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031405 CC Reg AgP .., "i . '. . '. . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 14, 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 Special Meeting Minutes, February 28,2005 (Att. - Minutes) B. City Council Regular Meeting Minutes, February 28, 2005 (Att. - Minutes) C. City Council Special Meeting Minutes, March 7,2005 (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. City Clerk's License Approvals - Tree Trimmer's License (Deputy Clerk's memorandum, Resolution) D. Shorewood Village Center Amendment (Att.- Resolution) Applicant: Shorewood Village Shopping Center Location: 23470 - 23780 Highway 7 E. C.U.P. Amendment for Buildings at the Cemetery of the Resurrection (Att.- Resolution) Applicant: St. John the Baptist Church Location: 5555 Covington Road F. Authorization for Expenditure of Funds to Purchase Seal Coat Aggregate (Att. - Public Works Director's memorandum) ,: . . . . . CITY COUNCIL AGENDA - MARCH 14, 2005 PAGE20F3 G. Sign Permit - Shurgard Self Storage (Att. - Planning Director's Memorandum) Applicant: Crosstown Sign, Inc. Location: 19545 State Highway 7 H. Set Public Hearing Date - Partial Vacation of Ferncroft Drive (Att. - Planning Director's Memorandum) Applicant: Matthew Phillippi Location: West side of Ferncroft Drive adjoining 4870-4900 Ferncroft Dr. I. Receipt of Award: Certificate of Achievement for Excellence in Financial Reporting (Att.- Finance Director's memorandum) J. Authorize Expenditure of Funds for Public Works Equipment (Att. - Public Works Director's memorandum) K. Sign Permit - 7-Hi Chiropractic (Att. - Planning Director's Memorandum) Applicant: Fish and LaBeau Signs Location: 23640 Highway 7 (Shorewood Vill. Shopping Ctr.) L. Appeal Regarding Zoning Violation (Att. - Planning Director's memorandum) Appellant: Ann and John Meldahl Locatin: 6180 Cathcart Drive 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. Recognition of Service of former Planning Commissioner Ann Packard B. 7:00 p.m. - Public Information Meeting regarding Storm Water Pollution Prevention Program (Att. - Public Works Director's memorandum) 6. PUBLIC HEARING 7. PARKS 8. PLANNING - Report by Representative 9. GENERALINEW BUSINESS A. Reimbursement Resolution for City Hall (Att. - Administrator's and Finance Director's memorandum, Bond Consultant's letter, Resolution) 10. ENGINEERING/PUBLIC WORKS CITY COUNCIL AGENDA - MARCH 14, 2005 PAGE30F3 . 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection B. Mayor & City Council 1. SLMPD Issues Group 12. ADJOURN . . . . 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, 14 March 2005 . An EDA meeting will immediately follow the Regular City Council meeting this evenmg. . Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - no action required . Agenda Item #3C: One additional Tree Service has applied for a license to provide tree trimming service in the city. As all license requirements have been met, staff recommends adoption of a resolution approving Tree Trimmer Licenses for 2005. Agenda Item #3D: At its last meeting, the Council directed staff to prepare a resolution approving a revised sign plan and conditional use permit for the Shorewood Village Center. The proposed resolution is attached. Please note that as of this writing the proposed sign criteria (Exhibits A-I through A-9 are being revised to include the recommendations made by staff The exhibits will be available for your review at Monday night's meeting. . Agenda Item #3E: The City Council directed staff to prepare a resolution approving a revised master plan for St. John's Cemetery of the Resurrection, including the construction ofa mausoleum structure and replacement of a small maintenance building. A draft resolution is included in your packet for your consideration. Agenda Item #3F: Each year the City of Shorewood encumbers $65,000 of the operating budget for the seal coating of roadways within the City. Year 2005 is no exception. Council may recall that the sealcoat proposal process has been broken up into two separate operations. Staff determined that cost savings could be obtained by the cities, by purchasing the aggregate directly from the supplier. Martin Marietta Materials, Inc. has provided the low quote for the materials. Since the . total weight of material will be determined by the truckload, Staff is recommending that the motion made include a contingency amount. The recommended amount for the City of Shore wood is not to exceed $18,000. This may be authorized by a simple motion. . n '.-' PRINTEO ON RECYCLED PAPER Executive Summary - City Council Meeting of 14 March 2005 Page 2 of2 Agenda Item #3G: Shurgard Self Storage (flea Minnesota Mini-Storage) has applied for a sign . permit to erect a new freestanding sign at their 19545 State Highway 7 location. The sign, although larger than the one it replaces, is consistent with the Shorewood Zoning Code. Agenda Item #3H: A new chiropractor's office is locating in the Shorewood Village Center and they have applied for a sign permit pursuant to the conditional use permit being approved in Item 3D. The sign is consistent with the revised CUP and approval is recommended. Agenda Item #3I: Matthew PhIlippi is proposing a small "redevelopment project" for several lots located on Ferncroft Drive. The Planning Commission has recommended approval of the minor subdivisions necessary for the project. Part of the proposal is a request to vacate the westerly five feet ofFerncroft Drive in front of the subject properties. The Council needs to set a public hearing date to consider the vacation. Staff recommends 11 April. Anyone having questions relative to this matter should contact the Planning Director. . Agenda Item #3J: Staff is recommending approval of a motion authorizing the expenditure of funds from the Equipment Replacement Fund for purchase of one F350 4x4 and one F150 4 x 4 from the State Contracts, and as indicted in attachments one and two. Agenda Item #3K: The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Shorewood by the Government Finance Officer's Association of the United States and Canada for its comprehensive annual financial report (CAFR). . Agenda Item #3L: Ann Meldahl allowed a local excavating contractor to deposit fill in excess of 100 cubic yards on her property. She has been served with a zoning violation notice and has appealed for additional time to comply. Staff recommends that the owner be given until 5 April to apply for a conditional use permit or no later than 1 June 2005 to correct the violation. . Agenda Item #5A: Ann Packard will be present this evening to receive recognition for her service on the Planning Commission. Agenda Item #5B: A. Public Information Meeting is scheduled for 7:00 p.m. this evening regarding the Storm Water Pollution Prevention Program. Mr. Phillip Elkin, ofWSB and Associates, will be present to assist the City Council in conducting the public information meeting for the NPDES. Agenda Item #9A: Bond counsel has prepared a "reimbursement resolution" which has the effect of using tax-exempt bond proceeds to pay for the purchase of property at 5795 Country Club Road for city hall improvements. Reimbursement resolutions attempt to capture a broad range of costs that could be attributable to a project. This resolution reflects a projected cost of$3.6 million (i.e., the BKV estimate of -$3.2 million plus the -$300,000 for the additional land), and indicates that the CIP will be subsequently amended. This resolution does not commit the City to do anything, but states that it is reasonable that the City may spend up to $3.6 million for city hall improvements. . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, FEBRUARY 28, 2005 5755 COUNTRY CLUB ROAD CITY HALL CONFERENCE ROOM 6:30 P.M. MINUTES 1. CONVENE SPECIAL MEETING o fl Mayor Love called the meeting to order at 6:30 P.M. A. Roll Call Present: Mayor Love; Councilmembers Lizee, Turgeon, Call1ies, and Wellens Absent: None . B. Review Agenda Mayor Love reviewed the Agenda and asked if the Councilmembers had any changes and there were none. 2. INTERVIEW CANDIDATES FOR CONSIDERATION OF APPOINTMENT TO THE SHOREWOOD PARK COMMISSION . The following candidates were interviewed for consideration of appointment to the Park Commission: A. 6:30 p.m. Judy Farniok, 25405 Smithtown Road Candidate Paul Gilbertson, 26055 Smithtown Road, was scheduled for 6:45; however, due to a work commitment he had to cancel his appointment. 3. OTHER . There was no other business for discussion. 4. ADJOURN Wellens moved, Turgeon seconded, adjourning the City Council Special Meeting of February 28, 2005, at 6:48 P.M. ATTEST: Woody Love, Mayor . Craig W. Dawson, City Administrator/Clerk J1= /) 11 ;; .';1' ,-, . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 28, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES . DRAfl 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; and Engineer Brown Absent: Finance Director Burton and Planning Director Nielsen B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting, February 14, 2005 Wellens moved, Callies seconded, Approving the City Council Special Meeting Minutes of February 14, 2005, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, February 14, 2005 Wellens moved, Callies seconded, Approving the City Council Regular Meeting Minutes of February 14, 2005, as presented. Motion passed 5/0. C. City Council Work Session Minutes, February 14, 2005 Turgeon moved, Wellens seconded, Approving the City Council Work Session Meeting Minutes of February 14, 2005, as presented. Motion passed 5/0. 3. CONSENT AGENDA Turgeon moved, Lizee 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 ORDINANCE NO. 412, "An Ordinance Setting License, Permit, Service Charges and Miscellaneous Fees" And RESOLUTION NO. 05-016, "A Resolution Approving Publication of Ordinance No. 412 by Title and Summary." ':ft: :;z B CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 2 of8 D. Setting the Date for Public Information meeting for Radisson Road/Covington Road as Monday, April 4, 2005 Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented. 5. REPORTS AND PRESENTATIONS A. 2004 Year-End Report on the Southshore Senior Community Center by Joyce Flury . Joyce Flury, Executive Director for the Southshore Senior Community Center, thanked the Council for the opportunity to present the 2004 Year End Report. She stated it was always a pleasure to speak before . this Council and noted she wanted to meet the new Councilmembers. She thanked Council for its continued support of the Center and its activities. Ms. Flury invited all Councilmembers, City Staff, and interested residents to participate in an event titled, "Celebrate the Cities!" on Monday, Aprilll, 2005, during the lunchtime hours. She encouraged all interested parties to make a reservation for this event. With regard to the 2004 Year End Report, Ms. Flury reviewed several statistics associated with the Senior Center programming for the past year. She explained there had been approximately 1800 participants in the Year 2004, with 272 individuals from Shorewood aged 65 and older being served by Center programs. She then went on to review the growth in programming throughout the past seven years as well as transportation, volunteer hours, and dining statistics associated with Senior Center activities. On behalf of the Council, Mayor,Love thanked Ms. Flury for her report and questioned what issues she believed would prove the most challenging for the upcoming years' programming. Ms. Flury stated the senior dining program proved challenging each year, as well as how to attract various age seniors to the Center and continue to meet the need of all seniors. Ms. Flury also explained how the Center was funded each year, noting the Friends of the Southshore Senior Center were responsible for the funding of maintenance of the building. Councilmember Lizee stated she thought the Center offered great programming, and she thanked Ms. Flury for her fine efforts as its Director. Ms. Flury stated it was not possible without the many volunteers that made the Center functional. Councilmember Turgeon stated she appreciated the fundraising efforts of the Friends of the Southshore Senior Community Center Board as the cities served did not contribute to the building maintenance portion of the budget for the Center. . . . . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 3 of 8 Mayor Love stated he commended all efforts associated with the Center as it was a wonderful addition to the community and it served as an example of the efforts of people working together as one community. He stated the Center and its programming was a fine asset for all residents to enjoy, and he wished Ms. Flury all the best in the upcoming year. Ms. Flury thanked Council for its continued support. 6. PUBLIC HEARING There were no public hearings scheduled for this meeting. 