWOOD REGULAR COUNCIL MEETING OCTOBER 10, 2005 Page 5 of6 . Turgeon moved, Wellens seconded, Approving the Petitioned Request from Bridgeland Development Company amending the Scope of the Project for the Southeast Area and Amesbury Wells Interconnection project, with Bridgeland Development Company agreeing to paying $90,000 for installation of said watermain as well as the difference in actual cost between the installation cost of a 12-inch watermain pipe versus an eight-inch watermain pipe for the project, based on the City's bidding process. Mr. Nelson stated he appreciated the Council taking action on this issue this evening in order to allow the project to progress in a timely manner. Councilmember Callies stated she agreed with the proposal and also encouraged the City to explore placing additional piping along Suburban Drive. Motion passed 5/0. . 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection . Engineer Brown explained the County Road 19 Intersection project would be causing significant traffic issues over the next few weeks as the roadway work continued and various roadways continued to be blocked off for motorists. He also noted SLMPD officers would continue to patrol the situation and he reminded motorists of the 35 mph speed limit, noting fines double in work areas. 2. Report on Drainage . Engineer Brown stated that with the high number of storms in recent weeks there had been several drainage issues requiring immediate attention. To that end, Steve Gurney, hydrologist with WSB and Associates, had been engaged to assist the City in resolving drainage concerns. He went on to explain that of the forty-one issues in the City associated with recent storms, only one remained unresolved. A file had been prepared on each issue and a commitment made to residents that within six weeks of the drainage event a written response would be submitted to the resident including an examination and decision made for each case. Twelve of the forty-one issues were significant and Engineer Brown complimented Mr. Gurney on his fine efforts in these matters. B. Mayor & City Council Mayor Love and Councilmembers noted several upcoming meetings, including the SLMPD Coordinating Committee meeting, a meeting with Minnetonka School District Board candidates and Fire Prevention Week. Councilmember Turgeon also noted Linda Prybylo was the new Executive Director for the Southshore Senior Community Center. She also wished the best of luck, on behalf of the Council, to Joyce Flury, previous Executive Director for the Center, in her new endeavors. . CITY OF SHOREWOOD REGULAR COUNCIL MEETING OCTOBER 10, 2005 Page 6 of6 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the Regular City Council Meeting of October 10, 2005, at 8:10 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ATTEST: Craig W. Dawson, City Administrator/Clerk Woody Love, Mayor .. . . . . . . . . . . PAYABLESAPPROVALS For 10/24/05 Council Meeting ~ ~Ji/f1 I II c) /)/)... , __ Prepared by:.l /~i .../t /. \./, I{.-t<'" Date/!) --A ZJ .-()(:;)- Michelle .T .1jfuyljID,' r. Accounting Clerk Reviewed by: ~~ Date: ~/uv.s Bonnie Burton, Finance Director Approved by: ~ ~ M Date: !fJ/JtJ/x;o~ Craig D wson, City Adnunlstrator 11=3/1 . PAYROLL APPROVALS For 10/24/05 Council Meeting ,-. / /;/e/ ~17 . Prepared by~ ,,- / ~!f~. I (? t{?~/~ Date: It} - (;gu '-{J6- MiCh~Uye , 'r. Accounting Clerk Reviewed by: ~ Date: l~k5 , Bonnie B~rton, Finance Director ,". Approved by: ~. ~ I /!:J}J Date: Ja/M/JfJO~ CraIg Da son, CIty AdlDlnlstrator . . . . 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 MEMORANDUM . Date: October 18,2005 To: Honorable Mayor and City Council Members r Bonnie Burton, Finaoce Directorffreasurer Y From: . Re: Liquor Staffing Recommendation cc: Craig Dawson, City Administrator The following staffing item is presented for the City Council's review and approval: . Liquor Store Staffing Liquor Operations Manager Don Swandby recommends the hiring of Mr. Gary R. Lauf, for the position of 'Part-Time Liquor Clerk' at a rate of $8.50 per hour, effective immediately. Staff Recommendation The City Council is requested to approve the staffing recommendation as outlined above. . 1f9; tJ PRINTED DN RECYCLED PAPER .ltJB . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474.0128. www.cLshorewood.mn.us. cityhal1@cLshorewood.mn.us MEMORANDUM DATE: October 20, 2005 . TO: Mayor and City Council Members . RE: Jean Panchyshyn, Executive Secretary/Deputy Clerk Craig W. Dawson, City Administrator/Clerk ~ Tobacco Licenses for 2005-06 FROM: CC: This Resolution issues the annual license for the sale of tobacco products to six establishments in Shorewood. The current licenses expire on October 31, 2005. All applicants have submitted appropriate documentation for license renewals. The renewal license period is November 1, 2005 to October 31, 2006. . Earlier tbis year, two of the licensees (Shorewood Liquor Store #2 and Tonka Bayt) were in violation for selling tobacco to a minor. These two establishments paid the required administrative and court fees. Prior to this, no violations existed at any of the establishments for many years; and no further violations have occurred to date. COUNCIL ACTION Approval of a Resolution issuing licenses to establishments to sell tobacco products. . n ~J PRINTED ON RECYCLED PAPER it3C- CITY OF SHOREWOOD RESOLUTION NO. 05- A RESOLUTION APPROVING LICENSES TO RETAILERS TO SELL TOBACCO PRODUCTS WHEREAS, the Shorewood City Code, Sections 302 and 1301 provide for the licensing of the sale oftobacco products in the City; and WHEREAS, said Code provides that an applicant shall complete an application, and shall pay a licensing fee; and WHEREAS, the following applicants have satisfactorily completed an application and paid the appropriate fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the sale of tobacco products be issued for a term of one year, from November 1, 2005 to October 31,2006, consistent with the requirements and provisions of Chapter 302 of the Shorewood City Code, to the following applicants: Applicant Address Cub Foods Shorewood Holiday Stationstore #12 Oasis Market Shorewood Liquor Store #1 Shorewood Liquor Store #2 Tonka Bayt 23800 State Highway 7 19955 State Highway 7 24365 Smithtown Road 19905 State Highway 7 23670 State Highway 7 5680 County Road 19 ADOPTED by the City Council ofthe City of Shorewood this 24th day of October, 2005 WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK . . . . . . 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 MEMORANDUM DATE: . TO: FROM: CC: RE: . October 11, 2005 Mayor and Council Members Jean Panchyshyn, Deputy Clerk Craig W. Dawson, City Administrator ~ Approval of a Resolution Authorizing the Mayor and City Administrator to Enter into the 2005 - 2007 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin County . At its meeting on January 24,2005, Council authorized staff to apply for a Municipal Recycling Grant for the year ending December 31, 2005. Staff submitted the grant application, and has now received the Municipal Recycling Grant Agreement from Hennepin County for 2005 - 2007. Upon execution of the Grant Agreement, the City will receive its recycling grant for the year 2005 in the amount not to exceed $21,022. The attached Resolution authorizes the Mayor and City Administrator to sign the Municipal Recycling Grant Agreement for the years 2005 - 2007, Contract No. A050492 with Hennepin County. Recommended Council Action Approval of a Resolution Authorizing the Mayor and City Administration to Enter into the 2005 - 2007 Municipal Recycling Grant Agreement with Hennepin County. . ... ~~ PRINTED ON RECYCLED PAPER 1t3.D CITY OF SHOREWOOD RESOLUTION NO. 05- A RESOLUTION AUTHORIZING SIGNING OF THE 2005-2007 MUNICIPAL RECYCLING GRANT AGREEMENT BETWEEN THE CITY OF SHOREWOOD AND HENNEPIN COUNTY WHEREAS, on January 24,2005, the City Council of the City of Shore wood adopted Resolution 05-004 which Authorized the Submittal of the 2005 Hennepin County Grant Application for Municipal Source Separated Recyclables; and WHEREAS, the City will operate its recycling program as described in the Grant Application; and WHEREAS, the City and County shall enter into a contract for Municipal Recycling for the period January 1, 2005 to December 31, 2007, for which the County shall pay the City an annual amount as set forth in section 3 of the Grant Agreement; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: That the Mayor and City Administrator are authorized to sign the Municipal Recycling Grant Agreement for period January 1, 2005 - December 31, 2007, Contract No. A050492 with Hennepin County. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of October, 2005. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk . . . . . . . . . . Contract No: A050492 Vendor No.: 000070455 MUNICIPAL RECYCLING GRANT AGREEMENT THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "COUNTY," A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Department of Environmental Services, 417 North Fifth Street, Minneapolis, Minnesota 55401- 1397, hereinafter referred to as the "DEPARTMENT" and the CITY OF SHOREWOOD, 5755 Country Club Road, Shorewood, MN 55331-8827, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the County Board, by Resolution No. 04-548, adopted on November 9, 2004, approved the Hennepin County Residential Recycling Funding Policy for the period January 1, 2005, through December 31, 2007, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS, the CITY operates a municipal curbside residential recycling program and other waste reduction and recycling activities (the Recycling Program) as described in their grant application referred to in Section 2 below; and WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Chapter 115A; the Office of Environmental Assistance Solid Waste Management Policy Plan; Hennepin County's Solid Waste Management Master Plan; and Hennepin County's Residential Recycling Funding Policy. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THE AGREEMENT a. This Agreement shall commence upon execution and terminate on December 31, 2007. b. The initial grant payment for the year 2005 shall be equal to Twenty-one thousand twenty-two dollars ($21,022). Grant payments for subsequent years shall be calculated as set forth in Section 3. 1 2. SERVICES TO BE PROVIDED . a. The CITY will operate its Recycling Program as more fully described in the Grant Application that was submitted by the CITY and kept on file with the COUNTY. The CITY agrees to submit an updated Grant Application each year of the term of this Agreement in order to be eligible for future grant funds. The terms of the Grant Applicatio~, as updated each year, are incorporated herein by reference. b. In addition to the services referred to above, the CITY agrees as follows: 1. On an annual basis, the CITY must demonstrate that the average pounds of recyclables collected from households participating in their curbside residential recycling program must equal or surpass the 2004 base year figure. The base year figure is determined by dividing total pounds of recyclables collected in 2004 by the total number of households participating in the curbside recycling program in 2004. Failure to achieve this annual goal will result in the requirement that a plan be submitted for COUNTY approval that specifies the efforts the CITY will undertake to increase the recycling percentage within 90 days of the submittal of the municipal year-end report. 2. . At a minimum, the CITY shall collect the following materials at curbside: . a. b. Newspaper and advertising supplements; Corrugated cardboard; Clear, brown, and green glass food and beverage containers; Metal food and beverage containers; All plastic bottles with a neck, except bottles that previously contained hazardous materials or motor oil; Magazines and catalogs; Mixed paper; and Boxboard. . c. d. e. f. g. h. 3. The CITY must estimate its participation rate in the curbside recycling program during the month of October. Methodology for measuring participation must be approved by the COUNTY. 4. The CITY shall submit, on forms provided by the COUNTY, a Final 2005 Report by February 15, 2006; a Final 2006 Report by February 15,2007; and a Final 2007 Report by February 15, 2008. 5. All grant funds accepted by the CITY from the COUNTY pursuant to this Agreement shall be used to operate its Recycling Program, including capital and operating expenses related thereto, in the year granted. The . 2 . . . . . CITY shall not retain any grant funds in excess of actual Recycling Program expenses. 6. The CITY may not charge its residents through property tax, utility fees, or any other method for that portion of the costs of its Recycling Program that is funded by COUNTY grant funds. 7. The CITY shall establish a separate accounting mechanism, such as a project number, activity number, cost center, or fund that will separate recycling and waste reduction revenues and expenditures from all other municipal activities, including solid waste and yard waste activities. 8. Recycling and waste reduction activities, revenues, and expenditures are subject to audit by the COUNTY. 9. If the CITY does not contract for curbside services, the CITY will receive grant funds provided that at least ninety percent (90%) of the grant funds are credited back to residents and the CITY meets all minimum program requirements. The additional ten percent (10%) of grant funds may be used for CITY administrative and promotional expenses. 3. METHOD OF COMPENSATION a. The COUNTY will distribute grant funds annually only to the extent the COUNTY has received SCORE funds from the State of Minnesota. SCORE funds are based on revenue received by the State of Minnesota from a sales tax on garbage collection and disposal fees and are subject to change based on revenue received and allocated by the State. The CITY will receive grant funds per the formula below: # of Households Serviced Curbside by CITY GrailtFunds Total SCORE Revenue X Received by COUNTY from State of Minnesota = Distributed to CITY Total # of Households Serviced Curbside in COUNTY b. Under no circumstances will the COUNTY's distribution of grant funds exceed the CITY's proportion of SCORE fund revenues received by the COUNTY. 3 c. The initial grant fund payment will be forwarded after the County Board receives and approves this Agreement signed by an authorized official of the CITY. Provided the CITY is otherwise in compliance with the terms of this Agreement, future grant fund payments will be made after submittal by the CITY and approval by the COUNTY of the Grant Application and Final Report as described in Section 2 and receipt by the COUNTY of SCORE funds from the State of Minnesota. 4. INDEPENDENT CONTRACTOR The CITY shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the CITY as the agent, representative, or employee of the COUNTY for any purpose or in any manner whatsoever. The CITY is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The CITY represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the CITY or other persons while engaged in the performance of any work or services required by the CITY under this Agreement shall have no contractual relationship with the COUNTY, and shall not be considered employees of the COUNTY. Any and all claims that mayor might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of MilUlesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the CITY, its officers, agents, contractors, or employees shall in no way be the responsibility of the COUNTY. The CITY shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. 5. INDEMNIFICATION AND INSURANCE . . . . a. The CITY agrees to defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the CITY, a subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against a1110ss by . 4 . reason of the failure ofthe CITY to perform fully, in any respect, all obligations under this Agreement. b. In order to protect the CITY and those listed above under the indemnification provision, the CITY agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force insurance, either under a self-insurance program or insurance policies as follows: Limits (1) Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $1,000,000 . Products-Completed Operations Aggregate 1,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence-Combined Bodily Injury and Property Damage 1,000,000 (2) Workers' Compensation and Employer's Liability: . Workers' Compensation Statutory Employer's Liability. Bodily injury by: Accident-Each Accident 100,000 Disease-Policy Limit 500,000 Disease-Each Employee 100,000 . c. The above establishes minimum insurance requirements. Copies of insurance policies shall be promptly submitted to the COUNTY upon written request. 6. DATA PRIVACY . CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. CITY agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from City's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure andlor use of such protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 5 7. RECORDS - A V AILABILITY/ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the CITY agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the CITY and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of this Agreement and for six (6) years after its termination or cancellation. 8. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS a. The CITY binds itself, its partners, successors, assigns and legal representatives to the COUNTY in respect to all covenants, agreements and obligations contained in the contract documents. The CITY shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, nor assign any monies due or to become due to it hereunder without the prior written consent of the COUNTY. b. Permission to subcontract, however, shall under no circumstances relieve the CITY of its liabilities and obligations under the Agreement. Further, the CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the herein specified contractual services, and ofperson(s) directly or indirectly employed by subcontractors. Contracts between the CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions herein specified. A consent to assign shall be accomplished by execution of a form prepared by the COUNTY and signed by the CITY, the assignee and the COUNTY. 9. MERGER AND MODIFICATION a. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part .of this Agreement. b. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 6 . . . . . . . . . . 