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062705 CC Reg AgP f ... CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 27, 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 Regular Meeting Minutes, June 13,2005 (Att.- Minutes) B. City Council Work Session Minutes, June 13,2005 (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 - No action required C. Sign Permit Approval (Att. - Planning Director's memorandum) Applicant: Edward Jones Location: 23480 State Highway 7 (Shorewood Village Shopping Center) D. Sign Permit Approval (Att. - Planning Director's memorandum) Applicant: Oasis Market Location: 24365 Smithtown Road E. Minor Subd.lCombination and C.D.P. for Accessory Space Over 1200 Sq. Ft. (Att.- 2 Draft Resolutions) Applicant: (,Dave Raisbeck Location: 26640 Edgewood Road F. Approve Revised Final Plat (Att. - Draft Resolution) Applicant: Capestone Builders Location: Excelsior Boulevard (Barrington) CITY COUNCIL AGENDA - June 27, 2005 PAGE20F3 .) G. Preliminary Plat Approval - Parkview (Att.- Draft Resolution) Applicant: Bridgeland Development Co. Location: 5025/5045/5055/5075 Suburban Drive H. Accept Bids and Award Contract - Badger Well Project (Att. - Public Works Director's memorandum, Resolution) 1. Accept proposal for Engineering Services KLM Engineering, Inc for SE Area Water Tower Rehabilitation (Att. - Public Works Director's memorandum) J. Accept proposal for Engineering Services Instrument Control Systems, Inc. (Att.- Public Works Director's memorandum) K. Accept Improvement and Authorize Final Payment - 2004 Bituminous Overlay Project (Att. - Public Works Director's memorandum, Resolution) L. Accept proposal for Engineering Service WSB and Associates, SE W ell- Amesbury Well Interconnect (Att. -Public Works Director's memorandum) M. Approve Extension of Deadline for Notice to Remove (Notice to Remove/ Appeal letter) Appellant: Steve and Barb Swanson Location: 5755 Echo Road 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. Community Rec. Resources 2005 First and Second Quarter Report (Att. - Report) 6. PUBLIC HEARING 7. PARKS 8. PLANNING - Report by Representative 9. GENERALINEW BUSINESS A. SLMPD Issues Group recommendations (Att. - Administrator's memorandum) 10. ENGINEERING /PUBLIC WORKS A. Reject Bids - Timber Lane Water Project (Att. - Public Works Director's memorandum, Resolution) . . . . . 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 Executive Summary Shorewood City Council Regular Meeting Monday, 27 June 2005 . Council Photo will take place at 6:15 PM, weather permitting Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - no action required. Agenda Item #3C: Edward Jones, a new tenant in the Shorewood Village Center, has applied for a sign permit. The proposed wall sign is within the allowable area and consistent with the overall sign plan for the Shopping Center. The proposed sign on the door is not allowed. They have not applied for a temporary sign permit. Agenda Item #3D: Oasis Market has applied for a temporary banner announcing a change to "Marathon". Our records indicate that they have not had a temporary sign permit within the last 12 months. It is worth noting that they displayed two banners for three days, without permits. As such, their permit should be limited to four days, or 11 days if they intend to run their two yearly permits back-to-back. Agenda Item #3E: The Council continued two resolutions from the last meeting, wishing to see the final drafts for a minor subdivision and combination and a conditional use permit. The attorney will also address the neighbor's easement issue under separate cover. Worst case appears to be that the new garage may have to be 16.5 feet from the property lines. Agenda Item #3F: Capestone Builders has requested approval ofa revised final plat for its Barrington Development. The revision affects three buildings and only involves shifting the interior unit lot line (party wall line) by 2-3 feet. This allows for minor variations in the respective building styles for those lots. This one is so minor folks, that a staff report was not considered necessary. A draft resolution is provided for your consideration. Agenda Item #3G: This resolution approves the preliminary plat for Parkview that was approved at the last meeting. Agenda Item #H: ' Staff is recommending approval of the resolution that accepts the bids and awards the Badger.Well House Improvement project to Encomm Midwest in the amount of $498,894.00. Agenda Item #1: KLM Engineering, specializes in engineering for water towers and tanks. Staff has solicited a proposal for the preparation of plans specifications, engineer's estimate, and inspections services for the rehabilitation of the SE Area Water Tower. The proposal provided has been evaluated for costs for such a project. Staff recommends acceptance of the proposal provided by KLM Engineering. ft t.J PRINTED ON RECYCLED PAPER Executive Summary - City Council Meeting of June 27, 2005 Page 2 of2 The proposal provided has been evaluated for costs for such a project. Staff recommends . acceptance ofthe proposal provided by KLM Engineering. Agenda Item #J: Instrument Control Systems, Inc. (ICS) provided a proposal for design services, installation of controls and the purchase of a motor control starter for the Badger Well Improvements proj ect. Staff excerpted this portion of the Badger Well Improvement Project from the general specifications to insure that tight control was provided over the mission critical components of the well facility. ICS will provide the design for the heart of the system, and the purchase of key electrical components for the well, as part of their contract. Staffhas worked with ICS and has found them to be a very dedicated and responsible team in the field of well controls systems. Staff recommends acceptance of the proposal provided by Instrument Control Systems for the Badger Well House Improvement Project. Agenda Item #K: This item is a housekeeping item for the fmal acceptance and payment of the 2004 Bituminous Overlay Project. The project has been inspected, and the final bonds and withholding certifications have been field with the City by Midwest Asphalt, Inc. . Agenda Item #L: This proposal provided by WSB and Associates includes the preparation of a water model and preparation of a feasibility report to determine the feasibility of interconnection ofthe SE Area Well System and the Amesbury Well Systems. While the proposal is significant, the creation of the water model is a tool staffwill utilize for many years to come. Staff is recommending approval of the proposal, as presented. . Agenda Item #M: Steve and Barb Swanson have requested an extension of time to comply with a notice to remove for their property at 5755 Echo Road. Although they do not specify a time limit, staff recommends the 30 days routinely granted by the Council in instance where the appellant has made a good faith effort to comply. Staff will leave it to the Council to determine whether the scale and bathtub should be considered lawn ornaments or equipment no longer usable for its intended purpose. The Code specifically prohibits the refrigerator. . Agenda Item #5A: The first and second quarterly report from Community Rec. Resources will be provided at tonight's meeting. Agenda Item #9A: This item is continued from the June 13 City Council meeting. The SLMPD Issues Group finished its work on May 26. The result of the three-month-long process is a set of interdependent recommendations in one package. The Group agreed that the four city councils needed to vote on the entire package of changes by the end of June. The city administrator's memorandum summarizes the proposal, discusses the financial impact on Shorewood, and reviews some alternatives about what may occur. Agenda Item #10A: Bids for the Timber Lane Watermain Project were received, opened, and tabulated on June 15,2005, at 10:00 a.m. Bids received exceeded the estimated construction costs by $136,003.80. As the bids were more than 43 percent over the . estimated construction costs, staffis recommending the bids be rejected and re-bid at a later date. '. ,iI.. '. . . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 13,2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES DR ft 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love, Councilmembers, Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Turgeon moved, Lizee seconded, Approved the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 23, 2005 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of May 23, 2005, as presented. Motion passed 5/0. B. City Council Work Session Minutes, May 23, 2005 Turgeon moved, Wellens seconded, Approving the City Council Work Session of May 23, 2005, as presented. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting RESOLUTION NO. 05-052, "A Resolution Prohibiting Parking Along Portions of Grant Lorenz Road and Birch Bluff Road." D. Approving a Sign Permit for Taurus Sign Co., for "Buckaroo's Bargains" at 23630 State Highway 7 (Shorewood Village Center) E. Approving a Sign Permit for Sign Source, for "Dry Cleaning Station" at 23490 State Highway 7 (Shorewood Village Center) *~!1 CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 2 of 11 F. Approving an Extension of a Conditional Use Permit for Gretchen Sebald, 20625 Garden Road G. Adopting RESOLUTION NO. 05-053. "A Resolution Approving the Final Plat of Arbor Creek." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented at this meeting. 5. REPORTS AND PRESENTATIONS A. 2004 Comprehensive Annual Financial Report (CAFR) by Steve McDonald, CPA Administrator Dawson explained the City of Shorewood's Comprehensive Annual Financial Report for 2004 had been reviewed by Steve McDonald of Abdo, Eick & Meyers, and Mr. McDonald was present this evening with information related to that review process. Mr. McDonald noted the implementation ofGASB 34, a new financial reporting model. He summarized the main features and changes to this new financial model for the Council. He also provided a fmancial overview of the City's expenditures and revenues. He noted during 2004, the General Fund revenues had exceeded expenditures by $394,751 which resulted in an increased fund balance of slightly over 2.9 million, or 67% of 2005 budgeted expenditures. In addition, the Enterprise Funds (sewer, water, stormwater management, recycling and liquor) generally performed positively, including the Water Fund. The Liquor Funds operating income was approximately $48,750 and the Shorewood Liquor Stores continued to perform well. Mr. McDonald then went on to review the organization of the CAFR. He congratulated the City on receiving the Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for its CAFR. This award recognized outstanding fmancial reporting, and Shorewood was one of only 259 municipalities of similar size out of 32,000 nationwide to receive this award. Mayor Love inquired about the comparative capabilities of implementation of the new financial model. Mr. McDonald stated this model would provide comparative data in approximately five to ten years. Councilmember Turgeon stated the segregation of duties section was noted in the CAFR report, and she questioned what more could be done to improve that area. Mr. McDonald noted that this comment is the result of the size of the City and number of staff members to perform the accounting functions; however, a review of workflow processes could be made. Mayor Love requested Staff review this area and report back to Council at a later date. '4 .. . . . . Turgeon moved, Wellens seconded, Accepting the Audit of the CAFR and Recommending the . CAFR be sent to the State Auditor for review. Motion passed 5/0. .. . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 3 of11 Mayor Love thanked City Staff and Mr. McDonald for all efforts utilized in bringing this report to fruition. B. Report on Fourth of July Event by Linda Murrell, Director of the South Lake- Excelsior Chamber of Commerce Linda Murrell, Executive Director of the South Lake-Excelsior Chamber of Commerce, stated she was present this evening to provide an overview of activities planned for the Chamber-sponsored Lake Minnetonka Fourth of July Celebration. She explained the different activities slated for that celebration, and noted the rain date for fireworks would be July 5, 2005 if needed. She also noted there would be a strong emphasis on the patriotism associated with this holiday. She further stated the Chamber would be selling buttons as part of its fundraising efforts for this event. She also noted the member cities funding efforts in recent weeks. Lizee moved, Callies seconded, Donating $2200 to the Fourth of July Celebration. Councilmember Turgeon noted the City of Tonka Bay had authorized its donation to be paid to the South Lake Minnetonka Police Department toward its costs to provide services for the Celebration and requested the City do the same. Without objection from the secondor of the motion, the maker of the motion amended the motion to authorize the donation to be paid to the South Lake Minnetonka Police Department. Mayor Love also requested anyone interested in providing perimeter boat efforts on the lake at that celebration should contact the Chamber. Motion passed 5/0. Ms. Murrell thanked the City for its donation, and noted the Chamber appreciated the generosity of the City. 6. PUBLIC HEARING There were none scheduled for this evening. 7. PARKS A. Report on Park Commission Park Tours Held May 24, 2005 Engineer Brown reported on the Park Commission Park tours held on May 24, 2005 as part of the Park Commission meeting ( as detailed in the minutes of that meeting.) He also reported on recent park activities such as the dedication of the plaza at Freeman Park, the pond at Manor Park and the recent Music in the Park concert held on June 10, 2005. He noted the next concert would be a children's concert in Freeman Park on June 22, 2005, at 11 :30 A.M. The public is invited to attend. Other concerts slated for the Freeman Park venue include Big Walter Smith on July 8, and the Barbary Coast Dixieland Band on August 12. Both concerts begin at 6:30 P.M. CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 4 of 11 ... 8. PLANNING . Commissioner Gagne reported on matters considered and actions taken at the June 7, 2005, Planning Commission meeting (as detailed in the minutes of that meeting). A. C.U.P. for Two Houses Temporarily on One Lot Applicant: Michael and Jody Laughlin Location: 5665 Howard's Point Road Director Nielsen explained Michael and Jody Laughlin owned the property at 5665 Howard's Point Road and wished to keep the existing home on the property while their new home was being constructed. The subject property was zoned R-IC/S, Single-family ResidentiallShoreland and contained 40,019 square feet of area. The property was currently occupied by the Laughlin's existing home and a small shed. The applicant's intent was to live in the existing house while a new home was being built. Once the new house was completed, the old one would be demolished. Director Nielsen also noted the proposed building elevations for the new home. . He also explained that Shorewood's Zoning Code, like most contemporary zoning ordinances, limited the number of single-family dwellings on a site to one. In the past, the City had granted variances allowing property owners to keep an existing house on the property while a new house was under construction. The Code was amended in 2000 to allow for such requests by conditional use permit. Director Nielsen then explained that the request complied with most aspects of the City Code, however, Staff recommended approval of the Laughlin's' request subject to the following: a. The applicants must provide a copy of their contractor's bid for demolishing the older house. b. Prior to issuance of a building permit, the applicants must provide the City with a cash escrow or letter of credit, for 150 percent of the bid amount, to guarantee that the house will be removed and the site restored. . c. The existing house and outbuilding must be removed within six months of the applicant . receiving a building permit for the new house. Also, in response to a request by a neighbor, the Planning Commission recommended additional landscaping be placed on the area between the new house and the adjacent lot to the west. Michael Laughlin, 5665 Howard's Point Road, stated he would be happy to answer any questions Council might have of him. Councilmember Callies stated that the landscaping plan was not a requirement of the City Code, and she questioned the need for its use in this case. Discussion ensued by the Council regarding the necessity of the additional landscaping as a requirement of the Conditional Use Permit. Director Nielsen explained a tree preservation and reforestation plan would be required as part of the planning process, and the Planning Commission had recommended additional landscaping be concentrated on the westerly side of the house for screening from adjacent properties. . . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 5 of 11 Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-054, "A Resolution Approving a Conditional Use Permit, subject to Staff recommendations and with additional landscaping placed in the area between the new house and the adjacent lot to the west of the property for Michael and Jody Laughlin, 5665 Howard's Point Road. Additional discussion ensued regarding the necessity of a landscaping plan for this project. Councilmember Lizee stated she would like to see Council have final review and approval of the landscaping plan as she believed coniferous trees would provide better screening of the house in a timely manner. Director Nielsen stated a mixture of coniferous and deciduous trees would most likely provide the best screening at maturity since the conifers would provide screening for the lower levels and once the deciduous trees were mature, would provide ample screening for the upper levels of the house. Councilmember Callies stated, while she thought the additional landscaping plan was a good idea, she did not believe it to be a necessity since it was not a requirement of the City Code. With the consent of the secondor of the motion, the maker of the motion amended the motion to recommend approval of the Conditional Use Permit, subject to Staff recommendations and with the Final Landscaping Plan to be Reviewed and Approved by the Planning Director for Michael and Jody Laughlin, 5665 Howard's Point Road. Motion passed 4/1, with Callies dissenting. B. Minor Subd./Combination and c.u.P. for Accessory Space Over 1200 Sq. Ft Applicant: Dave Raisbeck Location: 26640 Edgewood Road Director Nielsen explained David and Ellen Raisbeck own the home at 26640 Edgewood Road and had also purchased the property at 26500 Edgewood (f.k.a. McCosh's Bookstore, f.k.a. the Svithsoid Home). The two properties were separated by a 50-foot strip of old vacated right-of-way currently belonging to the owner of 5320 Elmridge Circle. The Reinbeck's had arranged to purchase the strip in order to combine their landlocked homestead parcel with the parcel fronting on Edgewood Road. The Reinbeck's' homestead parcel (A) contained 34,900 square feet of area, making it substandard for its R-IA1S, Single-Family Residential zoning. The nonconformity was increased by the lack of frontage on a public street. Parcel (B) contains 87,237 square feet and had 250 feet of frontage on Edgewood Road. The Elmridge Circle parcel (C) contained 60,314 square feet of area, of which approximately 7750 square feet would be conveyed to the Raisbeck's. The Raisbeck's would then end up with one parcel, 129,887 square feet (2.98 acres) in area. Parcel (C) would have 52,564 square feet. The Raisbeck's also proposed building a detached garage that, when combined with their existing attached garage would exceed 1200 square feet of area, and would contain 1396 square feet of area. The applicants proposed remodeling their existing home, reducing the attached garage to 552 square feet. The total area of accessory space would be 1948 square feet. Director Nielsen also noted the existing home would have 2927 square feet of floor area on the main floor alone, with almost as much on the second story. With regard to analysis of the case, Director Nielsen explained the proposed subdivision and combination was entirely consistent with the Shorewood Zoning Code and it brought the applicants' property into conformity with lot width and area requirements. He also noted that the subject property extended to the center of Edgewood Road, and as part of the approval of this request, it was CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 6 of 11 recommended that the applicant provide 25 feet of public right-of-way. Also, drainage and utility . easements, 10 feet wide around the perimeter of the newly configured lot were required. He also stated the applicant must provide a boundary survey with existing and proposed legal descriptions and descriptions of the required right-of-way and utility easements. With regard to the conditional use permit criteria, as outlined in Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code, Director Nielsen explained the request complied with all criteria. He also noted a new paved loop driveway would serve both the existing and the new garage, and an existing driveway on the west side of the property would be removed as part of this project. As a result of this analysis, Director Nielsen stated Staff recommended approval of the proposed division/combination and the conditional use permit, subject to the previously discussed recommendations of Staff. Director Nielsen also stated there were two areas that required correction in the proposed resolution for approval of these matters. He noted Item 3, and an additional Item 4, in the resolution should read: 3. The Applicants shall provide drainage and utility easements, 10 feet wide, around the perimeter of the new parcel described in Exhibit C by an instrument in form and substance . approved by the City Attorney. 4. The Applicants shall record this resolution with the Hennepin County Recorder and Registrar of Titles within thirty (30 ) days of the date of the certification of this resolution and record a deed for the 25 foot street right of way for Edgewood Road. Jeffrey Watson, attorney of Moss & Barnett, representing the applicants, stated he would be happy to answer any questions the Council might have had of him regarding this case. . Councilmember Turgeon stated she would like to have Council review the final draft of the proposed resolution for final approval as well and suggested continuing this case to the June 27, 2005, Regular City Council Meeting Agenda. Mr. Watson stated the applicants were concerned about the timing of the planning process as there were several areas of concern that needed to be pieced together appropriately in order to proceed efficiently. He noted closing of the property could not take place until the subdivision had been approved by the Council. . Turgeon moved, Lizee seconded, Continuing this Item until the June 27, 2005, Regular City Council Meeting Agenda, subject to the revised resolution and City Attorney addressing easement issues. Motion passed 5/0. C. Minor Subdivision/Combination Applicant: Howard's Point Marina Location: 5400 Howard's Point Road Director Nielsen explained that Howard's Point Marina owned the two properties at 5400 (the Marina) and 5380 (the house) Howard's Point Road. They proposed rearranging the lot line between the marina property and the residential property. The purpose of the division/combination was to bring their existing dock configuration into compliance with LMCD Code, which required docks be located at least . 10 feet from the side lot line of the property, extended into the water. As explained in the applicant's request letter, the problem came to light only after the LMCD required HPM to provide a survey of the property for another matter. . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 7 of 11 Director Nielsen noted the request to be quite simple. The rearrangement of the lot line straightened it out to a 90 degree angle with the street and with the shoreline of Lake Minnetonka. Side yard setbacks were considered most effective when the lot lines were perpendicular to the street. The small triangle of land in the request did not adversely affect either the marina property or the property withthe house on it. Therefore, Director Nielsen stated the approval of the division and combination is recommended by Staff. Wellens moved, Lizee seconded, Adopting RESOLUTION NO. 05-055, "A Resolution Approving a Subdivision and Combination of Real Property for Howard's Point Marina." Motion passed 5/0. D. Preliminary Plat - Parkview Applicant: Location: Bridgeland Development Co. 5025/5045/5055/5075 Suburban Drive Director Nielsen explained Bridgeland Development Company had assembled four parcels of land at 5025 through 5075 Suburban Drive, totaling 5.90 acres. The developer proposed removing the four existing homes and assorted outbuildings on the lots and replatting the property into nine single-family residential lots. He went on to explain the subject properties were characterized by rolling topography, with high points in front of 5045 Suburban, in the northeast corner of the site and the south side. The topography also held three wetland basins - one in the southwest corner of the property, one on the north side, and one to the east in the Amesbury development. Existing vegetation consists of a mix of mature, deciduous and coniferous trees. He also explained the property was zoned R-1C, Single-Family Residential. Surrounding land uses and zoning included Suburban Drive, then single-family residential; zoned R-1C and R-1D to the west; single-family residential; zoned R-1C to the north; twinhomes and townhomes; zoned P.D.D. (Amesbury) to the east; and Manor Park; zoned R-1C to the south. Director Nielsen also noted the proposed lots would be served by a cul-de-sac street, approximately 470 feet in length. Lots ranged in size from 20,520 to 32,390 square feet and averaged 25,454 square feet. With regard to the evaluation of the project, Director Nielsen explained issues related to the zoning code and subdivision code, such as street design, grading drainage and erosion control, utilities, wetlands, tree preservation and reforestation, and street lighting. Director Nielsen explained the developer proposed filling in the small wetland on the north side of the property. While he believed the sizing of the wetland in that area allowed for the jurisdiction of the "de minimus" rule, he noted the area was currently lawn for the house at 5075 Suburban Drive. He stated the wetland buffer area must be restored using wetland vegetation, and the fmal plat should include a drawing illustrating where stakes would be placed to identify the 35 foot buffer. Steve Nelson, of Bridgeland Development Corporation, stated the pad size for each lot should be quite sufficient as the project developer intended to make the pads 60 feet deep and 70 to 80 feet wide, depending on each specific house plan. Mayor Love stated he was concerned with the wetland buffers disappearing over time, and requested some delineation be made in this area for this wetland. Director Nielsen agreed this was a good idea. Director Nielsen noted there were several issues recommended for revision as part of the planning process for this project. These issues were addressed as followed: CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 8 of 11 1. Plans for streets, utilities, grading, drainage and erOSIOn control were subject to the . recommendations of the City Engineer. 2. Grading (including the filling of Wetland 2), drainage and erosion control were subject to the recommendations of the Minnehaha Creek Watershed District. 3. Prior to final plat release, the developer must pay $10,800 in local sanitary sewer access charges. 4. The City Council should hold a work session to discuss the possibilities of expediting the water main connection between the Amesbury and Southeast area water systems. 5. Prior to release of the final plat, the developer must pay $18,000 in park dedication fees. 6. The plat must include "Block 1" and a name for the new street. 7. Wetland buffers must be staked on the property. The development agreement for the plat will address the City's wetland protection requirements, including a conservation easement over the . buffer areas. 8. The developer must submit a final tree preservation and reforestation plan, prepared by a registered landscape architect or forester. This plan should be referred back to the Planning Commission prior to final plat approval. With regard to certain areas of concern addressed by Council, Director Nielsen requested Item 2 of the . recommendations include wording that included a development agreement in the final plat. He also requested Item 7 be revised to state: 7. Wetland buffers must be staked on the property delineated by wetland buffer markers, and native woody wetland plantings. The development agreement for the plat will address the City's wetland protection requirements, including a conservation easement over the buffer areas. Councilmember Wellens requested clarification on the drainage issues in that area and where the drainage would be routed from this project. Engineer Brown stated it was well known that drainage was a problem in the project area, however, he anticipated the drainage for the project would be an improvement for the area given that the project area would be graded, with drainage heading to the street pipe system and then to Manor Park. . Turgeon moved, Wellens seconded, Approving a Preliminary Plat for Parkview, subject to all Staff recommendations, for the Bridgeland Development Corporation, 5025/5045/5055/5075 Suburban Drive. Motion passed 5/0. 9. GENERALINEW BUSINESS A. Appeal Notice to Remove Appellant: Quentin Irey Location: 26040 Wild Rose Lane Director Nielsen explained that based upon a neighborhood complaint, Quentin Irey's property at 26040 . Wild Rose Lane was inspected for alleged violations of Shorewood's City Code. He noted that while improvements had been made to the property, all violations were not yet remedied, and Mr. Irey had . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 9 of 11 requested additional time for compliance in recent correspondence. He stated should an extension be granted, Staff recommended that it only be granted until June 23,2005, after which time remaining items in violation would result in legal action without further notice. Quentin Irey, 26040 Wild Rose Lane, explained he had an addition put on his house in the last year, with completion of that project happening in February of this year. He stated the remaining items on the list, specifically the landscaping materials and the snowmobile, would be utilized in future landscaping projects. The snowmobile would be moved to another property as soon as possible, and until such time would remain covered in his yard. He noted these remaining items were all that remained from the original violations letter, and were only visible from his yard. He requested an extension beyond the recommended date of June 23,2005, as he would be away on business during that time, and would not be able to attend to the items as needed. He also noted the construction project had been delayed by new construction crews and wet weather. Councilmember Turgeon stated the items had been there for one year's time currently and she was not willing to grant any additional time for compliance unless something more could be done with the remaining items. Director Nielsen suggested the landscaping materials be stacked neatly behind the garage on the property and the snowmobile remain covered. Mr. Irey noted he understood the concerns, however, he would not be able to do anything until after July 4 ofthis year. Turgeon moved, Wellens seconded, Granting an Extension of the Notice to Remove, subject to the landscaping materials being neatly stacked behind the garage by June 23, 2005, and the items either utilized or removed from the property by August 1, 2005. Motion passed. Councilmember Turgeon also requested the City review its junk ordinance as part of a work session program in the future. B. Appeal Notice to Remove Appellant: Gale E. Olson, Jr. Location: 25775 Birch Bluff Road Director Nielsen explained a notice to remove had been sent to Gale Olson, Jr. at 25775 Birch Bluff Road based upon a neighborhood complaint. Mr. Olson had recently requested additional time to comply with the notice of removal of items on the property. Director Nielsen further stated Mr. Olson had made attempts to remove the items listed on the notice in order to bring the property into compliance, and had also followed the appropriate process for these matters. Mr. Olson reviewed the list of items completed and items remaining. He noted he had been working with City Staff to bring the property into compliance, and the photos