7. PARKS Engineer Brown explained there had not been a Park Commission meeting since the most recent Council meeting thus; there was nothing to report on at this time. 8. PLANNING Planning Commissioner Bob Gagne indicated he was present to respond to questions the council may have of the Planning Commission regarding the items on tonight's Council agenda. Administrator Dawson explained Engineer Brown would be providing engineering information on Item 8A and in the absence of Director Nielsen, Attorney Keane would act as Planning Director for this meeting. A. Conditional Use Permit for Fill In Excess of 100 Cubic Yards Applicant: Martin Davis Location: 26310 Birch Bluff Road Engineer Brown then summarized the history of the case, noting in December, 2004, the Planning Commission conducted a public hearing to consider a request by Martin Davis to place fill in excess of 100 cubic yards on his property at 26310 Birch Bluff Road. At that time a number of concerns were raised by Staff (see Planner's memorandum, dated 2 December 2004 and Engineer's memorandum, dated 3 December 2004). Since that meeting, Mr. Davis' engineering consultant had submitted a letter addressing Staffs concerns and a revised grading plan. Staff had reviewed these plans and recommended approval of a conditional use permit, subject to the recommendations made in the earlier staff report and subject to the applicant making the improvements recommended by his consulting engineer. Of critical importance was the construction of the spillway from Birch Bluff Road to the southerly wetland area. Staff recommended this matter should be completed as early in the construction season as weather permitted, so as to restore drainage from the public right-of-way as soon as possible. Similar to the riprap requirement on the existing culvert on the east side of the property, riprap should be placed at the discharge end of the spillway. Staff also recommended that prior to commencement of any work, the applicant must provide cost estimates for the wetland restoration, the spillway construction, tree protection measures (consistent with the City's Tree Preservation Policy), and rip rapping. From these estimates, the C.u.P. should provide CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 4 of 8 for a cash escrow or letter of credit in the amoont of 150 percent of the estimate to ensure that the work . would be completed by August of2005. Mayor Love noted the applicant was not present this evening. Councilmember Turgeon requested an additional item be added to the draft resolution for this case, including a completion date for requested work of August 31, 2005. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-017, "A Resolution Approving a Conditional Use Permit to Place fill in Excess of 100 Cubic Yards for Martin Davis, 26310 Birch Bluff Road, subject to Staff recommendations and including Item G. Work should be completed by August 31,2005." Motion passed 5/0. B. Zoning Ordinance Amendment Regarding Temporary Signage C. Shorewood Village Center Amendment Applicant: Shorewood Village Shopping Center Location: 23470 - 23780 Highway 7 Attorney Keane stated Items 8B and 8C would be presented together since one impacted the other. Attorney Keane explained, with regard to Item 8B, that the Planning Commission held a Public Hearing to consider an amendment to the Zoning Code that would provide for temporary signs for new business. This action would allow time (30 days) for the business to have its permanent signs constructed. Applicants would apply for the temporary sign permit in conjunction with their permanent sign application. He also noted the Planning Commission had unanimously voted to recommend approval of the draft ordinance proposed. Attorney Keane also explained the owner of the Shorewood Village Shopping Center was remodeling some of the interior of the center, rearranging tenant spaces and creating several new, smaller shops. The result of this remodeling was that the previously approved sign plan for the center was in need of revision. He also stated representatives of the center had submitted plans showing how signs may be displayed on the building, and had also submitted revised sign criteria providing for additional, yet smaller, tenant signs, based on tenant type as outlined in the Shorewood Village Center Sign Criteria Amendment to Conditional Use Permit documentation submitted by the applicant. He stated the revised plans and sign criteria were generally consistent with the previously approved Conditional Use Permit for the center. Wellens moved, Callies seconded, Adopting ORDINANCE NO. 413, "An Ordinance Amending Section 1201.03 Subd. 11 (SIGNS) of the Shorewood Zoning Code." Motion passed 5/0. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-016, "A Resolution Approving Publication of Ordinance No. 413 by Title and Summary." And Directing Staff to Prepare a Resolution Approving the Amended Conditional Use Permit and Revised Sign Plan for Shorewood Village Shopping Center, 23470 - 23780 Highway 7, subject to Staff Recommendations. Motion passed 5/0. D. C.U.P. Amendment for Buildings at the Cemetery of the Resurrection . . . . . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 5 of8 Applicant: Location: St. John the Baptist Church 5555 Covington Road Attorney Keane explained the history of this case, noting in January of 2003, St. John the Baptist Catholic Church received a conditional use permit approving a master plan for the future development of the Cemetery of the Resurrection, located at 5425 Covington Road. The master plan for this project included plans for two mausoleum structures to be built at some time in the future. The resolution approving the conditional use permit provided that church representatives would apply for an amendment to the C.U.P. at such time as the buildings were to be built and when more specific plans were available. St. John representatives had recently submitted plans one mausoleum building in a different location, and a master plan amendment that deleted the second building. The site plan for the cemetery had been revised to show a different location for the building in question from the original master plan for the project. The building was now proposed as being located further north on the site on the east side of the entry road coming into the property. The applicant also proposed demolishing the existing garage structure in that location and locating a new one further north on the site on the west side of the looped drive. He also explained the proposed building would be one story in height, with the center third of the building peaking at 30 feet. Construction materials would consist of granite and glass with a standing seam metal roof. In addition, Attorney Keane explained, the existing maintenance building for the cemetery would be removed and a new maintenance building would be located just west of the northwest comer of the loop drive. Plans for this structure had not yet been provided; however, church representatives described it as a typical two-car (24' x 24') garage building with a gable roof and siding, earth tone in color, so as to blend into the site. Staff recommended the amendment to the St. John conditional use permit be approved subject to the proposed maintenance building being located in compliance with current zoning standards. Councilmembers requested clarification on various issues associated with the plans for the site. Concerns were raised regarding the lack of water and sanitary sewer facilities associated with plans for the building. Deacon Gary Hoffman, Business Administrator for St. John the Baptist Church, stated there would be no funeral services allowed at the cemetery, and noted the occupancy limit of200 people was for standing room only. He stated most cemeteries did not provide restroom facilities and this particular cemetery had not had any for 80 years without issue. He stated the facility would be locked and would only be opened for committal services. Maintenance was not deemed to be a problem. Discussion ensued regarding the options available related to the City Zoning Code for including public facilities in this building. Deacon Hoffman stated a great deal of research had been put forth in considering this issue prior to the application before Council this evening. He stated the chapel area was designed to be purposefully small and without other activities scheduled as part of its use. He stated there were currently 35 burials annually at the cemetery so he did not anticipate any problems with the proposed decisions. CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 6 of8 . Mayor Love stated he, too, was concerned for the lack of public facilities on site in this building, and questioned the factors involved in making such a decision. Deacon Hoffman explained the building would not be open to the public, would not be utilized for any other service other than a committal service, and had not been needed in the past 80 years. He went on to explain several visits to other cemeteries and mausoleums had been reviewed prior to design and proposal of the application presented this evening. Wellens moved, Callies seconded, Directing Staffto Prepare a Resolution Approving a Conditional Use Permit Amendment for Buildings at the Cemetery ofthe Resurrection, subject to the maintenance building being located within the current setback standards, for St. John the Baptist Church, 5555 Covington Road. Mayor Love stated he appreciated all the research put into the efforts, perseverance, and presentation associated with this project. Motion passed 5/0, with the maker and seconder of the motion expressing reservations with the . motion regarding the lack of water and sanitary sewer utilities for this site. 9. GENERAL/NEW BUSINESS A. Park Commission Appointments Administrator Dawson explained Council had interviewed several candidates for the opinions on the Park . Commission. He noted two seats were for a three-year term from March 1,2005 through February 29, 2008. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 05-018, "A Resolution Making Park Commission Appointments," appointing John Moonen, 25560 Smithtown Road, and Judy Farniok, 25405 Smithtown Road, to three-year terms from March 1, 2005, to February 29, 2008. Motion passed 5/0. B. Hennepin County No Smoking Ordinance . Administrator Dawson explained Hennepin County had adopted an ordinance that would take effect on March 31, 2005, and prohibited smoking in "food establishments." He went on to explain the implications of such an ordinance regarding enforcement issues. He stated several cities in the county had adopted resolutions indicating that Hennepin County was responsible for the enforcement issues associated with such an ordinance, and then reviewed what options were available to the City of 8horewood regarding this matter. Discussion ensued regarding clarification of enforcement issues associated with such an ordinance. Lizee moved, Wellens seconded, Adopting RESOLUTION NO. 05-019, "A Resolution Declining to Adopt a Smoke-Free Ordinance Duplication the Efforts of Hennepin County." Motion passed 5/0. C. Request for Temporary Parking Restriction on Portion of Birch Bluff Road . . '! . . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 7 of8 Engineer Brown explained the City had received a request for a parking restriction for a portion of Birch Bluff Road where three adjoining properties would be experiencing significant construction projects in the upcoming season. He noted Staff also shared this concern due to the parking and safety issues associated with utilizing both sides of such a narrow street for parking in that area. To that end, Staff had suggested that a temporary parking restriction be authorized for one year, starting May 1, 2005. The restriction would be on the south side of the street, thereby allowing the contractors to park on the north side of the street, in front of the homes to be worked on, but also allowing pedestrian and emergency vehicle access on the south side of the roadway. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 05-020, "A Resolution Prohibiting Parking Along Portions of Grant Lorenz Road and Birch Bluff Road." Councilmember Lizee questioned whether it would be possible to have the parking restrictions on the north side of the roadway extended through the curve area on Birch Bluff Road. Without objection of the seconder, the maker of the motion amended the motion to include in the resolution the additional parking restrictions noted as occurring On the South side of Grant Lorenz and Birch Bluff Roads described as: a point of beginning on Grant Lorenz Road, 100 feet south of the horizontal point of intersection of Grant Lorenz Road with Birch Bluff Road and continuing to an end point located 800 feet east of said point of intersection; and on the North side of Grant Lorenz and Birch Bluff Roads described as: a point of beginning on Grant Lorenz Road, 100 feet south of the horizontal point of intersection of Grant Lorenz Road with Birch Bluff Road and continuing to an end point located 400 feet east of said point of intersection; and also to include that the prohibition of parking in this area would be in effect from May 1,2005, through April 30, 2006. Motion passed 5/0. D. Approval of the 2005 Work Program/Goals and Priorities Administrator Dawson explained Council had reviewed a draft of the 2005 Work Program/Goals and Priorities at a work session on February 14,2005. He noted Council had added several items at that time to be included that were place on the proposed 2005 Work Program/Goals and Priorities for consideration this evening. He also noted some items might need to be added or delayed throughout the year as workloads or emerging priorities would indicate. Councilmember Turgeon stated the highest priority was to be designated for Items 16 (Complete updates to the Human Resources system) and 17 (Establish employee committee to review, comment on changes to benefits). She stated she wanted these items completed by the end of May this year, as they had not been addressed in the past four years. She stated she would like to see an employee committee formed as soon as possible to begin to address these items. She also requested deadlines for completion of each item be stipulated. She stated she was concerned for the completion date of July 2005 with regard to Item 3 (City Hall Building) as the property next door to City Hall was currently for sale. Without objection from the Council, Mayor Love called a special meeting of Council for Monday, March 7, at 7:00 P.M. as it was in the best interest of the City and Council to begin discussions regarding acquisition of real estate issues for the upcoming year. Councilmember Callies expressed concern for the dates of completion associated with Items 16 and 17, noting a potential completion date could be Mayor June of this year. Administrator Dawson stated the benefits item could be completed by mid-June. 't. CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 8 of 8 . 10. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing further to report. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown explained the end of the Tonka Village Shopping Center was demolished earlier in the day. Staff continued to meet with utility personnel regarding the project utilities. He also stated he wanted to compliment the property owner east of the Public Works facility on working with the City to resolve challenging issues associated with the construction project. He also noted work continued on Gideon Glen and the Minnehaha Creek Watershed District (MCWD) had let the contract for construction of the remainder of the project. He anticipated construction would begin after the frost was gone. . B. Mayor & City Council Mayor Love stated there had been a meeting of the EFD Governing Board on February 23,2005. Response times throughout the District were the topic of discussion at that meeting. Mayor Love stated Councilmember Turgeon and he would be present for the first meeting of the . facilitated process to work with the facilitator as part for the South Lake Minnetonka Police Department Issues. Councilmember Callies stated she had attended the Lake Minnetonka Communications Commission meeting and reported on the activities of that commission. 12. ADJOURN . Turgeon moved, Lizee seconded, Adjourning the February 28, 2005, Regular City Council Meeting at 8:25 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Craig W. Dawson, City Administrator . . . . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETNG MARCH 7, 2005 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE SPECIAL MEETING <""""'~)"" !\'~.~ -.......,' ......I'!!I...... t~....'- lI""'1IIl.. U'.,. ;'}, ~~"' 11 ,;. c, !' "t Ii '!:..,;"I . ij \&.w ..' Mayor Love called the special meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Lizee, Turgeon, and Callies; Administrator Dawson; Engineer Brown; Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Wellens B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. CITY HALL BUILDING Administrator Dawson stated that there are two items to be discussed this evening. 1) What to do about the City Hall building, and 2) Whether to purchase the property to the south of City Hall. Dawson noted that Council might recall from discussion last week that the property to the south is under a deadline with regard to action. There is a purchase agreement, which, technically has yet to be cancelled for about $305,000, and there is another purchase agreement ready to be signed once the first one is cancelled. The City has spoke with the property owner and he is willing not to cancel the agreement but would like to know by noon tomorrow (Tuesday) if the City would take assignment of the purchase agreement. It requires a closing next Wednesday, (March 9, 2005) and the City would want to get a clear title to the property. If a title would not be ready by March 16 the closing would be delayed. Dawson explained that Council reviewed at the work Boarman Kroos Vogel (BKV) Group provided last year. The drawings included in the packet use the Vadnais Heights City Hall building as an example to illustrate the area needed for a new building. Dawson noted Council was favorable to acquiring the south property if the opportunity to purchase it became available. Dawson explained that acquiring the property provides more flexibility in terms of planning a building and it may lend itself more to the idea of building a new City Hall. Dawson noted that the current facility is crowded staff has been very patient about changes happening. Mayor Love asked if there is a need for the land. Engineer Brown stated that they do not have soil borings, but circulated a drawing depicting a map of the City Hall and former wetland area surrounding it. Brown noted that the former wetlands are the reason for the damage in the lower level of the building. Brown stated that the City has been working with BKV Group regarding an addition to the building or rebuilding. Rebuilding was becoming impractical on the . current site due to setbacks and parking configurations; even an addition to the existing area is very tight :IT ~C CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MARCH 7, 2005 Page 2 of4 with regard to parking. Brown stated that there is a need for a larger area if the alternative is to rebuild City Hall. ., Planning Director Nielsen stated that it gives the City flexibility for new building or a remodel. Having the site opens up the south side to a possible expansion. It does not dictate a new building but makes a new building possible and expansion of the existing building easier. Nielsen noted that the City could at least maintain the current parking if not improve it. Mayor Love asked if a zoning change is required. Planning Director Nielsen noted that a zoning change is not required but the Comprehensive Plan would need to be amended to designate the property as Public, and a Conditional Use Permit would be required to place a public building in a Residential zone. Administrator Dawson stated that within the Residential zone there is a 35-foot front setback and there can be no parking in the setback area. As a practical matter, parking would stay on the north side and . building could be screened from the residential area. Councilmember Callies asked if there had been an amendment of the Comprehensive Plan when the City owned the lot previously. Planning Director Nielsen explained that when the City owned the property previously, a Conditional Use process was undertaken and as a result of the public hearing the City backed away from the idea and sold . the property. Nielsen stated that the Comprehensive Plan does address the future expansion of the building. A public hearing is required to update the Comprehensive Plan and to obtain a Conditional Use Permit. Councilmember Turgeon stated that the City could purchase the property and create an open space. Mayor Love stated that he would recuse himself from discussion or voting because, even though he has no direct interest in the property, it is represented by his employer, Coldwell Banker. . Councilmember Callies asked about the current purchase agreement and the agreement waiting. Administrator Dawson noted that the current agreement would need to be assigned for the city to acquire the property. Mayor Love reported that the other purchase agreement is contingent on the cancellation of the current purchase agreement. Administrator Dawson stated that he spoke with the City Attorney and an assignment of a purchase agreement is a legal process that the City can engage in. Mayor Love stated that in a conversation with the seller, the City would ask that he, the seller, sign off with the awareness of an assignment to show his agreement of the assignment. Love explained he is not certain how that would affect the second contract. . . . . . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MARCH 7, 2005 Page 3 of4 Councilmember Callies stated that she believes that due to current structure and issues of overcrowding, a new City Hall building is necessary. Engineer Brown stated that he spoke with Mr. Justinak regarding the property south of the public works building. Mayor Love stated that the property south of the public works building would be a preferable location in his opinion, which would create a larger City Campus. Planning Director Nielsen stated that acquiring the adjoining property to the south of the current City Hall will also create a larger campus and is consistent with the Comprehensive Plan. Engineer Brown explained that a 1966 topographical surveys show the area where City Hall sits and it would probably be fine for new construction but adverse soil conditions may exist to the east due to former wetlands. Based on the information that exists and aside from high water tables, the current area likely has reasonable soils. Councilmember Lizee stated that she felt it is wise to purchase the property. Councilmember Turgeon reiterated that purchasing the property does not mean that the City has to do anything with it, but it gives the City more time, Mayor Love stated that the Council never came to a decision to remodel or rebuild, but the City has always had the issue of not enough area. Love stated regardless of the location, or whether the City chooses to do either option, that the City needs a bigger footprint. Administrator Dawson reported that in corresponding with Councilmember Wellens, he had made no comments about the land. Mayor Love stated that it is probably impossible to address the issue of the building this evening but the pictures presented show the problem with the existing area. Finance Director Burton stated that there is adequate money in the sewer fund for internal borrowing. Burton also noted, regarding cash flow, there is adequate money to handle a closing next week. Administrator Dawson stated that he would have discussions with bond counsel regarding a reimbursement resolution for any project. Lizee moved, Turgeon seconded, Authorizing City Staff to Proceed with the Purchase if the Conditions Staff has Put Forth and the Attorney's Review are Appropriate. There was some discussion regarding an unfulfilled permit. Administrator Dawson explained that there is an outstanding permit on the completion of the roof and the property would be purchased as is. Mayor Love asked staff for their thoughts. CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MARCH 7, 2005 Page 4 of 4 Staff all agreed that based on the need to expand the City Hall the option to have additional land is favorable. Mayor Love called for a vote and reiterated that due to his employment with Coldwell Banker, but no immediate personal financial gain in any way, he will recuse himself from the vote. Motion passed 3/0, with Love recusing. 3. OTHER None 4. ADJO~NT . Turgeon moved, Callies seconded, adjourning the City Council Special Meeting of March 7,.2005, . at 7:38 P.M. RESPECTFULLYSUBNllTTED, Shelley Souers Recording Secretary Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . . . ~ . . . . . PAYABLES APPROVALS For 3/14/05 Council Meeting G - Prepared by: .fflP/1A/r1 c. cfk. Catherine Elke, Sr. Accountant Reviewed by: ~duk- Bonnie Burton, Fin Date: 3-/0-05 Date: ~o;;~ Date: t;3./tJ, t;..r df3/t PAYROLL APPROVALS For 3/14/05 Council Meeting Prepared by: aiJ//II/f1-:' C~ Catherine EIke, Sr. Accountant ~~ Reviewed by: Bonnie Burton, Fin Date: 3-/0-05 Date: 03/;1) /J~ . Approved by: Date: 1)&/0,!J5 Crai awson, City Administrator . . . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM DA TE: March 8, 2005 TO: Mayor and Council Members :W Jean Panchyshyn, Executive Secretary/Deputy Clerk ' . FROM: CC: Craig W. Dawson, City Administrator RE: A Resolution Approving Year 2005 Tree Trimmer Licenses . Tree Trimmers operating within the City of Shorewood must complete an annual license application, provide proof of insurance coverage, and pay the appropriate license fee. The attached proposed resolution identifies one additional tree service that has satisfied the requirements to be licensed to provide tree trimming service in the City in 2005. Council Action . A Motion to Adopt a Resolution Approving Year 2005 Tree Trimmer Licenses . #~3t #. t.J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD . RESOLUTION NO. 05- A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS WHEREAS, the Shorewood City Code Chapter 305 provides for the annual licensing of tree trimmers in the City; and WHEREAS, said Chapter provides that an applicant submit an application and fulfill certain requirements concerning insurance coverage and pay a licensing fee; and WHEREAS, the following applicant has satisfactorily completed this process and has submitted the requirements for the issuance of a License for Tree Trimmer. NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood as . follows: That a License for Tree Trimmer be issued for a term from January 1,2005 to December 31,2005, to the following applicant: Permit # Company Name Address . 05-35 Ron's Tree Service and Firewood 11178 150th Avenue, Little Falls, MN 56345 ADOPTED by the City Council of the City of Shore wood this 14th day of March, 2005. . Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk . . . . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR MULTIPLE SIGNS TO SHOREWOOD VILLAGE CENTER WHEREAS, Shorewood Village Center, Inc. (Applicant) has an interest in the real property located at 23680 State Highway 7 in the City of Shore wood, County of Hennepin, State of Minnesota; legally described as: "Lot 2, Block 1, Shorewood Village Addition" WHEREAS, the Applicant has prepared a new signage plan for the shopping center located on the above-referenced property; and WHEREAS, the Applicant has applied for a conditional use permit, pursuant to Section 1201.03 Subd. II.e.(3)(c) ofthe Shorewood City Code, to install multiple signs on the above- referenced property; and WHEREAS, Applicants' request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission and City Council, dated 27 January 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 1 February 2005, the minutes of which meeting are on file at City Hall; and WHEREAS, Applicant's request for conditional use permit was considered by the City Council at their regular meeting on 28 March 2005, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Subject Property is located in a C-3, General Commercial zoning district. 