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092506 CC Reg AgP CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 25, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Lizee Turgeon _ Callies Wellens B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 11,2006 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removedfrom the Consent Agenda. Comments can be taken or questions askedfollowing removalfrom Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. Authorize Expenditure of Funds for a Service Counter Security Window at City Hall (Att. - Director of Public Works' memorandum) D. Supplemental Agreement #7 A for the County Road 19 project (Engineer's memorandum, Resolution) E. Accept final improvements Parkview Crossing (Engineer's memorandum, Resolution) F. Petition for Connection to City of Minnetonka's Municipal Water Service for 5490 Vine Hill Road (Att. - Director of Public Works' memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENT A TIONS 6. PUBLIC HEARING CITY COUNCIL AGENDA - SEPTEMBER 25, 2006 PAGE20F2 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held September 13,2006 (Att.- Draft Minutes) 8. PLANNING - Report by Representative A. Outdoor Wood Burning Furnace Ordinance (Att. - Draft Ordinance, Planning Director's memorandum) 9. GENERAL/NEW BUSINESS 10. ENGINEERlNG/PUBLIC WORKS A. Approve Change Order #1 for the Wedgewood Drive, Mallard Lane, and Teal Circle Improvement and Appurtenant Works Project (Engineer's memorandum, Resolution) B. Rescinding Award of Contract for the Chanhassen/Woodhaven Well Interconnection Project, City Project 05-11 (Att. - Director of Public Works' memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council 12. ADJOURN CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 Executive Summary Shorewood City Council Regular Meeting Monday 25 September 2006 6:00 p.m. - Work Session will be held this evening. Agenda Item #3A: Agenda Item #3B: Enclosed is the Verified Claims List for Council approval. Staffing - no action required. Agenda Item #3C: Staff is recommending approval of a motion that accepts the proposal from Acoustics and Associates Inc. for replacement of the security window at the service counter of City Hall. Funding for this work will be funded from the public facilities and office equipment portion of the Capital Improvement Program. Agenda Item #3D: Supplemental Agreement 7 A for the County Road 19 - Smithtown Road Intersection project addresses changes necessary because the placement ofthe final bituminous wear course for a portion of the project was delayed until spring of2006. Staff is recommending approval of Supplemental Agreement 7 A. Agenda Item #3E: On September 27, 2005 the City of Shorewood entered into an Agreement with Bridgeland Development Company for the development of certain property known as Parkview Crossing Addition, located east of Suburban Drive. The construction outlined as part of that agreement has been completed, and the Developer has requested that the City accept the improvements. Staff is recommending acceptance of these improvements. Agenda Item #3F: Mr. Ron Johnson, property owner of 5490 Vinehill Road, PID 36-117-23- 11-0001, has requested municipal water service for the lot located adjacent Vinehill Road. Under ajoint agreement, the City of Minnetonka services this area of Vine hill Road. Staff has reviewed the request, and finds that the request to be served by the City of Minnetonka for this property is valid. Staff is recommending approval of the motion directing staff to forward the request to the City of Minnetonka. Agenda Item #7 A: Park Commissioner Sue Davis will report on the September 13, 2006, Park Commission meeting. 4"ll- t . PRINTED ON RECYCLED PAPER ....., Executive Summary - City Council Meeting of September 25, 2006 Page 2 of2 Agenda Item #8A: At the Council's direction, the Planning Commission has recommended a draft ordinance regulating outdoor wood-burning furnaces. The proposed ordinance sets an extremely high bar for anyone wishing to install a new OWF. As a practical matter, it will be virtually impossible to install one in Shorewood. Existing OWFs are "grandfathered in", subject to having to comply with EPA, MPCA standards and limits on months of operation. Agenda Item #1 OA: Change Order 1 for the Wedgewood Drive, Mallard Lane, and Teal Circle project is related to a revision to a portion of the storm sewer associated with the project. The changes are necessary based on field observations that indicated the existing pipe was larger than the pipe shown on the plans to replace it. Staff is recommending approval of Change Order 1. Agenda Item #10B: On August 23, 2006, bids were publicly opened for the Chanhassen- Woodhaven Well Interconnection Project. Subsequently, on August 29th, 2006, the City Council approved resolution 06-067 that authorized the Mayor and City Administrator to enter into a contract with the firm AB Environmental, for the specified improvement project. Based upon reference checks and research of AB Environmental, it appears that the firm in question is not qualified to perform the work specified in an organized and timely manner. In addition, the firm has not met the contractual obligations to be considered a responsive/responsible bidder. Therefore, Staff is recommending approval of a resolution that rescinds the award of contract for the W oodhaven Well Chanhassen Interconnection Project. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 11, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 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,T~rgeon, and Nielsen; Associate Attorney De V olve; FinAnce Director Works Brown Planning Director Director of Public Absent: Administrator Dawson B. Review Agenda Lizee moved, Callies seconded, Approvingtl).i~;~g~nda as passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, August Wellens moved, TurgJ.\~nr~~condedrl1tpproving thepty Council Work Session Minutes of August 7,2006, as presented. Molhm pass~C;l5/0. B. City Council Regular Meeting Minutes, August 14,2006 \,i:"::,,,:""""""""""':,'::} Turge()nJlloved, Lizee seconded, Approving the City Council Regular Meeting Minutes of August 14,2006, 'as presented. Motion passed 5/0. C. qm~ty Council Sn~cial Meeting Minutes, August 29, 2006 Callies moved, WelJKn~... seconded, Approving the City Council Special Meeting Minutes of August 29, 2006, as presented;JiIM()~ion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the Items on the Consent Agenda. Wellens moved, Turgeon 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 [#2A I CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11, 2006 Page 2 of8 C. Adopting RESOLUTION NO. 06-068, "A Resolution Approving a Temporary Gambling License for the Southshore Senior Community Center." D. Authorization for Expenditure of Funds for a Sewer Jet Vactor and Trailer Motion passed 5/0. 4. MATTERS FROM THE FLOOR This item was discussed after Item 11.B. on the agenda. Steven PahI. 24860 Smithtown Road, questioned when action WQ41d be outdoor wood-burning furnaces. Planning Commissioner Schll}itt shlted the be considering an ordinance regulating outdoor wood-bmiHhgfurnaces at meeting. regard to the use of Commission would 19, 2006, 5. REPORTS AND PRESENT A TIONS None. 6. PUBLIC HEARING None. September 13,2006. 7. PARKS No reports, as the 8. and actions taken at the August 15, 2006, minutes ofthat meeting). In received a of their C.D.P. Petersons a allowed by the Turgeon, Director Nielsen stated the City had not Nancy Peterson, 21355 Christmas Lane, authorizing the continuation 11, 2006, City Council meeting. Nielsen noted Staff had sent the would be extending the 60-day period by the additional 60 days them of the need for an authorization letter. A. Complaint Policy Director Nielsen stated long ago the City had adopted a passive enforcement policy relative to nuisance and Zoning Code violations. The City operated on a complaint basis (i.e., it did not go looking for violations). The approach had served the City relatively well in the past; it had allowed for neighborhoods to, in a manner, set their own standards relative to such things as outdoor storage, vehicles, etc. Nielsen then stated that there had been issues with anonymous complaints on numerous occasions. Although the Staff had advised residents that their identity would be protected by the State's Data CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11, 2006 Page 3 of 8 Practices law, some of the complainants refused to identify themselves. Because of that issue, Staff suggested a change to the policy to no longer accept anonymous complaints for the following reasons: . The City was not able to obtain additional information from the complainant (e.g., frequency or pattern of violation, identity of violators, etc.) when the complainant's name was not known. The City was not able to advise the complainant of the status of the complaint (e.g., appeals, no code violation, etc.). In situations where the complainant provided theii<oiryWith incorrect address information, the City was not able to contact the c9fflplainant to request the correct information. The City Attorney had suggested that standing Wl;\.$ an iss\.l!:lci[here had been instances where the complainant was not a Shorewood..r~~jdent or did notliv.e anywhere near the violation; the complainant was simply trying to use the City to getbf1.<?k at someone. . . . Nielsen commented when the complainant did not\s~~imny chang9 resulting from~~~1her call, the complainant would become angrier than he/she had previou.~lybeen.}Jnfortunately, the <?omplainant was now also mad at the City for not doing its job. Mayor Love stated he would support the He thanked Staff for its efforts. change to policy relative to complaints. Councilmember individuals that had Administration data, the to filing of complaints, Director to complaints. In response to a question from Councilmember Wellens Nielsen stated the City's response did nc;>t prefer the policy remain as it was; there were already many government <li'l..a r~sult of situations such as the loss of Veterans a political palztywith information, etc. of trust of the government into consideration. He for what he/she perceived as the City not doing its job often Mayor important to resolve disputes Councilmember Wellens's concern, he thought it was were being used to address violations of the City's code and not to Councilmember she would support the recommended change to the complaint policy. She suggested Staff inform of the City's complaint policy and the State's Data Practices law in The Shore Report community newspapers. She stated it was at times more difficult for the City to follow through on anonymous complaints. Councilmember Turgeon questioned if there were any statistics available as to the number known complainants versus anonymous complainants. Director Nielsen stated the number of complaints that were anonymous was a relative small percentage of the overall number of complaints, and he would provide Council with that information if requested. He commented that from his personal experiences a complainant was more often than not willing to identify him / herself once they understood the Data Practices law. He cautioned Council that Council was also subject to the regulations ofthe Data Practices CITY OF SHORE WOOD COUNCIL REGULAR MEETING September 11, 2006 Page 4 of8 law. Nielsen then cited an example where an anonymous complainant had sent a letter to Councilmember Turgeon, and six of the addresses listed in the complaint were incorrect. Councilmember Callies stated there were a number of ways for a complainant to file a complaint and remain semi-anonymous (e.g., email). If the complainant provided an email address Staff would be able to contact the complainant. Director Nielsen stated he would be comfortable with having, at a minimum, the complainant's em ail address. Councilmember Turgeon suggested the City conduct of 30 - 60 day t~~fLperiQd where the number of known versus anonymous complainants were tracked (after the existing.;yomplaint policy and State Data Practices law had been clearly communicated), and then evaluate >>1netl1er or not there was a need to formally change the complaint policy. Mayor Love again stated he would support the Staff recolTImended change to RRiTIplaint policy. The proposed policy would ensure both the City and complainant were held accountable.ljI;€\Vould also want to ensure the complaint policy was very clear. CounciAJj1)i~mber Callie.s and Councilmem~eri}J,izee agreed with Love's comments. Councilmember Wellens stated it was the residents' responsibiHtyito hold Council and Staff accountable, but it was not the Staffs and Council's resp(()'l~ibility to hold the coJj1)pJainants accountable. Councilmember Turgeon again stated she woulqlprer€~f1.AQ - 60 test peri(j)ql. Callies moved, Lizee Policy for the Wellens dissenting. Adopting RESOi~~~1I0N N~mm~H071, "A Resolution Establishing a Conmlaints." M()~ion passed 3/2 with Turgeon and make owned Council Planning meeting. He comment because the B. to Locate Storil,ge Building on City Property (representing Southshore Senior Community of the Southshore Center, had requested permission to for a storage building to be located on Badger Field, a City to apply for the C.U.P. was being requested at this time. If a public hearing could be scheduled for 3 October 2006 before the would be considered by the Council at its 23 October 2006 would present the request to the Park Commission for its review and would be located on City park land. In response to a question from Councilmember Turgeon, Director Nielsen explained the Southshore Center would own the structure, it would lease the land from the City for a nominal amount, and it would be responsible for the maintenance of and insurance on the structure. In response to another question, he explained the City owned the structure the Little League used that was located on a City-owned property, and the City carried the insurance for that structure. Callies moved, Wellens seconded, Granting the Southshore Center Permission to Apply for a Conditional Use Permit to Locate a Storage Building on City Owned Property. Motion passed 5/0. CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11, 2006 Page 5 of8 9. GENERAL/NEW BUSINESS A. 2007 LMCC Budget Mayor Love stated Sally Koenecke, Lake Minnetonka Communications Commission (LMCC) Executive Director, was present at the meeting to answer any questions Council had with regard to the proposed 2007 LMCC budget under consideration at the meeting. In response to a question from Councilmember Turgeon, Ms. Koenecke ~~plainep the approximate 25% increase for full-time salaried positions and approximate 27% decrea~~Hfbr part-time positions was the result of converting a part-time position to a full-time position. .~il~bH~?:lprevious Assistant Station Manager was replaced with a Program Manager position at a higlWRsalarytqmanager the newly created Programming Department. She explained the rationale for the r".ry1CC organiza.tion restructuring. In response to a comment from Councilmember Tuq:~ebn, Ms. Koenecke requesting an 18% increase over its 2006 budget. LMCC was In response to a comment from Councilmember Wellens,M~,l{()enecke explained funded from franchise fees and was not subsidized by propertyta.x.e~. LMCC was Callies moved, Wellens seconded, Approvi"g.~l).