submitted for review in this matter had been taken in late April. After a brief discussion ofthese matters, Staff recommended an extension be granted until July 13,2005. Turgeon moved, Wellens seconded, Granting an Extension for a Notice to Remove for Gale E. Olson, Jr. 25775 Birch Bluff Road. Motion passed 5/0. CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13, 2005 Page 10 of 11 Mayor Love recessed the meeting at 9:00 P.M. and reconvened the meeting at 9:15 P.M. C. SLMPD Issues Group recommendations Administrator Dawson explained the South Lake Minnetonka Police Department Issue Group had recently completed its meetings on May 26, 2005, after several months of facilitation in reaching an agreement on issues of concern with the member cities. He summarized the recommended changes to the Joint Powers Agreement (JP A) and related governance issues, as well as financial and service issues associated with the fund formula for the department. He also summarized the alternatives for the future related to acceptance and rejection of the recommended changes to the JPA. Administrator Dawson stated each of the member cities' councils had until June 30, 2005 to act on this matter. The Council held a brief discussion on possible alternatives for this process. . Wellens moved, Lizee seconded, Continuing this Item until the June 27, 2005, Regular City Council . Meeting. Mayor Love stated while no agreement was perfect, his intention was to support the agreement if it was met by acceptance in other member city council actions. He also thanked the Council for attendance and support in the facilitation process, noting he was encouraged by the interest and involvement of all Councilmembers in attendance from the City. Motion passed 5/0. D. Storm Clean-up Administrator Dawson explained he and Engineer Brown had toured the City recently in order to learn more about the recent storm activity in the City. Engineer Brown stated the City experienced a significant amount of storm damage in all areas of the City. Furthermore, he shared recent photos depicting some of the downed trees and power lines as a result of the storm earlier in the week. He noted he was quite pleased with the clean-up efforts undertaken by City residents, especially in clearing the right of way areas throughout the City. In response to a question by Councilmember Turgeon, Engineer Brown explained there were several options that the City Staff utilized during storm clean-up, but there was not a clear process for handling significant storm damage. He stated communications continued to improve with Xcel Energy in situations such as this one; however, there was always room for improvement. Mayor Love complimented City Staff for its efforts in brush removal and clearing of debris in this recent storm situation. He also stated he greatly appreciated the integrity of the City Staff in working despite the recent power outages and lack of functioning office equipment. . . . . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES June 13,2005 Page 11 of11 10. ENGINEERINGIPUBLIC WORKS A. County Road 19 Xcel Undergrounding Engineer Brown stated he had hoped to receive an analysis of options from the City's consultant regarding undergrounding efforts; however, that report had not yet been submitted. As a result, he stated this item would be slated for the June 27,2005, Regular City Council Meeting Agenda. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown explained the County Road 19 Intersection project was progressing at this time, He noted Country Club Road would be closed as part of this project for approximately two weeks in order to expedite the construction schedule. Mayor Love stated he had recently seen flagrant violation of the temporary signaling in the intersection and requested Staff work with the SLMPD on this matter. 2. WedgewoodIMallardlTeal Public Information Meeting Engineer Brown stated the City held a recent Public Information meeting regarding options for City streets in the Wedgwood, Mallard, and Teal area. He noted the meeting had been well attended and residents expressed interest in edge control and narrow uniform width of streets in that area. B. Mayor & City Council Mayor Love noted several upcoming meetings m the area. 12. ADJOURN Lizee moved, Wellens seconded, Adjourning the June 13, 2005, Regular City Council Meeting at 10:12 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 WORK SESSION MONDAY, JUNE 13, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS Immediately following Regular City Council Meeting MINUTES DRAfT 1. CONVENE WORK SESSION MEETING Mayor Love called the meeting to order at 10:13 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Without objection from the Council, Mayor Love proceeded with the Agenda for the meeting. 2. PARKVIEW DEVELOPMENT WATER SERVICE Engineer Brown explained there was an opportunity to provide a municipal water interconnection to a nearby well in addition to providing several residential connections to the municipal water supply as a result of the Parkview Development. He noted the necessary funding mechanisms for this potential interconnection project, and questioned the Council's support for such a project. After a brief discussion, Council indicated general support for such a project, but requested specific information related to potential costs be presented to Council at a Regular Council meeting in the future. 3. OTHER There was no other business presented this evening. 4. ADJOURN Lizee moved, Wellens seconded, Adjourning the Work Session Meeting of June 13, 2005, at 10:30 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk 1F~B . . . . . PAYABLES APPROVALS For 6/27/05 Council Meeting ~ Prepared by: Catherine Elke, Sr. Accountant Reviewed by: ~ M. Bonnie Burton, Finance Director .~ U- Date: b(~5' Approved by: Craig D son, City Ad Date: ~-d2.3-0s Date: W~s' =#- 31} PAYROLL APPROVALS For 6/27/05 Council Meeting &~ "fib, Prepared by: Catherine Elk~, S~Acc~untant Reviewed by: ~~ Bonnie Burton, Finance Director Approved by: ~ ~ / u Craig Da son, City Administrator Date: 0-~3-05 Date: ~ Date: 6;f?Jfps-- . . . . . ... . 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 FROM: Brad Nielsen DATE: 22 June 2005 RE: Sign Permit - Edward Jones (Shorewood Village Shopping Center) . FILE NO. 405 (Sigil Permits) Premium Signs, on behalf of Edward Jones, has requested a sign permit for their location within the Shorewood Village Shopping Center located at 23480 Highway 7. Consistent with the most recently approved overall signage plan for the center, the sign will be located within the signage band on the front of the building as illustrated in Exhibit A, attached. . The application includes proposed signage on the door window which goes beyond the specifications included in the Center's most recent Conditional Use Permit. In-line tenants are allowed one window sign limited to the business name and open/closed information only. Window signage is to be included in the allowable sign area up to a maximum of three square feet.. Since the wall sign measures 17.25 square feet, the window sign, in this case, may not exceed 2.75 square feet. Subject to modification of the window signage, the plan is consistent with previous approvals and it is recommended that the permit be granted. If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Craig Dawson Premium Signs . ft ~~ PRINTED ON RECYCLED PAPER # 3 C!.. . !~ . "g~ . Iii&) -:z: .. IL_ " I--il ( III I I . I I . I I I~ I !!: Ii I - 11 1 I D. I m I~ I ~ 11 II I';' II ~I II I' leG I . I I I' ,I .<iU U II "9"lv I .2: I .... fll ~~ I o~ m~ . IL_ . 1-11 II I I I I I I I I~ I I~ I . 11 I I I I II I I.. II I.;. I II II II II I eG I l,i leD ,I IL~I . Exhibit A . 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 . FROM: Brad Nielsen DATE: 22June 2005 RE: Oasis Market - Temporary Sign Permit . FILE NO.: 405 (Sign Permits) Identi-Graphics, Inc., on behalf of the Oasis Market Gas Station at 24365 Smithtown Road, has requested approval of a sign permit to display a temporary banner announcing the upcoming change of their gas supplier to "Marathon" (see Exhibit A). The banner will be no larger than 32 square feet in area and will face Smithtown Road (County Road 19). . Section 1201.03 Subd. llc.(4) of the City Code provides for the use of temporary signs twice within arty 12 month period, seven days at a time and no larger than 32 square feet in area. Our records indicate that the Oasis Market has not had a temporary sign permit within the last 12 months. However, the store had recently displayed the banner without a permit for three days until they were told to remove it pending approval. They have also not indicated a length oftime proposed for display. As such the permit should be approved for one four-day period (preserving an additional seven-day permit within the next 12 months), or one eleven-day period (the maximum for 12 months minus the three days they have already used). If you have any questions relative to this matter, please do not hesitate to contact my office. Cc: Craig Dawson . Identi-Graphics, Inc. . n ~.1 PRINTED ON RECYCLED PAPER tp..3. D. . ~ ci ~ ., ...... ~ ~ \::-- ~\ '\-~ . ~ \~ . . . Exhibit A :c. ) . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF REAL PROPERTY FOR DAVID AND ELLEN RAISBECK WHEREAS, David W. and Ellen J. Raisbeck (Applicants) are the owners of certain real properties in the City of Shore wood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have an interest in certain real property in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit B, attached hereto and made a part hereof; and . WHEREAS, the Applicants have applied to the City for a subdivision and combination of said real properties into one parcel legally described in Exhibit C, attached hereto and made a part hereof; and WHEREAS, the subdivision and combination requested by the Applicants complies with the Shorewood Zoning Code. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described in Exhibits A and B be divided and combined into one parcel, legally described in Exhibit C, attached hereto and made a part hereof.. . 2. The City Clerk shall furnish the Applicants with a certified copy of this resolution for recording purposes. 3. The Applicants shall provide drainage and utility easements, 10 feet wide, around the perimeter of the new parcel described in Exhibit C by an instrument in form and substance approved by the City Attorney. 4. The Applicants shall provide a public street easement across the south 25 feet of the new parcel described in Exhibit C by an instrument in form and substance approved by the City Attorney. 5. The Applicants shall record this resolution with the Hennepin County Recorder and Registrar of Titles within thirty (30) days of the date ofthe certification of this resolution. . #3.[. , . Existin2 Le2al Descriptions - David and Ellen Raisbeck Parcels Parcell (propertyI.D. 29-117-23-34-0015) Lots 1 and 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka. That part of vacated Lakefront as shown on the Plat ofSampsons Upper Lake Park, including the accretions thereto lying between the extensions to the shore of Lake Minnetonka of the East line of Lot 1 and the Southwesterly line of Lot 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka. Together with a non-exclusive easement for ingress and egress as shown in deed Doc. No. 987048. . (Certificate of Title No. 701735) . . . Parcel 2 (Property I.D. 29-117-23-34-0001) That part of Government Lot 3, Section 29, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Southeast corner of Lot 3, Section 29, Township 117, Range 23, running thence West along the South line of said Section 29 a distance of 791 Y2 feet to the point of beginning; thence North 1 degree 3 minutes Westby a deflection Northerly 88 degrees 57 minutes to the South line of South Street, in Sampson's Upper Lake Park; thence Northeaster]v q,long said South line of said street to a point where the Easterly line of Lot 1, Block 1, ~ Addition if produced would intersect the South line of said South Street; thence Easterly parallel with the South line of said Government Lot 3, a distance of 50 feet; thence Southeasterly to a point on the South line of said Government Lot 3, 250 feet East of the point of beginning; thence Westerly along said South line of said Government Lot 3, to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Exhibit A , Proposed Le2al Description - Parcel to be Purchased . The following described real property situated in Hennepin County, Minnesota: That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, lying westerly and southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park Lake Minnetonka, to an angle point on the westerly line of said Lot 2, Block 1, Elmridge located 206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2. . . . Exhibit B . . Proposed Leeal Description Lots 1 and 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka. That part of vacated Lakefront as shown on the Plat of S amp sons Upper Lake Park, including the accretions thereto lying between the extensions to the shore of Lake Minnetonka of the East line of Lot 1 and the Southwesterly line of Lot 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka. Together with a non-exclusive easement for ingress and egress as shown in deed Doc. No. 987048. (Certificate of Title No. 701735) . and Parcel 2 . That part of Government Lot 3, Section 29, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Southeast comer of Lot 3, Section 29, Township 117, Range 23, running thence West along the South line of said Section 29 a distance of 79112 feet to the point of beginning; thence North 1 degree 3 minutes West by a deflection Northerly 88 degrees 57 minutes to the South line of South Street, in Sampson's Upper Lake Park; thence Northeasterly along said South line of said street to a point where the Easterly line of Lot 1, Block 1, said Addition if produced would intersect the South line of said South Street; thence Easterly parallel with the South line of said Government Lot 3, a distance of 50 feet; thence Southeasterly to a point on the South line of said Government Lot 3, 250 feet East of the point of beginning; thence Westerly along said South line of said Government Lot 3, to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. . and Parcel 3 That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, lying westerly and southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park Lake Minnetonka, to an angle point on the westerly line of said Lot 2, Block 1, Elmridge located 206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2. . Exhibit C .. 1 . . . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO DAVID AND ELLEN RAISBECK WHEREAS, David W. and Ellen J. Raisbeck (Applicants) are the owners of real property located at 26640 Edgewood Road, in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a detached garage which, when combined with existing accessory space on the property, will bring the total amount of accessory space on the property to approximately 1396 square feet; and WHEREAS, the Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 2 June 2005, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 June 2005, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at their regular meeting on 13 June 2005, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The total area of accessory space (1948 square feet) does not exceed the floor area above grade of the principal structure (2927 square feet - main floor). 2. The Applicants' lot contains approximately 129,887 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-IA/S zoning district in which it is located (4,000 square feet). 3. The design and materials of the proposed garage will be compatible with the architectural character of the existing home. 4. The proposed garage complies with all setback requirements for the R-IA/S District. -1- .. 1 CONCLUSION . 1. The application ofDavidW. and Ellen J. Raisbeck for a Conditional Use Permit as set forth herein above be and hereby is granted. 2. That the Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the garage for other than allowable residential purposes would have to comply with such regulations. 