2. The City Zoning Code allows multiple signage for shopping centers subject to an overall signage plan approved as part of a conditional use permit, and not to exceed ten percent of the area of the building silhouette, as viewed from the street. 3. The shopping center and the attached grocery store are subject to one overall sign plan. The signage for the grocery store, plus the freestanding sign for the site total 862 square feet of area, leaving 560 square feet of sign area for the center. 4. The Applicant proposes to divide its allowable signage up into two categories of signs as follows: a. b. Major tenants: In-line or interior mall tenants: 160 square feet 400 square feet iI= 3. D. . . . . . . 5. The Applicant proposes to limit the use of window signs on exterior windows of the shopping center. 6. That the Applicant, as opposed to individual tenants ofthe shopping center, will make any applications for temporary signs, pursuant to Section 1201.03 Subd. 11.c.(4) of the Shorewood City Code, as may be amended. A new tenant may apply for a temporary business sign in conjunction with requests for its permanent sign. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit subject to the following: a. All signs on the property shall comply with the Applicant's application, set forth in Exhibits A-1 through A-9, attached, and with the requirements of Shorewood' s Zoning Code, as may be amended. b. All future sign permits for the subject property will be evaluated based upon consistency with this conditional use permit. c. The Applicant may erect "directional" entrance and exit signs and other traffic control signs as approved by the Shorewood Zoning Administrator. d. The Applicant proposes to prohibit the use of window signs on exterior windows of the shopping center, except that each "in-line" tenant may have one window sign stating the name of the business and "open/closed". No such window signs shall be allowed on the common mall area windows or doors. Such window signs shall not exceed three square feet in area, which area shall be included in the tenant's allowable sign area. e. Any temporary sign permits shall be consistent with the Shorewood City Code, and will be controlled and applied for by the Applicant, as opposed to individual tenants of the shopping center. A new tenant may apply for a temporary business sign in conjunction with its request for a permanent sign. 2. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14nd day of March 2005. Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk -2- . . . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION AMENDING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF ST. JOHN THE BAPTIST CHURCH'S CEMETERY OF THE RESURRECTION AND APPROVING THE CONSTRUCTION OF A MAUSOLEUM WHEREAS, St. John the Baptist Church (Applicant) proposes to build a mausoleum structure at the Cemetery of the Resurrection, located at 5425 Covington Road; and WHEREAS, the property is legally described as: "Cemetery of the Resurrection and Cemetery of the Resurrection Second Addition, Hennepin County, Minnesota. WHEREAS, the Shorewood Zoning Code allows cemeteries in residential zoning districts by conditional use permit (C.D.P.) subject to certain conditions; and WHEREAS, on 27 January 2003, the City Council granted the Applicant a conditional use permit approving a master plan for the future development of the cemetery (see Shorewood Resolution No. 03-007, on file at the Shorewood City Hall); and WHEREAS, the approved master plan for the cemetery included the future construction of two mausoleum structures on the property; and WHEREAS, Shorewood Resolution No. 03-007 required that the conditional use permit be amended at such time as the mausoleum structures were to be constructed, and the applicant has now submitted a revised plan showing the first of the two mausoleum structures and the replacement of an existing maintenance building; and WHEREAS, the request was reviewed by the City Planner and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 28 January 2005, which memorandum is on file at City Hall; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at its regular meeting on 1 February 2005, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 28 February 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. #3.E. . . . . . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Applicant proposes to construct a mausoleum structure as illustrated on Exhibits A- C, attached hereto and made a part hereof. 2. The proposed mausoleum will be one story in height and measures approximately 41' x 69'. 3. The mausoleum will provide for 364 crypts and 300 cremation niches. 4. The proposed maintenance building will be one story in height, measures 24' x 24', and will replace the existing maintenance building located on the property. CONCLUSIONS A. The proposed use of the property is consistent with its current zoning and with the Shorewood Comprehensive Plan. B. Shorewood Resolution No. 03-007, approving a conditional use permit for the Cemetery of the Resurrection is hereby amended, subject to the following: 1. The site shall be developed in accordance with the conditions imposed as part of Resolution No. 03-007. 2. The proposed mausoleum shall be constructed as illustrated in Exhibits A-C, attached. 3. The proposed maintenance building shall be consistent with or better than the character of the existing maintenance building and shall comply with the 50-foot setback requirement on the north side of the subject property. 4. The existing maintenance building shall be removed from the site no later than 15 days after the completion of the new maintenance building. C. The City Clerk shall provide St. John the Baptist Church with a certified copy of this resolution for purposes of recording with the Hennepin County Recorder. D. This resolution must be recorded within 30 days of the Applicant's receipt of a certified copy hereof. -2- . . . . . ADOPTED BY THE CITY COUNCIL ofthe City of 8horewood this 14th day of March, 2005. Woody Love, Mayor Craig W. Dawson, City Administrator -3- ~t:'r:1 ~;>< 08: ~g: 0...... 00> M t=' CO S ~ t=' ~ Z Cl ~ o ~ > ~ ~ o z 00 . . T r I 6::1 17 f ~ 'if/II 1Ii~:( 7fI/:\ \,~ ~~~ I / I / "'-... , 7ff Proposed '-J,~.....--: 0> '" '~2> ~ ~ i 7~v~~ ---.\\ 2 rf71 --~ Mai~!ef'~Bfl_,;fL J; Ii r :-\~ ~-:; \ r ..:...~) f //. r;J;'l'1.,J ;" 11/ 'j 7 ~({ ~ ,~~::'pj, ~.. ~ ;-:':1\ ~ / 'Ill t::::. v \ , f\ ~ -, - -._-~ ~. ~ \ \ ..r. ~..' ~"'\'\ :.. \ ~:l" ':l' .ti. \ '\ - r- , -- ' . ~- ~~; ~ r.... "" "",. --~ 'k r : ":':.. ~N, ~ Proposed 'tr'.. X/I" II 1\ ~ / \~, ':': ~\ ~v"'-"" . II II 1/ ,rr.. 1'.. " W'i/ II " ",- .. 0 I ... '::'.. l:'.. r.:- Q h 'j (\ r", (1/ J / ".::f~ - ':~~. v Wi ~~ ~ [j ~..' ".. _,.; 1"'.. ~ ( IJ/: -:'11 rr'lllI. ~ r:. ~ .~. r:t t"":' r 1- '.:".. N / ( "" ., r~.. .. '.... )n ~~N 1 i,,_.)~~ 12.'" .....?~ ~I:::::~ -- ~ II 'I' "Iio; .... '/"L-/ "I) i' ( A I../, D ~:~w~ ~. /~} ~Il!(' 1: " orlr,.~"I( J.~ /:,. '.. . '( .. \ ~~ \. '"I ( ) I~: / J ' ..or., .. . :".l'" ' . I '0:. ,..;: ':" . 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B SH indicates a Sugar Hapl.. wIth a G'rQ DBH of B Inches ~ ASPEN = BIGTooTH ASPEN -?O BLC = BLACK CHE~~Y >9() BO = BUR OAK BS = BASSWOOD ELM = AMERICAN DR RED ELM GA = GREEN ASH HA = HACKBERRY HI '" BITTERNUT HICKORY 1101 = IRON\JooD NH = NOR\J A Y HAPLE PB = PAPER BIRCH DA = QUAKING ASPEN RH = RED MAPLE ~O = RED OAK SH = SuGAR MAPLE SPRUCE = BlUE SPRUCE \JC = \JHITE CEDAR lolL = BLACK WALNUT 1010 = \JHITE OAK IoIP = \JHITE PINE .. I .. " .. '~ Ir ) < ...-' --[\.. ~: :a.. '-" I" ~ ~t. ~'" ~' \ f- I '\ .-~ F.o r:-.. ... . Rill. or. .. D.e.i:.::. '.. WQOl ./" ...g. B5 '" T~EE ID ft " :~=~=:~ u;... ~ ~w:itu.~n:: II" ~it~:~':J~i~iljr\q~,' . ncun J A.CTIVE 1'JU)'D.CJ'fYlt TAEB nHClNG i .i} , .1. .~:'1' ,/ () ....)> ~.,.1 f V '~J '11\ -41. .7 l. J ,......11 ~..~ ~ c \4r, --,; .~ . J1'- .y ~>1 ' 'IJ"V 'V ?i~ ~ . ~.i" v~ 5> TREE PROTECTION AREA CAUTION DO NOT ENTER < A U i,,_ ~ k\ ,'jo, ~ :'0\ ~ l~ .k J 1 . -~ . ~ ~ "- ~ ---~ -- ~'I ~ .J . \. . ) ...... PassiYIt Prnt.ec~D\Ybh Rope alId SIpa.ee ~emetery of ~esurrection ;horewood, ~ in n esota 3t. John the Baptist :hurch '.: ~ '. ~ ,I'. . . ".. SANDERS WACKER BERGL Y INC, ,. hereby certify Ihol this plan. specification, or report was prepared by me or under my direct supervision and that J om Q duly registered LandaCGpc Architect under the lows of the Slate or Minnesota. TREE INVENTORY / PRESERVATION PLAN DEe 3 0 2004 Signature Date: Reg. Number: \NDSCAPE ARCHITECTS AND PLANNERS / :: o . , 'W-r-!-O-b-E--'--:~~ '\ \ LEME.IER-V=QE~IHKRE&UXRECTI01'J" .. ' _~-:rE:-::'< UTI~I:z.E.,.:E:K(~~flCCA--n..{hCI!=':, '~:.n:5i:~c'--' I I ~r:i.e:.TO:~~M~~-r')f.f~~. LO'oW ~E:-~~-o:_,_ . _.gf.?C2~~'8t.~.'i1...60::LT-eL ....... .... - L---1I Shorew.o_o.d,-MN_ ..' (1)\8 "7. o 'l- .' . ~-.. , , . @ '~ . ',' ChapeL + U W o '1. . . .. . - - '_~.~~t;c:.,-; . :4 4 ,.,. .. 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CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331-8927 Tel (952) 474-3236 Fax (952) 474-0128 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: March 9, 2005 RE: Authorization for Expenditure of Funds for Sealcoat Aggregate Engineering File 05-01 Each year the City of Shorewood encumbers $65,000 of the operating budget for the sealcoating of roadways within the City, Year 2005 is no exception, Typically, the Cities of Shorewood, Excelsior and Tonka Bay have participated in a joint proposal process, to take advantage of a volume discount. Such is the case this year, Council may recall that the sealcoat proposal process has been broken up into two separate operations. Staff determined that cost savings could be obtained by the cities by purchasing the aggregate directly from the supplier, In addition, the material suppliers have indicated that if delivery of the material is taken before the end of March, a discount will also be available, Therefore, this step is authorization of the aggregate purchase, Proposals for actually performing the sealcoating operations will appear on a future agenda. The material used for the aggregate is granite, There are only two suppliers within the Midwest area. The first supplier is Martin Marietta Materials, Inc, located in St. Cloud, Minnesota, The second is Dresser Trap Rock, Inc, located in Dresser, Wisconsin. Quotes were obtained and are summarized in Table 1, #3F Mayor and City Council Authorization for Seal coat Aggregate March 9,2005 Page 2 of2 . SUPPLIER CITIES TOTAL City of City of City of QUOTE (1) Shorewood Tonka Bav Excelsior Martin Marietta Materials, Inc. $16,523.48 $11,395.50 $12,010.86 $39,929.84 Dresser Trap Rock, Inc. $22,777.69 $15,708.75 $16,557.02 $55,043.46 . Table 1 Note: (1) Award of Contract is based upon UTotal Quote" per the specifications. Table 1 demonstrates that Martin Marietta Materials, Inc. has provided the low quote for the . materials. Since the total weight of material will be determined by the truckload, Staff is recommending that the motion made include a contingency amount. The recommended amount for the City of Shore wood is not to exceed $18,000. Recommendation Staff is recommending that the proposal for the furnishing of seal coat rock be awarded to Martin . Marietta Materials, Inc., with the City of Shorewood's portion of the contract not to exceed $18,000. . . 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: 10 March 2005 . RE: Sign Permit - Shurgard Self Storage FILE NO. Property (19545 State Highway 7) . Crosstown Sign, Inc., representing Shurgard Self Storage, has requested a sign permit for a freestanding sign at the above-referenced address (see Exhibit A, attached). As you recall, the City Council approved an ordinance amendment to treat signage in the C-1 district similar to the way signs are regulated in the C-3 district (i.e. total signage equal to 10 percent of the building silhouette, as viewed from the street). The proposed sign measures 6.3 feet by 15 feet - somewhat larger than the Minnesota Mini-Storage sign it is replacing. At 90 square feet in area, the sign is within the area allowed under the amended code provision. It is recommended that the permit be approved as submitted. Cc: Craig Dawson Crosstown Sign, Inc. . #. toJ PRINTED ON RECYCLED PAPER #3& . . ~ ~ '" ~ ~ <0 ~ ~ '? N = .." .... ~ ~ 9 Co 7" n 731/8" 7" 16" III TOP VIEW (2) 7"YJ" sa. POLE 15'-0 " I SHURGARD SELF STORAGE Boxes 952-474-2123 D.F. PYLON HEAD-RETROFIT SIGN #1 QTY. 1 SCALE: 3/16"= 1 '-0. NOTE: REMOVE EXISTING CABINET / REPLACE WITH NEW CABINET REPAINT ALL POLES BLACK. REMOVE SECONDARY PHONE NUMBER SIGN BOX. SHURGARD SE F STORAGE LOCATION: 735-09 19545 Hwy. 7 Shorewo 55331 [~ .... J~ FIlE: 735-09.CDR DATE: 10/26/04 DRAWN: KP AF~ SIGN #1 RECOMMENDED SIGNAGE PAGE: 3 OF 3 REVISED: 01/27/05 KP E: N.T.S. i~ 1418 Elmhurst Rd. Elk Grove Village Rlinois 60007 Identity SmullDn, . 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: 10 March 2005 RE: Partial Street Vacation - Set Public Hearing Date FILE NO. Streets (Femcroft Drive) . . At its last meeting, the Planning Commission considered a request by Matthew Phillippi to resubdivide several lots lying between Minnetonka Boulevard and Femcroft Drive (see Site Location map - Exhibit A, attached). The project is a redevelopment of sorts and involves the elimination of several nonconformities, including a nonconforming two-family dwelling at 4900 Femcroft. The request includes a partial vacation of the. street - the westerly five feet adjoining the lots from 4900 to 4870 Femcroft Drive (see Exhibit B, attached). It is worth noting that the existing right-of-way for Femcroft Drive is 60 feet wide, whereas Shorewood's curren! standard for local streets is only 50 feet. The Council is not asked, however, at this time to make a decision on the vacation. Rather, staff should be directed to publish a public hearing notice to consider the matter at the 11 April meeting of the City Council. A separate staff report will be forwarded for that meeting. If you have any questions relative to this matter, please do not hesitate to contact me prior to the meeting. Cc: Craig Dawson Larry Brown Tim Keane Matt Phillippi . n ~., PRINTED ON RECYCLED PAPER # 3. H. .. .. .. ~ . z~ S ~ Exhibit A SITE LOCATIONS Phillippi Minor Division/Variances ~.~..~ ... ~ Vl53.Q A , , , 162.6 1----------- . 9,633 sq. ft~ \ CotKt"'. ~II ci. r C#go .f CMtn" ..., \3 ~ Or.. . '--' ptI' '. ~, 9lST ~ T \ ,..... \ :f \ \ \ It: o.\~ o\~ ! olr-~ Drw. No. 041033 Exhibit B PROPOSED R.O.W. VACATION 5' - Ferncroft Drive . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM Date: To: . From: Re: CC: . Good news! March 9, 2005 Honorable Mayor and City Council Members r Bonnie Burton, Finance Director/Treasurer ~. Certificate of Achievement for Excellence in Financial Reporting Craig W. Dawson, City AdministratorO',D I am pleased to report that the Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Shorewood by the Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report (CAFR). . The Certificate of Achievement award is the highest form oLrecognition in the area of governmental accounting and reporting and its attainment represents a significant accomplishment by a government and its management. Of the 32,070 municipalities nationwide withpopulations under 10,000, only 274 (less than 1 %) qualified to receive the award. City Auditor Steve McDonald, CPA, will make a formal public presentation of the award plaque later this spring in conjunction with the annual audit presentation. . ",Jl. tJ PRINTED ON RECYCLED PAPER :fi:3T Certificate of Achievement for Excellence in Financial Reporting . Presented to City of Shorewood, Minnesota . For its Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 2003 . A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to govemment units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and fmancial reporting. . 11.....~~~ President ~/~ Executive Director . . t 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: March 10, 2005 RE: Motion Authorizing Expenditure of Funds from Equipment Replacement Fund for (2) Pickup Trucks . The Public Works Department has scheduled the replacement of units 53 and 55. These units are two identical Ford F350 4 x 4 pickup trucks, which were purchased in 1995 at the same time. These two vehicles are typically used for snow plowing, trailering of equipment, and general public works service. These two vehicles receive the highest and toughest duty of the fleet. These two vehicles are scheduled for replacement, as part of the 2005 Equipment Replacement Fund. . Having stated that, it was noticed that the last round of revisions of the Capital Improvement Program inadvertently omitted the replacement of a third vehicle, unit 47.. This vehicle is a 1992 - F150. Typically the useful service life of the pickup trucks is 10 years. Staff has been able to extend the service life of this particular vehicle to 13 years. However, this vehicle has reached the end of its service life. Staff has completed a thorough evaluation of all three pickups. As it turns out, Unit 53 (one of the twin F350's) is in better condition than its twin, unit 55. Thus, Staff is recommending that unit 53 remain in the fleet and not be replaced this year. In its place, Unit 47, the Ford F150 is to be replaced instead. The City of Shorewood is a member of the cooperative purchasing contracts through the State of Minnesota. This allows the City to take advantage of the competitive public bidding process that has already been performed by the State. In addition, the State receives a lower bid price due to economies of scale. Proposals of the state contract were received from Rochester Ford for the two vehicles. These are summarized, below. . ,. t.~ PRINTED ON RECYCLED PAPER :iF ,33 Mayor and City Council AEOF for Two Pickup Trucks March 10, 2005 Page 2 of2 I ! . Model Contract Price (1) Ford F 3504 x 4 $ 21,497.01 Ford F150 4 x 4 $ 19,627.51 Table 1 It should be noted that the quotes provide an estimated trade in value sight unseen by the dealer, based upon the data provided by staff and current market data available to the dealer. 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I ;;;0;0 CD 0 e :5,3 g. ::J3C11 G)l1)~ iilali < -~ ~ CD~"Tl ::I )> 0 oa ..a-'==r -, file '< o 6f I ! i , I I en m ar () ~~ g' 0 (II -tl (j) ~ S- 00 (') -::T o 0 ::I ca iif <: n <; '11: 0 ,., 0 (.oil C. t '-.l --..j n o f/.l -i . v M .. 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: 10 March 2005 RE: Sign Permit -7-Hi Chiropractic (Shorewood Village Shopping Center) . FILE NO. 405 (Sign Permits) . Fish and LaBeau Signs, on behalf of 7-Hi Chiropractic, has requested a sign permit for their location within the Shorewood Village Shopping Center located at 23640 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 sign consists of individual, internally lit letters which will actually read "7-HI CHIRO". 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 Fish and LaBeau Signs . #. ~.1 PRINTED ON RECYCLED PAPER #3. K. FROM FISH. AND. LaBEAU. SIGNS <;:J -r -f;- -', ..J I " --- PHONE NO. 763 591 5885 Feb. 25 2005 03:06PM P3 ,.,,;'" :. ,:,' . . ',':',:;./." ~~.'i'iYt~:~" :~~" .... .: .:.I,:,ol,'i!'." '. . hJ' ~;~~:}~~ ;. .' Ii.:' . :.: ;~'::~;i~, '" }. .~.. .,<:;~,' .';:~ ~~:. - = .... U .. -= a- D .. - = c.:D l~' ",~. j, >: '1 '. ',: : ~.', ..:,~:'.~'>....' ...... , ;.;~.:...~ ~:i~~:.,i-,".. .,' . -~{,,~ ~ 'I;I.~~ . . . ~ "",.r" 'Y \... ') ilift!l!\ I Exhibit A . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 10 March 2005 RE: Meldahl, Ann - Appeal for Extension of Time to Comply with Zoning Violation Notice FILE NO.: Property (6180 Cathcart Drive) Last summer, Ann Meldahl agreed to allow a local excavating contractor to deposit several hundred yards of fill on her property at 6180 Cathcart Drive. The amount of the fill raises a serious concern with respect to area drainage. Ms. Meldahl was notified that the fill was in violation of Shore wood's zoning regulations, which require a conditional use permit for anything . in excess of 100 cubic yards. She was advised to either remove the material and restore the site to its previous contours, or make application for a conditional use permit. Ms. Meldahl has now requested additional time to complywith the Violation Notice (see her request letter - Exhibit A, attached). As a practical matter, removal of the fill material can not occur until the ground has thawed and road restrictions have been lifted. Processing of a conditional use permit would not be completed until the end of May, assuming the homeowner gets a complete application, including an engineered grading, drainage and erosion control plan, in by 5 April. Staffhas strongly encouraged the owner to simply have the fill removed. It is worth noting that we will be pursuing legal action against the excavator, but ultimately the homeowner is responsible for correcting the violation. It is recommended that Ms. Meldahl's request for an extension oftime to comply with the Zoning Violation Notice be granted, subject to her making a complete application for a conditional use permit no later than 5 April 2005 or removal of the fill material and restoration of the site by 1 June 2005. Cc: Craig Dawson Larry Brown Tim Keane Ann Meldahl n \..1 PRINTED ON RECYCLED PAPER #3. L. . 7M.~~~~ ~~~~ ~~~ ~~. . Thmti YOu '*'~ . dir~~/~~ ~~~ . -~~~D;/~ ~ AU;:lZtLJJ ~ ~ ~eUdJ~~~ ~ ch4J~~~ . ~~~ ~~~~ ~/g>tJ ~~ ;tJ~. . 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 Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: March 10, 2005 RE: Public Information Meeting - "Storm Water Pollution Prevention Program" (SWPPP) The National Pollutant Discharge Elimination System (NPDES), Phase II, has been handed down to municipalities as part of the Clean Water Act. Preparation of an Annual Report and Storm Water Pollution Prevention Program (SWPPP) are two main components mandated to meet the Clean Water Act. I must state that any good stormwater document or mandate handed down by the Environmental Protection Agency would not be complete without a good dose of acronyms, acrostics and definitions. Such is the case here. The goal of the National Pollutant Discharge Elimination System Permit is to restore and maintain the chemical, physical, and biological integrity of waters of the state through management and treatment of urban storm water runoff. The Department of Natural Resources Wetland and Waters, and the wetlands identified in the National Wetland Inventory located within the City's boundary. This program requires that this be accomplished through the management of Municipal Separate Storm Sewer Systems (MS4s) through the preparation of a Storm Water Pollution Prevention Program (SWPPP). The SWPPP identifies the goals and the Best Management Practices (BMPs) that will be undertaken to meet the requirements of the NPDES Phase II rules. Measurable goals have been established for each of the B1v.1Ps included in the SWPPP along with an implementation plan and the persons responsible for implementing the B1v.1Ps. In accordance with provisions of the Clean Water Act, Minnesota Statutes Chapter 115 and 116 as amended, and Minnesota Rules Chapter 7001, the SWPPP shall be reviewed at a public information meeting and public comment shall be received. A permanent record and record of decisions regarding comments received for the SWPPP shall be retained by the City and submitted to the Minnesota Pollution Control Agency. n '-~ PRINTEO ON RECYCLED PAPER #-58 Mayor and City Council SWPPP Public Information Meeting March 10, 2005 Page 2 of3 . The report provides a review of the City's Best Management Practice Implementation Program, an assessment of the activities that were completed in the past year, a discussion of changes the City intends to make to this program in the coming year, and generally defines the status of the City's compliance with the conditions associated with this permit. Largely, this is accomplished by a form known as the "MS 4 Annual Report" that includes the SWPPP. There are many components to the SWPPP. This plan must contain, as a minimum, the following "six control measures" to help reduce pollution in receiving waters. . Public education and outreach . Public involvement and participation . Illicit discharge detection and elimination . Construction site storm water runoff control . Post construction storm water management . Pollution prevention and housekeeping . By definition, these six control measures must be performed to the "maximum extent possible." According to the League of Minnesota Cities, the Definition of Maximum Extent Practicable (MEP) is as follows: "The best information on MEP is in the Federal Rule for Phase II: . "EP A has intentionally not provided a precise definition of MEP to allow maximum flexibility in MS4 permitting. MS4s need the flexibility to optimize reductions in stormwater pollutants on a location-by-Iocation basis. " "EP A envisions application of the MEP standard as an iterative process. " . "What they [the agency] are looking for is a process. If you go through the process, the results will get you to MEP, /I Paul Merwin, MN Attorney General's Office assigned to the MPCA. The League continues as to why the definitions of the NPDES permit focused on the "maximum extent practicable" and self-assessment: . "Your Storm Water Pollution Prevention Program must be designed and managed to minimize the discharge of pollutants from your storm sewer system to the Maximum Extent Practicable (MEP). " . "Your SWPPP must include Best Management Practices (BMPs) that control or reduce pollutants, as appropriate for your community. In the development of BMPs for your SWPPP, you must consider the sources of pollutants, the potentially polluting activities being conductee in the watershed, and the sensitivity of receiving waters. " . . . . . Mayor and City Council SWPPP Public Information Meeting March 10,2005 Page 3 of3 For each of the six minimum control measures, appropriate BMPs have been identified along with measurable goals, an implementation schedule, and the persons responsible to complete each measure. Appendix A of the SWPPP is the "heart and soul" of what has been completed, what is to be completed in the future, and noteworthy comments about each item. Mr. Phillip Elkin, of WSB and Associates, will present the Annual Report in detail during the Public Information meeting. As noted earlier, public testimony is to be taken, with a written "record of decision" regarding each comment received to be issued and submitted to the Minnesota Pollution Control Agency. Recommendation Staff is recommending that once the City Council has conducted the Public Information Meeting, a motion be approved accepting the Annual Report and Review of the SWPPP and directing Staff to prepare a Record of Decision. Please note: The NPDES Report will be sent bye-mail to City Council Members and a paper copy will be printed and available at the meeting on Monday evening. . . . . . .... . . I . . . . By completing this annual report form, you are ''providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goalsfor each of the minimum control measures" as required by the MS4 Permit. Use of this form is not mandatory; however, you must address all the questions and cross reference in a clear format. Name of MS4: City of Shorewood Contact Person: Larry Brown Telephone Number: (952) 401-1637 Address: 5755 Country Club Road Shorewood MN 55331-8926 1. Public Education and Outreach on Stormwater Imoacts a. Did you hold a public meeting on your Stormwater Pollution Prevention Yes No Program (SWPPP)? [Part V.G.1.e] X b. How many individuals attended? If you did not comply with this requirement, explain why. Please attach a separate sheet labeled Ic. ReSDonse: In accordance with NPDES /I rules, the City must provide 30 days notice and conduct a public meeting for the Stormwater Pollution Prevention Program (SWPPP), prior to March 1 dh, 2005. City Staff missed the appropriate publication deadline to meet the 30-day notice period, as it relates to the City Council meeting schedule. Based upon guidance from MPCA staff and the City's consultant, it was decided that it was more important to make sure that the review period of 30 days was provided for the SWPPP, versus meeting the March 10th, 2005 deadline for the SWPPP meeting. Therefore, the meeting was noticed 30 days in advance, and was conducted on March 14, 2005. 