~..;Lake MinnetOlik~<=ornmunications Commission 2007 Budget as presented. Motion passed 5/0~ B. Approval of the 2007 Proposed..Bu(;lget Hearing the Truth-in- Taxation Public the 2007 Proposed General Fund Operating was the result of Council and Staff work- work-sessions, Council and Staff concurred Operating Budget would be desirable. City's General She also salaries and lightsiqnll?lnPudget including the lack of levy limits imposed by State levy inSlrease was 4.91% over the 2006 tax levy. She noted: 1) the approximately 12% for Pay2007; 2) the proposed use of $100,000 in to the Capital Improvement Funds were unchanged from 2006. public safety, public works/engineering, municipal facilities, network server, and Senior Community Services funding. Burton then explained the proposed levy increase was less than the inflationary adjustment as determined by the Department of Revenue (4.91% vs. 6.4187%), the City was eligible to be exempted from Truth-In-Taxation Hearings this year. She stated Staff recommended the Truth-In- Taxation process be followed as usual, using the timetable and procedures set in place for 2006. She then reviewed the process steps and timetable. Councilmember Turgeon expressed her disappointment that the proposed budget did not reflect the changes she had requested during the August 7, 2006, work-session (e.g., removal of the Council contingency line item, changes to various budget descriptions, correction of the utility bills expense amount, and updated activity indicators). She questioned the budgeted expense of $11,600 for elections; she noted the last odd election year actual expense was $407. Turgeon stated Council had agreed another CITY OF SHORE WOOD COUNCIL REGULAR MEETING September 11, 2006 Page 6 of8 work-session to discuss the 2007 Operating Fund Budget would not be necessary because the draft budget was supposed to have been updated to reflect accurate service indicators and other changes requested by Councilmembers. Director Burton offered to meet with Councilmember Turgeon to review the changes she had requested be made to the proposed budget at Turgeon's convenience. Burton noted the budget being considered was the proposed "preliminary" budget document, not the final budget document. She explained approval of the proposed budget was necessary to set the maximum 2007 tax levy prior .~o the September 15, 2006, deadline. Councilmember Turgeon expressed concern with approving the pr.<?Pbs~.~i"preliminary" budget which did not include her requested changes. She stated it was difficult it9 dete~~I(t.y if the budgeted expense numbers were correct without accurate service indicators to as~~ss the budgeted~ll1ounts. Councilmember Callies stated Council had the OpportUl1\~ytO ask budget related questiRps during the two budget related work sessions. She acknowledged ther~iWYITTsome de~i~ITiptions and servi<rmtpdicators that could be clarified and/or updated. She commented she di(iljin~t recal.liWlY discussion ab~Jlt the budgeted expense for elections during the work sessions. Callies thens1J*~y(iljr~he was comfortable with adopting the proposed preliminary budget because she thought the substance.qfithe budget and the maximum tax levy amount were well thought out. Mayor Love again stated adoption of the proPRsediPlfHminary budgeti.~i1s one of several steps in the budget process. He asked Staff if the changes r~~~ested.~~ii~R~p~ilmenilber Turgeon could be addressed by the next time Council met. Director Burton stat~p thf1.~icouIat)YiP~l1e. Callies 2007 Proposed Collectible in 2007. proposed buclget were adopted, it was unlikely Council would et at a later dftte. She again stated it was difficult for her to ropriate withoQ:tl.the presence of accurate service indicators. She on 2,006 projections, but she did not know what those Councilmember make significant determine if the stated some of the service projections adopted the tax levy could not be increased. He stated made to the proposed budget prior to adoption of the final comments. Adopting RESOLUTION NO. 06-069, "A Resolution Setting the Budget and Approving the Proposed 2006 Property Tax Levy Councilmember updates about the budget. requested all the Councilmembers receIve information about changes and Director Burton asked Councilmember Turgeon if there was any financial aspect that concerned her with regard to the proposed budget. Councilmember Turgeon stated she was not sure if a budgeted 8.24% spending increase over 2006 was accurate; therefore, how could she know if a 4.9% tax levy increase over 2006 was accurate. Director Burton stated she relied on the department heads to provide with accurate service indicators. Her job was to compile the service indicators and include them in the budget document. CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11, 2006 Page 7 of8 Mayor Love reiterated Councilmember Wellens's request for all Councilmembers to receive an update when the Council next met. He stated all Councilmembers were extended the opportunity to meet with Staff regarding the budget to ensure all their questions were addressed. Councilmember Callies expressed concern that a misconception may have been created that there were no services indicators in the proposed budget; that was not the case. There were areas where some of the service indicators may be missing or inaccurate, but she did not understand how those indicators that were missing or inaccurate would affect the proposed tax levy. Callies then li?:ted some, but not all, of the service indicators included in the budget. She stated although the majorityi\fifitheservice indicators were included in the budget, there were some areas where it may be beneficif1.\t<5 update/include them. Councilmember Turgeon stated from her vantage point she did notr~hink that the majority of the service indicators were included. Director Burton stated service indicators were a way t~.imeasure specific service~c;~ivities.. She stated service indicators were not required by statute to b~fW~mi~f the bUQFet, but Staff WQV;\?be willing to work with Council to determine the instances where accurate service indicators would be of value. Motion passed 4/1 with Turgeon dissenting. Wellens moved, Turgeon seconded, Adop,,"gH~~()LUTION NO'~R~-R70, "A Resolution Setting the Truth-in- Taxation Public Hearing on tl).~ PrQP()~~(;l 2007 Budge~$~nd the 2006 Property Tax Levy Collectible in 2007." Motion passed 5/0. 11. 10. None. B. Councilmember and the entire Council, had received a follow-up email complaint from a constituent buzzing noise from a phone pole located near the resident. His expressed concern with regard to complaint had been filed in June 2006, yet he knew nothing about it. He suggested the City a policy such that when the City received a complaint a copy of the complaint was forwarded to the Councilmember. Mayor Love stated Councilmember Wellens's request was a reasonable request. He asked Staff if implementing that request would create an undue burden on the Staff. Director Nielsen explained the complaint form used to be placed in the Council folder. He stated he did not see a problem with notifying the entire Council of complaints filed. CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11,2006 Page 8 of 8 Director Brown expressed concern that issues could arise with regard to the open meeting law if only one Councilmember was informed. Mayor Love agreed with Brown's concern. Councilmember Lizee stated placing the complaint in the Council folder could work. She suggested Staff may want to withhold the complainant's name because of the Data Privacy law. Mayor Love questioned Staff if the complaints could be distributed with Administrator Dawson's regular email to the Councilmembers, and that process could be evaluated in a few to determine if it was working effectively. Councilmember Wellens stated Mayor Love's approach sounded 12. ADJOURN Lizee moved, Callies seconded, Adjourning the 2006, at 7:52 P.M. Motion passed 5/0. City Council September 11, RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, Mayor ATTEST: Craig W. Dawson, PAYABLESAPPROVALS For 09/25/06 Council Meeting , ~:iL Date: Michelle T. N guyt n, r. Accounting Clerk Reviewed by7J!J71M ~/tL (I/l~) Date: Bonnie Burton, Finance Director Prepared by Date: awson, City Administrator PAYROLL APPROVALS For 09/25/06 Council Meeting "7ftJfll../)/}~( rVl / Prepared by: tZL / . 'ljl . (- /(L~./ lf~J/ L/ Date: , j/ j/ Michelle T. Nguyen, Sf. Accounting Clerk Reviewed ~~' :?a:/c1A/ . / N7/t1 ) Date: . . ~ / Bonnie Burton, Finance Director Approved by: Date: Crai ; awson, City Administrator CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years · 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: September 20, 2006 RE: Authorization for Expenditure of Funds for Security Door Service Counter City Hall The accordion door for the front service counter of City Hall has deteriorated to the point where it finally had to be removed. The door has been in place many years, and has sustained many repairs. Staffhas attested on several occasions of being in the office during off-hours, and accidentally locking themselves out of the main office. This was never much of a concern, as they were able to breach the accordion door on the service counter, with little effort. Aside from the typical aspects of security, this is more disturbing in that several organizations rent out the conference room for special events during off-hours. Locking systems are in place that allows renters to enter the front lobby and to utilize the conference room, without gaining access to the city offices. This system is vital for the security of the computer network systems and permanent records. At this time, the service counter is completely open to the lobby area, until such time as a replacement can be obtained and installed. Staff requested proposals for the door as follows: . Preferable that the replacement door be "trackless" on the bottom, so as not to disrupt the service counter aspect. . Preferable aluminum bifold and metal hinge system to incorporate a more secure door. . Keyed on the interior, with a metal center rod midpoint to the counter to secure the bottom, when closed. Several firms pointed to the supplier known as W oodfold, Inc. They are a main architectural supplier for many distributors for these type of custom doors. The distributor/installer able to provide us a proposal for this door is Acoustics and Associates, Inc. :jt:- 3 4"ll- f: . PRINTED ON RECYCLED PAPER ....., Mayor and City Council Authorization for Expenditure of Funds September 20, 2006 Page 2 of2 The low proposal for the furnishing and installation of door, locking hardware and installation has been quoted at $2,942.00. Staff is recommending that the proposal from Acoustics and Associates Inc. be accepted. If approved, the funding for this work would be funded from the public facilities and office equipment portion of the Capital Improvement Program. Recommendation Staff is recommending approval of a motion that accepts the proposal from Acoustics and Associates Inc. Funding for this work would be funded from the public facilities and office equipment portion of the Capital Improvement Program. Acoustics Associates *ACOUSTICAL CEILINGS * ACOUSTICAL PANELS * FLOORING * FOLDING PARTITION *MARKER/CHALK/TACKBOARDS * DEMOUNTABLE PARTITIONS . Date: 9/19/06 To: City of Shorewood Job Name: Location: Attention: Mr. Larry Brown Security gate To furnish and install (1) Woodfold Marco model 540 Visafold Security Gate. Includes: Size 475/8" high x 140 9/16" Long Surface mounted track Single left hand stack Key lock at lead post Wood Vinyl "Natural Oak" finish. Aluminum hinge pins $ 2,942.00 On all flooring work, purchaser certifies the subsurface(s) to be properly cured, hardened, moisture protected and prepared per specified or generally accepted manufacturers standard for the performance set out in this proposal. Acoustics Associates, Inc will not be held responsible or liable for any defects of finished product due to improper or incorrect substrate preparedness. This proposal is subject to acceptance within 30 days. lERMS: Net cash payment for 90% of value of material delivered on job, and labor for installing materials in job, during previous 30 day period; shall be done lOth of following month. Balance net cash 30 days after completion. Unpaid balances after 60 days will be subject to interest at the annual rate of 12%. If collection efforts are required to achieve payment, purchaser shall be responsible for all costs incu"ed including attorney's fees. All taxes now or hereafter levied by any Federal, State or local authority, upon sale of foregoing materials, are not included in the price and shall be paid by purchaser unless specially stated otherwise in this proposal. Accepted By: Acoustics Associates, Inc Title: Date: ALAN E. SCHWARTZ Project Manager 1250 Zane Ave North Minneapolis, Mn 55422 Phone (763) 544-8901 Fax (763) 544-2928 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: Mayor and City Council Craig Dawson, City Administrator Larry Brown, P.E., Director of Public Works Steve Gurney, P.E., City Engineep September 25,2006 TO: FROM: RE: Approve Supplemental Agreement 7 A County State Aid Highway 19 - Smithtown Road Intersection Improvement Project Attachment 1 is a copy of Supplemental Agreement 7 A that addresses changes to the contract for the County Road 19 - Smithtown Road Intersection project. This Supplemental Agreement was necessary because the placement of the final bituminous wear course for a portion of the project was delayed until spring of 2006. The Supplemental Agreement adjusts the contract quantities for bituminous pavement based on actual quantities placed, and provides an adjustment in the unit price for wear course to account for increased fuel costs. In addition, there was some work necessary to prepare the road for winter, such as lowering manhole castings so the plows would not hit them. The net increase of Supplemental Agreement 7 A is $1,502.33. However, the City of Shorewood' s share is $2,226.04 because extra bituminous, approximately 40 tons, was placed along Smithtown Road, while there was less placed on County Road 19. Based on the original Cooperative Agreement, the City of Shorewood is responsible for the pavement placed on Country Club Road and Smithtown Road, while the County is responsible for the pavement placed on County Road 19. As previously reported, staff will be tabulating all costs associated with this project. It is estimated that the final construction costs will be approximately $3,665,000 to $3,840,000. Recommendation Staff is recommending approval of the resolution that approves Supplemental Agreement 7 A. A resolution for each is included for your consideration. 