3. The City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder and Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 27th day ofJune, 2005. . Woody Love, Mayor ATTEST: . Craig W. Dawson, City Administrator/Clerk . . -2- i . . . . . Legal Description Lots 1 and 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka, Hennepin County, Minnesota. That part of vacated Lakefront as shown on the Plat of Sampsons Upper Lake Park, including the accretions thereto lying between the extensions to the shore of Lake Minnetonka of the East line of Lot 1 and the Southwesterly line of Lot 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka. Together with a non-exclusive easement for ingress and egress as shown in deed Doc. No. 987048. (Certificate of Title No. 701735) and Parcel 2 That part of Government Lot 3, Section 29, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Southeast comer of Lot 3, Section 29, Township 117, Range 23, running thence West along the South line of said Section 29 a distance of 791 ~ feet to the point of beginning; thence North 1 degree 3 minutes West by a deflection Northerly 88 degrees 57 minutes to the South line of South Street, in Sampson's Upper Lake Park; thence Northeasterly along said South line of said street to a point where the Easterly line of Lot 1, Block 1, said Addition if produced would intersect the South line of said South Street; thence Easterly parallel with the South line of said Government Lot 3, a distance of 50 feet; thence Southeasterly to a point on the South line of said Government Lot 3, 250 feet East of the point of beginning; thence Westerly along said South line of said Government Lot 3, to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. and Parcel 3 That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, lying westerly and southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park Lake Minnetonka, to an angle point on the westerly line of said Lot 2, Block 1, Elmridge located 206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2. Exhibit A -3- \ . . . . . CITY OF SHOREWOOD RESOLUTION NO. 05. A RESOLUTION APPROVING THE FINAL PLAT OF BARRINGTON SECOND ADDITION WHEREAS, the final plat of Barrington Second Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements ofthe laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The plat of Barrington Second Addition is hereby approved. 2. The Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat on behalf ofthe City Council. 3. The final plat, together with this resolution, shall be recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of June 2005. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK #3. F. . ~ c a 5T. ;':.8;',"'::; aA:' / / I I:) I ~'': .- R. r. DOC. NO '[ C. R. DOC. NO ~ ,- t:) l'J KNAPP BARRINGTON ~ . .... ~ K - / M P 5 0 ... '" C h' .. ~ D D o .. T If C J......SOU1HtASTtftl,. RIGHt-OF-WAY LINE or "- .... ., R ~cc r:', :'<;:.." <- ....:... '" se9.,7'32"Ei 525.69 NORTH UNt Of' un '''-.. ~ "--u=~-~;~~:.:<;? OUTLOT "of.."" A ! ....../ li S84'O.1'JT'[ ~ / Ju : . f./ 9: i,,'/ SI4'OYo!T[ .00 8 8 i i , I ! _'D.'lI~ -00 .., ...fer....oo ./ 42.00 42.00 " oJ C> I' ~ ::; R[[;/- u ::; 2 _ v R ~. E ~.. 5~3 I I I 5 :; 3---1 R. L. S. .. ~ ~...- .~. ;'5 J~~ .. ~ I~ oJ. ~ II ~ i 8 Ii 2 . .. 10 j ~ Ft. :.. _. I I It- (' I' ~\ ,( ,( ~ 4-1 ~~ () () b~ L~: (CAK 5\ Tr-~\ ~i- lA....~.i 'l. ~~ _ _ ~t:,. I ~;; h' E [; 1ST ERE D \ '..~ '. ~ ~~~ S :; R ~' ~ ;- \ \. \ ~\-l~ \ (r) I ;~! ~ \1 \ ;.~ , I ~U It- '",,-,... (' I' ~~ ( ~-\..-.., ,. C T ~;' B \ I~ ...... ......~ 4-()) I I~...;....,:--,..... ,..... ( ",,"'" ". 0 U T LOT \ ,,\ \ \ NDA1HWEST --. ....,,: SOU1H lINE OF THE stIU1HWEST OUARlER Of 1tI! u_.__._" . n :J )1 '~\ CORNER " ~.... '-~ SOU1HWEST OUARlUt tE 5[CtICw 2!t ~ 111 NDRlH. ". . ,... .... : T I..... \ LOT 26 ,'.....LM P(It TtlRRENS V);,"' RANGE 23 IlEST. -'. ., ~. C ;. IJ V \ . .' C:ASt NO. 482. .4".)....... /""'-.... '. ~.. ~ - -""'74.9~". :'~-I NOTFllUIlD ~~"'~"'::'- -r:- ~~ "~ T,,~. !.. _". ,'':;'PLE\ N88"JO"\~/s 9;S~~\" :J: :; 5 C N .t^~......... 2 ~,I- N...~-.---T--~~':;-"~r-'''. ,'.~;','.E . .. o,t.K '\' ~.. I -. I OJ .... I :UARn::s~~NER~~='-. .. ~~i\ 1t6$--....=., - ---A:; 0 I . --. ...,,.. or S[('1l(J4 25 ..., U7 NORTH. ii ~ \ _ _b,.-,; - ...aNd'l'14"'If .f v. RANGt 23 WESt. ~ pi!. _ ~_ .._ I \Jl. 0 ''Il L-_---...>I! " :: o. I E! ! - I'~'''/I~~ II _ - r; Ii I',';' h'~~lmITS I ~ ,-, SOl/1MlIW.....;r:r :; T;' r c: H -- ~ J ~~ . -~ ___ W(ST UN[ Of lHE NDlt1HwESl OUAIITtfl: t1F..-- 1 . S[CnQH 3i, 1OWN5ttf' 117 NORtH, IIAMDt 13 WEST. [ANDER COWHER ON EAST Lft,/[ or SECllON J~u.._. }, TOYlN!iHlP 111, RANG! 23. .l.U PER TORRENS CAst -, NO. .t8n aaoT f"OI.ItID \ -~ 42.(10 ~2.00 NBrIS'41.W eUJD () III .. ~ \,,\ :,~,& \ :i ,~ "--.. DIlAINACE AND ~ ~T~Y ~EU,= _~_ ~ ::; I I U a n I..J' . I V ~ ::; AN D DR.A IN'" OE EASEUENT , . ,. n ,",' D .. ~ '" v. : 5 : 5 A ~,. K N ;. " " , ' C Q C ~ . .... n ,.: - \ . ND S<Al! . . ,~.~~:=A: LOT 77 ~i ~~ g" ~~ wMtii ~l!i!t il ~~::l ~ !~J ~~ . !~; 5~~ ~ r i ".. 1&.50 SlWSS'3rW f ~~ " \.. a"" s~. t" ill ~ ~ j ~ --- .(.E , .( 11: Anderson Engineering of Mat a, LLC, CIVIL ENGINEERING AND LAND SURVEYING 2 (:1 9 W*E s -. "- '( 11: DlAINAOE AND U1IU1Y EA5EUEWIS ARt SHDVIN 1HUS: .[ I" l_~'i~ " 1.-. NO SColLE BEING .5 F[[T .. MOTH. ADJOlNIN~ LOT UNES. ~ 10 FEET II _1H. AOJDlNING RIGHT OF WAY UNES. UNI.BS tmlERfIISE _ltD. --- . DEND'JES FOUND 1/2 INCH IRON MONUUENT o DtND1'ES 1/2 NCH BY 14 INCH IRON MONlAIENT sa AND MMKED IY UCDI5E NO. 10281 . DENOtt$ I'ClUMJ HtNNEPfN COUNTY CAST lION MONUMENT , "Co r S "t ~ S S -.; (. 'i: ',~ 0 ':. " 0'" ....-- " \ ;.. 01) --- " ~ ' --- --- --- --- N W<>E S o 50 100 ~-~ 5~- IN ISO I Fa:T \ ~--- ~ .. ~'t> ~~".. ~"b 64 \ ',(l , '1- ... --- '4'=' ~";< G Cv' V ~~ .q,q, c>C> rJ " y ~1.0.11LS "'.~ ~'~~A L;- " c: --' ~Oo. ".9 -If /~SO~/' \ I ",SO'l- "'-1 ~ I (--, . / I 7' ltl.rl.lS.t.t.N ---Qt1??___ I S . ....~ 'f/ :. / q,...... <' ,~' ~. ,,~ct- -; . \: ", ""~ ~">::.~ .q,Cb (>)-t-:~ 'fl c>C> >~ (:;~ \...-/ V r'J C:' -r\A!\ I I- "r" H 1\1 I "1 / ~/ ~ -:7 1\ I l\l f\ V o ~~ "'a" '" t , lO....~ ....G-. ~~ .lOCb ., U~) c>C> ~c'J::".9:r, _' '1-P Q~ '/~;'~ "4- \ --- ..j~ J. --- I ~ l- . . ----- --- . " . -"7 " ... / .' . . . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR PARKVIEW WHEREAS, Bridgeland Development Company (Applicant) has an interest in certain lands within the City of Shorewood and has applied to the Council for preliminary plat approval of a plat to be known as Arbor Creek; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a memorandum to the Planning Commission, dated 31 May 2005, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City's Engineering Consultant and his recommendations have been duly set forth in a memorandum to the City Planner, dated 1 June 2005, which memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 7 June 2005, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. approved. That the Applicant's request for preliminary plat approval ofParkview is hereby 2. That such approval is subject to the recommendations set forth in the City Planner's memorandum, dated 31 May 2005, the recommendations set forth in the City Engineering Consultant's memorandum, dated 1 June 2005, and the terms and conditions contained in the minutes of the Planning Commission meeting of7 June 2005 on file at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of June, 2005. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk # 3~ . 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: June 23, 2005 RE: Accept Bids and Award Contract Badger Well Building City Project 98-06 . Bids were received and opened on Wednesday, June 15, 2005 for the Badger Well House Improvements. A total of two bids were received. Bids were checked for mathematical accuracy and have been tabulated. The lowest bid submitted for construction of the well improvements was submitted by EnComm Midwest. The amount of their bid is $498,894.00. While EnComm has not performed work within the City of Shorewood previously, reference checks prove that they are a responsible and respected firm. . The engineer's opinion of cost is $586,000 for the well house improvements and the electrical control portion of the contract. Proposals for the electrical design, installation and purchase of the "motor starter," and control portion of the project is performed under a proposal for engineering services under a separate contract. While not specific to this authorization, the costs for that portion of the project is $72,900.00. This brings the total contractor construction costs of the building to $571,794 versus the $586,000 stated in the cost opinion. Therefore, staff is recommending award of the contract to Encomm Midwest. Recommendation Staff is recommending approval of the resolution that accepts the bids and awards the project to Encomm Midwest in the amount of $498,894.00. . #. '-J PRINTED ON RECYCLED PAPER ~3H CITY OF SHOREWOOD . RESOLUTION NO. 05-_ A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR BADGER WELL HOUSE IMPROVEMENT PROJECT CITY PROJECT 98-06 WHEREAS, pursuant to an advertisement for bids for local improvements designated as the Badger Well Improvement Proj ect for the City of Shorewood, Minnesota, City Project No. 98-06, bids were received, and opened on, June 15,2005, and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that Encomm Midwest. Inc., is the lowest responsible bidder in compliance with the specifIcations. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a contract with Encomm Midwest. Inc., in the name ofthe City of Shorewood, Project No. 98-06, according to the plans and specifIcations therefor approved by the City Council on fIle in the offIce of the City Administrator/Clerk. . 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and the next lowest bidder, which shall be retained until a contract has been signed. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of June, 2005. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk . . Bid Tabulation Project Name: Badger Field Well House Improvements Client: City of Shorewood Project No. 98-06 WSB Project No. 1074-87 Addendum Addendum Addendum Contractor Bid Bond No.1 No.2 No. 3 Total Bid 1 EnComm Midwest X X X X $498,894.00 2 Rice Lake Construction X X X X $579,900.00 . Engineer's Estimate $586,000.00 * I hereby certify that this is a true and correct tabulation of the bids as received on June 15,2005 . . 'k'~ ~ 4~~ Kevin F. Newman, P.E. * The engineers estimate includes instrumentation and controls equipment, which were not included as part of this bid. Instrumentation and controls are being furnished directly to the City under a separate contract. . . K:\01074-87\Admin\Construction AdminBid Tab Cert Page Exhibit A Bid Tabulation 6/15/05 Badger Field Well House Improvements for the City of Shorewood City Project No. 98-06 EnComm Midwest Rice Lake Construction No. Mat. No. Item Units Qty Unit Price Total Price Unit Price Total Price SCHEDULE A . SITE WORK I 2021.501 MOBILIZATION LS 1 $6,500.00 $6,500.00 $25.000.00 $25.000.00 2 2101.605 CLEARING AND GRUBBrNG ACRE 0.15 $2,000.00 $300.00 $2,000.00 $300.00 3 2104.501 REMOVE CURB AND GUTTER LIN IT 300 $4.00 $1,200.00 $4.00 $1,200.00 4 2104.501 REMOVE WATER MArN LIN IT 45 $22.00 $990.00 $10.00 $450.00 REMOVE BITUMINOUS 5 2104.505 PAVEMENT SQYD 40 $11.00 $440.00 $10.00 $400.00 SAWING BITUMrNOUS 6 2104.513 PAVEMENT (FULL DEPTH) LrN IT 135 $5.00 $675.00 $6.00 $810.00 SALVAGE AND RErNSTALL 7 2104.523 HYDRANT ASSEMBLY EACH 1 $550.00 $550.00 $800.00 $800.00 8 2105.501 COMMON EXCAVATION CUYD 300 $7.50 $2,250.00 $7.00 $2,100.00 9 2105.507 SUBGRADE EXCAVATION CUYD 25 $20.00 $500.00 $12.00 $300.00 SELECT GRANULAR BORROW 10 2105.522 (CV). PLAN QUANTITY CUYD 325 $14.00 $4,550.00 $12.00 $3,900.00 HAUL AND DISPOSE OF 11 2105.609 CONTAMrNATED SOIL TON 1400 $47.50 $66,500.00 $26.50 $37,100.00 12 2211.501 AGGREGATE BASE CLASS 5 TON 150 $17.50 $2,625.00 $16.00 $2,400.00 TYPE LV 3 WEARING COURSE 13 2350.501 MlX11JRE (B) TON 30 $66.00 $1,980,00 $75.00 $2,250.00 TYPE LV 3 NON WEARING 14 2350.502 COURSE MIXTURE (B) TON 30 $70.00 $2,100.00 $72.00 $2,160.00 BITUMINOUS MATERIAL FOR IS 2357.502 TACK COAT GALLON 15 $4.00 $60.00 $4.00 $60.00 CONNECT TO EXISTrNG WATER 16 2504.602 MArN EACH 1 $1,350.00 $1,350.00 $400.00 $400.00 17 2504.602 12" GATE VALVE AND BOX EACH 1 $1.950.00 $1,950.00 $2,000.00 $2,000.00 12" WATER MArN. DJ.P., CL 52 W/ 18 2504.602 POLY WRAP LIN IT 30 $175.00 $5,250.00 $80.00 $2,400.00 19 2504.608 DUCTILE IRON FITTINGS POUND 700 $3.50 $2,450.00 $1.00 $700.00 20 2521.607 SIDEWALK SQYD 85 $45.00 $3,825.00 $40.00 $3,400.00 CONCRETE CURB & GUTTER 21 2531.501 DESIGN B618 LIN IT 400 $18.00 $7,200.00 $16.00 $6,400.00 22 2563.601 TRAFFIC CONTROL LS 1 $500.00 $500.00 $500.00 $500.00 23 2573.502 SILT FENCE, TYPE HEAVY DUTY LIN IT 235 $4.00 $940.00 $3.00 $705.00 24 2575.505 SODDING SQYD 335 $4.00 $1,340.00 $6.00 $2,010.00 25 2571.601 LANDSCAPrNG LS 1 $9,500.00 $9,500.00 $4,500.00 $4.500.00 SITE LIGHTrNG AND 26 2545.501 ELECTRICAL LS 1 $4,250.00 $4,250.00 $4,000.00 $4,000.00 K:\01074-87\Admin\Construction Admin\Badger Field Well House Improvements Bid Tab . . . . . .. Bid Tabulation Badger Field Well House Improvements . 6/15/05 for the City of Shorewood . City Project No. 98-06 EnComm Midwest Rice Lake Construction No. Mat. No. Item Units Qty Unit Price Total Price Unit Price Total Price 27 2103.501 BUILDrNG DEMOLmON LS $7,500.00 $7,500.00 $10,000.00 $10,000.00 28 2564.531 F&I SIGN PANELS TYPE C SQFT 2 $75.00 $150.00 $100.00 $200.00 29 2564.603 4" SOLID LrNE WHITE EPOXY LrN FT 250 $1.50 $375.00 $1.00 $250.00 TOTAL OF SCHEDULE A. SITE WORK $137,800.00 $116,695.00 SCHEDULE B. WELL HOUSE CONSTRUCT WELL HOUSE (INCLUDrNG MASONRY . STRUCTURE, rNTERIOR PIPING, CHEMICAL FEED EQUIPMENT, MECHANICAL SYSTEMS, ELECTRICAL SYSTEMS, AND 30 RELATED APPURTENANCES LS 338719.00 $443,065.00 $443.065.00 TOTAL OF SCHEDULE B - WELL HOUSE $338,719.00 $443,065.00 . . . SCHEDULE C- WELL AND WELL PUMP REHABILITATION PUMP REMOVAL AND RErNSTALLATION, INCLUDrNG ELECTRIC MOTOR, DISCHARGE HEAD, COLUMN PIPE, HEADSHAFT, LINESHAFT, LINESHAFT BEARINGS, PUMP BOWL ASSEMBLY, AND OTHER 31 RELATED APPURTENANCES LS I $5,450.00 $5,450.00 $5,000.00 $5,000.00 COMPLETE ONE (1) VIDEO 32 SURVEY OF THE ENTIRE WELL LS I $1,550.00 $1,550.00 $1,400.00 $1,400.00 WELL ALIGNMENT AND 33 PLUMBNESS TEST LS I $450.00 $450.00 $420.00 $420.00 REPLACE TOP COLUMN PIPE 34 SECTION LS I $250.00 $250.00 $230.00 $230.00 REPLACE INTERMEDIATE COLUMN PIPE SECTIONS rNCLUDrNG COUPLrNG 35 RETArNERS EA 10 $395.00 $3,950.00 $360.00 $3,600.00 REPLACE BOTTOM COLUMN 36 PIPE SECTION LS I $275.00 $275.00 $250.00 $250.00 LINE SHAFT REPLACEMENT INCLUDrNG BEARINGS AND 37 RETArNERS LF 250 $29.50 $7,375.00 $26.00 $6,500.00 MOBILIZATION/ DEMOBILIZATION OF SAND 38 REMOVAL EQUIPMENT LS 1 $2,350.00 $2,350.00 $2,100.00 $2,100.00 39 SAND REMOVAL AND DISPOSAL CY 5 $90.00 $450.00 $85.00 $425.00 K:\01074-87\Admin\Construction Admin\Badger Field Well House Improvements Bid Tab K:\01074-87\Admin\Construction Admin\Badger Field Well House Improvements Bid Tab " 'I. . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewDod.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works . DATE: ' June 23, 2005 RE: Accept Proposal for Engineering Services KLM Engineering - SE Area Tower Rehabilitation Attachment 1 is a proposal received from KLM Engineering for preparation of plans specifications, engineer's estimate, and inspections services for the rehabilitation of the SE Area Water Tower. The proposal provided has been evaluated for costs for such a proj ect. Staff recommends acceptance of the engineering proposal for professional services provided by KLM Engineering for the SE Area Water Tower Rehabilitation Project. :tr 3 'r n ~." PRINTED ON RECYCLED PAPER May 23, 2005 By E-Mail & U. S. Mail Mr. Larry Brown P.E. City Engineer City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331-8926 RE: Proposal to Prepare Specifications and Provide Inspection Services During the Reconditioning of a 400,OOO-Gallon Single Pedestal Spheroid in Shorewood, Minnesota. Dear Mr. Brown: Thank you for the opportunity to submit this proposal the for specification preparation and inspection services during structural repairs, surface preparation and coatings application for the interior and exterior on the above referenced tank. Potential Benefits to the City of Shorewood . We propose to prepare a specification package specifically designed for water storage tank reconditioning. Our experience has shown that the more comprehensive the specification is, the more likely it is that the project is completed on time, on budget, and with quality workmanship. The KLM specifications will reduce the occurrence of contractor requests for change orders during reconditioning. Without complete information, contractors can claim that unknown conditions are present that were not included in the bidding specifications. . Today's protective coating systems are designed to last 15-20 years with only minor maintenance. Tight project specifications and full-time inspections give the coating systems the opportunity to realize their intended service life. . Full time inspection by KLM Certified Welding Inspectors during structural repairs and NACE Coating Inspectors during coating reconditioning assures that the work performed by the contractor is in conformance with the specifications, so that it can maximize it's life expectancy. KLM inspectors monitor workmanship during all phases of work and approve the contractor's work. Utilizing this process, maintenance costs will be reduced in the number of reconditioning cycles over the life of the tank. . Our project administration and inspection services provide a buffer between the project specifications and the real world challenges that can negatively impact project performance. To initiate the project correctly, KLM project management assures that Attachment # 1 J . . . . . . bids are advertised correctly, bidders are qualified, proposals are evaluated for conformance to contract documents, and that the low qualified bidder(s) is recommended. . Prior to and during the project, we will work with you to tailor a customized approach to project management that fits your requirements. For some clients, a "turnkey" approach is appropriate and we provide complete project management from start to finish. Other clients prefer to perform one or more of the project administration duties as this fits their system. We can derive a balanced approach to project management that suits you. . . . . Proposal Cost Summary . 