10. DEFAULT AND CANCELLATION a. If the CITY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the City's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY for delaying payment until the City's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to the CITY. b. Notwithstanding any provision of this Agreement to the contrary, the CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by the CITY. c. Upon early termination or cancellation of this Agreement, the CITY shall itemize any and'all grant funds expenditures up to the date of termination or cancellation and return such grant funds not yet expended. . d. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this contract, law, statute, rule, and/or equity. e. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term ofthe Agreement. f. This Agreement may be canceled with or without cause by either party upon thirty (30) days' written notice. g. In the event the COUNTY does not receive any SCORE funds, this Agreement will be terminated upon written notice by the COUNTY. 11. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the Department of Environmental Services so as to accomplish the purposes of this contract, Carl Michaud, Solid Waste and Recycling Program Manager, or his or her successor, shall manage this contract on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. 7 12. COMPLIANCE The CITY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances pertaining to solid waste reduction, management, and recycling in force or hereafter enacted. 13. PAPER RECYCLING The COUNTY encourages the ClTY to develop and implement an office paper and newsprint recycling program. 14. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the COUNTY Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of the Agreement. 15. PROMOTIONAL LITERATURE CITY agrees that the terms "Hennepin County" or any derivative thereof shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 16. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this contract and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the COUNTY of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the herein parties will be in the appropriate federal court within the State of Minnesota. lf any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTlON OF P AGE INTENTIONALLY LEFT BLANK 8 . . . . . . . . . . COUNTY BOARD APPROV AL CITY OF SHOREWOOD, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on the _ day of , and pursuant to such approval, the proper COUNTY officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Recommended for approval: COUNTY OF HENNEPIN STATE OF MINNESOTA By: Director, Dept. of Environmental Services Date: By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Reviewed by the County Attorney's Office Date: And: Assistant/Deputy/County Administrator Assistant County Attorney Date: Date: And: . Assistant County Administrator/ Public Works Date: CITY OF SHOREWOOD By: Its: And: Its: 9 ... . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us' cityhall@ci.shorewood.mn.us MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Ill\. Craig W. Dawson, City Administrator \)..lJ October 20, 2005 Resolution Supporting Grant Application for Lake Virginia Woods Development The City Council has approved the plat for the Lake Virginia Woods on September 26, 2005. The plat encompasses about five acres and will have 13 lots. It combines two properties, the northerly of which is owned by Tom Wartman. This land adjoins a large wetland that drains into Lake Virginia. Mr. Wartman commissioned an environmental investigation of the site, and has proyided the City with a copy of it. The investigation found that "innocuous dump materials" - consisting primarily of glass, wood, plastic, brick, paper, metal cans, leather, and residential garbage - had been placed on the site. Some metals in the dump materials exceeded acceptable soil reference values (SRVs) for residential development. In simple terms, the remediation plan includes monitoring and removal, if necessary, during development, and otherwise to leave the materials in place and cov,er them with four feet of soil. Estimates of the cost to remediate the site range from $350,000 to $550,000. Costs for some of the remediation are eligible for grant programs. Mr. Wartman has contacted staff and expressed an interest in the Environmental Response Fund grant program administered by Hennepin County. Under this program, private individuals and companies are eligible applicants. All applications, however, must have a resolution of support from the governing body of the municipality in which the site is located. This resolution carries no responsibility for the City with it. Rather, it serves to let the County know that it is a legitimate project. The grant application is due by November 1. RECOMMENDATION: Staff recommends that the Council adopt the proposed resolution to support the application of Thomas B. Wartman for Hennepin County's Environmental Response Fund grant for the Lake Virginia Woods property. 4+ .,31= ... '-.1 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD . RESOLUTION NO. 05 - A RESOLUTION SUPPORTING THE APPLICATION OF THOMAS B. WARTMAN FOR THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT FOR THE LAKE VIRGINIA WOODS PROPERTY WHEREAS, Thomas B. Wartman has indicated to the City his interest and intent to apply for a Hennepin County Environmental Response Fund grant; and WHEREAS, the grant application requires that the City Council support the application through a Resolution; and WHEREAS, the City Council has approved the final plat for Lake Virginia Woods, the property . on which the grant-eligible activities would occur; and WHEREAS, the City Council is supportive of efforts to remediate environmental contamination, especially on those properties adjacent to wetlands and lakes, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that it hereby supports the environmental financial grant application submitted to the Hennepin County Department of Environmental Services in October 2005 by Thomas B. Wartman for the Lake Virginia Woods site. . ADOPTED BY CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of October, 2005. . Woody Love, Mayor Attest: Craig W. Dawson, City Administrator/Clerk . . HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT APPLICATION INSTRUCTIONS Department of Environmental Services 417 North 5th Street Minneapolis, MN 55401-1397 Contact: Dave Jaeger (612) 348-5714 *** PLEASE READ THE FOLLOWING NARRATIVE TO BE SURE THAT YOU UNDERSTAND THE APPLICATION PROCESS *** INTRODUCTION . Pursuant to Minnesota Statutes S 383B.80 and 383B.81 and County Board resolution No. 97-6- 410R1, Hennepin County established the collection of a mortgage registry and deed tax for deposit into an Environmental Response Fund (ERF). The authority to collect the tax originally expired on January 1,2003, but has since been extended to January 1,2008, by a 2002 amendment to Statute 383B.80 and County Board resolution 02-728. Per the Board approved ERF policy, the ERF is to be used for the assessment and clean up of contaminated sites located within Hennepin County. This short narrative provides a summary of the ERF policy. A copy of the ERF Policy can be obtained upon request. . . ERF grant applications will be accepted semi-annually with deadlines for application May 1 and November 1. Applications must be received at the Department of Environmental Services by 4:00 p.m. on that date. In addition to the semi-annual application deadlines, applicants may apply at any time for emergency funding to cover environmental issues, not identified by reasonable due diligence, that could potentially halt otherwise viable projects. A portion of the ERF will be reserved each year for such emergency funding requests. NOTE: Applicants can apply for more than one site. However, a separate application must be completed for each site. An electronic copy of the application can be obtained by E-mail request to david.jaeger@co.hennepin.mn.us. Please fill out the entire application. All applications must be complete upon submission in order to qualify for a grant. A resolution of support from the governing body of the municipality in which the site is located must accompany the application. You must submit the original application and one copy. . PURPOSEIBACKGROUND: In 1997 the Hennepin County Board of Commissioners established the Environmental Response Fund. According to Minnesota Statute S 383B.81 the first priority for the ERF is the NL IndustriesITara Corporation/Golden Auto site in St. Louis Park. A portion of the ERF has been set aside for that site and the remainder of the ERF will be made available for other sites within Hennepin County. In broad terms the ERF is available for contaminated or potentially contaminated sites where assessment and/or cleanup ..' has been hampered because there is no other source of funds for the work, or where public use . is intended. Although any contaminated or potentially contaminated site may be considered for an ERF grant, applications for the following types of projects are particularly encouraged: . Contaminated, or potentially contaminated, sites where the preferred end use is as publicly owned property (e.g. park space, schools, and municipal buildings). . Projects where contamination emerges as an obstacle to establishing a mix of affordable and moderately priced market rate housing. . Projects where contamination precludes economic development without outside assistance. . Infill properties or orphan sites that are too small to generate significant tax base increases and are not attractive to large development, but which nevertheless, disrupt the fabric of community life and contribute to blight. . Inspection and abatement of lead paint, asbestos, and lead contaminated soil at residences where the property owner can show financial need and that a potential hazard exists. This is largely intended as a preventative program, and is not meant for those residences that are . eligible for assistance from other programs. FUNDING AVAILABILITY: The ERF is funded by the mortgage registry and deed tax. Therefore, the amount available in the ERF is subject to fluctuation. The revenue from the mortgage registry and deed tax has been deposited in the ERF since 1997. ELIGffiLE APPLICANTS: Eligible applicants for this program are municipalities, economic development agencies, housing and redevelopment authorities, non-profit organizations, public companies, and private individuals and companies. . QUALIFYING SITES: A site must meet the following criteria in order to qualify for an ERF grant: 1) The site must be in Hennepin County. 