4"ll- t . PRINTED ON RECYCLED PAPER ....., HENNEPIN COUNTY TRANSPORTATION DEPARTMENTS CONSTRUCTION DIVISION ROAD CSAH 19 PROJECT 9821 RECORD OF AUTHORIZATION TO PROCEED WITH SUPPLEMENTAL AGREEMENT SUPPLEMENT AL AGREEMENT NO.7 A Nature of and reasonfor revision. ACTIVITY: Placement of final bituminous wearing course on the project. Also, three (3) catch basins along the concrete median on CSAH 19 needed to be lowered to match the roadway grade for winter snow plowing since the final lift of bituminous was postponed until Spring of2006. JUSTIFICATION: The final bituminous wearing course was postponed one construction season to the spring of 2006. Three (3) catch basins need to be adjusted down to be flush with the bituminous pavement for winter snow plowing and then readjusted in the spring. Also, due to the in-place clay subgrade, the Engineer directed the Contractor to construct sand weeps on each side of CSAH 19 easterly termini point to provide an outlet to drain the newly constructed sand subgrade under CSAH 19. FINANCIAL IMPLICATION: Cost Distribution: Group 1 Group 6 Group 7 Increase cost $1,502.33 S.A.P.27-619-18 S.A.P.216-101-02 SA.P.216-108-01 = ($723.71) (100% Hennepin County) = $2,563.39 (100% City of Shorewood) = ($337.35) (100% City of Shore wood) Estimated Amount: $1.502.33 Increase: x Decrease: Method of Payment: Force Account , Negotiated Price , Unit Bid Price x , Other c; /;<7/t; 6' ....J / uate 7' '/~. () 0 Date Hennepin County Construction Engineer Recommended By: Date Director, Hennepin County Transportation Department Approved By: Date Assistant County Administrator, Public Works and County Engineer Date Attachment # 1 F:'WPWINJ 388-0 I SUP PLEJvlENTAL AGREEJVlENTS'SA 7A.doc SUPPLEMENT AL AGREEMENT HENNEPIN COUNTY TRANSPORTATION DEPARTMENT CONSTRUCTION DIVISION SUPPLEMENTAL AGREEMENT NO. 07 CONTRACT NO. 9821 COUNTY PROJECT NO. 9821 S.A.P. 27-619-18 COUNTY STATE AID HIGHWAY 19 LOCATION: On CSAH 19 in Shorewood & Tonka Bay CLASS OF WORK: Grading, Surfacing, Storm Sewer, Sanitary Sewer, Watermain, Signal, Signing, and Appurtenant Work. CONTRACTOR: Eureka Construction Inc. 8500 210th St. W. Suite 130 Lakeville, MN 55044 This contract is amended as follows: WHEREAS: This contract provides for, among other things, grading, surfacing, storm sewer, sanitary sewer, watermain, signal system, signing, and appurtenant work, and WHEREAS: Due to the time of the year, the final wearing course was postponed until spring of2006; and WHEREAS: CSAH 19 was constructed with a granular sub grade which match up to a clay subbase and sub grade weeps on the east end were required to drain the sub grade; and WHEREAS: The final bituminous wearing course was postponed until spring 2006, three median catch basins castings were removed and plated to prevent snow plow hits; and WHEREAS: The Engineer has determined that this work will be paid as listed in the following tables. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. The Contractor shall complete the remaining bituminous wearing on the project at an adjusted price for 2006. 2. The Contractor subcut and backfill with granular material two (2) sub grade weep trenches on the easterly match line on CSAH 19. 3. The Contractor shall jackhammer out, remove plate, and patch three (3) median catch basin frames for winter snow plowing and reinstall them in spring 2006. F:".WPIYIN.J 388-0} ',SUPPLEMENTAL AGRED,./ENTS\SA !.doc 4. The Contractor shall supply all labor, materials, and equipment necessary to complete this work at the negotiated unit price shown in the Estimate of Cost below. 5. The work performed will be measured and payment made in accordance with the units of measurement as shown in the Estimate of Cost which shall be compensation in full for all costs incidental thereto. 6. The Contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this agreement. 7. The contract time will not be revised except as may be provided under the contract provisions of Mn/DOT specification 1806; 1903 does not apply. ESTIMATE OF COST 2000 SPECIFICATIONS Total Increase of Supplemental Agreement 7 G ID $1 ,502.33 roup ecrease ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT 2350.501/24200 Type MV 4 Wearing Course Mix (B) Ton 348.13 $44.00 $15,317.72 2360.502/23200 Type MV 3 Non Wearing Course Ton 428.27 $40.00 $17,130.80 Mix (B) 2360.501/24200 Type SP 12.5 Wearing Course Mix Ton 1392.97 $39.00 $54,325.83 (4,B) 2360.502/24200 Type SP 12.5 Non Wearing Course Ton 375.14 $40.00 $15,005.60 Mix (4,B) Subtotal Decrease $101,779.95 G 11 roup ncrease ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT Mobilization (Mill) Lump Sum 1 $825.00 $825.00 Construct Weep holes Force 1 $1,224.39 $1,224.39 Account Prime Contractor Allowance Ton 2113.96 $0.44 $930.14 (Bituminous) Cover castings on CSAH 19 at Force 1 $2,096.94 $2096.94 Smithtown Road Account 2231.501/00010 Milling Bituminous Surface Sqyd 350 $9.35 $3,272.51 2360.501/24200 Type SP 12.5 Wearing Course Mix Ton 2113.96 $43.50 $91,957.26 (4,B) 2506.522/00010 Adjust Frame & Casting Each 3 $250.00 $750.00 Subtotal Increase $101,056.24 Net Decrease Group 1 $723.71 Cost Distribution S.A.P. 27-619-18 = 100% Hennepin County 2 F",WPWINI388.01'SUPPLElvIENTAL AGREEMEN1SSA 7.doc G 6D roup ecrease ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT 2360.501/24200 Type SP 12.5 Wearing Course Mix Ton 136.61 $39.00 $5,327.79 (4,B) Subtotal Decrease $5,327.79 G 61 roup ncrease ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT 2360.501/24200 Type SP 12.5 Wearing Course Mix Ton 179.59 $43.50 $7,812.16 (4,B) Prime Contractor Allowance Ton 179.59 $0.44 $79.02 (B ituminous) Subtotal Increase $7,891.18 Net Increase Group 6 $2,563.39 Cost Distribution S .A.P. 216-101-02 = 100% City of Shorewood G 7D roup ecrease ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT 2360.501/24200 Type SP 12.5 Wearing Course Mix Ton 8.65 $39.00 $337.35 (4,B) Subtotal Decrease $337.35 Net Decrease Group 7 $337.35 Cost Distribution S.A.P. 218-108-01 = 100% City of Shorewood Except as provided herein, all terms and conditions in said Contract thereto shall remain in full force and effect. " .J F: ',WPWIN:1388-01,SUPPLEMEN7AL AGREEMEN7~<;SA 7.doc SUPPLEMENTAL AGREEMENT Contractor, having signed this contract, and the County having duly approved this contract on ,2005, pursuant to such approval and the proper County official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA Approved as to form and execution: By: Assistant County Attorney By: Manager, Constmction Division Date: RECOMMENDED FOR APPROVAL: CITY OF SHOREWOOD ST ATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION EUREKA CONSTRUCTION INC. By: ,?..::---- ~ ""~~~~ For Funding Approval Only: Its: P{<.~""<=-<':"l Vll.I.!-..l.,c.,...V€";Q. By: And: Metro District State-Aid Engineer Its: Date: EUREKA CONSTRUCTION INC. STATE OF MINNESOTA A (')Of.\e>- COUNTY OF DAKOT f.. ) ) ss. ) i"^^:;,;';;'^^IV'~' ~",~~~B~\ DIANNE NOVAK '-, Notary Public-Minnesota '", ^M" Commlss.ion E.xpires Jan 31,2010 \I\fVo,,,,,,^,, ,^I\I'."/VV'\'."f',f'V'VVVVYVVVvvvvv This foregoing instrument was acknowledged before me on S~p+e-r0b'0r 16 , 200~(o by as and iJ C{)~ OlD 4 F::WPWIN../ 388-01 'SUPPLEMENTAL AGII.EEMENTS'SA 7do" CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT 7A FOR THE COUNTY STATE AID HIGHWAY 19 - SMITHTOWN ROAD INTERSECTION IMPROVEMENT PROJECT, CITY PROJECT NO. 97-07 WHEREAS, on November 8, 2004, the City of Shorewood entered into a contract for construction with Eureka Construction, Inc. for the County State Aid Highway 19 - Smithtown Road Intersection Improvement Project, City Project No. 97- 07; and WHEREAS, WSB and Associates has prepared Supplemental Agreement 7 A attached hereto as Exhibit A, for additional work outside of the original contract; and WHEREAS, the Director of Public Works has reviewed said Supplemental Agreement and found it to be cost effective for the project. NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Supplemental Agreement 7 A with Eureka Construction, Inc, that incorporates services outlined in Supplemental Agreement 7 A, attached hereto as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 25h day of September, 2006. ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works Brad Nielsen, Planning Director Steve Gurney, City Engineep September 25,2006 TO: FROM: RE: Accept Improvements for Parkview Crossing Addition The Parkview Crossing Addition is a nine lot subdivision located east of Suburban Drive (see Attachment 1). Improvements for the development included the installation of a sanitary sewer system, a storm sewer system, road improvements, and watermain improvements. The project has been completed in accordance with the approved plans and specifications. In accordance with the development agreement, the developer's engineer has provided a letter stating the improvements have been completed according to the approved plans and specifications (see Attachment 2). In accordance with the development agreement, the developer has posted an Irrevocable Letter of Credit covering 150% of the anticipated costs of the improvements. In December, 2005 the Letter of Credit was reduced to reflect the improvements that had been constructed at that time. Once the project has been accepted, we will be releasing the remainder of the Letter of Credit associated with the improvements, provided the following conditions are met. . The developer must provide a one-year warranty bond has been provided by the developer's contractor equal to the amount ofthe public improvements. . The developer's engineer must provide the City with record drawings showing the location of all utilities constructed as part of this project. Recommendation Staff is recommending approval of the resolution which accepts the public improvements for Parkview Crossing Addition, subject to the developer providing the one-year maintenance bond and mylar record drawings. A resolution is attached for your consideration. 4"ll- t . PRINTED ON RECYCLED PAPER ....., if<5 00 ,zz 00 00 00 f-C~ ~o / , .< \'" \ / n v / ^ , _, \ \ ';" \c1... 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(b,j-:> L:~-kJ (1 ( Hug. d,j dkJkJb kJl:4,j~M ~1 Terra Engineering, Inc. ... eMI Engineering August 23, 2006 18\<;1 Planning. Consulting Lany Brown City of Shorewood 5755 Country Club Road Shorewood, MN 55331 (fax 952-474~0128) RE: Project Certification Parkview Crossing Shorewood, MN Dear Larry: I hereby certify that the public utility and street improvements in the above referenced project, have been substantially completed in accordance with the approved plans and specifications (including the bituminous wear course). Deviations from the plans and specifications, if observed by us, are reflected in the record drawings submitted to the City on 3/27/06. The project contractor will be furnishing a maintenance bond for this work Per my meeting with Phil Tipka today, the utilities have been final inspected and all plUlch list items have been completed. We hereby request acceptance of the public improvements by the City for ownership and maintenance, and a cancellation of the Letter of Credit Sincerely, p~Rrtete~ TERRA ENGINEERING, INC. cc: Steve Nelson, Bridgeland Development Company (fax 952-463-5906) Tom Bermel, Doboszenski and Sons Inc. (fax 763-478-3186) Steve Gurney, WSB & Assoc. (fax 763-541-1700) Attachment #2 600;1, Glenwood Aven.ue . Minneapolis, Minnesota 55422 . 763 593 9325 . Fax: 763 512 0717 RESOLUTION NO. 06- A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS IN THE PLAT OF PARKVIEW CROSSING ADDITION WHEREAS, on September 27, 2005 the City of Shorewood entered into an Agreement with Bridgeland Development Company for the development of certain property known as Parkview Crossing Addition; and WHEREAS, Paragraph 2 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements within the plat of said property, which improvements included installation of a sanitary sewer system, a storm sewer system, watermain, and road sub grade and surfacing; and WHEREAS, Paragraph 17 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and WHEREAS, the developer has completed construction and installation ofthe improvements outlined above; and such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications, and WHEREAS, the Developer is desirous of conveying said improvements to the City and the City is desirous of accepting said improvements from the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the City hereby accepts from the Developer the sanitary sewer system, storm sewer system, watermain and road improvements in the plat of Parkview Crossing Addition. 2. That the Developer shall provide to the City a one-year maintenance bond in the amount of$423,104.50. 3. That the Developer shall provide to the City record drawings. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of September, 2006. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: September 21, 2006 RE: Petition for Municipal Water Service from the City of Minnetonka Property at 5490 Vine Hill Road Mr. Ron Johnson, property owner of 5490 Vine Hill Road, (more specifically PID 36-117-23-11- 0001), has requested municipal water service for the lot located adjacent Vine Hill Road. Under a joint agreement, the City of Minnetonka services this area of Vine Hill Road. Attachment 1 is a site location map. Under the current agreement with the City of Minnetonka, Shorewood residents requesting service from the City of Minnetonka must first petition the City of Shorewood for such services. If approved, a formal letter of request shall be sent to the City of Minnetonka for their City Council's consideration. Due to capacity issues in the past, each request is to be considered individually. In turn, the City of Minnetonka will draft an agreement for execution, if approved. Attachment 2 is a letter from the City of Minnetonka, acknowledging and redirecting Mr. Johnson's request. Staff has reviewed the request, and finds that the area in question is served by the City of Minnetonka's main along this portion of Vine Hill Road. Therefore the request to be served by the City of Minnetonka for this property is valid. Recommendation Staff recommends approval of a motion requesting Municipal Water Service from the City of Minnetonka for service to 5490 Vine Hill Road, also known as PID 36-117-23-11-0001. *3 ~ll- II' . PRINTED ON RECYCLED PAPER ...., lit '~'-'--N err II-"/----~---=l I f---.l Attachment 1 Site Location Map ,.. etonka Minnetonka, MN 55345 952-939-8200 Fax 952-939-8244 September 15, 2006 Ron Johnson 5355 Shady Hills Circle Shorewood, MN 55331 Dear Mr. Johnson: In your letter of September 5, 2006, you asked if water is available on Vine Hill Road, and what the hook up charges would be to connect to that line. Water is available on Vine Hill Road. Over the past number of years we have allowed individual homes outside of Minnetonka to connect to that line. A request to connect to the water would have to be approved by both city councils. Any hook up fees would be billed directly to the City of Shorewood. I have no idea as to the amount that Shorewood would bill to you. We would not be able to determine hook up fees without a drawing of the proposed development. I trust this answers your questions. Sin~/~~ 0/ ~ ~- - Virgil E. Herrmann Project Engineer Cc: Craig Dawson, City of Shorewood Minnetonka...where quaiity is our nature CITY OF SHOREWOOD P ARK COMMISSION MEETING WEDNESDAY, SEPTEMBER 13,2006 5755 COUNTRY CLUB ROAD SHOREWOOD CITY HALL 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Davis called the meeting to order at 7:05 pm '. j'-, A. Roll Call Present: Chair Davis; Commissioners Young, Westerlund, Nor)T).an and Trent: City Engineer Brown: and City Council liaison Well.ens Absent: ;1 " Commissioners Moonen and Hensley iI!: 1\1\1 lHh 'ii 'q I,; B. Review Agenda Items 6B, Repoli on the Damage to the Sl{f1.~Y Park, and 4H, 1~[:>pate on the Manor Park Planting Project were added to the agendaj\\i';HHii!! inn!: 1~, . :':HIHP ;jt I, i' j' Westerlund moved, Norman seconded, approvin'g!~H~~g~~daa'S revised. Motion passed 5/0. . Ii i'I",!;\:I\:,;! :11; \ :;i I;' j,;P 2. APPROV AL, 9;F' MINUltJr,S A. ParkCommission:Meeting Minut~s of August 8, 2006 Young movecl,:Norman secd~d~d, app~&~rig~he Minutes of August 8, 2006 as submitted. l_,;;;,:,~.;j'I;,~1 '-~~~! -,--,',: Motion Pll~sed5IOji:iJ1 [i,. 'i, i:. .dIP' ' ; \1\\\\;, 'ijjiii,: 3. )i:iL~1f~}'TERS FR(j~\fI;HE FlJ~0R 'jijil1:;i\\!,j / There were n\Thi~. \;ii "1j\\\1\;, l( REPORTS:':: ,Ii A. Repor.'