1. Design Services 2. Construction Management 3. Inspection Services Fixed Fee Estimated Estimated $6,200.00 $3,360.00 $30,250.00 4. Warranty Inspection (2007-08) Fixed Fee $39,810.00 $3,800.00 Total Estimated KLM Cost in 2005 City of Shorewood Proiect Work Plan Upon execution of a contract for Engineering and Inspection Services, KLM Engineering, Inc. proposes the following schedule to perform the proposed work utilizing the listed project team. City of Shorewood order to proceed: . 1. Preliminary Specifications Completed by June 7, 2005 2. Design. Services Completed by June 14,2005 . 3. Construction Management Option No.1 fall 2005 Construction: Completed by October 20,2005. Option No. 2 spring 2006 Construction: Completed by June 20, 2006. 4. Inspection Services Option No.1 fall 2005 Construction: Completed by October 20,2005. Option No.2 spring 2006 Construction: Completed by June 20, 2006. 5. Warrantv Inspection Services Spring or summer 2007-08. . . . Scope of Work: Proiect Specifications The project specifications will include: Section A meets Section B Section C Section D . Section E . Section F . Section G Section H . Advertisements for Bids This section provides a detailed description of the project and the requirements for legal advertisements. Instruction to Bidders This section provides precise instructions to bidders including the scope of work, insurance, payments, time of completion, bidder qualifications, taxes and permits, legal requirements, performance and payment bonds and other important project information. Proposal This section contains the bid proposals; construction time frame alternate bid proposals, legal requirements and the bidder and subcontractor qualification forms. Pro1ect Requirements This section includes a complete description of the project, project schedule(s), execution of contract documents, notice to proceed, project meetings, quality assurance, liquidated damages, and legal and technical requirements for executing the scope of work. Technical Specifications This section details the technical specifications for structural modifications, surface repairs, interior and exterior surface preparation, exterior abrasive blast containment, disposal of spent abrasives, dehumidification, lettering and logo, submittals, workmanship, unfavorable weather conditims, surface coating and material, repair work, health and sanitary facilities, clean up, ventilation and safety requirements, superintendent, inspection of work, sterilization of tank interiors, and containment plan. Supplemental Conditions This section supplements or amends the General Conditions and/or other provisions of the Contract Documents. General Conditions This section includes all the General Conditions designed for water tank reconditioning, such as authority of the Engineer, engineering inspection, modifications, additions and subtractions of scope of work, extensions of time, insurance and other appropriate items. Contract Documents This section provides the form of agreement to be used between The Owner and Contractor. Section I Section J Section K Section L Section M Section N Section 0 Payment and Performance Bond As of July 31, 1994, Minnesota State Law requires separate bonds for payment and performance. Inspection Report This section includes enclosure of past inspection reports with copies of color photographs. This provides the bidders with a clear perspective of the interior conditions of the tank(s) and the scope of work involved. Drawings This section includes drawings, which define structural repairs or modifications and welding definitions. Surface Preparation Requirements This section references excerpts from NACE Standard RP0178-91 Recommended Practice Fabrication Details, Surface Finish Requirements, and Proper Design Considerations for Tanks and Vessels to be Lined for Immersion Service for defIDing welding and grinding requirements of the structural repair or modifications. Existing Paint Test Results This section contains paint chip test results for lead and chromium used to calculate the risk factor and classification of containment required for conformance with Federal and State Environmental Regulations. Lettering and Logo (optional) If required, this section includes drawings of any required lettering and logo. Additional Owner Specification Requirements (optional) This section is available for addtional Owner Specification requirements. . . . KLM will also perform at a minimum, the following related specification services: . 1. Advertise the project in appropriate Construction Bulletin. 2. Issue the specifications to prospective bidders. 3. Respond in writing to bidder questions, which require formal clarifications. 4. Issue addenda to the specification as required to the Owner and plan holders. 5. Attendance at one (1) pre-bid meeting at the Owners facility. 6. Evaluate the contractors bid proposals for conformance to specifications. 7. Recommend in writing to the Owner the low, qualified bidder(s). . . Specification and Related Services KLM proposes to provide the project specifications and to perform related services listed above, in conformance with the enclosed Terms and Conditions for a Fixed Fee of $6,200.00. This fee includes two (2) copies of the specifications for the Owner; all listed related services, and the attendance of a qualified project manager at the pre-bid meeting in the City of Shoreview, MN. This phase of the project will be billed upon submittal of the preliminary specifications. Additional meetings at the request of the owner or for antenna lease are not part of this agreement. KLM reserves the right to submit for add ional fees for any antenna administration. KLM reserves the right to negotiate this contract depending on the low bid accepted by the owner. . . . . Construction Mana2ement The project manager and project supervisor work together on managing the project. The project supervisor does the review of the submittals from the contractor. The supervisor communicates with the inspector on a daily basis. The supervisor will enforce the project specifications as necessary. The supervisor is the main contact between the contractor representative and the owner. The manager does the final review of the submittals and pay requests. . Construction management will include: 1 Review meeting minutes 2 Scheduling of inspections 3 Review of pay requests 4 Processing change orders 5 Project close out administration 6 Establish the warranty date 7 Review of inspectors daily documentation on a weekly basis 8 Review of the contractors submittals: 1. Drawings review 2. Welder Certifications 3. Welder Qualifications 4. Welding Procedures 5. Coating Materials Submittal 6. Containment Plan 7. TLCP Sampling Plan 8. Spent material collection and disposal 9. Lettering and logo . . . . . . Reconditionin2 Inspection The inspector assigned to this project will be a NACE Trained Coating Inspector and/or A WS Certified Welding Inspector. All of our inspectors have extensive practical experience and knowledge of water storage tank reconditioning. They are experienced sandblasters, painters, climbers, riggers, coating inspectors, welders and welding inspectors, which allows the inspector to perform inspections alongside the contractor to ensure conformance to the project specification. At a minimum, the field inspections will include the following: . A preconstruction meeting with the client and contractor to clearly define the role of the Engineer and Inspector and to discuss the intent of the specifications. . Monitoring and approval ofthe structural repairs and modifications for conformance to the specifications. . Inspection of the abrasive blasting media and equipment for conformance to the specifications and to prevent contamination of surfaces during surface preparation with moisture and oil and or other contaminants. . Monitoring the paint removal and abatement process for conformance to the specifications and environmental regulations. . Monitoring the contractors mixing and application of the coatings for conformance to the specifications and the coating manufacturer's recommendations. . Approving surface preparation samples. . Recording the contractor's progress for adherence to the construction schedule. . Submittal of daily and weekly inspection reports. . Review progress payments. . Sampling and testing of spent abrasives and waste streams generated for conformance to the specification and environmental regulations. . Monitor punch list items and subsequent corrective action by the contractor. . Final inspection, substantial completion, and project acceptance. The duration of the field inspection depends upon the construction schedule alternate selected during the bid evaluation process and on the time it takes the contractor to perform the structural repairs and coating work. . . . Construction Manae:ement and Inspection Fees Based on the project duration of seven weeks, a 2005 construction and coating schedule, KLM's current Fee Schedule and Terms and Conditions, and an anticipated 48-hour work week, our field inspection services will be charged on a time and material basis. Total construction management and inspection fees for the project are estimated at $33,6l0.00. Fees are subject to change if proposed work exceeds 12 months from this bid proposal. . This cost estimate includes the attendance of a qualified and assigned Inspector at the preconstruction conference in Shorewood, MN. VVarrantvInspection We propose to perform a Warranty Inspection on the referenced tank prior to the expiration of the performance bonded two- (2) year warranty for a Fixed Fee of $3,800.00. This fee includes one (1) copy of the warranty inspection report for the Owner and one (1) copy of the report for the contractor. Prior to the expiration of the warranty period, KLM will request verification to proceed with the warranty inspection under the terms of this contract. This phase of the project will be billed upon submittal of the Warranty Inspection Report. This fee does not include any necessary inspection(s) should warranty repair work be required. . . . . . . Project Team . . KLM Enl!ineerine;, Inc. Team Members . Inspection Report and Specification Writer: Jack R. Kollmer . Marketing Manager: Shawn A. Mulhern . Specification Writer: Matt Erickson . Professional Engineer: Chris Otterness . Project Field Supervisor: Kelly C. Mulhern . Field Inspectors: Rodney J. Ellis Bryon J. Jensen Cole Iverson Scott Kriese Frank Garritano Cal Lopez 1 ROV Operators: Trevor Klock Paul Keenan . Lead Diver: Brian McCroden . Terms and Conditions The attached Terms and Conditions are part of the agreement between KLM and the City of Shorewood, unless otherwise agreed to in writing by both parties. The Fee Schedule used by KLM while our personnel are working on the project is the current Fee Schedule and will not be changed during the project duration. Services performed by KLM Engineering, Inc. for this project will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. . References KLM would encourage the City of Shorewood to call any or all of the references provided. . .. \. Time Frame This proposal is valid for sixty (60) days. If the City of Shorewood finds this proposal acceptable, please sign and return. We can begin work immediately once a contract has been executed. Preliminary specification should be ready for submittal to the Owner in two (2) to three (3) weeks after the receipt of a signed contract. . If you have any questions regarding this proposal, please call me at 651-773-5111 or fax this proposal back at 651-773-5222. This agreement, between the City of Shorewood and KLM Engineering, Inc. of Lake Elmo, Minnesota is accepted by: (Name) (Title) City of Shorewood, Minnesota. (Date) . (Name) (Title) KLM Engineering, Inc. Lake Elmo, Minnesota (Date) . We look forward to working with you. Sincerely, KLM Engineering, Inc. Shawn A. Mulhern Marketing Manager . Enclosure: KLM Statement of Qualifications MPCA Removal of Lead Paint from Steel Structures KLM Maintenance Program Graph SAM C: Win My Doc. Proposal 2005 Shorewood, MN . . . . . . . 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 .J DATE: . June 23, 2005 RE: Accept Proposal for Professional Services and Equipment - Instrument Control Systems for the Badger Well House hnprovement Project Attachment 1 is the proposal for design services, installation of controls and the purchase of a motor control starter. Instrument Control Systems, Inc. (ICS) provided this proposal. Staff excerpted this portion of the Badger Well hnprovement Project from the general specifications to insure that tight control was provided over the mission critical components of the well facility. ICS will provide the design for the heart ofthe system, and the purchase of key electrical components for the well, as part of their contract. Staff has worked with ICS and has found them to be a very dedicated and responsible team in the field of well controls systems. ICS' proposal falls within the costs estimated for this portion ofthe project. Recommendation Staff recommends acceptance of the proposal provided by Instrument Control Systems for the Badger Well House hnprovement Project. =#=35 #. ~.1 PRINTED ON RECYCLED PAPER . J . ~I ..I INSTRUMENT CONTROL SYSTEMS, INC. 1300516TH AVE. NORTH. SUITE 100. PLYMOUTH MN 55441 PHONE: (763) 559-0568. FAX: (763) 559-2187 www.icscontrols.com-emsll:ics@icscontrols.com ~ ~. ENGINEERING -INSTALLATION - SERVICE To: CITY OF SHOREWOOD Re: BADGER WELL HOUSE Engineer: WSB I KAEDING AND ASSOC. June 6, 2005 Gentlemen: Attached is our proposal for equipment and services for the subject project based on the applicable section of the plans and specifications. Our proposal references the following specification sections and includes those items as described in the attached Bill of lIaterials: . SPECIFICATION 16900 STARTERS AND MOTOR CONTROL SPECIFICATION 16950 INSTRUMENTATION AND CONTROL Unl... specified otherwise our quotation Includes the following items for equipment furnished by . les only: . 1) Complete engineering submittal drawings 2) Complete installation manuals and "As Builr drawings 3) Equipment start-up and calibration 4) Warranty as specified 5) Freight to jobsite Un.... specified otherwise our quotation does not Include the following: 1) Sales or use tax 2) Installation of equipment and job site labor other than as specified. . 