1 3/1112005 :-#55 .~ c. What was the date of the public meeting? March 14,2005 d. In what newspaper or publication of general interest did you publish the public notice of your meeting? [Part V.G.1.e.2] Sun Newspapers . e. On what date was it published? February 10, 2005 NOTE: Please retain a copy o/the public notice in your records. You must hold your public meeting before March 10, 2005. f You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. Please provide a status update concerning your efforts in developing this program. Please provide your response below or attach a separate sheet labeled Ig. Response: The City continues its efforts in public education. Elements of education are published to each residence via the City of Shoreowood's monthly newsletter "The ShoreRelJort. "in addition to publication on the city's web page. This web page address is www.ci.shorewood.mn.us. Brochures have also been published and distributed, on specific issues. During 2004, the city has published the following items: The ShoreReoort February "Living in a Watershed: Stormwater Pollution Prevention" "Resident Participation in Storm water Pollution Prevention" "Freeman Park Wetland Improvements" March "Protect Our Wetlands" April "Fertilizer Law in Effect" "Clean Up After Your Pets" May "No phosphorus Fertilizer Reminder" "Spring Yard Care and the Eco-Yard" "Council Activities: Review of the SWPPP" "Yard Waste Disposal Options" June "Help Keep Our Water Clean" Web Page The City maintains a SWPPP web page to inform the public of the SWPPP and its importance to the City. This web page address is: www.ci.shorewood.mn.us/Pages/Pworks/swppp.html . 2 311112005 . I . . . . . . I . . . . Brochures "Dog Policies - A Guide for Shorewood Dog Owners" This brochure is distributed to all residents at the time of issuing a new license or the renewing of a pet license. The lead article of this pamphlet discusses how important picking up after pets is to the environment. h. You must specifically implement an education program that individually addresses each Minimum Control Measure: 1) Public education and outreach; 2) Public participation; 3) Illicit discharge detection and elimination; 4) Construction site stormwater runoff control; 5) Post-construction stormwater management in new development and redevelopment; and 6) Pollution prevention/good housekeeping for municipal operations. Please provide a status update concerning your efforts to implement this education program for each of the Minimum Control Measures. Provide your response below or provide a separate sheet labeled 1 h. Response: The City has included at least one Minimum Control Measure for each one of the six areas indicated a s part of the SWPPP. 2. Public Participation/involvement a. During your public meeting, did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-3] NOTE: Input must be considered prior to submittal of your annual report. b. Did you create a record of comments and your response to comments/record of decision (ROD)? c. Have you kept the ROD in accordance with the permit? [Part V.G.2.b] d. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.c] Yes No Yes No X Yes No X Yes No X 3 3/11/2005 3. Illicit Discharee Detection and Elimination You must develop, implement and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR 122.26(b)(2) into your SWPPP. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. a. You must develop, if not already completed, a storm sewer system map showing the location of: I) Ponds, streams, lakes and wetlands that are part of your system; 2) Structural pollution control devices (grit chambers, separators, etc.) that are part of your system; 3) All pipes and conveyances in your system, as a goal-but at minimum- those pipes that are 24 inches in diameter and over; 4) Outfalls, including discharges from your system to other MS4s, or waters and wetlands that are not part of your system (where you do not have operational control); structures that discharge stormwater directly into groundwater; overland discharge points and all other points of discharge from your system that are outlets, not diffuse flow areas. Please provide a summary of your efforts in developing this map. Provide your response below or use a separate sheet labeled 3a. Response: The City is continuing to generate base mapping for all of the storm water structures and appurtenances. To date, approximately 75 percent of the facilities have been mapped. It is anticipated, that the remainder will be completed in the first half of 2005. 4 3/11/2005 . . . . . . . . . I . . . . b. You must, to the extent allowable under law, effectively prohibit, through ordinance or other regulatory mechanism, non-stormwater discharges from entering into your storm sewer; c. You must develop and implement a program to detect and address non- stormwater discharges, including illegal dumping, to your system; d. You must inform employees, businesses, and the general public in your MS4 area of hazards associated with illegal discharges and improper disposal of waste; e. You must address the following categories of non-storm water discharges or flows (i.e., illicit discharges), only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defmed at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, truck and car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water, discharges or flows from fire fighting activities. Please provide a status update concerning your efforts to meet these permit conditions. Please provide your response below or provide a separate sheet labeled 3b-e. Response: The City of Shorewood has designated Minnehaha Creek Watershed District and the Riley Purgatory Bluff Creek Watershed District as the Responsible Governmental Units for review of drainage, land developments, erosion controls, and the implemntaton of Best Management Practices. Currently, these organizations review and administrate plan and site reviews, as it relates to stormwater/nonstormwater discharges, and applying the necessary ordinances regulating KMP's and SWPPP's. Therefore, the City believes that it has met the obligations above, by implementing said relationships with the Watershed Districts as the RGU. 4. Construction Site Stormwater Runoff Control You must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of greater than or equal to one acre or is less than one acre but is part of a common plan of development that will be one acre or greater. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure, at minimum: 5 3/11/2005 a. An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under law. These ordinances or regulatory mechanisms must be in place by March 11,2005; b. Requirements for construction site operators to implement appropriate erosion and sediment control best management practices; c. Requirements for construction site operators to control waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; d. Procedures for site plan review which incorporate consideration of potential water quality impacts; e. Procedures for receipt and consideration of reports of non compliance or other information on construction related issues submitted by the public, and f Procedures for site inspection and enforcement of control measures. Please provide a status update concerning your efforts to meet this permit condition. Please provide your response below or provide a separate sheet labeled 4. Response: The City requires, as part of the zoning and subdivision ordinances, that waste materials be contained on site. Water Quality review is addressed by the RGU. 5. Post-construction Stormwater Manae;ement in New Development and Redevelooment You must develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. At minimum: a. Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community; b. Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under law; and 6 3/11/2005 . . . . . . . c. Ensure adequate long-term operation and maintenance of BMPs installed as a result of these requirements. . Please provide a status update concerning your efforts to meet this permit condition. Please provide your response below or provide a separate sheet labeled 5. Response: The City requires a sWPPP for each proposed development, redevelopment, or public works improvement project. Field representatives, trained and certified in Best Management Practices, are on site and providing the documentation requiredfor each project. . 6. Pollution Prevention/Good HousekeeDim! for Municipal Operations a. You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Training materials that are available from the USEP A, state and regional agencies, or other organizations may be used as appropriate or modified for your community. Your program must include employee training to prevent and reduce .stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. I . . . Please provide a status update concerning your efforts in developing a Pollution Prevention Plan. Please provide your response below or provide a separate sheet labeled 6a. Response: The City has performed training activities for BMP's for municipal personnel. This is documented as a Minimum Control Measure as part of the SWPPP b. Did you identify and inspect all of your structural pollution control Yes No devices such as trap manholes, grit chambers, sumps, floatable X skimmers and separators, etc.? [Part V.G.6.b.2] c. How many structural pollution control devices do you have in your MS4 system? 10 . d. How many structural pollution control devices did you inspect? 10 7 3/11/2005 e. Calculate the percentage _100 NOTE: If less than 100 % were inspected, please explain why below or on a separate sheet labels 6e. f. Did you repair, replace, or maintain any structural pollution control Yes No devices? X g. Briefly, summarize any significant unscheduled (not routine) maintenance or improvement activities stemming from inspections of your structural pollution control devices. What changes have been made to your SWPPP as a result? Please explain below or attached a separate sheet labeled 6g. h. Did you identify and inspect at least 20% of your outfalls, sediment Yes No basins, and ponds? [Part V.G.6.b.3] X 1. How many outfalls, basins and ponds do you have? 71 outfalls. 72 ponds 2. Indicate if this number known or estimated? Known 3. How many of you outfalls, sediment basins, or ponds did you inspect? 36 4. What percentage is this? 51 % 5. If less than 20% of your outfalls, sediment basins and ponds were inspected, please explain why below or on a separate sheet labeled 6h-5. 6. Briefly, summarize the dates of completion of major additional protection measures triggered by your inspections. [Part V.G.6.b.4]. Attach a separate sheet ifnecessary labeled 6h-6. Response: In August of 2004, the City performed several regrading and stabilization offive outfall areas that showed signs of erosion 8 3/11/2005 . . . . . . . . . . . . . . 7. Additional SWPPP Issues Yes No a. Did you make a change to any identified best management practices or X measurable goals that were submitted with your permit application? [Part V.G.6.b.l] If you responded yes, explain under part b.. b. Briefly list the best management practices using their unique identification numbers you used in your SWPPP or any measurable goals that will be changed in your updated SWPPP, and why they have changed. Attach a separate sheet if necessary labeled 7b. c. Did you rely on any other entities to satisfy any portion of your SWPPP? If yes, please identify below the entity and for what activities. Yes X No Response: The City has identified and formally designated the Minnehaha Creek Watershed District and the Riley Purgatory Bluff Creek Watershed District as the RGU's. Therefore, the City is utilizing the services of the Watershed Districtsfor policing, ordinance and enforcement issues. d. Do you discharge to waters with a restricted discharge? See Appendix C Part B; you may view the applicable rules at www.pca.state.mn.us/water/water mnrules.html. If you need assistance with this determination, contact Keith Cherryholmes at (651) 296-6945 Yes No X If your answer is no, skip ahead to the certification. If your answer is "yes, " please attach the following information below or on a separate sheet labeled 7d (No response is needed unless there was a change in listing during 2004) a. A map of the watersheds where your MS4 discharges to the waters with restricted discharge. (Use a USGS map or equivalent) b. A narrative estimate of the impervious surfaces where your MS4 discharges to the waters with restricted discharge (estimated total impervious from land use and zoning or existing data can be used if available). c. A narrative estimate of the future / projected impervious surfaces where your MS4 discharges to the waters with restricted discharge (using available zoning or planning information that may affect your future discharges). rrative estimate of how your SWPPP can be altered to eliminate new or expanded discharges to the waters with restricted discharge. This consists of your preliminary plan to avoid, divert, or eliminate discharges to restricted waters, whenever possible. 9 3/11/2005 Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation must sign the annual report. This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fme and imprisonment (Minn. R. 7001.0540). ~~6 - ~ Authorized Signature (This person must be duly authorized to sign the annual report for the MS4) .3~Sk>S Date Brown Larry First Name Director of Public Works Title Last Name 5755 Country Club Road Mailing Address Shorewood City (952) 401-1637 Telephone (include area code) MN 55331-8926 State Zip Code Lbrown@ci.shorewood.mn.us E-Mail Address Please submit your annual report by March 10, 2005 to: MS4 Stormwater Program Municipal Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, Minnesota 55155-4194 10 3/11/2005 . . . . . . . . . I . . . . BMPs BROCHURES, HANDOUTS AND NEWSLETTERS 1.1 Minimum Control Measures Addressed by This BMP x X X Construction site runoff controls X Public education and outreach X Public participation and involvement X lllicit discharge detection and elimination BMP Description: The City will produce and distribute articles and information on the City's Storm Water Pollution Prevention Plan including information on the annual public hearing, illicit discharges, erosion control, shoreline management, composting and pollution prevention and other applicable best management practices. This publication will be distributed through City mailings and newsletters. Post-construction stormwater management Pollution prevention/good housekeeping Education Goal: This program is designed to develop an understanding of the SWPPP among residents. Timeline I Implementation Schedule: This activity will begin in 2003 and continue annually through 2008. Measurable Goals: Document the number of publications and households served by each publication. Audience: This activity will be directed to City residents, property owners, and business owners. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed: Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. Brochure Title Tar!!:et Audience Mallin!!: Date Number of Publications "Recycling Manual for Residents New & Existing Varies 220 of the City of Shorewood" Residents "Can't put it in the trash? Put it in New Resident Varies 220 your car" "Recvclimr News" Residents Februarv. 2003 2500 "Snrin!! Cleanuo Pro!!ram" Residents Annl 2003 2500 "Sonn!! Cleanuo Prol:!ram" Residents Mav. 2003 2500 "Where to Put Those Plastic Residents May, 2003 2,500 Bal:!s" "Compost Bins and Scrap Residents June, 2003 2,500 Buckets Available" "Backyard Composting" Residents Julv, 2003 2.500 "Recycling your used motor oil is Residents August, 2003 2,500 easv" "Household Hazardous Waste Residents September, 2,500 Collection" 2003 BMPs . BROCHURES, HANDOUTS AND NEWSLETTERS 1.1 continued I hereby certify that the above activities were completed. ~~~>> ~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date . t . . . . . . -- . . . . BMPs SWPPP STAFF TRAINING 1.2 Minimum Control Measures Addressed by This BMP - ~ Public education and outreach Public participation and involvement - Illicit discharge detection and elimination .-- X Construction site runoff controls I--- L Post-construction stormwater management X Pollution prevention/good housekeeping BMP Description: The City will provide training opportunities for City Staff in erosion control, best management practices, good housekeeping, and pollution prevention. These may include but are not limited to: MnDOT erosion control certification, SWPPP workshops, and BMP workshops. Education Goal: The goal of this action is to introduce ideas and develop an understanding of the SWPPP among City staff. Measurable Goals: The City will provide a minimum of one training opportunity and document the number of training sessions and the number of participants in attendance. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 I E-mail: lbrown@ci.shorewood.mn.us Timeline / Implementation Schedule: This activity will begin in 2003 and continue annually through 2008. Audience: City Staff involved in public works projects, construction projects, construction inspection, and maintenance. Recorded Activities Completed: Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . October 15, 2003 Public Works Personnel: Reviewed erosion control techniques, observation of site runoff problems and reporting practices for erosion problems. . October 16, 2003, Public Works Personnel: Reviewed polices regarding mowing and grass clippings with parks personnel. . November 18, 2003, Inspection Personnel: Distributed education materials pertaining to construction site erosion control and draft policies that are being considered for failure to control off site erosion. I hereby certify that the above activities were completed. d~~!/ ::> Signature of Responsible Official Director of Public Works Title 3-10-04 Date BMPs SWPPP WEB PAGE 1.3 X Public education and outreach X Public participation and involvement X TIlicit discharge detection and elimination BMP Description: The City will incorporate public information on SWPPP issues into a separate page on the City's website. This would specifically describe the SWPPP, each minimum control measure, the goals and actions planned by the City, provide links to BMPs, articles on each control measure and collect feedback from site visitors. Minimum Control Measures Addressed by This BMP Education Goal: The City will provide information on stormwater pollution prevention, best management practices, the City SWPPP, and outside entity resources available to City residents. Measurable Goals: The City will develop a separate SWPPP web page and document the number of publications produced. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us X X X Construction site runoff controls Post-construction storm water management Pollution prevention/good housekeeping Timeline / Implementation Schedule: This activity will begin in 2004 and continue annually until 2008. Audience: All City residents, property owners, and business owners. Recorded Activities Completed: Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . The City has created a separate web page and released this for viewing in March, 2004 for the City's SWPPP with an emphasis on educational outreach. Further revisions to the web site are anticipated to complete all of the goals. I hereby certify that the above activities were completed. ~~d~ Signature of Responsible Official Director of Public Works Title 3-10-04 Date . . I . . . . . . It . . . . BMPs ANNUAL PUBLIC MEETING 2.1 Minimum Control Measures Addressed by This BMP x X Public education and outreach Public participation and involvement TIlicit discharge detection and elimination Construction site runoff controls Post-construction stormwater management Pollution prevention/good housekeeping BMP Description: The City will conduct a public meeting on the City's Stormwater Pollution Prevention Program; solicit public opinion on the plan, and consider written and oral input into the SWPPP. Measurable Goals: Hold the public meeting, record attendance, keep minutes, record statements and written comments and document changes made to the SWPPP. Timeline I Implementation Schedule: This activity will be completed annually beginning in 2004 and continue through the life of this permit, 2008. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . March 22, 2004, Annual Public Information Meeting will be conducted. Official minutes will document testimony and comments, and a record of decision will be issued. I hereby certify that the above activities were completed. ~./A :> Signature of Responsible Official Director of Public Works Title 3-10-04 Date BMPs STORM SEWER MAP 3.3 Minimum Control Measures Addressed by This BMP ,..--- - Construction site runoff controls Public education and outreach - f-- Post-construction storm water management - Pollution prevention/good housekeeping Public participation and involvement - X Illicit discharge detection and elimination BMP Description: The City currently has a map identifying all ponds, lakes, streams, storm sewer pipes and conveyances as well as outfalls and discharge points leaving the City. As part of the SWPPP the City will annually update this map to include changes to the storm sewer system throughout the City including but not limited to, new development, street improvements, water quality projects, wetland mitigation projects and any changes to the storage or conveyance of stormwater within the City. Measurable Goals: The City will map all storm sewer pipe owned by the City and annually document changes in the storm sewer system. Timeline / Implementation Schedule: The City will conduct annual reviews of this activity (2003-2008). Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: Ibrown@cLshorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . The City has created a storm sewer map with storm sewer facilities owned and operated by the City. . Twenty percent of the outfall structures were inspected, along with documentation for maintenance and repairs. I hereby certify that the above activities were completed. ~~ Directm of Public Wmks 1..-. Signature of Re,;onsible Of:::; Title 3-10-04 Date . . t . . . . . . It . . . . BMPs EROSION CONTROL ORDINANCE 4.1 Minimum Control Measures Addressed by This BMP Public education and outreach Construction site runoff controls x Post-construction stormwater management Pollution prevention/good housekeeping Public participation and involvement Illicit discharge detection and elimination BMP Description: The City will review their current permit review processes and include managing site erosion and sediment control as part of the conditions of the permit. Staff will review current ordinances and City codes and update as necessary. Measurable Goals: The City will review and update as necessary the City's Erosion Control Ordinance. Timeline / Implementation Schedule: The City will review the current permit in 2004, and add additional requirements in 2005. The enforcement of new permit requirements will be in in 2005 and last until 2008. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . The City is in the process of reviewing their erosion control ordinance for compliance with applicable rules and regulations. I hereby certify that the above activities were completed. ~~ Signature of~esponsibleOfficial Director of Public Works Title 3-10-04 Date BMPs SURFACE WATER MANAGEMENT PLAN 5.1 Minimum Control Measures Addressed by This BMP . Public education and outreach Construction site runoff controls Public participation and involvement Illicit discharge detection and elimination BMP Description: The City currently has a Comprehensive Surface Water Management Plan. As part of this permit, the City will review the policies, requirements and Best Management Practices included within this document annually and will make amendments as necessary, as well as implement the plan. x Post-construction stormwater management Pollution prevention/good housekeeping Measurable Goals: The City will implement the City's Surface Water Management Plan and update the plan as necessary. Timeline / Implementation Schedule: The City will review its program annually beginning in 2004. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us . I Recorded Activities Completed . Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . City Staff has reviewed the current Storm water Management Policy and finds it to be adequate. . . I hereby certify that the above activities were completed. ~~ Signature of ~esponsible Official -> Director of Public Works Title 3-10-04 Date . . . It . . . . BMPs DEVELOPMENT REVIEW 5.2 Minimum Control Measures Addressed by This BMP - - Construction site runoff controls Public education and outreach - - Public participation and involvement - Illicit discharge detection and elimination Post-construction stormwater management - X Pollution prevention/good housekeeping BMP Description: The City will continue to use existing development review policies currently in place to minimize the negative impacts storm water runoff may have on water quality within the City. Utilizing these existing policies, all development proposals must address water quality, water quantity, erosion control and site grading, utilizing BMP's for each of these activities. Measurable Goals: The City will review new development plans for conformance with BMP's outlined in the SWPPP and document the number of development plans reviewed annually. Timeline I Implementation Schedule: The City will follow this activity annually 2003 through 2008. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: Ibrown@ci.richfield.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . The City, and the Minnehaha Creek Watershed District or the Riley Purgatory Bluff Creek Watershed District, review plans to insure that BMP' s are being utilized within the City. I hereby certify that the above activities were completed. ~ L ~ Directo, of PublioWmk, Signature of R"ponsi~ci~ Title 3-10-04 Date BMPs STORM SEWER INSPECTION PROGRAM 6.1 Minimum Control Measures Addressed by This BMP . Public education and outreach Construction site runoff controls Public participation and involvement X lllicit discharge detection and elimination BMP Description: The City will inspect all outfalls, sediment basins and ponds within the city's storm sewer system. The results of these inspections will be compiled in a report and include sediment levels, pond age, watershed information and record recommended maintenance and maintenance schedules. X Post-construction stormwater management Pollution prevention/good housekeeping Measurable Goals: The City will record the number of outfalls inspected, and rate the condition of outfalls and ponds. The inspection of all storm sewers will be completed over the 5-year permit period. Responsible Person: Name: Larry Brown Title: Public Works Director Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Timeline I Implementation Schedule: The City will begin this action in the year 2004 and continue until all inspections are complete prior to the 2008 permit expiration. . t Recorded Activities Completed . Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . The City has commenced with the inspection of all of the outfalls, and has undertaken projects with the appropriate watershed district to remove sediments from basins that require restored volume. . . I hereby certify that the above activities were completed. ~~ Directo' Of Publio Wo,k, .. Signatme of Re~ible Offici"] Title 3-10-04 Date . , .' . . I . . . . BMPs EQUIPMENT AND HAZARDOUS MATERIAL STORAGE 6.2 Minimum Control Measures Addressed by This BMP Construction site runoff controls Public education and outreach Public participation and involvement X Illicit discharge detection and elimination BMP Description: The City will continue to train staff, implementprocedures, and incorporate best management practices in handling of equipment and hazardous materials used by City staff. X Post-construction stormwater management Pollution prevention/good housekeeping Measurable Goals: The City will review activities undertaken by its staff to prevent illicit discharges from daily activities. Timeline / Implementation Schedule: The City will review its activities annually beginning in 2004. Responsible Person: Name: Larry Brown Title: Public Works Director I Phone: 952-474-3236 E-mail: lbrown@ci.shorewood.mn.us Recorded Activities Completed Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . Personnel are trained by a certified instructor on an annual basis on the handling, storage and employee right to know act regarding hazardous chemicals and substances. . Personnel handling chemicals, herbicides and other materials that require special care and storage are trained annually by supervisory staff. I hereby certify that the above activities were completed. ~~ff '-" Signature of Responsible Official ~ Director of Public Works Title 3-10-04 Date 1llI' BMPs LANDSCAPING AND LAWN CARE PRACTICES 6.3 Minimum Control Measures Addressed by This BMP . Public education and outreach Construction site runoff controls Public participation and involvement lllicit discharge detection and elimination BMP Description: The City will annually review and, if necessary, adjust its current practices in the use of pesticide and herbicide application, mowing and discharge operations, grass clipping collection, mulching and composting. x Post-construction stormwater management Pollution prevention/good housekeeping Timeline I Implementation Schedule: This activity will be conducted annually beginning in 2004. . t Recorded Activities Completed . Outlined below is a description of the specific activities that were undertaken by the City over the past year that document the City has met the measurable goals associated with this BMP. . January 13, 2004, Five Public Works Staff members: Reviewed current practices of pesticide and herbicide application, storage and practices. In addition, reviewed procedures for discharge of grass clippings and roadside mowing practices. . . I hereby certify that the above activities were completed. ~ Directm of Public Wo,ks Signature of ReS~fficial > Title 3-10-04 Date . . 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: City Council ~ Craig W. Dawson, City Administrato.r, dJ ~.. Bonnie Burton, Director of Finance . March 10, 2005 Reimbursement Resolution for City Hall Project - Land Purchase DATE: SUBJECT: . At its special meeting on March 7, the City Council authorized purchase of property at 5795 Country Club Road, for approximately $305,000. At the recommendation of bond counsel, a reimbursement resolution has been prepared to ensure that the costs associated with this purchase would be eligible to include with long-term "capital improvement plan bonds" to finance for City Hall improvements. . The City's current Capital hnprovement Plan (CIP) shows $1.5 million planned for City Hall improvements in2006. The proposed resolution indicates that the City Council would include in its CIP a City Hall for which it "reasonably intends... [that] tax exempt bonds to be issued in an estimated maximum principal amount of $3,600,000." This amount reflects the $3.2 million estimate from the City Hall evaluation study plus the cost of the additional land. Adoption of the resolution does not commit the City Council to build a new City Hall or to issue $3.6 million in bonds, but provides flexibility in the final decision and makes sure that the cost for additional land is covered. The Council may amend the Reimbursement Resolution (increase or decrease) at a later date as the decision is firmed up. . For your information, is a memorandum from a public financial advisor regarding financing options for City Hall improvements is attached. The last bullet-point on page I discusses the new "capital improvement plan bonds", as allowed by a recent change in State law. While referenda are not required for these bonds, there is a reverse-referendum feature whereby within 30 days of the public hearing calling for the issuance of bonds, a referendum would be required upon a petition calling for a vote were submitted by at least five percent of voters in the last general election. RECOMMENDATION: Staff recommends that the Council adopt the Resolution regarding Reimbursement from Tax- Exempt Bond Proceeds for improvements to City Hall. . ... ~~ PRINTED ON RECYCLED PAPER .:i/: 9 R . CITY OF SHOREWOOD, MINNESOTA RESOLUTION NO. DECLARING THE OFFICIAL INTENT OF THE CITY OF SHOREWOOD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF TAX EXEMPT BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (the "Regulation"), that establishes the requirements under which an allocation of a portion of the proceeds of tax-exempt bonds (as defined in Section 150 of the Internal Revenue . Code of 1986, as amended) to an expenditure that is originally paid from a source other than such tax-exempt bonds will be treated as an expenditure of the proceeds of such tax-exempt bonds on the date of such allocation; and WHEREAS, the Regulation requires that (i) not later than sixty (60) days after payment of the original expenditure, the issuer of the tax-exempt bonds must adopt an official intent for the original expenditure (in any reasonable form, including issuer resolution or action by an . appropriate representative of the issuer or the conduit borrower), (ii) the official intent generally describes the project for which the original expenditure is paid and states the maximum principal amount of obligations expected to be issued for the project, and (iii) on the date of the declaration of official intent, the issuer must have a reasonable expectation that it will reimburse the original expenditure with proceeds of the tax-exempt bonds; and WHEREAs, the original expenditure must be a capital expenditure or a cost of issuance for the tax-exempt bonds, and the reimbursement allocation (except with respect to costs of . issuance, amounts not in excess of the lesser of $100,000 or five percent of the proceeds of the tax-exempt bonds, and preliminary expenditures (as defined in the Regulation) not in excess of twenty percent of the aggregate issue price of the tax-exempt bonds) must be made not later than eighteen months after the later of (i) the date the original expenditure is paid, or (ii) the date the project is placed in service or abandoned, but in no event more than three years after the original expenditure is paid or three years after the date the original expenditure is paid if the City qualifies as a "small issuer" pursuant to Section 148(f)(4)(D)(i) of the Internal Revenue Code of 1986, as amended; and WHEREAS, the City of Shorewood (the "City") proposes to purchase certain land adjacent to the current City Hall (the "Project") in anticipation of constructing a new City Hall on the acquired land pursuant to a capital improvement plan proposed to be approved by the City Council later this year (the "Capital Improvement Plan"); and . 260221 (JAE) SH230-00036 . . . . . WHEREAS, the City expects to incur certain expenditures with respect to the Project and such expenditures may be financed temporarily from sources other than tax -exempt bonds; and WHEREAS, the City expects to reimburse the expenditures with respect to the Project from a portion of the proceeds of tax-exempt bonds issued pursuant to the Capital Improvement Plan and Minnesota Statutes, Section 475.521 in the principal amount not to exceed $3,600,000; and WHEREAS, the City has determined to make this declaration of official intent ("Declaration") to reimburse certain costs from proceeds of tax-exempt bonds in accordance with the Regulation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The City reasonably intends to make expenditures for the Project. 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from a portion of the proceeds of tax exempt bonds to be issued in an estimated maximum principal amount of $3,600,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1. 150-2(d)(3) of the Regulation. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (i) costs of issuance of bonds; (ii) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (iii) preliminary expenditures (as defined in the Regulation) up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the tax exempt bonds described in paragraph 2 above are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of tax-exempt bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. 26022 1 (JAE) SH230-00036 Approved by the City Council of the City of Shorewood this 14th day of March, 2005. CITY OF SHOREWOOD, MINNESOTA Mayor Attest: City Administrator 260221 (JAE) SH230-00036 . . . . . . NORTHLAND'SECURITIES March 9, 2005 Mr. Craig Dawson, Administrator Ms. Bonnie Burton, Finance Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Debt Financing Options for a City Hall Facility . Dear Craig and Bonnie: As you know there are now three debt financing options available to City's for the acquisition, construction and equipping of a new City Hall Facility: . . General Obligation (Referendum) Bonds - the City has the authority to issue General Obligation Bonds backed by the full faith and credit of the City. It would be necessary for the City to hold a special election on this question. If the election question passes, the City has the ability to issue General Obligation Bonds. The bonds would be subject to the statutory debt limit. The City's current statutory debt limit margin is approximately $19.8 million. . . Lease Purchase Revenue Bonds - the City has the authority pursuant to Minnesota Statutes, Section 465.71 to acquire such a facility pursuant to a lease with option to purchase agreement. The City must have the right to terminate the lease purchase agreement at the end of any fiscal year during its term. Unless terminated at the end of any fiscal year the lease is payable from any revenues available to the City. Under current law, if the City wants the ability to levy taxes outside of levy limits to make the lease payments, the bonds must be issued by an Economic Development Authority (the "EDA") or a Housing and Redevelopment Authority ("HRA") of the City. The EDA and the HRA has the authority to issue revenue bonds payable solely from lease payments to be made by the City pursuant to the lease purchase agreement entered into between either the EDA or the HRA and the City. Under current law, a financing of this type does not require a referendum. In addition, because the project cost will exceed $1.0 million, the entire lease purchase bond-financing amount counts against the City's statutory debt limit. . . General Obligation Capital Improvement Plan Bonds (NEW) - The 2003 Minnesota Legislature enacted into law a program that allows home rule and statutory cities to establish a capital improvement program and issue bonds for certain capital improvements - including public lands, buildings or other improvements for the purpose of a City Hall, public safety facility and public works facility without an election. These bonds would be subject to the City's debt limit. In addition, there are other limitations and procedural requirements involved: Northland Securities, Inc. 45 South 7"' Street, Suite 2500, Minneapolis, MN 55402 Toll f,e. 800-85 1-2920 M,ill 612-851-5900 fa" 612-85 1-5987 www.l1orthlandsecurities.com Member NASD and SIPC . o Under current law, the maximum principal and interest on the bonds may not exceed 0.05367% of the taxable market value in the county. While the statute currently refers to the percentage of market value in the county, the 2005 Minnesota Legislature is expected to revise that limit to .16% of market value in the City. The preliminary 2005 market value of the City is $1,286,888,900. Assuming the revision is adopted, the new law would allow for a bond issue of approximately $27.0M based upon an issue maturing over 20 years at 4.50%. o A capital improvement plan must be developed and approved by the City after a public hearing. The capital improvement plan must cover various cost, needs and revenue considerations as outlined in MSA 410.326 subdivision 3. o The bonds would only be subject to a referendum if the City received a petition calling for a vote on the issuance of the bonds. The petition must be signed by voters equal to 5% of the votes cast in the City's last general election within 30 days after the public hearing. . Based on my understanding of the City's project description, the amount of a bond financing would not be an issue as it relates to any statutory requirements. I hope this information is helpful. If you have any questions, please do not hesitate to contact me. Sincerely, . NORTHLAND SECURITIES INC. ~R dl/Nl.A. Paul Donna Senior V.P. and Partner . . CITY OF SHOREWOOD CITY COUNCIL MEETING March 14, 2005 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.