.tldH'City Council Meetings 4. Brown reported on the City council meeting of August 14, stating that the Council authorized the winter trails activity permit for 2006-2007, the Eddy Station roof replacement, the expenditure of funds for a drinking fountain at Eddy Station, and a request for proposals of bids for Badger Park lighting. Brown repol1ed that on September 11. the City Council voted 3/2 to deny the collection of anonymous comp laints. Counc i I mem bel' Wellens stated that he voted agai nst th is motion. In addition. Brovvn stated that the Southshore Center requested permission to file a CUP to place a storage shed on City propeliy. which the City Council granted. He explained that the Council gave the group permission to apply for the CUP which would then go through both the Planning 4tr7 , [ ~ G ~ . ' PARK COMMISSION AGENDA WEDNESDA y, SEPTEMBER 13,2006 PAGE20FS process and Park Commissions to consider granting them permission to place the shed on the southeast corner of Badger Park fields. Norman asked what the proposed use and size wou \d be. Brown stated that the shed would be used to store items for their attic sale, as well as, their snow blower and other outdoor equipment. He estimated the size to be roughly 12 X 24. B. Hockey Rinks White Surface Brown stated that staff investigated the costs and purpose for installing}Lwhite concrete surface ," d" on the skating surfaces and found that the installation is very costly <;LI)d'is'intended to prolong the skating season. He asked if the Commission felt it was worth ptlr9ping. , . ' . i ~ < " ., ~i .; L\ U The Commission did not feel it was necessary to pursue. "~I (I !: C. Repol.t on Dog Park Donation . -' ' Brown reported that the Commission had earmarked'~:~5"OOO m~tc:hing donation i'n'this years CIP. Seeing as though it had not been signed off on, nod,iq.(i iti gone 'before City Cbunci I, and the project had been slid back, Brown asked if the Commissiol1.w.ould like it to be continued to the 2007 CIP il'. 'it\ljL . n~'th, ~'L1-n\ ::mHHH;\t.. "\llh:;.",., While the Commission wished to move the ~~erri'to\t'1~):?.,9,07 CIP, thrylasked that an update from the park district be scheduled. 'j;!::;::;:':' ,;"",:: "i: ';::qH\lI P' Norman stated that the FqllJ:tidiatj0h.had already1iifsed about $3;400, noting that this too, would be carried over. . \ ii' i " ';;!i\~\;"I. 'i~:\; ).I11'j;, ,'1\1 D. Report on\~qopplA'iG~xden , \ i j ; \ 'j t \ :i tl, ~-1 ! -;: ; :',' \ .] \ l \\ \ 1 : ; i ' { ,.; .~' t 1 ' i I Brown reportedthatia:GirJ Scouttl'OOp had volLll1teered to care for the Park Plaza garden. In additiop~n~e noted thatt11~:Roundati'oh,b~d hired a contractor to come back and spruce up the plaza:tHI~!Wal1. Brown state~\i~at the Oi'b.H1as committed to $100 annual budget for plantings, and would coh$'j!q.~ra larger sumf,or an area this size. if the caretakers deem it necessary and share their plans. . '", ji,t ::1\:1':: ,'j' E. Stam~:onMghts at Badger Park 'l;l'l::;!-,1 Brown reported that t~c;(City Council authorized the bid process for Badger Park lighting and that staff has been working on putting a design together. Although the delay has extended the bid date at this time, Brown felt confident the project could still be completed this year. He commented that many were looking forward to the lighting improvements, as ongoing lighting issues continue this sporting season. "i ;H";; F. Status on Drinking Fountain at Freeman Park Brown stated that the drinking fountain is on order and would take an estimated 4-6 weeks at a cost of $4,000-5,000. PARK COMMISSION AGENDA WEDNESDA Y, SEPTEMBER 13,2006 PAGE 3 OF 5 G. Concession Stand Brown was pleased to repoli that Russ Withum, the current concessionaire, has approached the City and expressed his interest in continuing to run the concessions next year. He acknowledged that the City had received numerous positive comments about the service and the vendor. H. Manor Park Planting Project Brown stated that the project is on hold until winter when his design staff is freed up. At that time, Brown indicated that WSB would put together a design with ito be put out for bid on who would furnish and plant the design. ' A. American Legion Donation - Wat~f:fountain'in!i ii ! q:, ~L:;', ,:" I:' Brown stated that the American Legion had donated $1 :'OqPJpf projects at the Skat'e Park. At an estimated cost of $1 0,000-12,000, Brown explained that tl\eri~Hlas not been as much interest expressed for the installation for a watedountain at the Skate:Pa.rk and asked for the Commissions comment. Items 5 and 6 were taken in reverse order. 6. SKATE PARK Young stated that he felt installing a fountainf1.t the s~at~;p,arl<. would be begging for vandalism, especially in light of recent,x~\,\dalism there. ~riI.y: he felt'th~:Rddy Station fountain was somewhat warranted dueit6~fl\~j,MQ1Llme offolkswl10 frequent'Freeman, he did not feel there was :, t: ,,:! ; l " '. ~ .: a need for a fountain atlthe SkatEd~~rk. 1\, r!iiHIH\kHll \ i h" Ii' Norman agreed that this .J.)~~1~'1 q~em~!Y low pri01HiY, noting that there were many other items l.!,::\,.r, "'1:;\i'" 1 .. to focus on. ":,,,::.:' ,:; i ~, !: n't) I !dP" ' \\\-1H,-!' T~\,Iq~~ The rest;bf the Comm i'ss~d]ll conclii-red, . :1;\:1\::,,;,. .' B\iPi:;, Skate Park Ma,.,ndalisrh lqHL, "HH .' \ \ ; )~ " !,1 '{ Chair Davis asked.:if it was ppssible to remove the graffiti from the skate surfaces. Brown stated that it isextf~mely difficult to remove graffiti from the skating surfaces and the pieces of equipment would require all new sheeting. He indicated that the police had asked the city to allow some of the graffiti to remain, though photos had been taken, since the they are still in the process of prosecution. Brown noted that the youths would be facing felony charges and that the surfaces would be replaced when given the go ahead by police. Chair Davis questioned whether the damages would be covered by insurance. Brown stated that, typically, the coulis will give an indication as to whether they expect the families to provide restitution. PARK COMMISSION AGENDA WEDNESDA Y, SEPTEMBER 13,2006 PAGE 4 OF 5 5. WINTER COMMUNITY EVENT Young commended Norman on his well thought out outline of the winter event. Norman stated that he felt this would help lead into where the event may go. While the highest and best place would be Freeman, he suggested Badger due to the availability of lighting. Norman stated that, in time, the City could look at a vision of concurrent events running along the trails leading to neighboring communities. He asked whether the City was limited in the solicitations it could do amongst the business community. Brown stated that the Park Commission was allowed to solicit donatiQns~whereas, they might wish to consider suggesting people make a charitable contributioI1~((\he Park Foundation earmarking the money for the friends ofthe winter communit:);,~V~I1tJii!i; :"lH: ;qnI~J I Norman felt it would be good synergy to pull in the Park,fJ~~wdation, esp~41~!lY since the Foundation would like to obtain a broader lakes appeq.I:tl1emselves. He not~d!'~~N with the addition of Excelsior, and its strong connection to .~~4J~hamber"this could benefitlpl)~yvent as well. !-~\~q~n11LU~.. 'in:]};,' , . {ji' ~qij\l !\\~j:::; \ i';'-,l' , f Westerlund suggested the outline be updated to reflect Ex6~J~t~9,r'S participation and given to them for their review as well. Based on t~1~irexperience, she's~~g;~sted the City approach the Chamber to ask for their assistance. <\'1; ''it! Brown stated that, based on the timeline, JanUary wIIPbc)l\leyery quickly: he suggested the Commission assign a subcommittee to move tltis iWn1 forw:ltdlWith some authority. )i'! 11;IJ; l( i _Ii ;\;jji\! Westerlund moved, Norman sec6nded, to recommend that the Commission form a ",1.'.:) ._,'! ' subcommittee to worlt\p~:~he W~*~er Community:~vent and that this committee be given "i""I." ,..'1, the authority to move ah~~~,on,i\<.e,~,d.eFi~ions and \report back to the Commission its progress. MQtiqn J?~~sed 5/0:.;\\ i L .,,: I;,": 'I .1 I: \ \1 \ ,i ~ 1 j H! \H1H ~-;\\;: ;;;; '\ i!, ';\ Chair l):;,\.Yls stated thati0?(\J:~cil me~1f\~rT\lrgeon volunteered to assist on a committee. :fH1dhh'\j!!!L 'l!li\Y Norman, CI1~~r,~avis, and Tt~nt agreed to be pmt of the committee. in '\< II!; 7. MUSIC:OCNJHE P$K-SURVEY \ ,~ :; ;,!; Chair Davis stated tl~at~H~'thoroughly enjoyed the last event at the Music in the Park series, though it was not we II. attended. Brown stated that he felt the series provided a cross generational and cultural appeal all season this year. Chair Davis stated that she spoke to the wife of Big Walter and this gal had suggested the City consider paltnering with Famous Dave's rib truck for next season. She indicated that this partnership had boosted attendance tremendously in other communities, for example, in Bloomington the attendance skyrocketed from 150 to about 700 for the event. As a great community event, the concessionaire also benefited by selling beverages and everyone had a grand time. PARK COMMISSION AGENDA WEDNESDA Y, SEPTEMBER 13,2006 PAGE50F5 Chair Davis suggested that staff book Big Walter for next season and begin to investigate this partnership with Famous Dave's for a Blues and Barbeque event. Brown indicated that this would be a phenomenal way to grow the event and stated that he would have staff begin to investigate the possibilities. With the intent to build a stronger program within the community, the Commission discussed the Music in the Park Series Survey and made several modifications to the form to be distributed in coming newsletters. Chair Davis encouraged the Commission to focus on promoting two vel)' successfu I music events and additional children's programs. "',;", A suggestion was made that a blurb be added at the top about wh)) Hi~city is doing this survey about Music in the Parks. 'i:\ Brown stated that an introduction and contact inf6i.\-rt'JtHm of h~Wito return the suiy:~y(would be added to the survey and that they would likely offer an!dlt~~~~\e;~titve;y' as well. ,i' .'unw:. 8. DETERMINE LIAISON FOR SEPTEMBER 25 CITY COUNCIL MEETING H-~l]_L, q-jn , -( : ': ' " ~ _; ; ; ; ~ ' _ . -: ! ' :'.:: _ ~ . 1 Chair Davis volunteered to act as liaison for:rhe'Se.~tymper 25, 200~dC;oL1ncil meeting. , ' ! ; " ~ : : ; ; : : { : Norman suggested that an online survey be offered as:well. 9. ADJOURN ;!. , ; ~ ,\iP :,~';P : Young moved, Trent!~~~onded}'~~journing the;Park Commission Meeting of September 13, 2006, at 8:33 p.m. MdHqn,passed;S/O. ' RESPECTFU:l-:pX ~,UBMrf';rED, ,\ ~:,,}'; ~ ' : . , : . . .; ,-'"., :;{i " ~ I ) \ . Kristi ;13,1' Anderson Recoid'i#~i~ecretary ';:1,-, "':l"\':', -S-E-C-O-N-D--D-R-A-F- T- CHAPTER 1005 OUTDOOR WOOD-BURNING FURNACES Section 1005.01 Purpose 1005.02 Definitions 1005.03 Pennit required 1005.04 Minimum standards 1005.05 Existing fumaces 1005.06 Penalties 1005.01 PURPOSE. It is generally recognized the types of fuel used, and the scale and duration of buming by outdoor wood-buming furnaces, creates noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enj oyment of their property or premises. Therefore, with the adoption of this ordinance, it is the intention of the City of Shorewood to establish and impose restrictions upon the construction, installation and operation of outdoor wood-buming fumaces within the city limits of Shorewood for the purpose of securing and promoting the public health, safety and general welfare of the city and its inhabitants. 1005.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. OUTDOOR WOOD-BURNING FURNACE. Any contrivance, apparatus, or any pmi thereof, that is installed, affixed or situated out-of-doors for the primary purpose of the combustion of wood, from which heat or energy is derived and intended to be directed therefrom by conduit or other mechanism into any interior space for the supply of heat or energy. 1005.03 PERMIT REQUIRED. No person shall construct, install, use or operate an outdoor wood-buming fumace in Shorewood without first having obtained a building pennit from the Shorewood Building Official. 1005.04 MINIMUM STANDARDS. Subd. 1. Installation. All outdoor wood-buming furnaces shall have an approved listing by Underwriter's Laboratories (UL), shall be installed according to :It Subd. 2. Subd. 3. Subd. 4. Subd. 5. Subd. 6. the manufacturer's installation instructions, and shall comply with emission standards promulgated by the Environmental Protection Agency (EP A) and the Minnesota Pollution Control Agency (MPCA). Minimum lot size. No outdoor wood-burning furnace shall be located on propeliy smaller than three acres in land area. Minimum setback. Outdoor wood-bul11ing fUl11aces shall be located at least 200 feet from any property line. Chimney height. The outdoor wood-bul11ing furnace shall have a chimney that extends at least 20 feet above the surface of the ground and two feet above the ridgeline of any dwelling within 500 feet of the furnace. In no case shall the chimney be higher than 40 feet. The chimney shall be constructed and sUPPOlied so as to withstand high wind speeds. Months of operation. No outdoor wood-bul11ing fUl11ace shall be operated between 1 June and 30 September. Survey requirement. To obtain a building pennit for an outdoor wood- burning ful11ace, the owner must provide a survey, prepared by a registered land surveyor, showing the location and ridge line heights of all buildings within 500 feet of the proposed location of the fUl11ace. 1005.05 EXISTING FURNACES. Outdoor wood-bul11ing fUl11aces that were legally installed prior to the adoption of this Ordinance shall comply at minimum with the installation requirements set forth in Section 1005.04 Subd. 1. of this Chapter and the months of operation standard set forth in Section 1005.04 Subd. 5 of this Chapter. 1005.06 PENALTIES. Failure to comply with any of the provisions of this chapter shall be a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 14 August 2006 RE: Smoke - Outdoor Wood-burning Furnaces FILE NO. Building Regulations (Title 1000) Based on information submitted for the 1 August Planning Commission meeting, the consensus of the Commission was that outdoor wood-burning furnaces (OWFs) were not appropriate for a suburban community such as Shorewood. Based on direction from the Commission, staff has reviewed a number of ordinances from various governmental agencies that have dealt with this issue, samples of which ordinances are attached for your review. One of the issues raised by staff was whether the City's regulation ofOWFs should be an outright ban, or whether an ordinance should be crafted with standards set high enough to effectively preclude the installation of new furnaces. This question was referred to the City Attorney, who strongly recommends the second approach. His opinion is that technically allowing OWFs, even with a very high bar, is much easier to defend than an outright ban. This was borne out in our research. While there were a couple of governmental units that simply ban the furnaces, the vast majority of agencies regulating them, adopted strict standards relative to location, distance from adjacent properties, chimney height and so forth. Based upon our findings, staff recommends the following: A. Purpose. Every ordinance should begin with a strong purpose statement. The following language is taken from the Canton, NY ordinance (part of Exhibit A): "It is generally recognized the types of fuel used, and the scale and duration of burning by outdoor wood-burning furnaces, creates noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises. #t. t ~ PRINTED ON RECYCLED PAPER ...., Memorandum Re: Smoke - Outdoor Wood-burning Furnaces 14 September 2006 Therefore, with the adoption of this ordinance, it is the intention of the City of Shorewood to establish and impose restrictions upon the construction and operation of outdoor wood-burning furnaces within the city limits of Shorewood for the purpose of securing and promoting the public health, safety and general welfare of the City and its inhabitants." B. Definition. "Any contrivance, apparatus, or any part thereof, that is installed, affixed or situated out-of-doors for the primary purpose of the combustion of wood, from which heat or energy is derived and intended to be directed there from by conduit or other mechanism into any interior space for the supply of heat or energy. C. Standards. The following is a list of standards that are fairly common to codes we researched (dimensions are staff recommendations): 1. Minimum lot size: 3 acres 2. Setback from nearest property line: 200 feet 3. Chimney height: 2 feet above the ridgeline of homes within 500 feet, but not higher than 50 feet 4. Months of operation: 1 September to 31 May. 5. Survey requirement: Registered land surveyor must show location and ridgeline heights of all buildings within 500 feet of furnace. 