3) Receiving and storage of equipment on the job site 4) Installation materials, brackets, wire, clamps, piping, etc., not speciflC8l1y described in our materiallisl 5) Performance, payment or equipment bond of any kind. Should you have any questions or require additional information conceming this quotation please contact me at (763)w559-Q568. Respectfully Yours, Instrument Control Systems, Inc. ~Sd1kn~ PM . Page 1 of2 Attachment # 1 " . . . . . . ~ BILL OF MATERIALS SPECIFICAtiON 16900 A MOTOR CONTROL CENTER' VFD ** ( 3 SECTIONS - 90 HI X 75 WIDE X 20 DEEP) B. NEMA 4X 30AMP DISCONNECT FOR THE CL2 BOOSTER PUMP C. GENERATOR RECEPTACLE! BACKBOX -MCC CONTAINS: FEEDER BREAKERS (30,20,20,15 AMP ) SIZE 1 STARTER VFD W , BYPASS CONTACTOR SURGE ARRESTORS AND CAPACITORS POWER MONITORING SECTION TWO INTERLOCKED 200 AMP BREAKERS ( MAIN SE BREAKER & GENERATOR CB. ) ( INTERLOCKED BREAKERS TAKE THE PLACE OF THE SERVICE ENTRANCE BREAKER AND THE TRANSFER SWITCH ) NOTES: 1.) THE UTILITY METERING eABINET AND I OR METER I soeKET IS NOT INeLUDED SPECIFICATION 16950 A) SUPERVISORY CONTROL PANEL W 'INTERNAL UPS B.) ROOM FLOOD SWITCH C.) WELL ORAWDOWN SENSOR' W JUNCTION BOX FOR SURGE ARRESTOR AND BELLOWS D.) QUANTITY 5 DOOR MAGNETIC SWITCHES E.) CL2 ROOM VENTILATION PANEL NEMA 12 F.) PRESSURE SWITCH OR CURRENT SWITCH TO PROVE WELL OPERATION G.) MODEMS FOR NEW AND 2 EXISTING SITES ( MODEMS ARE INSTALLED BY ICS ) NOTES: 1.) THERMOSTATS ARE NOT INCLUDED ...SEE SPEC 16100 2.) FLOWMETER NOT INeLUDED...SEE SPEe 13350 LABOR AND SERVICES A Drafting B. Engineering C. Documentation D. Production E. Testing F. Startup Price per bill of material and scope of work $72,900.00 Page 2of2 . 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 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works . DATE: June 23, 2005 RE: Accept Improvement and Authorize Final Payment - 2004 Bituminous Overlay Project . This item is a housekeeping item for the final acceptance and payment ofthe 2004 Bituminous Overlay Project. The project has been inspected, and the final bonds and withholding certifications have been filed with the City by Midwest Asphalt, Inc. Recommendation . Staff is recommending approval of the Resolution that accepts the 2004 Bituminous Overlay Project and authorizes final payment in the amount of$1,049.10 to Midwest Asphalt, Inc. . -#-3 K ft ~J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO 05- . A RESOLUTION ACCEPTING THE 2004 BITUMINOUS OVERLAY PROJECT, CITY PROJECT 04-06 WHEREAS, the City of Shorewood has entered into a contract with Midwest Asphalt, Inc. for City Project No. 04-06, for the 2004 Bituminous Overlay Project; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, subjectto the following items: . 1. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 2. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. . ADOPTED by the City Council of the City of Shorewood this 27th day of June, 2005. . Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . r . . . . . 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: . June 23, 2005 RE: Proposal for Professional Services for WSB and Associates, Inc. for the Feasibility of Interconnection of the SE Area Well and Amesbury Well. Staff has reviewed the proposal provided by WSB and Associates for preparation of a water model for SE Area Well and Amesbury Well systems. While the total proposal is significant, the modeling component of the system aids operations and ongoing system operations. Recommendations Staff is recommending acceptance of the proposal for professional services for interconnection of the two water systems. :#=3L n ~J PRINTED ON RECYCLED PAPER ~ ~ WSB WSB & Associates, Ine. 701 Xenia Avenue S. Suite#300 Minneapolis, MN 55416 (763) 541-4800 (763) 541-1700 (fax) . & Associates, Inc. June 22, 2005 Mr. Larry Brown, P.E. City Engineer/Director of Public Works City of Shorewood 5755 Country Club Road Shorewood,~ 55331 Re: Proposal and Estimate of Fee to Provide Professional Engineering Services for Preparation of a Feasibility Study and Report to Evaluate Connection of the City's Southeast Water System to the Northeast Water System City of Shorewood, ~ . . Dear Mr. Brown: WSB & Associates, Inc. (WSB) is pleased to present this proposal to the City of Shorewood (City) to provide professional engineering services as they relate to preparation of a feasibility study and report evaluating connection of the City's Southeast Water System to the Northeast . Water System. A feasibility report will be prepared based on the project understanding and detailed work plan outlined on the following pages. The feasibility report will include a discussion of the existing conditions of each of the water systems, projected improvements needed to connect the two water systems, and probable costs of the projected improvements. The report will also include drawings showing the approximate location ofthe proposed improvements. When completed, we will provide copies of the completed report to the City, and attend meetings as requested to present the information to the City Council. If you are in agreement with the scope of services and fee outlined on the following pages, please have the City block of this letter signed and return a copy to WSB. Our receipt of an executed copy will be WSB' s authorization to proceed. Should the City request additional services . outside of the above scope of services, we will work with you to establish a revised scope and fees. Attachment # 1 C:lDocumellts and Seui"gsyeanILocaJ Scttitlgs\Tempurnry IlIlenlOl FileslOLKJOElAtlacllmellt I WS8 Proposal.doc . Mr. Larry Brown, P.E. June 22, 2005 Page 2 If you have any questions or comments, or require any additional information, please contact us at 763-541-4800. Sincerely, WSB & Associates, Inc. . David E. Hutton, P .E. Vice President Kevin F. Newman, P .E. Project Manager ACCEPTED BY: CITY OF SHOREWOOD . Name: Title: Date: . . C:lDocuments alld Setri"gsljetmlLoClJI SeUillg.l'\Temporaf)' In/enter Files\OLK /OE\Altadlmell1 / WSBProposa/.doc Proposal to Provide Professional Engineering Services . for Feasibility Study and Report Evaluating the Connection of the City's Southeast Water System to the Northeast Water System City Of Shorewood Proiect Understandine: The City of Shorewood requires the completion of a feasibility study and report that provides an evaluation of the possibility of connecting the City's Southeast Water System to the Northeast Water System. Based on our discussions with City staff members, our understanding of the project is as follows: The City's Southeast Water System and Northeast Water System currently operate as two separate systems. The Southeast Water System, which the City also refers to as the Waterford System, has one well located along Covington Road just east of Market Road with . a pumping capacity of approximately 950 gpm, and a 400,000-gallon elevated storage tank. located near the intersection of Covington Road and Waterford Court. This water system currently serves approximately 435 single-family lots in the area bounded on the north by State Highway 7, on the west by Christmas Lake, on the east by Vine Hill Road, and on the south by the Chanhassen city limits. The Northeast Water System is located in the northeast portion of the City and adjacent to the . east side of the City of Greenwood. This system has two wells and one hydro-pneumatic tank. The wells and hydro-pneumatic tank are in a well house located along Knight Bridge Road. One of the wells has a pump capacity of 400 to 450 gpm and the other well has a pumping capacity of60 gpm. The Northeast Water System serves approximately 45 multi- family units located north of Manor Road and extending up into the Bays Water Road area. Specific issues to be addressed in the feasibility study and report are: . . The feasibility of connecting the Southeast System to the Northeast System, based on water system operating pressures. . Alternative routes and sizing for watermains connecting the two systems. . The capability of these two systems, if connected, to serve additional existing homes located along St. Albans Bay Road from State Highway 7 to Manor Road, along Manor Road from St Albans Bay Road to Greendale Road, and along Suburban Drive from Manor Road to Forest Drive. . The capability of these two systems, if connected, to serve proposed development located at the comer of State Highway 7 and Minnetonka Boulevard. Proposed Scope of Services WSB's project scope and proposed work plan is based on our understanding ofthe project and . experience on similar projects. The following are the major tasks that will be performed in preparing the feasibility study: C:\DocuHumts alld SeIli"gsljealJlLocal Se/ti"gslTemporary Inlenret FilesIOLKJOE\AnQcllmelll/ WSB Proposal. doc . . Task 1: Project Management and Coordination Project Management is a key task included in each project undertaken by WSB. This task consists of management and administration, project coordination, and communication with the City of Shorewood on the project. Proper completion of this task will help keep all affected parties routinely updated and informed regarding project issues as well as keeping the project on schedule and within budget. Task 2: Computer Water System Model Task 2.1: Using GIS-based mapping, create a WaterCAD (by Haestad Methods) water system model to reflect the current water structure for both the Southeast Water System and the Northeast Water System, incorporating all6-inch and larger existing water mains. . Task 2.2: Calibrate the computer models using available field data collected by City. If required, WSB can perform hydrant flow testing for use in calibrating the models as an additional service. Task 2.3: Using the calibrated water system models, identify and evaluate current deficiencies in each of the water systems to accommodate present demands with respect to w capacities, water system pressures, and other operational considerations. Provide _.Jrrective alternatives. . Task 3: Water Use Projections Task 3.1: Analyze consumption trends and determine current average water demand for each type of user in each of the water systems. . Task 3.2: Based on proposed development and the potential for extending water service to existing non-serviced lots in the two water system areas, determine future minimum day, average day, maximum day and peak hour demands based on past usage records. Task 3.3: Meet with City staff to reach consensus on design system demands to be used for evaluation of the two water systems separately and evaluation of the two water systems connected. Task 4: Water System Improvements Task 4.1: Using the WaterCAD water system models, evaluate the adequacy of each of the existing systems, separated, (utilizing all 6- inch or larger existing water mains) to accommodate future demands (domestic and fire flow requirements) under adequate pressure and flow conditions. . Task 4.2: Create a WaterCAD water system model that combines the Southeast Water System and Northwest Water System and evaluate the adequacy of the two systems when connected, to accommodate current and future demands (domestic and fire flow requirements) under adequate pressure and flow conditions. This will include an evaluation of the existing production and storage facilities and the existing transmission/distribution mams. C:\DoculIlenlJ alld &mingsljean\LocaJ SerliugslTemporary Jntenlel FileslOLKJOElAltachrnerll J WSB Proposal. due . Task 4.3: Based on projected system demands, make recommendations, if appropriate, for . future production and storage facilities to meet demand projections. These recommendations will include the type and size of needed facilities. These recommendations shall be based upon total overall costs, including construction cost and operation/maintenance costs. Task 4.4: Using the calibrated water system models, evaluate and make recommendations regarding the locations of future production and storage facilities, as well as future transmission/distribution mains required to meet the design demands. These recommendations will be based upon total overall costs including construction cost and operation/maintenance costs. Task 4.5: Prepare capital costs for the improvement to the water systems. Include in the plan the construction and operation and maintenance costs for each improvement based on present day values. Task 4.6: Meet with City staff to review type, size, and location of recommended future production and storage facilities, as well as future transmission/distribution mains required to . meet the design water demands. Task 5: Prepare Feasibility Report Task 5.1: Prepare a draft feasibility report incorporating our findings. Task 5.2: Meet with City staff to discuss draft report. . Task 5.3: Finalize report based on City input and provide City with five copies of final report. Task 5.5: Ifrequested, attend Council meeting for presentation of report to the City Council. City Tasks . In order to complete our tasks, we will need the City to provide the following: . Provide a designated project contact person. . Assistance will be provided by City staff in collecting field data if needed. . Provide answers to specific project questions, provide requested information, and make decisions regarding project direction during the course of the project. . Provide records, on a quarterly or monthly basis, for total City water pumped to the distribution system, a summation of total water sold, and water sold to each major customer. . Provide information on the well and well pumps, including draw down levels and pump curves. . Provide elevated storage tank operating levels and elevations. . Provide hydrant flow test data. . C:IDocumcllls alld SettfngsJjeal/lLoca/ SeliillgslTemportl1y Imenu!t FileslOLKIOE\Auacllllwm I WSB Proposal.doc . Assumptions WSB tasks and estimated fees are based on the following assumptions: . The feasibility study does not include work related to wellhead protection plan preparation, vulnerability assessments, emergency response plan preparation, or comprehensive water plan. Fee We propose to perform the defined tasks on an hourly basis for an estimated fee of$15,700. A proposed hourly breakdown of each task by employee class is located on the attached spreadsheet. We will bill at our customary hourly rates, attached. Time Schedule . WSB will complete the feasibility study and report within 90 days of receipt of a written authorization to proceed from the Shorewood City Council. . . . C:\Documems and SeltillgsljearllLocal SellittgsITempora1)' It11emel File.sIOLK /OE\Auachme1ll / WS8 Proposal. doc ... WSB Estimate of Cost City of Shorewood, Minnesota Professional Services to Complete Feasibility Study and Report for Connection of Southeast Water System and Northeast Water System & Associates; lnc. Description Evaluate the ad uac of the existln s stems to meet future demands Evaluate the adequacy of the two systems combined to accommodate current 4.2 and future demands 2 8 10 $ 724.00 4.3 Recommendations for future production and storage as well as future transmission/distribution mains 4 4 8 $ 644.00 4.4 Recommendations for iocatlon of future production and storage as well as future transmission/distribution mains 4 4 8 $ 644.00 4.5 Pre are a ca ital improvement plans 2 3 4 9 $ 790.00 Meeting with City Staff to review type, size and locating of recommended 4.6 improvements 5.1 1 6 10 12 6 2 37 $ 2,770.00 5.2 2 2 4 $ 428.00 5.3 1 4 4 4 2 15 $ 1,182.00 5.4 City Council meeting 3 3 6 $ 642.00 Total hours 16 58 15 86 15 7 197 $ 120.00 $ 94.00 $ 67.00 $ 67.00 $ 1,920.00 $ 5,452.00 $ 5,762.00 $ 1,005.00 $ 15,679.00 AttaCh. # ,z" Iachmenl2 WSB Proposal . . . . , ~~ ..... -......" 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 DATE: 19 May 2005 TO: Steven and Barbara Swanson 5755 Echo Road Shorewood,~ 55331 PROPERTY LOCATION: 5755 Echo Road PROPERTY IDENTIFICATION NO.: 33-111-23-14-0038 . NOTICE TO REMOVE Offensive and Unhealthy Substances ,.' . NOTICE IS HEREBY GNEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.05, Subd. 9 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not liD:rited to the following: I \ UNLICENSED AND/OR INOPERABLE VEmCLES OR EQUIPMENT: . Toyota :fickup (white), Lie. No~ 336KPR (Jun'95) - expired liceltse OTHER: . . .' Plumbing pipes; concrete blocks; construction scaffolding; iron bar; fence parts; dilapidated ladder; concrete construction debris; bricks; water softener parts; water heater; trash; fireplace box/parts; bathtub; scale; commercial refrigerator; brush pile (approx. 20 c.y.); similar miscellaneous. / You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from , the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you 'do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lien against the property. . *** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION *** BY ORDER OF THE SHOREWOOD CITY COUNCIL ft 'o.J PRINTED ON RECYCLED PAPER -#3 ;\1. '- 'f . Dear Brad Neilson, . In response to the letter from the City of Shorewood. Notice to remove. We have removed the following items, plumping pipes, concrete blocks from the front of the property, construction scaffolding, iron bar, fence parts, water heater, dilapidated ladder, water softener parts, water heater, trash, frreplace box/parts. In regards to other items listed, as in scale, the scale is an antique that is placed ina comer as part of the landscaping, and has a flower pot on it that is planted in every year. That has not been accomplished as of yet this year do to inclement weather conditions. The bathtub is also planed to be used as a cooler for beverages at family gatherings, my husband and his family are plumbers in the area, and we thought it would be a fun addition to the back yard patio. The commercial refrigerator is used to store the patio chairs, the latch has been removed, eliminating any safety hazard. Also, the concrete construction debris, railroad ties, concrete blocks, bricks~ arid various tree stumps and lumber will be cleaned up and disposed of during a landscaping project. We have spoken to our landscaping professional and he is finding a time to get us on his schedule. Regarding the brush pile listed in the complaint, that is not even on our property and we have nothing to do with putting it there. We've lived in our home for 21 years, we've raised our children here and have never had any intension other than to improve our home and surrounding property, its really sad to me that people. feel the need to complain about the way we choose to live in our home, and to attack what we see as art and use in our landscaping, which I might add cannot be seen from any street or any surrounding homes for that matter. . . Thank you, Steve and Barb Swanson . r~.-~"R~f::n~H\~jJtCt:: .'-", i i JUN 2 2005 ~ , ~ . -.. ~... "", r-~,; . -:...... - '. \ ~, r'~T"{ ()f- t~\-1t )l~::~': v~J( ;()L.~ ~ ~~...,.....~.........._--_._,........_....,;..- ",..",~,,,.,, I . \ . corrnnunity ree. resources Date: 6/30/05 To: Larry Brown, Park Commission, Honorabl~ Mayor, and City Council CC: Administrator Dawson From: Kristi Anderson and SallyKeefe RE: 2005 First and Second Quarter Report from Community Rec. Resources . As you may recall, park usage by sports organization participants was extremely low during the fIrst quarter of2005 due to the cancellation of hockey rink usage in early January. This cancellation was due to the onset of warm weather that caused the rinks to flood beyond repair for the winter sporting season. ...:........1.... 'i; The spring season began with a positive response to the new document collection process. Community Rec. Resources staff initiated the new process in early March by electronically mailing documents to all sports organization representatives. Additional organizations, including Minnetonka Lacrosse Association and Twin Cities' Adult Men's Baseball (TC Men's Baseball), were welcomed via direct contact after inquiries had been made during the winter months. Sports data sheets were returned by users electronically allowing an accurate schedule to be drafted by mid- March, much closer to the advent of the spring sporting season. . Participants were directed to attend the Spring Sports Information Meeting held on March 16, with completed documents and full fee payment in hand. In return, each representative was given the schedule for the spring sporting season, thus, completing the reciprocal exchange of documents found in the new process. With few exceptions, the collection process went smoothly. CRR staffhas learned that total documentation collection will most likely never be fully realized due to the organizational affiliation of Southshore Softball Association (SSSA) and TC Men's Baseball. Each of these organizations must adhere to different timelines specifIed by their national organizations. CRR staff met with SSSA representatives in early spring, as leadership had changed in that organization, and needed to be made aware of current issues at the time. As a result, SSSA rosters will be distributed to the City by July 1 of each year. Thus, CRR Staff continued to enhance rapport with these organizations through continued communications, and . *.5ft 1 each organization submitted the maxin:lUm amountof documentation possible by the requested dates for City submission. The spring sporting season got underway in mid-April despite the wet weather and continues as of this reporting. Most org~izations will complete their park usage by mid-July with the exception ofSSSA aridTC Men's Baseball that conclude their seasons August 18 and 21 respectively. CRR is also pleased to report asoccertournanlent was held in Freeman Park June 3 through 5 ofthis year wi'thoutreported concerns. Onsite monitoring confIrmed successful endeavors by all,: including the concession stand, despite the wet weather. It was also observed that parking fQf.t8,W"l1atnent use continued to flow throughout the course of the tournament without issue. Conversations held during onsite monitoring with a variety of park users associated with the tournament led CRR Staff to conclude the event was successful for all involved, once again, despite the wet weather. Year round monitoring yields interesting results. Changing seasonal needs pose a challenge for maintenance and use alike. With the advent of spring-like conditions in January, and the persistence of winter weather into the spring, many organizations found themselves at the whim of Mother Nature. Wet weather continues to demand flexibility from the schedule and users alike. Passive use has increased at Freeman Park with the completion of the trail system allowing a wide range of ages to utilize this amenity. Other parks demonstrate increased activity with regular seasonal use being slated for Manor and Badger parks. Badger Park has been the new home for Minnetonka Lacrosse Association and has also served as host for several school district tennis tournaments. Continued communication between the Southshore Community Center, CRR, sports organizations, and other park users regarding events have provided much needed balance to recurrent parking issues in that area. Manor Park offers both organized and non-organized activity throughout the spring on various nights and weekends. CRR Staff looks forward to providing continued park coordinator services in the remaining quarters of the year. The Fall Sports Information Meeting for organized users will be held on July 21 at City Hall with the introduction of the new documentation collection process for those organizations participating in fall and winter park usage. Staff also looks forward to the remaining Music in the Park series with much pride and enthusiasm for the City's efforts. Thank you again for the opportunity to provide park coordinator services to the City. It is always a pleasure, and should you have any questions regarding park usage, monitoring, or reporting, please do not hesitate to contact us, as we remain committed to providing the City with dedication and quality in our services. Community Rec. Resources Kristi Anderson and Sally Keefe 612.743.4124 2 . . . . . . 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: FROM: DATE: SUBJECT: City Council 8b Craig W. Dawson, City Administrator () June 9, 2005 Recommendation from SLMPD Issues Group . The SLMPD Issues Group completed its meetings on May 26, 2005. At the beginning of its process, the Group agreed that all of its recommendations would be interdependent in one package. At the conclusion of its process, the Group agreed that the members' city councils would need to act on this package by June 30, 2005. This action is necessary for the 2006 budget process (with a view to the 2007 budget as well), and to expedite the preparation of amendments to the joint powers agreement (JP A). . The Issues Group did not focus much of its effort on precise wording for changes relating to operations and communications, or to the JPA. Rather, it expressed what changes should be made, and assumed that the final wording would be worked out by the attorneys and staff. The Group's recommended package is attached. The elements are further summarized below: Governance . . Members ofthe Coordinating Committee would be chosen by and serve at the pleasure of their respective city councils. Currently, each city's mayor serves on the SLMPD's governing board. . The Coordinating Committee would be the conduit for communication between the city councils and the police chief. The Coordinating Committee would also decide what reports or information needs to be produced by the Department. Processes for Issues within the JP A . . A dispute resolution process would be added. Member cities would be allowed to "grieve" alleged misinterpretations or violations of the JP A, but not disagreements regarding proposed changes to the JP A. Essentially, there would be a 90-day period for the grievant city and Coordinating Committee to resolve the matter. If it were not resolved, then it would go to mediation for up to 90 days. If still unresolved and the grievant city wishes to pursue the matter, it would go to binding arbitration. ft t.J PRINTED ON RECYCLED PAPER * ql-1 SLMPD Issues Group Recommendation June 13,2005, City Council Meeting Page 2 . . A withdrawal provision would be added. The process would have a minimum 22-month period, beginning no later than March 1 of even-numbered years and with service terminating on December 31 of the next odd-numbered year. The withdrawing city would lose its vote on the operating budget, but would receive the same level of service as the other member cities. The withdrawing city would continue to pay its share ofthe financing for the new police station until it's retired, and would have an equity interest redeemable only upon dissolution of the organization. o There was discussion about some additional costs related to withdrawal, but there was no agreement reached on what they should be; hence they are not addressed in the Group's recommendations. Financial and Service Issues. including Funding Formula . . The fixed percentage of cities' revenues to SLMPD's annual operations would change to: o Excelsior: 25.5% (currently 29.5%) o Shorewood: 49.0%. (currently 46.0%) o Greenwood and Tonka Bay would increase their percentages collectively by 1.0% . · Greenwood currently 8.5% · Tonka Bay currently 16.0% . Any additional staff would require unanimous approval of the Coordinating Committee. . The Operating Budget would require approval by a majority of the member city councils. Currently, the Operating Budget is increased by the least percentage increase over the . current year approved by any member city council. Financial Implications for Shorewood: The $45,000 increase to Shorewood, assuming it was entirely paid through taxes, would represent a 1.17% increase in the City's tax levy. In the 2005 budget, however, the City is paying approximately $718,000 for Tier II service, or $28,000 more than the Tier I funding level of $690,000. Incrementally, then, the costs for police services would increase $17,000 (0.44%) over what the City is paying in 2005. In an exercise done for the Issues Group, staff estimated what each one percent change in the funding formula would change the tax on the median value homestead in each ofthe cities (see attachment dated March 1, 2005). In Shorewood, a 1.0% change on the $337,000 median value homestead would be approximately $4. Thus, in 2005 the tax on this homestead would have been $12 larger based on the Tier I funding level. Based on the Tier II funding level, however, the tax on this homestead would have been $4.50 larger. . . . . . . SLMPD Issues Group Recommendation June 13,2005, City Council Meeting Page 3 Levy limits on cities have not been imposed during the special session ofthe Legislature as of this writing. If SLMPD has a 4.0% increase in funds from the member cities in 2006, Shorewood's share would be $764,000, or $46,000 more than what the City is paying for Tier II service in 2005. If the Legislature were to impose a 2.5% limit to the increase in the tax levy, then in this scenario the City's obligation to SLMPD would be approximately 55% ofthe amount ofthe limited levy increase. The SLMPD's operating fund balance was used to cover a $31,000 revenue shortfall based on Excelsior's less-than-recommended funding approval for 2003. The fund balance has been slowly growing more by happenstance than design, and still remains below recommended levels. This matter needs to be addressed through the operating budget approval process over the coming years. Alternatives for the Future: The permutations and combinations of what may happen may seem endless, but they are under these general headings: . Acceptance of the Package by All Cities. All four city councils would agree to the Issues Group package, and amendments to the JP A are prepared. There should be some consideration given whether to develop the amendment regarding funding first, in order to be in place for the 2006 budget process, or whether to have all amendments considered at the same time (which likely be much later in the year). . Re1ection of the Package by One or More Cities. The current JP A would remain unchanged. o The city councils could decide to reconvene the Issues Group to work through their differences. o An immediate concern of the city councils would be the SLMPD's 2006 budget. For example, if Excelsior were to approve a 0% increase as the cities' required payments in 2006, then the gap between Tier I and Tier II services may grow from $144,000 in 2005 to $200,000 in 2006. The three Tier II service cities would be paying about $60,000 to cover the gap between the recommended and the approved funding from Excelsior. . Alternatives. Some decision-makers have suggested the SLMPD should be dissolved if the Issues Group package is not approved, or at the very least if certain amendments are not made to the current JPA. One thing problematic in the JPA is that it does not provide for dissolution, except at the end of the duration of the agreement (i.e., at the retirement of financing for the new police station). Absent a unanimous agreement of the city councils to dissolve the SLMPD, proceeding with dissolution could involve: o One or more of the cities taking legal action for judicial intervention o Pursuit of special legislation o Other creative alternatives. SLMPD Issues Group Recommendation June 13, 2005, City Council Meeting Page 4 Current Status of Actions by City Councils: . Excelsior: The Excelsior City Council did have this matter scheduled directly on the agenda for its June 6 meeting. It has commissioned Mancel Mitchell, a former police chiefwho performed an analysis for Excelsior last year, to review and comment on the police issues before it. There is some concern that Mr. Mitchell may not be able to complete his report in order for it to be available for Excelsior's next regular meeting on June 20. Accordingly, it has set a special meeting either for Saturday morning, June 25, or Friday evening, June 24, with the exact time to be determined based on the availability of all councilmembers to meet. . Greenwood: The Greenwood City Council had this item on its regular monthly meeting agenda June 7. After some discussion, it decided that it would continue the matter to a special city council meeting to be held at 7:30 p.m. Thursday, June 30. . Tonka Bay: The first regular meeting for the Tonka Bay city council to consider the Issues Group proposal will be on June 14. The date for its other regular meeting this month is June 28. City Council Action: The City Council needs to act on the Issues Group recommendation by June 30, 2005. The Council may wish to continue this item to its June 27, 2005, regular meeting. . . . . . . IEIDRIIDUI TO: FROM: DATE: SUBJECT: SLMPD Member City Councils Staff for SLMPD Issues Group May 31,2005 Recommendations from SLMPD Issues Group The SLMPD Issues Group began its meetings during the fIrst week of March 2005. The Issues Group worked through the process agreed upon by all member cities' councils to be completed by May 31. Over the course of eight meetings, the Group finished its work on May 26. . The Issues Group agreed to several ground rules at the beginning of its process. Key among them were: . 1) The Group would produce a package of recommendations to the members' city councils. The entire package, and not individual issues, would be considered by the city councils. City councils would either approve or reject the entire. package. 2) At least six of the Group's eight members needed to agree on a matter before it became a tentative agreement, and thus appear in its recommendation. The tentative agreements could be revisited before making a final vote on the recommended package. a. Dissenting opinions on individual matters could be attached to Group's final report, but it would be the dissenters' responsibility to prepare their written statements. . The Group's discussion focused on what changes it wished to make regarding the SLMPD joint powers agreement or the SLMPD' s operations and communications. It did not spend much time on precise wording. The Group expected the technical writing on these matters would be performed by attorneys and staff following action by the city councils. Deadlines: At the conclusion of their meeting on May 26, the members of the Issues Group agreed that their city councils must act on the recommended package by June 30, 2005. The following dates are the regular city council meetings in June: Excelsior: Greenwood: Shorewood: Tonka Bay: June 6 and 20 June 7 June 13 and 27 June 14 and 28 . The attached document represents the recommended package of the SLMPD Issues Group. Tentative Aereements Throueh 5/26/05 . A. Governance Issues 1. Coordinating Committee, term and size (4.20.05) Turgeon moved, LaBelle seconded, that each City Council appoint a single representative from each City Council, serving at the pleasure of that Council, to a one-year renewable term on the Coordinating Committee, with the appointment defaulting to the Mayor if the City Council fails to act. Motion passed 7/1, with Miller dissenting. Miller's dissenting opinion: Two representatives on the Coordinating Committee, such as the Mayor and one council person, would represent each city better than one, provide a greater diversity of opinion on issues and may even increase the efficiency of the Coordinating Committee (Mr. Joynes noted that studies suggest the most efficient group size is seven members). In addition, it could ensure that the Mayor would always be represented on the Coordinating Committee whereas in the tentative agreement the Mayor may be removed from the Coordinating Committee. However, Miller acknowledges that the tentative agreement is an improvement in representation over the current JP A. . 2. City Councils, Appropriate involvement Deferred -- need to complete. . 3. Police Chief, reporting relationship, accountability (5.10.05) Love moved, Ruehl seconded, the Coordinating Committee shall act as a "Clearing House" and intermediary in the accountability and information flow chain from citizens to City Councils to the Committee to Chief or reverse. The Foundation list of Regular Interval Reports is attached hereto. The Committee may request other ad hoc reports and information . as deemed appropriate by the Committee. Requests for information may originate at any point in the chain but must follow the flow chart. Motion passed 7/0. (Hill absent) B. JP A Process Issues 1. Process for handling disputes for minor grievances to major structural and funding disputes (5.10.05) Newman moved, Keller seconded, the JPA should be amended to include a dispute resolution process. The process would be initiated by the filing of a written statement of . grievance by any member city. Member cities would be allowed to "grieve" alleged misinterpretations or violations of the JP A but not disagreements regarding proposed changes to the JP A. Once a grievance is filed, the Coordinating Committee would be required to meet within 30 days to consider the grievance and would have up to 90 days from that initial meeting to resolve the grievance. The 90-day timeline could be extended by mutual . agreement of all member cities. Motion passed 7/0. (Hill absent) . Tentative Agreements Thru May 26, 2005 Page 2of3 (5.10.05) Newman moved, Turgeon seconded, if a grievance under the dispute resolution process is not resolved by the Coordinating Committee pursuant to the above process, it shall be referred to mediation. The mediator shall be selected by the Coordinating Committee from a panel of at least 3 qualified mediators. The selection of a mediator shall be by a simple majority vote of the Coordinating Committee members. Motion passed 7/0. (Hill absent) (5.10.05) Ruehl moved, Love seconded, mediation shall be completed within 90 days of the date on which the Coordinating Committee determines that it cannot resolve the grievance. If the Coordinating Committee fails to make a determination regarding the grievance, the 90-day mediation period shall commence when the 90-day period for Coordinating Committee resolution ofthe grievance expires. Motion passed 7/0. (Hill absent) . (5.10.05) Arbitration -- Deferred -- need to complete. (5.26.05) Arbitration -- Newman moved, LaBelle seconded, binding arbitration is the last step for disputes and JP A grievances. Motion passed 6/2 with Miller and Ruehl dissenting. 2. Dissolution and Opt-out procedures, vote requirements . (5.10.05) Withdrawal. Turgeon moved, Newman seconded, the JPA should be amended to allow a party to withdraw provided that any withdrawing party is required to continue to pay its share of the debt service on the existing police facility until that debt is retired. The withdrawing party should retain an equity interest in the existing police facility which may only be redeemed in the event that the IP A is dissolved. Motion passed 6/2, with Miller and Ruehl dissenting. . (5.17.05) Withdrawal notification process. Hill moved, Love seconded, a twenty two month withdrawal notification process beginning in an even numbered year, with formal notification of withdrawal by March 1, with an obligation to remain in the JP A until December 31 of the next odd numbered year. The city withdrawing from the JP A would lose its vote on the SLMPD Operating Budget, but would continue to pay operating costs, and received the same level of service as the other member cities. Motion passed as a tentative agreement, 6/2, with Miller and Ruehl dissenting. (5.17.05) Penalty of withdrawal-Deferred-need to complete. 3. Formalized process to change document Need to fmalize draft. c. Financial and Service Issues. Includine Fundine Formula . 1. Funding factors Tentative Agreements Thru May 26, 2005 Page 3 of 3 . (5.26.05) Motion by Newman, seconded by LaBelle to change the operating budget funding formula to the following fixed percentages -- Shorewood 49%, Excelsior 25.5%, Tonka Bay 16%, and Greenwood 8.5% with Tonka Bay and Greenwood sharing an additional as yet unallocated 1 % between them. This formula is conditioned upon the binding arbitration identified in item B.1. above and requirements that (1) the annual operating budget shall be approved by a simple majority of the member city councils; and (2) the addition of any personnel to the police department will require unanimous approval of the coordinating committee. Motion passed 6/2 with Miller and Ruehl dissenting. 2. Definitions of "fair" and "equitable" 3. Level of service decisions, policing philosophy 4. Provide ability to determine budget contribution with Uniform Service Level for each city . . . . . South Lake Minnetonka Police Department Issues Group Meeting Thursday, May 26, 2005 SLMPD Public Safety Facility Shorewood, Minnesota MEETING SUMMARY 1. Convene the Meetine Bill Joynes, facilitator of the group, convened the South Lake Minnetonka Police Department (SLMPD) Issues Group meeting of May 26,2005 at 4:10 P.M. The following people were present in addition to SLMPD Chief Litsey and SLMPD Deputy ChiefNieling: . Excelsior Mayor Ruehl Councilor Miller City Admin. Whittaker City Atty. Staunton Greenwood Mayor Newman Councilor Saunders Shorewood Mayor Love Councilor Turgeon City Admin. Dawson Tonka Bay Mayor Keller Councilor LaBelle City Admin. Irvine Mr. Joynes introduced Councilor Saunders to the group as an alternate for Councilor Hill from Greenwood. 2. Review Tentative Aereements from Meetine on 5/17/05 . Mr. Joynes noted the tentative agreements attached to the meeting summary of May 17, 2005, for the Issues Group. No comments were presented for correction. 3. Neeotiations . Mr. Joynes explained the process being utilized in negotiations today, and noted each City would be allowed to make a short presentation of remarks regarding remaining issues of concern. Members of the Issues Group from each city then made brief remarks. regarding remaining issues of concern. The Issues Group separated into four separate rooms, one room per City, for negotiation and mediation efforts at 4:45 P.M. The Issues Group concluded mediations and negotiations at 6:23 P.M. and returned to the meeting room. 4. Recommendation to Member Citv Councils Mr. Joynes noted a unanimous decision on the tentative agreements had not yet been reached; however, a proposal would be presented to each member City Council for further consideration. He then outlined a potential time frame for consideration of the proposal and tentative agreements by the member Councils. . Newman moved, LaBelle seconded, Recommending the following proposal to the member City Councils: 1. Shorewood's share of the funding formula would be 49% SLMPD ISSUES GROUP MEETING SUMMARY May 26, 2005 Page 2 of5 2. Excelsior's share ofthe funding formula would be 25.5% 3. Greenwood and Tonka Bay would have a total of 1 %, to be shared between the two cities, over their current percentages. 4. Funding formula percentages are capped at the figures presented in this proposal 5. Any additional personnel to be added to the police department would require unanimous approval by the Coordinating Committee. 6. Binding arbitration will be the final step for disputes and JP A grievances. 7. Budget approval is required by a majority of City Councils. . Motion passed 6/2, as a tentative agreement with Miller and Ruehl dissenting. Mr. Joynes then reviewed the process for Council consideration of the proposal and tentative agreements as presented in the process, noting the member city Councils would need to respond by June 30, 2005. The results would then be presented to the Coordinating Committee with a decision on how to proceed with the remainder of the process being determined at that point. He then thanked all parties present for their sincere efforts made on behalf of their respective constituencies, thanked them for the opportunity to work with everyone, and wished everyone the best of luck in the future. . 5. Other Matters No other matters were presented. 6. Adiournment . Mr. Joynes adjourned the meeting at 6:48 P.M. RESPECTFULLY SUBMITTED, Sally Keefe Recording Secretary . . SLMPD ISSUES GROUP MEETING SUMMARY May 26, 2005 Page 3 of 5 . Tentative A2reements Throu2h 5/26/05 A. Governance Issues 1. Coordinating Committee, term and size (4.20.05) Turgeon moved, LaBelle seconded, that each City Council appoint a single representative from each City Council, serving at the pleasure of that Council, to a one- year renewable term on the Coordinating Committee, with the appointment defaulting to the Mayor if the City Council fails to act. Motion passed 7/1, with Miller dissenting. . Miller's dissenting opinion: "Two representatives on the Coordinating Committee, such as the Mayor and one council person, would represent each city better than one, provide a greater diversity of opinion on issues and may even increase the efficiency of the Coordinating Committee (Mr. Joynes noted that studies suggest the most efficient group size is seven members). In addition, it could ensure that the Mayor would always be represented on the Coordinating Committee whereas in the tentative agreement the Mayor may be removedfrom the Coordinating Committee. However, Miller acknowledges that the tentative agreement is an improvement in representation over the current JP A. " . 2. City Councils, Appropriate involvement Deferred -- need to complete. 3. Police Chief, reporting relationship, accountability . (5.10.05) Love moved, Ruehl seconded, the Coordinating Committee shall act as a "Clearing House" and intermediary in the accountability and information flow chain from citizens to City Councils to the Committee to Chief or reverse. The Foundation list of Regular Interval Reports is attached hereto. The Committee may request other ad hoc reports and information as deemed appropriate by the Committee. Requests for information may originate at any point in the chain but must follow the flow chart. Motion passed 7/0. (Hill absent) B. JP A Process Issues 1. Process for handling disputes for minor grievances to major structural and funding disputes . (5.10.05) Newman moved, Keller seconded, the JPA should be amended to include a dispute resolution process. The process would be initiated by the filing of a written statement of grievance by any member city. Member cities would be allowed to "grieve" alleged misinterpretations or violations of the JP A but not disagreements regarding proposed changes to the JP A. Once a grievance is filed, the Coordinating Committee would be required to meet within 30 days to consider the grievance and would have up to SLMPD ISSUES GROUP MEETING SUMMARY May 26, 2005 Page 4 of 5 90 days from that initial meeting to resolve the grievance. The 90-day timeline could be extended by mutual agreement of all member cities. Motion passed 7/0. (Hill absent) . (5.10.05) Newman moved, Turgeon seconded, if a grievance under the dispute resolution process is not resolved by the Coordinating Committee pursuant to the above process, it shall be referred to mediation. The mediator shall be selected by the Coordinating Committee from a panel of at least 3 qualified mediators. The selection of a mediator shall be by a simple majority vote of the Coordinating Committee members. Motion passed 7/0. (Hill absent) (5.10.05) Ruehl moved, Love seconded, mediation shall be completed within 90 days of the date on which the Coordinating Committee determines that it cannot resolve the grievance. If the Coordinating Committee fails to make a determination regarding the grievance, the 90-day mediation period shall commence when the 90-day period for Coordinating Committee resolution of the grievance expires. Motion passed 7/0. (Hill absent) (5.1 0.05) Arbitration-deferred until a later meeting. . (5.26.05) Arbitration -- Newman moved, LaBelle seconded, binding arbitration is the last step for disputes and JP A grievances. Motion passed 6/2 with Miller and Ruehl dissenting. 2. Dissolution and Opt-out procedures, vote requirements (5.10.05) Withdrawal. Turgeon moved, Newman seconded, the JPA should be amended to allow a party to withdraw provided that any withdrawing party is required to continue to pay its share of the debt service on the existing police facility until that debt is retired. The withdrawing party should retain an equity interest in the existing police facility which may only be redeemed in the event that the JP A is dissolved. Motion passed 6/2, with Miller and Ruehl dissenting. . (5.17.05) Withdrawal notification process. Hill moved, Love seconded, a twenty two month withdrawal notification process beginning in an even numbered year, with formal notification of withdrawal by March 1, with an obligation to remain in theJP A until December 31 of the next odd numbered year. The city withdrawing from the JP A would lose its vote on the SLMPD Operating Budget, but would continue to pay operating costs, and received the same level of service as the other member cities. Motion passed as a tentative agreement, 6/2, with Miller and Ruehl dissenting. . (5.17.05) Penalty of withdrawal- Deferred-need to complete. 3. Formalized process to change document Need to finalize draft. C. Financial and Service Issues. Includine Fundine Formula 1. Funding factors . SLMPD ISSUES GROUP MEETING SUMMARY May 26, 2005 Page 5 of 5 . (5.26.05) Motion by Newman, seconded by LaBelle to change the operating budget funding formula to the following fixed percentages -- Shorewood 49%, Excelsior 25.5%, Tonka Bay 16%, and Greenwood 8.5% with Tonka Bay and Greenwood sharing an additional as yet unallocated 1 % between them. This formula is conditioned upon the binding arbitration identified in item B.1. above and requirements that (1) the annual operating budget shall be approved by a simple majority of the member city councils; and (2) the addition of any personnel to the police department will require unanimous approval of the coordinating committee. Motion passed 6/2 with Miller and Ruehl dissenting. 2. Definitions of "fair" and "equitable" 3. Level of service decisions, policing philosophy 4. Provide ability to determine budget contribution with Uniform Service Level for each city . . . .