2) A resolution of support from the governing body of the municipality in which the site is located must accompany the application. 3) ERF grants will not be awarded to non-local government responsible parties. 4) A site must contain, or be suspected of containing, contaminants, pollutants or hazardous substances as referenced in Minnesota Statute gl15B.02 or petroleum related contamination that is not eligible for reimbursement by the Minnesota Petrofund. . ERF grants will not be awarded to sites for tasks that are presently eligible for reimbursement from the Petrofund, U.S. EPA, Minnesota Pollution Control Agency (MPCA) and Minnesota Department of Agriculture (MDA) programs. . "" . REQUIRED SCHEDULE: Assessments funded or partially funded by ERF grants must be completed within one year of the award of the grant. Grants made for site cleanup must be spent within two years of the award of the grant. . ELIGIBLE COSTS: The same format is used for applications for assessments and for clean- ups. If a response action plan (RAP) has not yet been prepared, the cost of RAP implementation can be requested in the application. Potentially eligible costs include, but are not limited to, environmental consulting fees, laboratory fees, site assessment, RAP development, remediation costs, acquisition through purchase or condemnation (if necessary to implement the RAP), demolition (if underlying soil cleanup is required by the MPCA for protection of health and the environment), residential asbestos abatement, and costs associated with the remediation of lead impacted soil at residences. Ineligible costs include, but are not limited to, attorney fees, work performed that is not in compliance with safety codes, work completed by unlicensed contractors, costs incurred prior to the award of the grant, and assessment or remediation work performed without an MPCA or MDA approved work plan. Your application must include a project schedule detailing the individual tasks and the associated detailed project budget. This information should be provided in Section VI of the application form. . LOCAL MATCH REQUIREMENT: The contribution of local or other funds for the project is strongly encouraged, but is not a requirement for the award of an ERF grant. However, the degree to which ERF money will be leveraged by other contributions to a project will be considered in the site ranking process. When necessary Hennepin County will assist in the application for outside funding. . LAND SALES: Land or property acquired with ERF assistance may be resold at fair market value. However, ifthe ERF is used for property acquisition, the ERF acquisition assistance must be refunded to the ERF when the property is resold. This stipulation will apply to the first sale of the subject property following cleanup. THE AWARD PROCESS: There are a large number of eligible contaminated sites in Hennepin County, and it is expected that the requests for assistance from the ERF will typically exceed the available resources. Therefore, a process has been developed by which applications for ERF grants can be evaluated in a fair and objective manner. The criteria list in the next section indicates the maximum point values for each criterion. All assigned scores will be relative to scores awarded to other applicants in each cycle. If insufficient applications of merit are received in any cycle, the total amount of available ERF money may not be distributed. All awards are subject to approval by the Hennepin County Board. At the County's discretion some applications may not be funded or will only receive partial funding. . GRANT AWARD CRITERIA: Applications for ERF grants will be evaluated and ranked by considering at least the following objective criteria. Accumulation of a fixed number of points from the listed criteria does not guarantee the award of a grant, and other criteria may be J considered in each round of applications. Grants will be made in accordance with the statutory . authority and stated policy of the County Board. The applications for ERF grants will be evaluated by the following: l. There is a known threat to human health and/or the environment that would be reduced or eliminated by completion of the response action plan = 20 points 2. There is a potential threat to human health and/or the environment that will be quantified by completion of the assessment = 15 points 3. The community will derive social value from the proposed/potential cleanup. To assess the social value, the application requires that you indicate the removal of blighting influences and describe the benefit of your project to the community = 15 points 4. The likelihood that the site will not be investigated and/or cleaned-up without the use of ERF money = 10 points . 5. There are local or other funds that will be committed to the project = 5 points 6. The applicant is a municipality, economic development agency, housing and redevelopment authority, or public non-profit organization = 5 points 7. For non-residential and mixed-use projects, the project creates economic development = 5 points . 8. The project creates/retains/secures affordable housing or moderately priced market rate housing in communities that are substantially meeting their affordable housing goals = 5 points 9. The site has previously received an ERF grant for assessment and now needs to implement a RAP or conduct additional assessment = 10 points 10. The project requires no funding for acquisition-related costs (projects that do not require acquisition funds will score higher) = 5 points . 11. There is a public end-use planned for the property = 5 points 12. The project incorporates sustainable activities and features in the project design, construction and operation, and in the cleanup remedy = 5 points In addition to the above criteria, consideration will be given to the equitable distribution of the ERF between urban, suburban, and rural areas of the county. . .0: City of Shorewood City Council From: Tom Skramstad, LMCD Representative Date: October 17th, 2005 Here is my "periodic" report of LMCD activities. t Summer Event: The LMCD, in cooperation with Crystal-Pierz Marine, held a special event on August 13 at the Excelsior Commons. The theme was "The Future of the Lake" and it focused on the youth in our community. There were exhibits on boating safety, exotic species, fishing, sailing and lots more. Attendees included the Power Squadron, the Water Patrol, a firefighting boat and a milfoil harvestor. AI and Alma's provided a charter boat to take visitors on rides. We received good publicity from radio and TV stations and the newspapers. We considered the event to be very successful, with about 300 people attending. This will be become an annual event. 2. Milfoil: The milfoil harvesting season is over. Milfoil growth was particularly heavy this season, due (in my aopinion) to the five weeks of constantly hot weather. A detailed report of the season is available at the LMCD office if ~ou are interested. The LMCD is working with the DNR on an experiment whereby certain areas of the Lake will be treated with a chemical to see if there might be a more effective way to treat this exotic. A kickoff meeting with the DNR was held with Congressional Representative Jim Ramstad providing leadership. More details will be forthcoming with treatment planned for next Spring. . 3. Zebra Mussel Prevention Proaram: This year the LMCD once again worked with the DNR to conduct zebra mussel inspections on peak days, during peak times, at five selected public accesses (Grays Bay, Wayzata Bay, Maxwell Bay, North Arm, and Spring Park.) In total, 2,200 hours were expended in this year's effort. The LMCD will continue to evaluate how such inspections fit into the overall zebra mussel prevention program. . 