6. Existing OWFs: This requires a policy decision. Many of the codes we studied "grandfathered in" existing stoves, subject to some attempt to comply with standards (e.g. chimney height). Others required the existing furnaces to be brought into compliance with the new rules within a specified period of time. 7. Code section: The City Attorney and I agree that the new code regulating OWFs should be placed in Title 1000, Building Regulations. Ifthe above recommendations are agreeable to the Planning Commission, staff will incorporate them into a formal code amendment and schedule a public hearing to consider the amendment on 5 September. Cc: Craig Dawson Tim Keane Joe Pazandak -2- General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 1 of 14 Add this Rage to your favorites! Return to index ~ ",,,.,~21~""~ _">-< "',,:! _'-" ,,__j.V' ~,r",<''''';.~,},,<;;:;,'.~.c l'~,,--~ _l.",~, _J"~~~'",,,_1i, ,--- """:-'i' -<>" ,,' ""1; \~"z-->\~- ,..~<, Of... v_~ -;-"""'~. ~ ";"~~IF"~Eif1E~ :, :~: 'E ~1:' ;.E':"lf' ~,'~i,",';. 'f3 'z[:f';'}jT?m' " '';:1f.' Tff::iij,:::~';'Ii:t';:''''lr~ 2'(jc, R ~~i :~c"'e~!, ,:. <I' fy, ;:' ': ,:~, ,""~ :-"', :c~~':1" ~~i;, ~>a~~~;' ]:~<:~:'i;fi~~l1}';~' ,:",;"";~"1;,c~:".',:'-F' -~_~~o ,_ ",'- :~~"{ \,,~j -7?~~Lic:~'~, ,,4::t,; :~::L~~'::~' I Home I About General Code I Products & Services I Site Index I utdoor Furnaces ~._------+-~"---~--~~_..~-----~--~---~~----~-~"'--~._.-'~-"'---'-'~"-'-----~------~-----~-'~-~._--"'--"--~----""-----"~~--"._--~--'_._' Exhibit A GENERAL CODE - SAMPLE ORDINANCES General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 2 of 14 "T_~___~'m__,~__,_'______T~_'____"____"~_ _,,_~.__._.._____,.,__...__._.____~_____~__~_....____.___~_'J___~__~_'_''"'___'"__'"____'_______ .__.~_._."___,_.~__.W'~'__~_<_' of Canton, NY Return to menu Chapter 221, Nuisances ARTICLE IV Outdoor Woodburning Furnaces [Added 12-15-2003 by L.L. No. 11-2003] S 221-18. Authority; enforcement. A. This article is adopted pursuant to the authority of Article 2, S 10 of the New York State Municipal Home Rule Law, and Article 4, S 4-412 ofthe New York State Village Law. B. The Village of Canton Code Enforcement Officer, or any other person who may hereafter be designated by resolution of the Village Board of Trustees, is hereby authorized in the name and on behalf of the Village of Canton to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this article. S 221-19. Purpose. It is generally recognized that the types of fuel used, and the scale and duration of burning by outdoor woodbul11ing fUl11aces, creates noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment oftheir property or premises. Therefore, with the adoption of this article, it is the intention of the Village of Canton Board of Trustees to establish and impose restrictions upon the construction and operation of outdoor woodbul11ing fUl11aces within the limits of the Village for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Village and its inhabitants. S 221-20. Definitions. As used in this article, the following terms shall have the meanings indicated: OUTDOOR WOODBURNING FURNACE -- An accessory structure, designed and intended, through the burning of wood, for the purpose of heating the principal structure or any other site, building, or structure on the premises. VIOLATOR OR ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE-- Any person who owns or occupies the property at the time the outdoor woodburning furnace has been installed and/or operated. S 221-21. Construction and operation prohibited. http://www.generalcode.com/Samples/06Spr_1.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 3 of 14 The construction and operation of outdoor woodburning furnaces are hereby prohibited within the Village of Canton. S 221-22. Penalties for offenses. A. Any person who shall violate any provision of this article shall be guilty of a violation as defined in Article 10 of the New York State Penal Law, and shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and distinct offense. B. Compliance with this article may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this article shall also be subject to a civil penalty of not more than $500, to be recovered by the Village in a civil action. Each week's continued violation shall be, for this purpose, a separate and distinct violation. C. In the event the Village is required to take legal action to enforce this article, the violator will be responsible for any and all necessary costs incurred by the Village relative thereto, including attorney's fees, and such amount shall be determined and assessed by the court. If such expense is not paid in full within 30 days from the date it is determined and assessed by the Court, such expense shall be charged to the property so affected by including such expense in the next annual Village tax levy against the property S 221-23. Nonconforming uses. A. Except as hereinafter provided, the lawful use of any outdoor woodburning furnace existing at the time of the adoption of this article may be continued, although such use does not conform with the provisions of this article. B. No outdoor woodburning furnace existing at the time of the adoption of this article shall thereafter be extended or enlarged. C. Any existing outdoor woodburning furnace which is abandoned or discontinued for a period of seven consecutive months shall not be pennitted to be reestablished as a nonconforming use, and must be immediately removed by the property owner from the subject premises. (1) If the property owner fails to remove the outdoorwoodburning furnace by the end of said seven-consecutive-month period, the Village of Canton Code Enforcement Officer shall give written notice by certified mail or personal service to the owner of the property upon which the outdoor woodburning furnace is located. Such notice shall provide that said owner shall remove the outdoor woodburning furnace within 15 days of the date the notice is either postmarked or personally http://www.generalcode.com/Samples/06Spr_l.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 4 of 14 served upon the owner. (2) Should the outdoor woodburning furnace not be removed within the time specified, the Code Enforcement Officer shall take reasonable steps to effect its removal. (3) The costs incurred by the Village to effect said removal (including any attorneys fees incurred by the Village to effect the removal), plus an amount equal to 50% of said costs of removal, shall be charged to the owner of said premises. Said expense shall be paid by the owner of the property so affected within 30 days from the date said costs are presented to the owner. If said expense is not paid within said thirty-day time frame, then said expense shall be charged to the property so affected by including such expense in the next annual Village tax levy against the property. D. No existing outdoor woodburning furnace which has been damaged by any reason to the extent of more than 75% of its assessed value for Village of Canton tax purposes shall be repaired or rebuilt. -------------~--~-,-_._~"'-'"..~~"~---_._.--~..-.._~~----_.~-----~,,,~------"-,_._"--"---_.__.-.----'~-_. Town of Queensbury, NY Return to top menu Chapter 119, OUTDOOR FURNACES [HISTORY: Adopted by the of the Town Board of the Town of Queensbury 5-17-2004 by L.L. No. 4-2004. Amendments noted where applicable.] ~ 119-1. Title; statutory authority. A. This chapter shall be known as the "Town of Queensbury Outdoor Furnace Local Law." B. It is adopted pursuant to Municipal Home Rule Law, 9 10. ~ 119-2. Legislative intent. Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, patticularly the production of offensive odors and potential health effects of uncontrolled emissions. This chapter is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general . welfare of the residents of the Town. ~ 119-3. Definitions. As used in this chapter, the following tenns shall have the meanings indicated: http://www.generalcode.com/Samples/06Spr_1.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 5 of 14 FIREWOOD -- Trunks and branches of trees and bushes, but does not include leaves, needles, vines or blUSh smaller than three inches in diameter. OUTDOOR FURNACE -- Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a healing system providing heat for any interior space. UNTREATED LUMBER -- Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance. 9 119-4. Permit required. No person shall cause, allow or maintain the use of an outdoor fumace within the Town of Queensbury without first having obtained a permit from the Town Fire Marshal. Application for pern1it shall be made to the Fire Marshal on the forms provided. 9 119-5. Existing outdoor furnaces. Any outdoor fumace in existence on the effective date of this chapter shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Fire Marshal within one year of such effective date; provided, however, that upon the effective date of this chapter all the provisions hereof, except 9 119-6B, C and D, shall immediately apply to existing outdoor furnaces. All of the provisions ofthis chapter shall continue to apply to existing outdoor furnaces which receive pem1its except 9 119-6B, C and D. If the owner of an existing outdoor furnace does not receive a permit within one year of the effective date of this chapter, the outdoor furnace shall be removed. "Existing" or "in existence" means that the outdoor fumace is in place on the site. 9 119-6. Specific requirements. A. Permitted fuel. Only firewood and untreated lumber are permitted to be bumed in any outdoor furnace. Buming of any and all other materials in an outdoor fumace is prohibited. B. Permitted zones. Outdoor fumaces shall be pennitted only in the LC-10A, LC- 42A, RR-3A and RR-5A Zoning Districts as shown on the Town's Zoning Map. C. Minimum lot size. Outdoor furnaces shall be permitted only on lots of three acres or more. D. Setbacks. Outdoor furnaces shall be set back not less than 200 feet from the nearest lot line. E. Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31. http://www.generalcode.com/Samples/06Spr_l.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 6 of 14 F. Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors. S 119-7. Suspension of permit. A. A permit issued pursuant to this chapter may be suspended as the Fire Marshal may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Queensbury if any of the following conditions occurs: (1) Emissions from the outdoor furnace exhibit greater than 20% opacity (six minute average), except for one continuous six-minute period per hour of not more than 27% opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b); (2) Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located; (3) The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property; (4) The emissions from the outdoor furnace cause damage to vegetation or property; or (5) The emissions from the outdoor furnace are or may be harmful to human or animal health. B. A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter subject to the penalties provided in S 119-9 hereof. S 119-8. Waivers. Where the Town Board of Health finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of this chapter or of jeopardizing the health, safety or welfare of the public. In varying any regulations, the Board of Health may impose such conditions and requirements as it deems reasonable and prudent. The Board of Health may, at its discretion, hold a public hearing as part of its review. If the Board of Health grants the waiver, a permit shall be issued for the outdoor furnace. rfthe Board of Health denies the waiver, the outdoor furnace must either be brought into compliance with this chapter or removed. rfthe Board of Health does not take any action with respect to the waiver within 60 days from its receipt of an application for waiver, the waiver shall be deemed denied. S 119-9. Penalties for offenses. http://www.generalcode.com/Samples/06Spr_l.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 7 of 14 Failure to comply with any of the provisions of this chapter shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than $500 or imprisonment for a period of not more than 10 days, or both, for the first offense. Any subsequent offense shall be punishable by a fine of not more than $1,000 or imprisonment for a period of not more than 30 days, or both. In addition, any permit issued pursuant to this chapter shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another pennit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this chapter. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace is located until paid. ~ 119-10. Effect on other regulations. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation, Adirondack Park Agency, Lake George Park Commission or any other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this chapter and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail. Town of Brownvilie, NY Return to top menu Chapter 88 FURNACES, OUTDOOR [HISTORY: Adopted by the Town Board of the Town ofBrownville 10-5-2005 by L.L. No. 4- 2005. Amendments noted where applicable.] ~ 88-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: OUTDOOR FURNACE - A self-contained unit designed to provide heating to a building or structure, which unit is located outside of that building or structure. ~ 88-2. Location and use restrictions. A. With respect to any outdoor furnaces installed, such outdoor furnaces must be set back a minimum of 50 feet from any property line. B. The use of such furnaces must follow all operating instructions supplied by the manufacturer. http://www.generalcode.com/Samples/06Spr_l.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 8 of 14 C. The only fuels allowed shall be those listed fuels recommended by the manufacturer. The following are prohibited: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products and cardboard. D. Users must follow the manufacturer's written instructions for recommended loading times and amounts. E. Lighter fluids, gasoline or chemicals to start the furnace are prohibited. F. The unit must be located with due consideration to the prevailing wind direction. G. Stack location. (1) If located 50 feet or less to any residence not served by the furnace, the stack must be at least two feet higher than the eave line of that residence. (2) If located more than 50 feet but no more than 100 feet to any residence not served by the furnace, the stack must be at least 75% of the height of the eave line of that residence, plus an additional five feet. (3) Iflocated more than 100 feet but no more than 150 feet to any residence not served by the furnace, the stack must be at least 50% of the eave line of that residence, plus an additional five feet. (4) Iflocated more than 150 feet but no more than 200 feet to any residence not served by the furnace, the stack must be at least 25% of the height of the eave line of that residence, plus an additional five feet. S 88-3. Compliance with other regulations. Any outdoor furnace must also comply with any other county, state or federal guidelines for the same. S 88-4. Seasonal use. Outdoor furnaces may only be used from September 1 to May 31 each year, unless the furnace is being used to provide domestic water service. S 88-5. Permit required; fee. Any resident wishing to install an outdoor furnace must secure a permit from the Code Enforcement Officer of the Town of Brownville and a copy of the regulations from the Town of Brownville. The permit fees will be established from time to time by the Town Board which will be in the minimum amount of $25 per unit. http://www.generalcode.com/Samples/06Spr _1.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 9 of 14 ~ 88-6. Penalties for offenses. Any violation of this chapter shall be considered a violation within the meaning of the Penal Law of the State of New York and shall subject the owner of the property on which the outdoor furnace is located to a fine of not less than $100 and no more than $250 for each violation and/or 15 days in jail, or both. Each week that such violation shall continue shall be considered a separate violation. ~ 88-7. Complaints. Any resident who has secured a permit to install an outdoor furnace in doing so will also be agreeing to allow the Town Code Enforcement Officer or any other person designated by the Town to inspect the outdoor furnace if a complaint is filed in writing relative to a violation of this chapter. City of Gillett, WI Return to top menu Chapter 15 NUISANCES ~ 15-12. Outdoor solid fuel heating devices. [Added 11-4-2004 by Ord. No. 2004-21] A. Definitions. As used in this section, the following terms shall have the meanings indicated: SOLID FUEL HEATING DEVICE - An outdoor device or structure designed for solid fuel combustion and for the purpose of providing indoor heat, including but not limited to combination fuel furnaces or boilers which burn solid fuel. ST ACK or CHIMNEY - Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating device or structure, including that part of the structure extending above a roof. B. Allowed materials to bum. Only the following materials may be burned in the outdoor solid fuel heating devices: brush, personal papers, pellets, and clean, unpainted wood products. C. Building permit required prior to installation. No outdoor solid fuel heating device shall be erected within a fifty-foot radius of the property lines. D. Public nuisance. All solid fuel fired heating devices without a stack or chimney extending four feet above the highest point of any structure within a fifty-foot radius of the heating device and a minimum of 17 feet in height measured from the ground at and on which the device is located shall be considered a public nuisance within the City of Gillett and are banned. http://www.generalcode.com/Samples/06Spr_l.html 8/14/2006 General Code: outdoor fumaces; codifiers;municipal codification;ordinance codification Page 10 of 14 ---,~-_.._~..,,~".--_._~-~~~-""-~''''-->-~--- _._-,...~_.~_.._,,-----,-,._..,-~-_.^.._-..~,-~-._.__.--~---_.__. -"~,,_._--~---~----"--,~~-'-~"~--------' Village of South Glens FaUs, NY Return to top menu Chapter 75 FURNACES [HISTORY: Adopted by the Board of Tmstees of the Village of South Glens Falls as indicated in article histories. Amendments noted where applicable.] ARTICLE I Installations of External Fuel-Burning Devices and External Heating Devices Designed to Provide Internal Heat or Energy [Adopted 12-3-2003 by L.L. No. 5-2003] ~ 75-1. Purpose and scope. A. Residences and commercial establishments situated within the municipality are entitled to clean air and environmental circumstances free of unreasonable dust, obnoxious odors, noxious fumes and smells, as well as an environment free of stored debris and storage of combustible fuels in adjacent or exposed exterior areas within densely populated areas. B. This regulation shall provide for the requirements and limitations of the installation of any exterior fumace or exterior buming device, the primary purpose of which is to convert combustible fuel into a heat or energy source for interior spaces. ~ 75-2. Definitions. As used in this article, the following tem1S shall have the meanings indicated: EXTERIOR FURNACE -- Any device, contrivance or apparatus or any part thereof which is installed, affixed or situated out-of-doors for the primary purpose of the combustion of fuel from which heat or energy is derived and intended to be directed there from by conduit or other mechanism into any interior space for the supply of heat or energy. FURNACE DEVICE, EXTERIOR -- Any contrivance, apparatus or part thereof, including a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust conduit and like devices used for the burning of combustible fuels for the creation of heat or energy from an exterior location into an interior location. ~ 75-3. Permitted locations; installation standards; fuel limitations. A. No exterior furnace or fumace device, exterior shall be situated in any exterior location for the purpose of the combustion of any fuel for the creation of heat or http://www.generalcode.com/Samples/06Spr_1.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 11 of 14 energy into any interior space and no such system or component part thereof shall be pennitted to be operated in any zone within the municipality except the M-l Industrial Zone. B. Standards for the installation of any exterior furnace or furnace device, exterior, in addition to any manufacturer's recommended installation requirements, shall also require the following: (1) Installation upon a nominal six-inch thick permanent, reinforced cement pad in such dimension so as to allow a minimum of six inches of exposed surface area along the perimeter of the pad. (2) Installation of a smokestack to a minimum height exceeding four feet in elevation and higher than any adjacent structure, building or wall that is within 50 feet of the location of the exterior furnace. The location of the exterior furnace must comply with all setback regulations from all property lines and comply with all separation distances from other structures on the premises as may be imposed by the Zoning Code of the Village of South Glens Falls and the Building Code of the State of New York. (3) Installation of any electrical or plumbing apparatus or device used in connection with the operation of an exterior furnace shall be in conformity with all applicable electrical and plumbing codes and, in the absence of such code, in conformity with the manufacturer's installation specifications. (4) Any exterior furnace or furnace device, exterior, installation abutting premises in residential use shall maintain a setback greater than 200 feet distant from the residential use property line. C. Fuel substances permitted for combustion in an exterior furnace installation shall be limited to the following: (1) Natural gas, propane, home heating oil, coal and wood. D. Fuel substances prohibited for combustion in an exterior furnace installation shall include the following: (1) Industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statute. E. No exterior furnace shall be utilized in any manner as a waste incinerator. ~ 75-4. Requirements of installation and maintenance. http://www.generalcode.com/Samples/06Spr_l.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 12 of 14 To the fullest extent required by federal or state statutes, rules, regulations and in accordance with the manufacturer's specifications, the installation, maintenance and use of any exterior furnace or furnace device, exterior, as herein defined, shall be installed, maintained and generated in conformity therewith. S 75-5. Nonapplicability to interior systems. This chapter shall in no way be construed nor is the same intended to prohibit the installation, operation or use of exteIior chimneys, stove pipes or similar contrivances that are otherwise in conformity with other federal or state laws, rules or regulations constituting any part of any inteIior furnace system or interior stove system or operation, or any system that provides the exhaust of waste heat, smoke or similar substances from interior spaces. S 75-6. Penalties for offenses. A. Any person or entity illegally installing, maintaining or operating a device or apparatus regulated by this chapter shall, upon being found guilty of such offense, be liable for a monetary fine not to exceed $500, and, in addition thereto, the imposition of a fifteen-day sentence of incarceration, or both. B. Any person or entity found in violation of the provisions of this article shall, in addition to any fine or imprisonment imposed, be liable to the municipality for any costs of any civil proceedings that may be brought by the municipality against the offender with respect to removal of the conditions of violation thereof, plus actual disbursements and reasonable attorneys fees incurred by the municipality in such action. ~,....,~.=~_~~_"^~_^~"=~_~__~_=~~.<~_r_~~'~=~~'~~"~=~_~~_~~~~,,~~=,=,.~~.~".~~~~"~_r_~>~.~,"==~'_~_'~__""~~,~~_"c"~~=~_~=~_~~~~,~_,~'~'_~~~_~~_' Village of Osceola, WI Return to top menu S 160-5M. OUTDOOR SOLID FUEL HEATING DEVICES. a) Use prohibited. Outdoor solid fuel heating devices are prohibited and shall not be installed or operated within the Village of Osceola. b) All solid fuel units installed within the Village limits at the time of adoption of the ordinance are required to meet emission standards currently required by the Environmental Protection Agency (EP A). Emission standards currently required by the EP A are hereby adopted by reference together with any amendments or modifications made to them in the future. c) The minimum stack height for any solid fuel-fired heating device shall meet or exceed the manufacturers guidelines. d) Any existing noncomplying stack shall be removed, replaced or modified within a period of 60 days from the receipt of a notice generated from the Building Inspector. e) All stacks or chimneys must be so constructed to withstand high winds or other related http://www.generalcode.com/Samples/06Spr_1.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 13 of 14 elements. f) Definitions. OUTDOOR SOLID FUEL HEATING DEVICE - A device, structure or apparatus which supplies direct or indirect heat from the buming of solid fuel, including but not limited to wood, to a building. STACKS OR CHIMNEYS - Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating devices; especially that part of such structures extending above a roof. ~----_.._._~_._"'-----_.__._-._-_._-~-'------------~'---"~~----<<-'--""'-'-~'-'-'--'--~------ Return to menu For more samples on these or any other topics, please contact our Samples Department Discover the General Code Advantage! - or view our archive paqe with samples featured in previous issues of the Decoder newsletter now available on-line! Read information about our other ~roducts and services. ------------ I Add this page to your favorites! ~."~..~~.=_~_~.~~~.===~n_._:'=_',~~_~~~=,~,~~,O~~=.~'~__'~_r=~~"~m.~~~M~~_~_~,.~~_,~~__=~~~,'~.~7~~_~=~--~"-~_=,~_~~~_=~~~~r_~~~,~_,.~~~~_~r~~"~_~.~_~_'~' Home Products & Services E-Codes About General Code Customer Service Laserfiche@ Software Conferences Ordinance Codification Related Links Sales Representatives GIS Integration Contact U~ Solutions .Enter To Win! Document Management What's Hot! General Store Site Index SamRle Legislation I nl Inl Inl I In http://www.generalcode.com/Samples/06Spr_1.html 8/14/2006 General Code: outdoor furnaces; codifiers;municipal codification;ordinance codification Page 14 of 14 GENERAl. (t{IJ 1)_ 72 Hinchey Road Rochester, NY 14624 (800) 836-8834 mail@qeneralcode.com What/Do You Think? LllfQ@generalcode.com Tell us what you think fl In Remembrance ~ September 11, 2001 _.--~--_.~--~-~-_..._-~.^"~-----~~--~----~-,.~--~----~------_._-~-_._----~-~~~.---~"~._~-~-~--_.._._-~~~'->-~ @2006 General Code Publishers Corp. All Rights Reserved. http://www.generalcode.com/Samples/06Spr_l.html 8/14/2006 8.5. The owner of the bum barrel shall obtain an annual permit from the Fire Chief in accordance with Section 12 of tlus ordinance. SECTION 9: OUTDOOR WOOD-FIRED FURNACES 9.00 Outdoor wood-fired furnaces. ..~.~'~1 An outdoor wood-fired furnace may be installed and used in the rPU:ki}ilit: county. city. villa2,e or townl of rnamel only in accordance with the following provisions: 9.1. The outdoor wood-fired furnace shall be installed and used in an area zoned for use. 9.2. furnace shall not used to burn any of the prohibited materials listed in Section 6 of this ordinance. 9.3. The outdoor wood-fired furnace shall be located at least finsert a distance appropriate for the municipalitvl from the nearest building which is not on the same ro as the outdoor wood-fired furnace. ?ifioo~~W:lp'{,jif{iffliiffti'Hl$tdtrfJ{i;Y&i1fJH'ii&230iJ7!:el\'5(j' Ji$'tltlfjiJiTJi~i'if{ttbfjiiiJto ;f'flbstiiJi mifllfittiJ'fjjst1:Jncelf{cllcl!j 9.4. The outdoor wood-fired furnace shall have a chimney that extends at least finsert a minimum ~~~7~~~~~~;'~i~~..~~1l,~~,~:!~~~;...,?~.~~;~..,~~,~X..~~sidences within finsert a specified distancel fA distclncesucn.asi500feidorweaterisrecommended),_the chimney shall also extend at least as high above the ground surface as tlle height of the roofs of all such residences._ The Fire Chief may approve a lesser height on a case-by-case basis if necessary to comply witllmanufacturer's recommendations and if the smoke from the lower chimney does not create a musance for I1e~B!l~ors. minim .$011. 9.5. The owner of the outdoor wood-fired furnace shall obtain an annual pemut from the Fire Chief in accordance with Section 12 of this ordinance if tlle furnace is located within insert a s ecified 7 Exhibit B WISCONSIN DNR - MODEL ORDINANCE Local Law Filing Page 1 of 3 Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. OHtBt) Eity of CHAMPION Town Village. Local Law No. 5 of the year 2005 A local law A Local Law Concerning Outdoor Wood-Burning Furnace Be it enacted by Town Board (Name of Legislative Body) of the Count) 6ty of Town of Champion as follows: Town YillAge. Section 1. Title and Authority. This local law shall be known as the "Town of Champion Outdoor Wood-Burning Furnace Local Law". It is adopted pursuant to the authority of Article 2 and 3 of Municipal Home Rule Law. Section 2. Purpose. Although outdoor wood-burning furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This local law is intended to ensure that outdoor wood-burning furnaces are utilized in a mamler that does not create a nuisance and is not detrimental to the health, safety and general welfare of town residents. Section 3. Definitions. As used in this local law, the following terms shall have the meanings as indicated: Front Lot Line - The street or road right-of-way line. If a lot adjoins two (2) or more streets or roads, it shall be deemed to have a front lot line respectively on each. Outdoor Wood-burning Furnace - Any equipment, device or apparatus which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat to a principal residential structure or any other site structure on the residential premises. Section 4. Permit Required. No person shall cause, allow or maintain the use of an outdoor wood-burning furnace within the Town of Champion without fIrst having obtained a zoning permit from the zoning officer. Application for permit shall be made to the zoning officer on forms provided. Fees collected with regard to these permits shall be set by resolution of the Town Board. Section 5. Existing Outdoor Wood-burning Furnaces. Any outdoor wood-burning furnace in existence on the effective date of this local law shall be permitted to remain, provided that the owner applies for and receives a permit from the zoning officer within one year of such effective date, provided, however, that upon the effective date of this local law all the provisions hereof, http://www.racog.org/Champion/Town%20Board/OutdooflIo20Furnac Exhibit C CHAMPION, NY - LOCAL LAW ~'lLIN G Local Law Filing Page 2 of3 excem Section 6.3 shall immediately apply to existing outdoor wood-burning furnaces. If the owner of an existing outdoor wood- burning furnace does not receive a permit within one year of the effective date of this local law , the outdoor furnace shall be removed. Section 6. Specific Requirements. All outdoor wood-burning furnaces shall comply with the following rules and regulations: 1. Installation. All outdoor wood-burning furnaces shall be installed, operated and maintained per the manufacturer's instructions. 