4. Boat Density Committee:. This committee has studied basic issues associated with the Lake. As a result, an action plan has been developed that includes: examining current regulations to ensure they still make sense; revising regulations where needed; improving public awareness of existing regulations, developing an improved method of enforcing existing regulations, publicizing "safe boater classes", taking a leadership role in requiring a boating driver's license/exam, and rewriting the 1974 policy on boat density. We want to work with the 14 member cities regarding the enforcement of excessive numbers of boats, and illegal rented boats, at residential sites. 5. "Outreach Initiative": The LMCD Board has started an initiative to develop better working relationships with others who have a strong interest in the Lake area community (realtors, dock installers, charter boat owners, marinas, restaurants and more.) The objective is to have a much broader community of people working together for the protection of the Lake. 6. Solar Liahts: 2005 is the 4th year of attaching solar lights to the top of navigational buoys in high traffic areas. The program has received much positive feedback. 7. Boat Density and User Attitude Surveys: The LMCD Management Plan calls for these studies to be done every 4 years. The latest studies were completed in 2004; and the results were presented to the Board in the Spring of 2005. A copy of the two studies will be sent to each member city along with a management summary. .s. Board Appointments - Letters have gone out to the 14 cities regarding the need to reappoint LMCD Board members. My term is coming to an end in January and the City Council will need to make a decision. :#-5A 9. Water Patrol Statistics. This Summer's recap: . Theft/Criminal activity - 21 incidents . Accidents - 27 . Boating While Intoxicated - 26 10. New Reaulations: . Hiah Water emeraencies - definitions were modified so that the_ triggering and terminating of an emergency will be easier. . Dock dimensions. Dock widths are now allowed to be up to 8 feet, which is consistent with the DNR's regulations. We are meeting with the local dock manufacturing/installing companies to try to find other regulation changes that make sense, and that we can work together to enforce. . Deicina permits. New regulations have been created that clearly define the deicing area and which require that all unsafe water surfaces be inside the protective fencing required. This ordinance creates a much safer situation around the Lake. The new regulation will not allow new deicing permits at any residential docks although certain existing such situations will be grandparented in. By the way, there were 30 deicing permits issued last winter. Renewal applications have been mailed out for the upcoming winter season and a copy of the new regulation has been included in the mailing. . Bridaes . Includes restrictions on length and width of bridges, and takes into consideration impediments to navigation and the affect on adjoining or other properties in the immediate area. . Sians - We are redoing the signs that try to recap "winter rules" on the Lake (speed limits, shore zone, etc.) Before we make up the signs, we are looking at ways to simplify the rules. Changes to the rules may be forthcoming. 11. Web Paae: The LMCD's WebPage address is: httn://www.lmcd.org. Page -- 2 - . . . . . I CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, OCTOBER 11, 2005 5755 COUNTRY CLUB ROAD CITY HALL 7:00 P.M. AGENDA DRAFT 1. CONVENE PARK COMMISSION MEETING Chair Davis called the meeting to order at 7:08 p.rn. A. Roll Call Present: Chair Davis; Commissioners Young, Famiok, Westerlund, Loheit, and Hensley; and City Engineer Brown Absent: Commissioner Moonen and City Council liaison Turgeon B. Review Agenda . Westerlund moved, Loheit seconded, approving the Agenda as submitted. Motion passed 6/0. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of September 13, 2005 Farniok moved, Young seconded, approving the Minutes of the September 13, 2005, as presented. Motion passed 4/0/2 - Westerlund and Hensley abstaining. 3. MATTERS FROM THE FLOOR There were none. 4. REPORTS A. Report on City Council Meeting Brown reported that during the October 10th City Council Meeting the City approved and hired a new City Engineer, which will allow Brown to serve as Public Works Director. He noted that the Badger well house was being rebuilt into a block building and that the Southshore Community Center would be housing a trailer on site to store items for its upcoming attic sale. In addition, Brown stated that the Bridgeland Development Group petitioned the city to bring municipal water to the site north of Manor Park, around the bend up Suburban Drive, since the City plans to be bringing water down Manor Road currently as part of another project. Finally, Brown pointed out that the staff Appreciation party would be held on December 2, 2005. . B. Music In The Park (Updates on groups) Chair Davis stated that the city had booked Big Walter Smith for the July 21,2006, Music in the Park series. C. Winter Community Skating Party Event Chair Davis indicated that she had placed several calls to the City of Deephaven's Park Commission and had not heard back from any members regarding the success of their community event and skating party. 4t1A \ PARK COMMISSION AGENDA TUESDAY, OCTOBER 11, 2005 PAGE 20F4 5. MANOR PARK POND WATER QUALITY TESTING - (Park Commissioner Westerlund) Westerlund presented the Manor Park Pond water quality monitoring results from the summer. To review, the Commission had visited the site during its annual park tour and agreed that the pond's water quality should be addressed via monitoring over the summer. At the outset, the Commission believed that the pond suffered from algae blooms and free floating green algae, which blocks the suns rays from reaching the bottom of the lake and decomposes at the bottom using up the little oxygen that exists for the plant life and forming muck. In an effort to measure the total phosphorous, both dissolved and particulate, chlorophyll a, and the amount of free floating algae in the water, Westerlund agreed to collect samples over the summer. The samples Westerlund collected would check water clarity, how thick the algae growth was, and the dissolved oxygen at the top and bottom. Westerlund shared slides from the various testing dates; June 2nd the lake was fairly clear with lily pads and duckweed, though difficult to measure water quality due to the thick growth of macrophytes, weeds. On 7/14/05, Westerlund pointed out that mats of filamentous algae had begun to form covering the top in a green slimy algae. On 8/6/05, the entire surface of the pond was covered with the filamentous algae and decomposing algae covered with gas bubbles. . Westerlund stated that she presented these facts to the Limnologist, who deduced that the pond was not suffering from a green algae problem, as first thought, but from a filamentous algae problem, or macrophyte problem. A difficult problem to solve, Westerlund presented several options. First, she proposed a chemical fix, which is often costly and requires toxic herbicides. Next, is a biological solution using crayfish to rid the pond of the macrophytes, but these may creep into the watershed, thus creating a new problem. A bacterial solution using bags of barley straw could prove to be cost effective and easily implemented. Finally, a physical solutions such as dredging, an expensive alternative; aeration, effective only near the aerated area; or shading, a cheap and relatively easy way of dying the water in order to shade out the growth. On slides from 8/31/05, Westerlund pointed out that there were several nice stands of native plants around the shoreline of the pond. However, she also shared slides of the excessive geese fecal material in and around the children's plays area, which poses a public health threat. She suggested that the Commission pursue its original plan to plant native vegetation as a buffer between the play area and the pond in order to deter the geese. This barrier of plants would be helpful. As the phosphorous is already in the sediment of the pond and reloads it, Westerlund asked the Commission for their thoughts on the proposed solutions. . Hensley asked what the goal for the pond was. Westerlund stated that, initially, the Commission chose to address the water quality issue, but also wished to use the native plantings buffer as a lakeshore restoration example. Chair Davis asked how the new development would impact the stormwater volume. Brown stated that there would be ample pretreatment at the development site. He pointed out that the outlet to the pond would be improved as the City brings a watermain past the pond. While there is not a great deal of capacity in a 3' deep pond, filtering options are necessary to improve the stagnant waters and quality. I PARK COMMISSION AGENDA TUESDAY, OCTOBER 11, 2005 PAGE 3 OF4 Hensley commented that, to him, it sounded as if the pond was striving to become a wetland, as opposed to a pond at all. Loheit asked if the health issues could be treated hand and hand with the water quality and aesthetics. While separate issues, Westerlund maintained that each could be addressed simultaneously. Young stated that he would like to see a treatment plan to attack each of the options for spring 2006. Chair Davis agreed that planting a buffer would both deter the geese and improve aesthetics and could be done so with a limited investment. . Westerlund believed that, with an expert's assistance, the planting project could be completed for just a few thousand dollars. Brown stated that the Kestral Group put together a plan for the Gideon Glen project and could be approached to do so for Manor Park. Hensley stated that he believed barley straw bags might be the best options for the City, as an inexpensive alternative, to the others out there. Young moved that the Commission endorse Westerlund's explorations ofplantings, collection of estimates and proposals for those, as well as, barley straw bales, and report back to the commission to resolve the Manor Park Pond issues for spring 2006. Loheit seconded. Motion passed 6/0. Brown suggested that Westerlund put together a brief article for the newsletter, as the study and proposals for the Manor Park Pond are both interesting and informative. . 6. BUCKTHORN BUST EVENT Saturday, November 5th, 2005, from 9 am - 12 pm. Brown reported that 7 people had signed up so far, in addition to Commissioners and White. He noted that the weed wrenches had arrived and would be available for use after the event. Commissioners Davis, Farniok, and possibly Westerlund and Loheit promised to attend the event. 7. PARKS FOUNDATION ART IN THE PARKS VOLUNTEER SIGN UP Young stated that the Foundation was looking for additional assistance, though he would be volunteering for the event, also scheduled for November 5th. 8. DETERMINE DATE FOR NOVEMBER PARK COMMISSION MEETING Brown indicated that he would investigate the opportunity to hold the meeting at the Southshore Community Center on November 15th. Brown reported that the Concessionaire has expressed interest in running the Concessions for 2006, noting that the city received $1500 for the 2005 concessions. \ PARK COMMISSION AGENDA TUESDAY, OCTOBER 11, 2005 PAGE 4 OF 4 .' . 9. DETERMINE LIAISON FOR NOVEMBER CITY COUNCIL MEETING November 28, 2005 - Loheit 10. ADJOURN Weslerlund moved, Farniok seconded, adjourning the October 11, 2005 Park Commission Meeting at 8:35 p.m. Motion passed 6/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary . . . 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 MEMORANDUM . DATE: October 18, 2005 FROM: Honorable Mayor and Councilmembers ~ . A1~ Bonnie Burton, Finance Director/Treasurer~'- . TO: RE: Annual Certification of Delinquent Utility Accounts . CC: Craig W. Dawson, City Administrator . Discussion The City Code provides for annual certification of delinquent utility bills against the properties served. A resolution is attached for City Council consideration setting delinquent utility charges and other charges and fees to be certified to the County as a levyon the property taxes. This resolution is considered and passed annually. Each property owner is given an opportunity to object to this proposed certification of delinquent accounts and as part of the appeal process, they may request a hearing in front of the City Council to explain why the account has not been paid. The City asks the property owners to submit their requests in writing by October 3, 2005 for a hearing to be held October 24, 2005. The City did not receive any written requests for a hearing before the City Council this year, however there may be one potential appeal. Nevertheless, if any affected property owners are present at the meeting, and wish to appeal their delinquent charges, the City Council may allow them to do so. . Council Action Requested After considering any appeals that may be presented at the meeting, the City Council is requested to approve the attached resolution certifying delinquent utility charges to the 2006 property tax rolls. 4"lIl- ~., PRINTED ON RECYCLED PAPER -f:f 0/ It CITY OF SHOREWOOD . RESOLUTION NO. 05- A RESOLUTION DIRECTING DELINQUENT SEWER CHARGES, STORM WATER UTILITY CHARGES, RECYCLING CHARGES, CITY CLEAN-UP CHARGES, DRY HYDRANT CHARGES, AND SUMP PUMP CHARGES, BE PLACED ON THE 2006 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges on the succeeding year property tax rolls for the specified properties; and, WHEREAS, the City Council has scheduled the consideration of the assessment of . such charges and has caused notice of such assessments to be mailed to the affected property owners; and, WHEREAS, the Council has considered such charges at a regular council meeting and has made a determination that delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges exist for the specified properties set forth in Exhibits A, B, C, D, E, and F attached hereto and made a part hereof. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges, on . the 2006 property tax rolls, payable in 2006, at eight percent (8%) per annum, against the specified properties as set forth in Exhibits A, B, C, D, E, and F. ADOPTED by the City Council of the City of Shorewood, Minnesota, this 24th day of October, 2005. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk . . . . . . I'(cl,;EIVED OCT ..32005 RON JOHNSON CITY OF SHOREWOOD 5355 Shady Hill Circle Shorewood,~ 55331 September 30, 2005 Tel: 952-474-8171 Craig W. Dawson City of Shorewood. 5755 Country Club Rd. Shorewood, ~ 55331 'YOT~N',;AL-- I) . .' j+PPEfjL 1<~~f)R~7 \ \ \ Re: Data Practices Act request and Administrative Claims Dear Mr. Dawson: I have, thank you, your letter of September 23,2005 in "partial response" to my Data Practices Act requests and respond, partially, as follows: First, your item # 11 goes to my current administrative claim which I presented to the City Council in January 2005 and never heard back but for the City's recent 2005 payment demand on my uti' account for a resumed sump pump disposal surchar e under City Code ~ 904.09. The City mdicated it would hear my objection on October 24,2005, c 0 ~ected to in the prior January 2005 meeting. As an example of the unequal treatment and new taking, I presented a photo of a neighbor's swimming pool sump pump hose pipe to City street which was installed when the City, under the Code, demanded disconnected from the sanitary sewer. The new unnatural and concentrated water, which the City can trace, runs down the road to the City's storm sewer system and ends up on my back yard 20 acres along with other Shorewood storm sewage from the City's north adjoining 24" diameter sewer pipe. In November 2004 former Councilmember, Mr. Zerby, made reference to no knowledge the City had yet investigated my claim your item #11 confirmed was not investigated. The question is, why not? Simply put my City cannot rightfully charge me presumed sump pump disposal utility surcharges when the City itself disposes a greater amount of public sump pump waters on my property without compensating me. Second, your item #17 goes to my 2005 administrative claims regarding the proposed moving in from the City of Minnetonka an existing house as a home for my three young grandsons to be sited 83 feet west of Minnetonka on my 20 acre property. Ifnot mistaken, Shorewood's inspector indicated (a) a house could not be moved in from another city and (b) if moved from within the City must be brought up to new home construction standards, e.g. the roof must be tom off and engineered trusses installed. You did not completely address this. Please do. Third, a related Data Practices Act request is vvhich city do I contact to hook up to Minnetonka's curb stop(s) on my Shorevvood 20 acre property for vvhich the property vvas . assessed by Shorevvood on or about 1972. If you knovv, vvhat is the current vvater and sanitary hook up charge and send me the hook up application documents. I look fOfVVard to your complete response to my earlier requests and those above. Thank you very much. S7!!?/~ Ron JO~~ C: Martin R. Wellens, Shorevvood 4th Ward Councilmember. . . . . V1UNIC CODE 26 EXHIBIT A . . . . . LEVY NO 16407 SANITARY SEWER PIO NO. AD ON NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117 -23-24-0093 171.34 0892201500 25-117-23-32-0020 254.87 0485205150 25-117 -23-32-0023 407.61 0485205750 25-117-23-34-0012 407.89 0780054050 25-117-23-34-0022 408.16 0780053850 25-117-23-34-0025 408.02 0270203450 25-117-23-44-0049 410.87 0705053550 26-117-23-11-0016 357.36 0280046800 26-117-23-11-0044 408.02 0435046450 26-117 -23-11-0050 408.02 0550211050 26-117-23-14-0011 . 273.16 0685049410 26-117-23-14-0103 377.61 0550211750 30-117 -23-33-0026 404.04 0255043700 30-117-23-42-0003 470.10 0725052600 32-117-23-11-0014 407.85 0825256450 32-117 -23-12-0002 254.87 0330054550 32-117-23-12-0008 161.70 0330054451 32-117-23-12-0024 357.36 0605263950 32-117-23-12-0028 357.36 0590263300 32-117-23-13-0008 408.02 0330057750 32-117-23-42-0001 161.70 0770260050 33-117-23-11-0050 265.11 0745055200 33-117 -23-11-0050 160.74 0745055300 33-117-23-13-0003 419.33 0775246200 33-117-23-21-0033 848.98 0470054200/54220 33-117-23-22-0014 816.34 0260055251/5550 33-117-23-22-0020 407.17 0905054400 33-117-23-22-0029 357.36 0905055250 33-117 -23-22-0030 436.51 0905055350 33-117-23-23-0054 168.32 0775252700 33-117-23-24-0006 407.61 0775248600 33-117-23-24-0011 195.66 0775250050 33-117-23-24-0043/44 115.02 3275056550 33-117-23-32-0031 407.61 0260058900 33;..117-23-42-0001 405.86 0170058150 33-117-23-44-0032 391.11 0940242150 34-117-23-33-0029 372.43 0425060550 34-117 -23-43-0039 357.36 0125060650 34-117 -23-44-0056 470.10 0570226950 35-117-23-34-0034 254.87 0450217400 35-117 -23-43-0020 357.36 0150212950 36-117 -23-21-0009 408.02 0740055800 TOTAL LEVY NO 16407 $ 15,298.80 10/20/2005 MUNIC CODE 26 EXHIBIT B PIDNO. 33-117-23-24-0043/44 LEVY NO 16408 WATER ADDN NO. ~TOT AL LEVY NO 16408 TOTAL PRINCIPAL ACCOUNT NO. 80.99 3275056550 I $ 80.99 I . . . . . . . . . . MUNIC CODE 26 EXHIBIT C LEVY NO 16409 STORM WATER MANAGEMENT PIO NO. AOON NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117-23-24-0093 19.26 0892201500 25-117-23-32-0020 18.33 0485205150 25-117 -23-32-0023 39.46 0485205750 25-117 -23-34-0012 39.59 0780054050 25-117-23-34-0022 30.33 0780053850 25-117-23-34-0025 37.15 0270203450 25-117-23-44-0049 68.57 0705053550 26-117-23-11-0016 25.70 0280046800 26-117-23-11-0044 29.14 0435046450 26-117-23-11-0050 29.14 0550211050 26-117-23-14-0011 27.89 0685049410 26-117-23-14-0103 27.01 0550211750 30-117-23-33-0026 28.46 0255043700 30-117-23-42-0003 39.65 0725052600 32-117-23-11-0014 29.19 0825256450 32-117-23-12-0002 18.33 0330054550 32-117-23-12-0008 15.16 0330054451 32-117-23-12-0024 25.70 0605263950 32-117-23-12-0028 25.70 0590263300 32-117-23-13-0008 29.14 0330057750 32-117-23-24-0031 44.91 0775267500 32-117-23-42-0001 11.63 0770260050 33-117-23-11-0050 10.13 0745055200 33-117-23-11-0050 6.13 0745055300 33-117-23-13-0003 30.50 0775246200 33-117 -23-21-0033 30.44 0470054200/54220 33-117-23-22-0014 30.26 0260055251/5550 33-117-23-22-0020 29.04 0905054400 33-117-23-22-0029 25.70 0905055250 33-117-23-22-0030 33.81 0905055350 33-117 -23-23-0054 12.24 0775252700 33-117-23-24-0006 39.46 0775248600 33-117-23-24-0011 18.18 0775250050 33-117 -23-24-0043/44 27.33 3275056550 33-117-23-32-0031 39.46 0260058900 33-117-23-42-0001 28.46 0170058150 33-117-23-44-0032 36.26 0940242150 34-117-23-33-0029 33.81 0425060550 34-117-23-43-0039 33.51 0125060650 34-117 -23-44-0056 44.08 0570226950 35-117-23-34-0034 18.33 0450217400 35-117 -23-43-0020 25.70 0150212950 36-117 -23-21-0009 29.14 0740055800 TOTAL LEVY NO 16409 $ 1 ,241 .41 1 0/20/2005 MUNIC CODE 26 EXHIBIT D LEVY NO 16410 RECYCLING PIO NO. AOON NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117-23-24-0093 20.17 0892201500 25-117-23-32-0020 19.13 0485205150 25-117-23-32-0023 31.66 0485205750 25-117 -23-34-0012 31.81 0780054050 25-117-23-34-0022 31.73 0780053850 25-117-23-34-0025 31.66 0270203450 25-117-23-44-0049 31.66 0705053550 26-117-23-11-0016 26.82 0280046800 26-117-23-11-0044 31.66 0435046450 26-117-23-11-0050 31.66 0550211050 26-117-23-14-0011 29.88 0685049410 26-117-23-14-0103 28.44 0550211750 30-117-23-33-0026 30.60 0255043700 30-117-23-42-0003 46.76 0725052600 32-117-23-11-0014 31.78 0825256450 32-117-23-12-0002 19.13 0330054550 32-117-23-12-0008 12.14 0330054451 32-117-23-12-0024 26.82 0605263950 32-117-23-12-0028 26.82 0590263300 32-117 -23-13-0008 31.66 0330057750 32-117-23-24-0031 38.74 0775267500 32-117-23-42-0001 12.14 0770260050 33-117-23-11-0050 20.96 0745055200 33-117-23-11-0050 12.79 0745055300 33-117-23-13-0003 31.83 0775246200 33-117-23-21-0033 63.72 0470054200/54220 33-117-23-22-0014 63.32 0260055251/5550 33-117 -23-22-0020 31.51 0905054400 33-117-23-22-0029 26.82 0905055250 33-117-23-22-0030 35.28 0905055350 33-117-23-23-0054 12.78 0775252700 33-117-23-24-0006 31.66 0775248600 33-117-23-24-0011 21.04 0775250050 33-117-23-24-0043/44 13.67 3275056550 33-117 -23-32-0031 31.66 0260058900 33-117-23-42-0001 30.60 0170058150 33-117-23-44-0032 29.46 0940242150 34-117 -23-33-0029 35.28 0425060550 34-117-23-43-0039 26.82 0125060650 34-117 -23-44-0056 35.28 0570226950 35-117-23-34-0034 19.13 0450217400 35-117-23-43-0020 26.82 0150212950 36-117 -23-21-0009 31.66 0740055800 TOTAL LEVY NO 16410 $ 1,254.96 . . . . . 10/20/2005 ~NIC CODE 26 _'BIT E . .0 . . LEVY NO 16411 SUMP PUMP SURCHARGE PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. 25-117 -23-44-0049 1200.00 0705053550 TOTAL LEVY NO 16411 $ 1,200.00 1 0/20/2005 MUNIC CODE 26 EXHIBIT F LEVY NO 16412 CITY CLEAN-UP PID NO. ADDN NO. TOTAL PRINCIPAL ACCOUNT NO. . 25-117-23-24-0093 11.00 0892201500 25-117-23-32-0020 11.00 0485205150 25-117-23-32-0023 11.00 0485205750 25-117 -23-34-0012 11.00 0780054050 25-117-23-34-0022 11.00 0780053850 25-117 -23-34-0025 11.00 0270203450 25-117-23-44-0049 11.00 0705053550 26-117-23-11-0016 11.00 0280046800 26-117-23-11-0044 11.00 0435046450 26-117-23-11-0050 11.00 0550211050 26-117-23-14-0011 11.00 0685049410 26-117-23-14-0103 11.00 0550211750 30-117-23-33-0026 11.00 0255043700 30-117-23-42-0003 24.00 0725052600 32-117-23-11-0014 11.00 0825256450 32-117-23-12-0002 11.00 0330054550 32-117-23-12-0008 11.00 0330054451 32-117 -23-12-0024 11.00 0605263950 32-117-23-12-0028 11.00 0590263300 32-117 -23-13-0008 - 11.00 0330057750 32-117-23-42-0001 11.00 0770260050 33-117-23-11-0050 11.00 0745055200 33-117-23-11-0050 11.00 0745055300 33-117 -23-13-0003 11.00 0775246200 33-117-23-21-0033 35.00 0470054200/54220 33-117-23-22-0014 22.00 0260055251/5550 33-117-23-22-0020 11.00 0905054400 33-117-23-22-0029 11.00 0905055250 33-117-23-22-0030 24.00 0905055350 33-117-23-23-0054 11.00 0775252700 33-117-23-24-0006 11.00 0775248600 33-117-23-24-0011 11.00 0775250050 33-117-23-24-0043/44 11.00 3275056550 33-117-23-32-0031 11.00 0260058900 33-117 -23-42-0001 11.00 0170058150 33-117-23-44-0032 11.00 0940242150 34-117-23-33-0029 24.00 0425060550 34-117 -23-43-0039 11.00 0125060650 34-117 -23-44-0056 24.00 0570226950 35-117-23-34-0034 11.00 0450217400 35-117-23-43-0020 11.00 0150212950 36-117 -23-21-0009 11.00 0740055800 TOTAL LEVY NO 16412 $ 549.00 10/20/2005 ~UNIC CODE 26 ~HIBIT G . . . . LEVY NO 16413 DRY HYDRANT PIO NO. AD ON NO. TOTAL PRINCIPAL ACCOUNT NO. 30-117-23-33-0026 87.33 0255043700 30-117-23-42-0003 133.43 0725052600 TOTAL LEVY NO 16413 $ 220.76 10/20/2005 . . . . . 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 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: October 20, 2005 RE: Resolution Accepting Letter Withdrawing Petition for Timber Lane Watermain City Proj ect 04-05 The City of Shorewood has been in..process of a project petitioned by the residents along Timber Lane, for consideration of the extension of municipal water service along Timber Lane. Refer to Attachment 1. This project was brought through a public bidding process, and rejected due to the high bid costs received. It was the intent of staff that the project would be re-bid in conjunction with the proposed SE Area - Amesbury Interconnect project currently under design. It was anticipated that the pricing would be lower, due to the economies of scale of the larger project. Attachment 2 is a letter dated October 6, 2005 from Mr. Steve Haskins, representative for the Timber Lane neighborhood. Mr. Haskins is requesting that the petition be formally withdrawn, due to cost concerns. As Mr. Haskins has served as the representative of the group, and has copied all of the affected petitioners, staff is recommending approval of the resolution that formally accepts the letter withdrawing the petition for the Timber Lane Watermain Project. It is worth mentioning that under the current policy, the petitioners would be responsible to satisfy any and all costs for consideration of the feasibility and design portion of the project. Staff will summarize all of the costs at the City Council meeting on Monday evening. Based on the most recent indications from the City Council, the Council may wish to consider whether or not the feasibility and. design costs are to be charged to the properties, or born by the City's municipal water fund. Recommendation Staffis recommending approval of the resolution withdrawing petition for the Timber Lane Watermain Project. ,It ~J PRINTED ON RECYCLED PAPER # /v f1 FROG ISLAND .- ~ i~ ATTACHMENT 1 SITE LOCATION MAP . . . . . Mr. Larry Brown Mr. Craig Dawson October 6, 2005 City of Shorewood Shorewood, MN 55331 REC~'VED OCT 11 2005 RE: Timber Lane Water Petition Dear Mr. Brown and Dawson, C\TY OF SHOREWOOD We were advised that city water would cost an estimated $16,000 per house e ore It went outto bid. The results were approximately 10,000 dollars higher. You are not planning to release the new RFQ until the spring of next year (like this year), which is after they have already released their bids for work for that year. This means that the bid will be high because they are already committed for the year. We have evidence that similar quotes in Mound were 20-21,000 per house. So we do not see the quote being significantly lower. With that in mind I have surveyed the street and we agree that city water is not an economical solution at this time. Please cancel our request/appeal for city water at this time. This is based on the facts above and our understanding that it would be around 16,000 per house, which is far from where we ended. It did not include the additiona14- 7000 for hookup to the house which was not mentioned by your office at first. If you have any questions please give me a call at 952-474-1268. ~(/~ evenW:~s Cc: Duane Bagdon Lucille Goodwin Rich Tradewell Peter Wattson Don Erickson Hans Schaub . Marge Yeager Tom Henke Mike Kraemer ATTACHMENT 2 LETTER OF WITHDRA WL TIMBER LANE W ATERMAIN PROJECT CITY OF SHOREWOOD RESOLUTION NO. 05-_ A RESOLUTION ACCEPTING WITHDRA WL OF PETITION FOR THE EXTENSION OF MUNICIPAL WATER SERVICE ON TIMBER LANE WHEREAS, the City of Shorewood adopted Resolution No. 04-017 that declared adequacy of petition requesting that the City allow the watermain to be extended to the petitioners' property; and WHEREAS, the names of those petitioners and their associated locations are as follows: 1. 2. 3. 4. 5. 6. 7. 8. Lucille Goodwyn............................... ..5525 Timber Lane Richard Tradewell... . ............ ........... ....5515 Timber Lane Peter Wattson........... ..... ........... ........ ..5495 Timber Lane Donald Erickson.... ... ............ ............ ...5485 Timber Lane Hans Schaub............. ...... ........... ..... ....5465 Timber Lane Steven & Diana Haskins... ................ ......5455 Timber Lane Marjorie yaeger.... ....... ....... ............ .....5445 Timber Lane Tom & NancyHenke.............................5435 Timber Lane WHEREAS, additional properties denoted as 9. 10. 11. Gideon Cove Homeowners Association. . . . . . .PID 34-117-23-22-0041 Gideon Cove Homeowners Association..... ..PID 34-117-23-22-0038 Albert & Valarie Guralnik.................... ...PID 34-117-23-22-0004 abut the Improvement and have been determined that said lots are unbuildable under separate proceedings by the City Council, and therefore shall not be included as part of this Improvement; and . . . WHEREAS, the City is in receipt of a letter dated October 6, 2005, attached hereto as "Exhibit . A," from said petitioners requesting the City to formally withdraw said Petition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood, Minnesota: 1. The Petition is hereby withdrawn for said Improvement. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of October, 2005. ATTEST: WOODY LOVE, MAYOR CRAIG DAWSON, CITY ADMINISTRATOR/CLERK . . Mr. Larry Brown Mr. Craig Dawson October 6, 2005 City of Shorewood Shorewood, MN 55331 REC~'VED OCT 11 Z005 RE: Timber Lane Water Petition . Dear Mr. Brown and Dawson, CITY OF SHOREWOOD We were advised that city water would cost an estimated $16,000 per house e ore 1t went outto bid. The results were approximately 10,000 dollars higher. You are not planning to release the new RFQ until the spring of next year (like this year), which IS after they have already released their bids for work for that year. This means thatthe bid will be high because they are already committed for the year. We have evidence that similar quotes in Mound were 20-21,000 per house. So we do not see the quote being significantly lower. With that in mind I have surveyed the street and we agree that city .water is not an economical solution at this time. Please cancel our request/appeal for city water at this time. This is based on the facts above and our understanding that it would be around 16,000 per house, which is far from where we ended. It did not include the additional 4- 7000 for hookup to the house which was not mentioned by your office at first. If you have any questions please give me a call at 952-474-1268. . . ~. ~est..~e.g~~~ Of.~mYL~~ ~. / ~~0 even W. Cc: Duane Bagdon Lucille Goodwin Rich Tra~ewell Peter Wattson Don Erickson Hans Schaub Marge Yeager Tom Henke Mike Kraemer . I EXHIBIT A CITY OF SHOREWOOD CITY COUNCIL MEETING October 24,2005 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ~ AFFJDA VIT OF TIMOTHY J. KEANE STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) Timothy J. Keane, being fIrst duly sworn upon oath, states as follows: 1. I am a licensed attorney, registered to practice law in the State of Minnesota. 2. By appointment of the Shorewood City Council, I serve as City Attorney and Legal Advisor to the City of Shorewood, a Minnesota municipal corporation ("Shorewood"). 3. I represent and provide legal advice to Shorewood in all civil matters. 4. I have represented and advised Shorewood as a client in the City of Shorewood's role as a member of the South Lake Minnetonka Police Department ("SLMPD"). 5. The SLMPD is a joint powers organization operating under a joint powers agreement ("JP A") to provide law enforcement services to member communities pursuant to Minn. Stat. ~ 471.59. 6. The member communities to the SLMPD include the cities of Greenwood, Excelsior, Tonka Bay and Shorewood. 7. The City of Excelsior ("Excelsior") has, for nearly three years, been in dispute with other members of the SLMPD over contractual issues including funding, service levels and performance under the JP A. Earlier this year, I was contacted by Mr. Larry Harris, who was retained by Excelsior to serve as special counsel relating to the JP A dispute. Mr. Harris advised me he would be providing advice and strategies to Excelsior relating to a range of options including litigation options. 8. As general counsel to Shorewood, I have exercised extreme caution in the recommendation of participation in closed meetings. 9. As counsel to Shorewood, I have advised Shorewood it is imperative that we meet in the context of our attorney-client relationship to discuss multiple questions that have been raised and alternatives that may be available regarding potential litigation with Excelsior. 10. Excelsior councilmembers have been in attendance at the last several Shorewood Council meetings to view Shorewood consideration of SLMPD matters. 11. The discussions between the Shorewood City Councilmembers and its legal counsel require a candid and open discussion regarding matters that could affect litigation. 12. An open session would be detrimental because it would take place in the presence of potential litigants. 13. It is my professional opinion it would not be in the best interests of Shorewood to discuss litigation or settlement strategies in the presence of the opposition. 14. It is my further professional opinion that my obligation as attorney to Shorewood cannot be fulfilled unless we confIdentially confer regarding potential litigation strategies. FURTHER YOUR AFFIANT SA YETH NOT. Subscribed and sworn to before me this ~41J/l. day of October, 2005. ~N~~ . JEAN M. SCHATZ I NOTARYPUBUC.WNNESOTA My CoauIIlqion ElpilH Jan. 31. 2010 2681892.1 2 .. .. RECEIVED OCT 2 4 2005 RON JOHNSON CITY OF SHOREWOOD October 21, 2005 5355 Shady Hill Circle Shorewood, MN 55331 Tel: 952-474-8171 Craig W. Dawson, Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Sump Pump Special Assessment October 24, 2005 hearing Dear Mr. Dawson: Please timely telephone me or leave a message at the above number as to whether the hearing is scheduled for October 24,2005 at 7:00 PM in fact. I recall reference to that date and time in the City's special assessment notice to which I objected at least twice. The crux of my objection is that the presumed sump pump water discharge special assessment, alternately referred to as a "fee", "penalty", or sewer utility "surcharge" by the City, violated the U.S. Const. Fifth, Eighth, and Fourteenth Amends. In relevant part, the Fourteenth Amend. guarantees that: "[N]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The Eighth Amend. guarantees that: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. In relevant part, the Fifth Amend. guarantees that: [N]o person shall ... ... ... be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation. In my particular fact situation the subject "fee", "penalty" or "surcharge" amounts to unequal treatment, an excessive fine, an additional new physical taking without compensation, and want of due process of law as follows. f' ~ 1. On the instruction of former City Attorney, Thomas Humphrey, the then Deputy City Clerk, Terri Naab, granted me a variance from any compliance with the provisions of City Code ~ 904.09, dubbed the sump pump code. I gave the City several copies of the original ('ou recently indicated the City could not presently locate a copy in its files. 2. Enforcing City Code ~ 904.09 to save the City sanitary sewage treatment charges, Shorewood had a community of homes - - served by City storm sewers that discharge to my property - - disconnect their sump pumps including for their swimming pools unnatural watershed waters which runs to City sewers, new public waters the City disposes of on my property without paying Fifth Amend. compensation. I previously gave the City Council a photo of one particular neighbor example (swimming pool hose pipe to City street) and also a photo of where that water, collectively with other City storm sewage, cut a gully across my lawn wrecking it perpetually. As applied to this particular fact situation, it matters not what the State or its political subdivision, the City, concluded; the special assessment violated constitutional guarantees which members of the City Council, on oath, assumed the self imposed and continuing duty to uphold no matter what. Clearly, I have been treated unequally, the assessment is an excessive fme and a taking, and the City so far has not compensated me for its public sump pump waters disposals on my property. I trust I will timely hear from you whether the hearing is still set on for October 24, 2005 at 7:00 PM. I wish to appear and be heard. S7!2L Ron Johnson C: Martin R. Wellens, 4th Ward Councilmember Other Councilmembers and Mayor 1 The City Attorney, Timothy Keane, previously referenced this document so get a copy from him.