2. Permitted Fuel. Only firewood, untreated lumber, fossil fuels and com are permitted to be burned in any outdoor wood- burning furnace. Burning of any and all other materials is prohibited. No outdoor wood-burning furnace shall be utilized as a waste incinerator. 3. Setbacks. Outdoor wood-burning furnaces shall follow the minimum setbacks of the applicable zoning district 4. Chimney Height. The chimney height of any furnace located 50 feet or less to any residence not served by the furnace shall be at least 2 feet higher than the eave line of the unserved residence; the chinmey height of any furnace located more than 50 feet but no more than 100 feet to any residence not served by the furnace shall be at least 75% of the height ofthe eave line of the unserved residence, plus an additiona12 feet; the chimney height of any furnace located more than 100 feet but no more than 150 feet to any residence not served by the furnace shall be at least 50% of the height of the eave line of that residence, plus an additional 2 feet; the chimney height of any furnace located more than 150 feet but no more than 200 feet to any residence not served by the furnace shall be at least 25% of the height of the eave line of the unserved residence, plus an additional 2 feet. The chimney height of any furnace located more than 200 feet from any residence not served by the furnace shall be a minimum of 8 feet. 5. Replacements. If an outdoor wood-burning furnace is replaced or upgraded, a permit shall be required pursuant to Section 4 of this local law and shall comply with all sections of this local law. Section 7. Appeals. Appeals from any actions, decisions, or rulings of the zoning officer or for a variance from the strict application of the specific requirements in Section 6 of this local law may be made to the RACOG Cooperative Zoning Board of Appeals. Requests for all appeals shall be made in writing to the Zoning Board of Appeals not later than 30 days of the act, decision, or ruling from which relief is sought. 1. Appeals Fees. Appeals fees shall be established by Town Board resolution. 2. Public Hearing. Within 62 days after receiving the written request, the Zoning Board of Appeals shall hold a public hearing on the appeal, with prior notice published in a newspaper of general circulation in the town at least ten days before the date of the hearing and specifying the date, place, time, and purpose of the hearing. 3. Decision of Zoning Board of Appeals. Within 62 days of the final adjournment of a public hearing, the Zoning Board of Appeals shall affirm, modify, or deny the action, decision, or ruling of the zoning officer or correct any omission by him, or approve, approve with conditions, or disapprove the application. The decision of the Zoning Board of Appeals shall be in writing and shall contain findings and the factual basis for each finding from the record of the hearing, which shall support the decision of the Zoning Board of Appeals. As part of any decision, the Zoning Board of Appeals shall direct the zoning officer to issue any appropriate permit in conformity with its ruling and shall state a time by which such permit shall be issued, in conformity with this local law. 4. Criteria for Variances. In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighted against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such detennination the board shall also consider: a. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the varia~ce; b. whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; c. whether the requested variance is substantial; d. whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood; and e. whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the variance. Section 8. Violations and Penalties. Any person who shall violate any provision of this local law shall be guilty of a violation as http://www.racog.org/ChampionlTown%20Board/OutdoofJi020Furnace%20Law.htm 8/14/2006 Local Law Filing Page 3 of3 defined in Article 10 of the Penal Law and shall upon conviction be subject to a fine of not more than $250 dollars or to imprisonment for not more than 15 days or both such fine and imprisonment. Each week's continued violation shall constitute a separate and distinct offense. Section 9. Civil Proceedings. Compliance with this law may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction. Any person who violates any provision of this law shall also be subject to a civil penalty of not more than five hundred dollars, to be recovered by the Town of Champion in a civil action and each week's continued violation shall be for this purpose a separate and distinct violation. In the event the Town of Champion is required to take legal action to enforce this local law, the violator will be responsible for any and all necessary costs relative thereto, including attorneys' fees, and such expense shall be charged to the property so affected by including such expense in the next annual tax levy against the property. Section 10. Severability. The provisions of this local law are severable and the invalidity of a particular provision shall not invalidate any other provision. Section 11. Effective Date. This law shall be effective upon filing with the Secretary of State. (If additional space is needed, attach pages the same size as this sheet, and number each.) http://www.racog.org/Champion/Town%20Board/Outdoofl.lo20Furnace%20Law.htm 8/14/2006 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM FROM: Mayor and City Council Craig Dawson, City Administrator Larry Brown, P.E., Director of Public Works Steve Gurney, P.E., City EngineeF September 25,2006 TO: DATE: RE: Approve Change Order 1 Wedgewood Drive, Teal Circle, and Mallard Lane Improvements and Appurtenant Work During the early stages of construction of the road reclamation and watermain installation project for Wedgewood Drive, Mallard Lane, and Teal Circle, it was discovered that a field modification was necessary so that a portion of the storm sewer would be replaced with a new pipe matching the capacity of the existing pipe. Attachment 1 is the change order prepared to addresses the change. The change is related to a revision of the pipe used for the channel crossing located behind the homes on the west side of Teal Circle. The existing pipe is a corrugated metal culvert that conveys runoff to the north under Wedgewood Drive. The plan specified a new concrete round pipe based on a height of the pipe that had been measured as 24 inches. However, based on field observation during construction staking, it was discovered that the pipe was actually an arch pipe. Arch pipes are larger so a 36-inch equivalent diameter arch was necessary rather than the 24-inch equivalent diameter arch shown on the plans. The changes necessary to replace the culvert with a storm sewer of equal capacity result in an increase of approximately $17,947.60. Recommendation Staff is recommending approval of the resolution that approves Change Order 1. A resolution is included for your consideration. 4"ll- t . PRINTED ON RECYCLED PAPER ....., CHANGE ORDER NO.1 WEDGEWOOD DRIVE, TEAL CIRCLE, AND MALLARD LANE IMPROVEMENTS AND APPURTENANT WORK CITY OF SHOREWOOD, MN WSB PROJECT NO. 1074-73 SEPTEMBER 25, 2006 OWNER: CONTRACTOR: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331 NORTHWEST ASPHALT, INC. 1451 STAGECOACH ROAD SHAKO PEE, MN 55379 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: CONTRACT QUANTITIES ARE MODIFIED AS SHOWN ON THE ATTACHED DETAIL. Storm Sewer Revisions IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE, OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORIGINAL CONTRACT PRICE: PREVIOUS CHANGE ORDERS: N/A CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: NET INCREASE OF THIS CHANGE ORDER: CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $1,053,041.82 $0.00 $1,053,041.82 $17,947.60 $1,070,989.42 ORIGINAL COMPLETION DATE (SUBSTANTIAL): 10/27/2006 NET CHANGE FROM PREVIOUS CHANGE ORDERS: NONE COMPLETION DATE PRIOR TO THIS CHANGE ORDER: 10/27/2006 NET INCREASE OF CHANGE ORDER: NONE COMPLETION DATE WITH APPROVED CHANGE ORDER~ 10/27/2006 RECOMMENDED BY: k::: -- 0-) 0 ~ - '-~'~~ STEVEN G. GURNEY, P.E., PROJECT MA ER APPROVED BY: &~~~ C+ I RAC\OR SIGNATURE WSB & ASSOCIATES, INC. ENGINEER NORTHWEST ASPHALT CONTRACTOR APPROVED BY: CITY ADMINISTRATOR, CITY OF SHOREWOOD PUBLIC WORKS DIRECTOR, CITY OF SHOREWOOD DATE DATE Attachment 1 Change Order No.1 Detail WEDGEWOOD DRIVE, TEAL CIRCLE, AND MALLARD LANE IMPROVEMENTS AND APPURTENANT WORK CITY OF SHOREWOOD, MN WSB PROJECT NO. 1074-73 September 25, 2006 ADDED ITEMS Item No. Mat. No. Description 63 2501.525 44" SPAN RC PIPE-ARCH APRON WITH T.G. AND SHEETPILED END SECTION 64 2503.521 44" SPAN RC PIPE SEWER DESIGN 3006 CLASS IIA CONSTRUCT DRAINAGE STRUCTURE DESIGN 72- 4020 65 2506.501 TOTAL ADDED ITEMS CHANGE ORDER NO.1 DELETED ITEMS Item No. Mat. No. Description 66 2501.525 28" SPAN RC PIPE-ARCH APRON WITH T.G. AND SHEETPILED END SECTION 2501.602 24" RC PIPE APRON WI PILING 2503.521 28" SPAN RC PIPE-ARCH SEWER CLASS IIA 2503.541 24" RC PIPE SEWER DESIGN 3006 CLASS III 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 84- 4020 67 68 69 70 Qty 2 201 19.2 Qty -1 -1 -165 -35 -7.88 Unit Price Extended Amount EACH $4,286.00 $8,572.00 L1N FT $97.00 $19,497.00 UN FT $587.00 $11,270.40 $39,339.40 Unit Price Extended Amount EACH $2,435.00 ($2,435.00) EACH $1,850.00 ($1,850.00) L1N FT $65.00 ($10,725.00) UN FT $45.00 ($1,575.00) UN FT $610.00 -$4,806.80 ($21,391.80) $17,947.60 TOTAL DELETED ITEMS CHANGE ORDER NO.1 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT Page 1 CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION APPROVING A CHANGE ORDER 1 FOR THE WEDGEWOOD DRIVE, TEAL CIRCLE, AND MALLARD LANE IMPROVEMENTS AND APPURTENANT WORK, CITY PROJECT NO. 02-02 WHEREAS, on July 24, 2006, the City of Shorewood entered into a contract for construction with Northwest Asphalt, Inc. for the Wedgewood Drive, Teal Circle, and Mallard Lane Improvements and Appurtenant Work, City Project No. 02-02; and WHEREAS, WSB and Associates has prepared Change Order 1 attached hereto as Exhibit A, for additional work outside of the original contract; and WHEREAS, the Director of Public Works has reviewed said Change Order and found it to be cost effective for the project. NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Change Order Number 1 with Northwest Asphalt, Inc., that incorporates services outlined in Change Order 1, attached hereto as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 25th day of September, 2006. ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: September 20,2006 RE: Resolution Rescinding A ward of Contract - W oodhaven Well/Chanhassen Interconnection, City Project 05-11 On August 23, 2006, bids were publicly opened for the Chanhassen -Woodhaven Well Interconnection Project. Subsequently, on August 29t\ 2006, the City Council approved Resolution 06-067 that authorized the Mayor and City Administrator to enter into a contract with the firm AB Environmental, for the specified improvement project. AB Environmental was notified the following day that the resolution had been approved. Under the contract documents, failure to execute the contract is specified per Section 17 of the instructions to bidders, and as indicated below: 17. FAILURE TO EXECUTE CONTRACT - Failure to furnish the Contract Bond in a sum equal to the amount of the award, or to execute the Contract within ten (10) days, as specified, shall be just cause for the annulment of the award, and it shall be understood by the bidder that in the event of the annulment of the award, the amount of the guaranty deposited with the proposal shall be retained by the Owner, not as a penalty, but as liquidated damages. Contracts were not returned to the office of WSB and Associates (acting on behalf of the City) until September 18t\ 2006. In addition, the certificates of insurance or bonds were not provided with the transmittal of the contracts. This is typically a red flag that the contractor may be having difficulty obtaining proper bonding or insurance, as required by the contract. Initial references, provided by the contractor indicated nothing out of the ordinary. However, the initial red flag of not executing the contracts in a timely manner, and not providing bonds or insurance was cause to intensify the background checks for this contractor. This was somewhat frustrating for staff, as little could be found in the way of background for AB Environmental. 4"ll- t . PRINTED ON RECYCLED PAPER ....., :if: Mayor and City Council Rescind Award of Contract September 20,2006 Page 2 of2 Regardless of the initial red flags, staff proceeded to the normal preconstruction conference. On September 19th, representatives from the small utility companies, City of Chanhassen, WSB and Associates, City Engineer Gurney, Director of Public Works Brown, and AB Environmental met to discuss standard procedures, the intricacies of carrying out this project, and discussion of utility conflicts for the proj ect. During this meeting, the contractor failed to engage in the conversations, or provide any information that was helpful in determining their plan for carrying out the contract or procedures. After more specific questioning, it became suspect as to whether this firm had the capability or resources required to perform the project. Some of the most basic questions for routine procedures queried of the contractor went unanswered or were answered incorrectly. In accordance with the proposal form, staff requested additional information from the representatives of AB Environmental. The proposal form submitted, as part of the bid, puts all bidders on notice that the Owner has the ability to ask for detailed information regarding their qualifications, resources, or financial stability for the determination that the successful candidate is a responsive and responsible contractor. Attachment 1 is the Instructions to Bidders that is part of the proposal. Thus, this type of information was requested immediately after the preconstruction conference. One hour after departure from this meeting, Engineer Gurney received an e-mail from AB Environmental stating that they were not willing to provide the bonding, as required by the contract, until such time as the City had executed the contracts. Attachment 2 is the communication received. Under further investigation, it was determined that AB Environmental is a startup firm. Hence, why little information was available on previous performance. However, Staff was able to find that the owner of the company was doing business previously under the name of Design Excavating, Inc. Staff rechecked references under the name of Design Excavating, Inc. The tale of defaulted contracts, failure to perform on contracts, poor workmanship, and irresponsibility became very apparent. From these reference checks we were informed that Design Excavating is now bankrupt. Despite the very urgent need to abandon the Woodhaven Well System, it appears that proceeding with an award of contract to AB Environmental may be putting the City at a greater risk than nursing the system along until spring of 2007. Despite the new name, it would appear that the contractor is not a responsible contractor. This most recently evidenced by their refusal to provide the bonding required by the contract documents. Therefore, Staff is recommending that the award of contract for this project be rescinded. Based on the timeframes necessary to get revised contracts, bonding, and insurance for the next lowest responsible bidder, it is not possible to commence with the contract, and get the improvements completed prior to the end of the 2006 construction season. Recommendation Staff is recommending approval of a resolution that rescinds the award of contract for the Woodhaven Well Chanhassen Interconnection Project. INSTRUCTIONS TO BIDDERS 1. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE WORK ...............................................4 2. BID SECURITy........................... ..................................................................................................... 4 3. CONTRACT DOCUMENTS ............................................................................................................. 4 4. PREPARATION OF PROPOSAL..................................................................................................... 4 5. CONDITIONS IN THE BIDDER'S PROPOSAL ............................................................................... 4 6. INTERPRETATION OF ESTIMATES ..............................................................................................4 7. DELIVERY OF PROPOSALS .......................................................................................................... 5 8. REJECTION OF PROPOSAL ..........................................................................................................5 9. WITHDRAWAL OF PROPOSAL......................................................................................................5 10. PUBLIC OPENING OF PROPOSALS .............................................................................................5 11. DISQUALIFICATION OF BIDDERS................................................................................................. 5 12. EQUiPMENT.................................................................................................................................... 5 13. FURNISHING OF EVIDENCE OF RESPONSiBILITy..................................................................... 5 14. AWARD OF CONTRACT ................................................................................................................. 5 15. RESPONSIVE/RESPONSIBLE BID ................................................................................................5 16. REQUIREMENTS OF CONTRACT BOND...................................................................................... 6 17. FAILURE TO EXECUTE CONTRACT.............................................................................................1 18. UNIT PRiCES.......................................... ......................................................................................... 6 19. OWNER DELETION RIGHT ............................................................................................................6 20. NONDISCRIMINATION IN EMPLOYMENT.....................................................................................6 21. SURETY DEPOSiTS................... ..................................................................................................... 6 ATTACHMNENT 1 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE WORK - The bidder shall examine to his satisfaction the quantities of work to be done as determined from the plans and specifications. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and bidders must rely on their own calculations. Bidders shall be thoroughly familiar with Contract Documents including all General Conditions and Special Provisions. Bidders shall inform themselves of the character and magnitude of work and the conditions under which the work is to be performed concerning the site of the work, the structure of the ground, the existence of surface and ground water, availability of drainage, the obstacles which may be encountered, means of approach to the site, manner of delivery and handling materials, facilities of transporting equipment and all other relevant matters pertaining to the complete execution of this Contract. No plea of ignorance of conditions that exist or that may hereafter exist or of difficulties that will be encountered in the execution of the work hereunder which result from failure to make necessary examinations and investigations, will be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this Contract, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. No bidder may rely upon any statements or representations of any officer, agent or employee of the Owner with reference to the conditions of the work, of the character of the soil or other hazards which may be encountered in the course of construction. 2. BID SECURITY - Each bid shall be accompanied by a bid security in the form of an amount as specified in the Advertisement for Bids. Such bid security is a guarantee that the bidder will enter into a contract with the Owner for the work described in the proposal, and the amount of the bid security of a successful bidder shall be forfeited to the Owner as liquidated damages in the event that such bidder fails to enter into a contract and furnish Contractor's bond. 3. CONTRACT DOCUMENTS - The Contract Documents will consist of the Advertisement for Bids, Instruction to Bidders, General Conditions, Supplementary General Conditions, Specifications, Proposal Form, Contract for Construction, Non-Collusion Affidavit, Contract Bond, Performance Bond, and all plans and drawings. These documents are on file with the Owner. 4. PREPARATION OF PROPOSAL - The bidder shall submit his proposal on the form provided by the Engineer. The blank spaces in the proposal shall be filled in correctly with ink or where indicated for each and every item for which a quantity is given, and the bidder shall state the prices for which he proposes to do each item of the work contemplated. All alterations, corrections or deletions shall nullify the bid unless each alteration, correction or deletion is initialed by the bidder. The bidder's proposal shall be signed correctly with ink. If the proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the state under the law of which the corporation was chartered, and names, titles and business addresses of the president, secretary, and treasurer. All bids for corporations shall bear the official seal of the corporation. 5. CONDITIONS IN THE BIDDER'S PROPOSAL - The bidder shall not stipulate in his proposal any conditions not provided for on the Proposal Form. 6. INTERPRETATION OF ESTIMATES - The Engineer's estimate of quantities as shown in the proposal shall be used as a basis of calculation upon which the award of contract will be made, but these quantities are not guaranteed to be accurate and are furnished without any liability on the part of the Owner. 7. DELIVERY OF PROPOSALS - All bids shall be placed in a sealed envelope with a statement thereon showing the work covered by the bid, and addressed as stipulated in the Advertisement for Bids. Proposals may be mailed or submitted in person. No bids will be received after the time set for receiving them. Bids arriving by mail at the office of the Owner after the hour designated for receiving bids will be returned to the sender unopened. 8. REJECTION OF PROPOSAL - Proposals may be rejected if they show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified, or irregularities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. 9. WITHDRAWAL OF PROPOSAL - A bidder may withdraw his proposal without prejudice to himself, provided he files a written request to the Owner before the hour of opening of bids, and such withdrawn proposal may be modified and resubmitted by the bidder at any time prior to the hour set for the opening of bids. 10. PUBLIC OPENING OF PROPOSALS - Proposals will be opened publicly and read aloud in such place as designated at the time and the date set in the "Advertisement for Bids". Bidders or their authorized agents are invited to be present. 11. DISQUALIFICATION OF BIDDERS - More than one proposal for the same project from an individual firm, partnership or corporation under the same or different names will not be considered. Evidence that any bidder is interested in more than one proposal for the same work will cause rejection of all such proposals. Collusion between the bidders will be considered sufficient cause for the rejection of all bids so affected. Failure on the part of any bidder to carry out previous contracts satisfactorily or his lack of the experience or equipment necessary for the satisfactory completion of the work may be deemed sufficient cause for his disqualification. 12. EQUIPMENT - When requested by the Owner, the bidder shall furnish a complete statement of the make, size, weight (where weight is one of the specified requirements), condition and previous length of service of all equipment to be used in the proposed work. 13. FURNISHING OF EVIDENCE OF RESPONSIBILITY - When requested by the Owner, the bidder shall furnish a balance sheet, certified by a certified public accountant as to a date not more than sixty (60) days prior to the date of the opening of the proposals which shall set forth outstanding assets and liabilities in reasonable detail. The bidder shall also furnish when requested, a list of work of a similar nature performed with dates of completion thereof. The bidder shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the Owner prior to the acceptance of any proposal. 14. AWARD OF CONTRACT - The award of the Contract will be made to the lowest responsive, responsible Bidder, based on the Proposal Form with the lowest TOTAL BID. Discrepancies between words and figures will be resolved in favor of words. If discrepancies exist between an extension or indicated sum of any column of figures, the corrected extensions or sum thereof will govern. Owner reserves the right to reject any and all bids, the right to waive any and all informalities, and the right to disregard all nonconforming or conditional bids or counter proposals. 15. RESPONSIVE/RESPONSIBLE BID - A responsible Bid is one from a Bidder that has: a. Financial resources, technical qualifications, experience, organization and facilities adequate to carry out the project, or a demonstrated ability to obtain these; b. Resources to meet the completion schedule contained in the Agreement; c. A satisfactory performance record for completion of other projects. A "responsive" bid must include the following: a. Complete Proposal Form. b. Bid Security. 16. REQUIREMENTS OF CONTRACT BOND - The successful bidder, at the time of the execution of the Contract, shall furnish and at all times maintain a satisfactory and sufficient bond in full amount of the Contract as required by law with a corporate surety satisfactory to the Owner. The form of bond is that required by statute. Personal sureties will not be approved. 17. FAILURE TO EXECUTE CONTRACT - Failure to furnish the Contract Bond in a sum equal to the amount of the award, or to execute the Contract within ten (10) days, as specified, shall be just cause for the annulment of the award, and it shall be understood by the bidder that in the event of the annulment of the award, the amount of the guaranty deposited with the proposal shall be retained by the Owner, not as a penalty, but as liquidated damages. 18. UNIT PRICES - In case of error in the extension of prices, the unit bid prices shall govern. The Owner reserves the right to waive any informality in the bids at his discretion. 19. OWNER DELETION RIGHT - The Owner reserves the right to delete any line item from the bid prior to final contract execution. 20. NONDISCRIMINATION IN EMPLOYMENT - If awarded the project, the Bidder agrees not to discriminate on account of race, creed or color as per Minnesota Statutes, Section 181.59 and Minnesota Statutes 363. 21. SURETY DEPOSITS - All out-of-state contractors on construction work over $100,000 will be required to file an exemption from Surety Deposit (Form SO-E) prior to their first progress payment. ----- Original Message ----- From: AB Enviromnental Inc. To: Steve Gurney (City of Shorewood) Sent: Tuesday, September 19,20065:51 PM Subject: Information for Well Interconnection Project Steve, I have prepared the following information for you, see attachments. I also faxed over the first Certificate of Insurance. I have not received the Liability or Auto yet. I have included my cover letter sent with the contracts on September 12th. Please understand that I will not be ordering a Bond or any materials for this job until I have a signed contract. It is unreasonable to ask me to do so. I will not be stuck with bond and material fees. I have worked on this but am unable to commit until the time is right. Per the discussion in the meeting today you can see why I would be reluctant to do so. I look forward to working with you on this project. I would like to get things rolling if I could get a signed contract back I will order materials and the Bond. Please let me know if what I have included is sufficient for what you are looking for. Have a good day David Entinger AB Environmental specializes in the removal, hauling and remediation of contaminated soil. We can effectively treat and remediate soil with no further liability to you. We have a Thermal Treatment Plant located in Belle Plaine, MN. Please call today for more information AB Environmental PO Box 173 Belle Plaine, MN 56011 Tel 952-873-6176 ATTACHMENT 2 CORRESPONDENCE CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION RESCINDING AWARD OF CONTRACT FOR THE CHANHASSEN/WOODHA VEN WELL INTERCONNECTION PROJECT, CITY PROJECT NO. 05-11 WHEREAS, on August 29t\ 2006, the City Council approved Resolution No. 06-067 authorizing the Mayor and City Administrator to enter into a contract with AB Environmental, Inc. for the ChanhassenlWoodhaven Well Interconnection Project; and WHEREAS, AB Environmental has declined to provide the necessary bonding for the contract and in accordance to the approved specifications; and WHEREAS, the Director of Public Works has determined that AB Environmental does not meet the requirements of the contract to be considered a responsive and responsible bidder; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby directed to reject all bids received for this project. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with said bids. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of September, 2006. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk