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102306 CC Reg AgP CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 23, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Ro II Call Mayor Love _ Lizee Turgeon _ Callies Wellens B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, October 9,2006 (Art. Minutes) B. City Council Regular Meeting Minutes, October 9,2006 (Art.- Minutes) C. City Council Work Session Minutes, October 9,2006 (Art. - Minutes) D. City Council Executive Session Minutes, October 16,2006 (Art. - Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Art.- Claims List) B. Staffing - No action required C. City Clerk's License Approvals - License to Sell Tobacco Products (Art. - Deputy Clerk's memorandum, Resolution) D. Set Public Hearing Date for the Wedgewood Drive, Mallard Lane, Teal Circle Watermain Improvements Final Assessment Hearing (Art. - Engineer's memorandum) E. Extension of the Recycling Services Contract (Art .- Administrator's memorandum) F. Accept final improvements Barrington Planned Unit Development (Engineer's memorandum, Resolution) G. Authorize Expenditure of Funds from the Water Fund for the SE Area Well and Filtration Plant (Art. - Director of Public Works' memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) CITY COUNCIL AGENDA - October 23, 2006 PAGE 2 OF 2 5. REPORTS AND PRESENTATIONS A. Proposed 2006 G.O. Water Revenue Bond Sale (Art. - Finance Director's memorandum, Resolution) B. Gideon Glen Update C. Authorization to Perform Construction Work on Saturdays on Wedgewood Drive, Mallard Lane, Teal Circle, City Project 02-02 (Art. - Director of Public Works memorandum) 6. PUBLIC HEARING 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held October 10, 2006 8. PLANNING - Report by Representative A. Concept Stage Approval for Residential P.U.D. (Art. Planning Director's memorandum) Applicant: Mark Kawell Location: 20025 Manor Road B. Conditional Use Permit - Accessory Space in Excess of 1200 Square Feet (Art. Planning Director's memorandum; Draft resolution) Applicant: Lance Black Location: 20270 Excelsior Boulevard 9. GENERAL/NEW BUSINESS A. Approval of Certification of Delinquent Utility Charges (Art. -Finance Director's memorandum; Resolution) B. Request for Special Permit for Deer Removal (Art. -Administrator's memorandum) C. Employee Handbook (Art. - City Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS A. Approve Concept Plan for County Road 19 LRT trail crossing (Art. - Director of Public Works' memorandum) 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@ci.shorewood.mn.us Celebrating 50 Years · 1956 - 2006 Executive Summary Shorewood City Council Regular Meeting Monday 23 October 2006 Agenda Item #3A: A Work Session will be held at 6:30 p.m. Agenda Item #3B: Enclosed is the Verified Claims List for Council approval. Staffing - no action required. Agenda Item #3C: This Resolution approves the annual tobacco license renewals for five establishments in Shorewood. All five establishments have completed the license application requirements. The license period is November 1, 2006, to October 31, 2007. Agenda Item #3D: This resolution declares the costs of the watermain portion of the Wedgewood Drive, Mallard Lane, Teal Circle project to be assessed, orders preparation of the proposed assessment, and calls for public hearing on November 13,2006 on the proposed assessment. A resolution is included for your consideration. Staff is recommending approval of the resolution. Agenda Item #3E: Shorewood participates with five other cities as the Lake Minnetonka Recycling Group, in which the cities negotiate jointly and have separate contracts for recycling services. The current contracts expire at the end of 2006. The cities are going through a Request for Proposal (RFP) process that is being funded with a grant from Hennepin County. As the County's process for the grant was lengthy, the RFP process began later than anticipated, and the process will run into the first quarter of2007. Waste Management, Inc., which has the contract for services, has agreed to extend the current contract (price and scope of services) through March 31, 2007. Staff recommends approval of the contract extension. Agenda Item #3F: On September 17, 2004, the City of Shorewood entered into an Agreement with Capestone Builders for the development of certain property known as the Barrington Planned Unit Development, located north of Excelsior Boulevard. The construction outlined as part of that agreement has been completed, and the Developer has requested that the City accept the public improvements. Staff is recommending acceptance of the public improvements. The road improvements constructed as part of this project will remain under the ownership of the homeowners association. t#". PRINTED ON RECYCLED PAPER ... Executive Summary - City Council Meeting of October 23, 2006 Page 2 of3 Agenda Item #3G: During staffs routine monitoring of the Iron Removal Plant for the SE Area Well, we noted that the performance of the filter had decreased dramatically. During further investigation, it was determined that, at a minimum, it appears that the manifold system of pipes that delivers the air-water mix under the filter media has broken. The end result is that very little of the filter bed is being back washed, because the delivery system for the air water wash has separated or broke. Staff has solicited a proposal from the original equipment manufacture, and recommends approval of the proposal for repairs and reconditioning of the filter. Agenda Item #5A: Bids for $1,450,000 in water bonds will have been received earlier in the day. Northland Securities will provide a tabulation of bids and recommendation of award. Staff recommends approval of the resolution awarding the bid for the bonds. Agenda Item #5B: The Minnehaha Creek Watershed District will present an update of the Gideon Glen project. Peter McDonagh of The Kestrel Group, consultant to the MCWD, and Eric Evenson, MCWD Administrator, will be present. Agenda Item #5C: Despite the recent weather patterns, the Wedgewood Drive, Teal Circle, and Mallard Lane, Reconstruction project has slowly plodded along with a substantial amount of progress each day. To accomplish the goals of the project this year, the contractor has requested permission to work the next two Saturdays, between the hours of 8:00 a.m. and 5:00 p.m. Staff concurs that the time is needed to complete the tasks scheduled. Agenda Item #7 A: Park Commissioner Josh Trent will report on the October 10, 2006, Park Commission meeting. Agenda Item #8A: Mark Kawell, representing Richard Bowman, proposes to plat Mr. Bowman's property at 20025 Manor Road to create three additional lots, which will be situated in Deephaven, but will be served by Shorewood utilities and accessed from Manor Road via a private road. For several reasons explained in the staff report for this request (e.g. private road, possible private utilities, etc.), the project is being processed as a Planned Unit Development c.u.P. on the Shorewood side of the border. The Planning Commission has recommended approval of the Concept Stage plans with stipulations. Concept review is scheduled for review and approval by the Council at Monday night's meeting. The applicant will be filing a preliminary plat with Deephaven in the next two weeks. It is recommended that staffbe directed to prepare a findings of fact for consideration at the next Council meeting. Agenda Item #8B: Lance Black has requested a conditional use permit to build a detached gazebo on his property at 20270 Excelsior Boulevard. The gazebo plus the existing garage exceeds 1200 square feet of area. The Planning Commission considered the matter and found the application to be consistent with Shorewood zoning requirements. A draft resolution is included in your packet for your consideration. Agenda Item #9A: The City Council annually certifies utility accounts and charges that are delinquent, and Hennepin County places the charges on the tax statements of the affected properties. Persons with delinquent accounts are notified of the Council meeting at which this matter will be considered, and then afforded an opportunity to request that the Council adjust or remove the certification for their property. Staffhas received indication from only one individual, Mr. Ron Johnson, who wishes to address the Council on the certification of Executive Summary - City Council Meeting of October 23, 2006 Page 3 of3 delinquent accounts. Staff recommends that Council adopt the resolution certifying unpaid utility charges to Hennepin County for placement on property taxes payable in 2007. Agenda Item #9B: At the September 25 work session, Council considered activities related to removal of deer in Shorewood. It gave direction to make preparations for removal from the Minnetonka Country Club property only. A plan for deer removal has been prepared for public comment as required by the DNR. An opportunity for public discussion at tonight's meeting is sufficient for the DNR requirement; Council may wish to continue the matter to November 13 for further public comment. SLMPD Chief Litsey has recommended the trap- and-dispatch method for removal as the safest technique. Bode Witrak, president of Minnetonka Country Club, has indicated he would agree to arrange and pay for all of the costs for removal. The City Code would need to be amended to allow deer removal activities. Chief Litsey and Mr. Witrak (or a representative) are expected to be at the Council meeting for this item. Council should approve the deer management plan and direct preparation of an agreement and amendments to the City Code, or continue the matter to November 13, 2006. Agenda Item #9C: The new Employee Handbook has been reviewed by Council in work sessions, and revisions from these sessions have been incorporated into the draft before the Council this evening. Staff recommends that the Council approve the Employee Handbook. Agenda Item # lOA: The safety issues of County Road 19 - LR T Intersection, have long been a source of concern for the City of Shorewood, Tonka Bay, and Hennepin County. Therefore, Hennepin County has derived a concept plan that provides pedestrians and cyclists a place of refuge while crossing. Staff has reviewed the concept plan for the construction of a raised 12- foot wide median island, and recommends approval of the concept plan. CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, OCTOBER 9, 2006 5755 COUNTRY CLUB ROAD CONFERENCE ROOM 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION Mayor Love called the meeting to order at 6:02 P.M. Discussion ensued Mayor Love; Councilmembers Callies, Dawson; Attorney Keane; Special Counsel Kim Wellens; Administrator A. Roll Call Present: Absent: None B. Review Agenda Without objection from Council, Mayor Love for the meeting. 2. REVIEW OF AFFADA VIT '11111!1 'I!!! Special Counsel Kozar stated the purpose'i~ Section 13d.05 Subd. 3(B) for attorney-c1ien~ the matter of Johnson v. Johnson v. City of was pursuant to Minn. Stat. and litigation strategy in File No. 27 CV 06-550 and 04-016195. 3. Session Meeting of October 9, 2006, at Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk 1#2A I CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 9, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Absent: None Administrator Works Brown; Mayor Love called the meeting to order at 7:06 P.M. A. Roll Call Present. Mayor Love; Councilmembers Callies, Dawson; Attorney Keane; Finance and Acting City Engineer Gurney Review Agenda 1;;0 '$[ ill ~ t ~:.~ Lizee moved, Wellens seconded, Approvinli!t~~It'hg~,nda as .~f-l) -!~.HU[lhh" APPROVAL OF MINUTES l\l\'!\lllllllllll\l . . ,,''!H, . .'llh"tlllIIP'llllIUllllllllllt CIty Cou~l~fJlMi""nl~~sslOn Mmu~ir; Septemberfl25, 2006 tIW'IUHtH\ Callies moved, Tu,fgq~"llseconde~~1 Approving l~he City Council Work Session Minutes of September 25, 2006, asl~fu.,:f:-.,.nded,..I.I(.h....I.tem 3, Pag~I~,.,~liParagraph 7, Sentence 2, delete "He then , ~, t ,J.: : ~. .. _ ,':: .~. it:.:; ._... , ,.: 1 .' stated he did not understanallW'h~~W~~<<~I~!~cr~~fan,:wlWould have." Motion passed 5/0. llUlllllimtl'J ,'\il.Ullit .,qi!lllllmUlllP' BIl!lllh,icilYid)Uijhl1il RegH(NbMeeting Minutes, September 25, 2006 AI"II' \lltH'i"lh llllUl, 1 ti^..:. '-~.lt;i; -~_ .~~: _, t %*.~f: t ~~": .:\:. '! f Wel\e~~llm";ed, Turgeo~'1~:+""nded,\\~>>~'roving the City Council Regular Meeting Minutes of SePtemb~UII~8t 2006, as Altt~rded .Hi' Item 7.A., Page 2, Paragraph 3, Sentence 1, change "consideratdjJiil~1 a partnet$1)ip with Famous Dave's for a Blues and Barbeque event." to <: 1:::_ r i .~.,; ,'1 ~. : k "consi,~erati.on"o~lftlcartners~f~' with Famous Dave's for a Blues and Barbeque Music in the Park event. MotIon pass~I(ii~/O'..'.Hi 'il.ltlt '1.'11' "' ~j.~i[t $.t .~.I: -' ' CONSENT AdiMJA H ,.p B. passed 5/0. 2. A. 3. Mayor Love reviewed the items on the Consent Agenda. Callies moved, Wellens seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing - No action required ~ SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 2 of9 C. Adopting RESOLUTION NO. 06-076, "A Resolution Accepting Bid and Awarding Contract for 2006 Pavement Marking Project." D. Setting the Date for the Annual Appreciation Event E. Water Contingency and Conservation Plan F. Adopting RESOLUTION NO. 06-077, "A Resolution Establishing an Absentee Ballot Board for the 2006 General Election." This item was pulled G. Agreement for Financial Services with Northland H. Authorize Expenditure of Funds for I. Authorize Expenditure of Funds for 7.A under Parks) Motion passed 5/0. 4. MATTERS FROM THE There were no matters from the floor 5. None. 6. None. 7. Park Commission meeting since the last Council meeting. for October 10, 2006. A. of Funds for Replacement Slide Silverwood Park consent agenda for discussion at Councilmember Callie's request. Councilmember Callies stated the Staff report for the authorization of funds for a replacement slide at Silverwood Park was for a shorter slide than was currently in place (priced at $1,400.45) rather than for a replacement slide of the same size (priced at $2,600). In response to a question from Councilmember Callies, Director Brown stated the current slide was approximately ten years old. Councilmember Callies stated she would prefer the existing slide be replaced with one that was of the same size and of reasonable quality. She commented residents went to Silverwood Park to have fun; SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 3 of9 children would get more enjoyment from the use of a quality slide. She also commented the existing slide was a unique feature of the Park. She acknowledged the larger slide cost more; but when averaged out over a ten-year life the larger, more costly slide would be a wise investment. Callies moved, Wellens seconded, Authorizing the Expenditure of Funds for a Replacement Slide, a Slide that would be the Same Size as the Existing Slide, for Silverwood Park for an Amount of $2,600. In response to a comment from Councilmember Turgeon, had not commented on the size of the replaqy,tnent slide. He significant period of time, because the vei1g~ttt(for the nent and proposed replacement n; P' 'F>' slide) had been unable to match existing or C~W~"t~~\y\~~quipment. W~npbr had recently identified a shorter slide that would match the existing moti~tirigi#l~~~~;,t~nd Staff ha"lwanted to request replacement d. . 'if. .'11i\IllI:\-j,.':i' fun s as qUickly as possIble. lll, "ipHillllllllitkd' ) Wit _.dlp'.'I!t"Uil!P Councilmember Turgeon e thought it a~~~opriate forl~Ne Park Commission to have input into the size, and therefore ) of the has funds frorNh\1e Parks capital budget would be used to purchase the slide. She recommiH~,the m It.pn be amende~lm!ri:luthorize funds not to exceed $2,600 for a rep I.cement Sli~~; "i'''", 1'lllllIlliI!!i1ll1I1I1I1Il1I1!III!IIIP"!jI' Callies mo~p,!~ijtl~~~I~f)cond~cll;11'ft~endingtHtHMotion to "Authorizing ~h~ Expenditure of Fu~ds for a R cement Slrl~I~~~)Sdve~PR~ P~~k based on the Park Commission's RecommendatIOn for c~nt Not- TO-E!!t~nfll~2,60ollil1)f>~bon passed 5/0. [li':'_ "" l' l ': ~.,!, 8. PL~~j:)NINGll!::\" f ~~ 1 L 1;,,, ' II'''' . . ti:.:;l> !iq Commissioner Me~ijh,reported (0)A matters considered and actions taken at the October 3, 2006, Planning Commission meetiIi~14~&ldetl1~l~a in the minutes of that meeting). ';3't..H.'.-~.....I..:dj 'lrllll.l';' In A. OutdoWl'lWood Burning Furnace Ordinance the large hole in the In response to a question from Councilmember Turgeon, Director existing slide was a result of wear- and-tear as well as possible In response to a question from Councilmember Wellens, Director slide would be approximately two feet shorter than the landing area was one of the key features of that slide. a shorter replacement the longer slide's Councilmember Lizee stated she would prefer the that is what the users of the Park have become similar; Mayor Love explained the procedure that would be followed this evening regarding discussion of this item. Administrator Dawson explained that at a Council meeting on September 25, 2006, Council had requested the proposed Outdoor Wood Burning Furnace (OWF) Ordinance Chapter 1005 be modified. The modifications requested were: 1) change 1005.04 Subd. 5. such that the allowable months of operation would be the consistent with the State's "cold weather rule" months of operation (October 15 SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 4 of9 through April 15); and 2) add a regulation to Section 1005.05 Existing Furnaces - "No existing outdoor wood-burning furnace may be enlarged or extended." Dawson then explained the proposed OWF Ordinance drafted by the Planning Commission specified a number of minimum standards: minimum lot size of three acres; a minimum setback of 200 feet from any property line; 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, and in no case shall the chimney be higher than 40 feet; and all OWFs shall have an approved listing by Underwriter's Laboratories (UL), shall be installed according to the manufacturer's installation instructions, and comply with emission standards promulgated by the United Stated Environmental and the Minnesota Pollution Control Agency. In response to a request from Mayor Love, Dawson r(.w~~~ed the wocess used to, ordinance. Dawson stated the issue OWFs had beenpFclq~~~~}O COUli~W's attention in 06. Council had since directed the Planning Commission to review tliijlmtlr's.\~~t~thwe ordinance~. ative to smoke emissions and the use of outdoor wood-burning furnaces \(~~i~xatl not requested the Commission to consider regulations with regard to recrt:~tional fires, indo9tll~~~places, or indoor would-burning furnaces). The draft OWF ordinance under d+~~i~yration was the o\~ij4~me of the Commission's efforts. \lili!m.l\i~I.>.tlil!II.........I; Connie Quast. 24800 Smithtown Road, (a resiJ~~tj~iiijIH~~IfJ.llexisting'OlW~!'installed) stated she and her family had not attended previous Planning Corri~~ssio~'IJt1e~~1~~qjflg~!0buncil meetings where the topic of OWFs had been discusse~illf!'in~se of potentiaJilY!~';1f~Hity at'tft1~weeting. Ms. Quast stated she and her family. had sp?ken wi~h ,nt~ff1!f€l"'Ui' g. their OWlfttand the Qllasts had complie? with all regulations regardmg the mstallat~~l1mnd use oq Ir OWF. Shelftated they had taken proactIve measures to try to make improvements~t\Y.Ultt~~ld mir' ,e their neighb~~~:,!9,oncerns. She noted Mr. Pahl, their neighbor, had contacted them one tiill~IWlt~h r~i~.lt~~is concer.,i~jabout smoke emissions, and he appeared to be satisfied with th~,iml?rovemerit~Ml\~~; Ml)bW"~~~H~!m~I<'ing. No other neighbor had contacted them. .;,JllmIUllllIIllll '\1111111;. .. dHHl!!IlI! Ms. QuaqW~xplained sHel er famU~I.bad be awoken four times in the last few months by public safety perso.9ql.I.....~.'\i)g.a. rding complaj.l..~..!.b.. out sHt~.'~.;~.:;. tyinissions, and only one of those four times had their OWF IJh.n'I..t.' ,II"', been' m .ti$~II[wO of the cal mRre a res>>W of smoke emissions from other residents' recreational fires, yet compldUil~J1;'ere not maC\tlllagainsf them. She stated she and her family had not been to the Commission 6~m(mncil to comIUkin; and they had made a serious effort to comply with the regulations. ;IIIUIl;, Jill; Ms. Quast stated shYm~r\;:eiy,~tll'she and her family had been harassed about the smoke emissions issue. '~pnt":, ,,:U:f' She asked that they bellltij~ted fairly. She then stated they had applied for and received the necessary permits to install an O\W1 that would be used primarily to heat their house. The use of the OWF to heat 'l water was an added benefit. and emissions Dawson went on to explain existing OWFs must comply with standards as well as the allowable months of operation. H(" Ms. Quast requested she and her family be allowed to use their OWF during the cold season. She stated the climate remains cold well into May; therefore they would like to use their OWF up to May 15. She commented it snowed on October 3, 2006. She stated although they would prefer to use their OWF beginning early October, when it was possible to have snow, they would accept the October 15 start-date proVISIon. SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 5 of9 Ms. Quast stated they would burn drier wood in their OWF. She stated they had questioned many of their neighbors regarding what else they could do to alleviate further disruption in the neighborhood. Ms. Quast then stated she and her family had smelled smoke from the bonfires this past summer, but they had not complained. She also stated two of the residents that had been before the City to complain of smoke emissions had recreational fires themselves. She stated some of the residents that had complained also smoked cigarettes. Other residents had used cleaning solutions on their driveways. In response to a question from Councilm~mber Callies, Meyer stated as far as he was aware the Quasts had not attended any Planfili~m,C9mmission the issue of their OWF was \" Of {'J-t T! i",:~ discussed. In response to a question from Cotirl~iJtmtmRer Wellens, stated Staff had suggested they not attend the meetings because of the p~t~\1tidrIU~~~n~~\Wat the with regard to OWFs. The Quasts were concerned their attendance at the rn~}ltings,~~tlJglhlfpI.lJt it) "yelling at each other". \:- _ ,: :~ :i ':- - .~- ~. :": t -:: : T I { ; 1 ! ' In resp?nse to question fr?ml!m~vncilmembe: V\1f},\r11's, Ms. '~H~$t stated .th~ Staff was comfortable presentmg the Quasts' pr?~~~e'elH~"1 es to theIr O~ to the Plannmg CommISSIon. .Il"l j" :,t'"';kl&? In response to anothertq~+:1ti~n fro uncilmember \W:\rlhens, Ms. Quast stated they had a 30+ year-old oil furnace that was not velWll . their OWF )iW\lld be their primary source of heat. She noted they had heated. eir hous~l!\lY~~RfRtIrning furnace starting one year after they had purchased t~NjH!1 MU~q then if theft!he'Xplained there would be an issue with an OWF they would h,t~~Jconsiderealft, er typ furnace to heat their house. She also stated they purchased the type onl~WF that they di it rated; other furnaces would have been cheaper. They had alrectt1y\II~' ted a great d mon the purchase and installation of the OWF, and in the improveme had made and rhitigate their neighbors concerns. house using their OWF, She stated they were In summary, Ms. Quast stated she and her family wanted to be able to and they wanted to be able to use it from October 15 to May 15 of willing to work with the City to resolve any issues it may have. Shirley Bergslien, 24785 Smithtown Road, stated her neighbors had no complaints about them. She stated her concern was caused for her and her husband. She noted she had one time. She explained her husband's health care susceptible to pneumonia. She submitted the letter about her husband's health and welfare. neighbors, and she smoke emissions smoke emissions he was concerned Administrator would be able to continue to use their OWF under the proposed ordinance. He last meeting, Council had requested the allowable time of operation stipulated in the consistent with the State's "cold weather rule", which was why the ordinance now stated aI11 F could not be operated during the time period 16 April through 14 October. Administrator Dawson explained the "cold weather rule" was the time period during which a person's heat utility could not be terminated for nonpayment. Councilmember Wellens stated that was an arbitrary time period. Dawson stated the "cold weather rule" was in the State statute. Wellens moved, Lizee seconded, Approving ORDINANCE NO. 429, "An Ordinance Amending Title 1000 of the Shorewood City Code to Regulate Outdoor Wood-Burning Furnaces." as Amended in Chapter 1005 Subd. 5. "No outdoor wood-burning furnace shall be operated during the time period 16 April through 14 October." Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 6 of9 9. GENERAL/NEW BUSINESS None. 10. ENGINEERING/PUBLIC WORKS A. Change Order No.2 for Wedgewood Road, Mallard Lane, Teal Circle Road Engineer Gurney explained during the watennain installation for Wedgewqflfllprive, Mallard Lane, and Teal Circle, there had been several concerns raised by the residents a?w~It' ac~ess to their homes. The project specifications allowed for the closure of the road between 7:0QltNIM. and 7:00 P.M. The City had negotiated with the Contractor to changes to his method of constr~~tm~\f~fll~!~ortion of the project. The changed involved using a directional drilling method rather tha~anl~pen treH!~l~~nstruction for a portion of the watermain installation; and it would allow those po~,~~~\~(the road t~ir~main open for longer periods of time. He noted there would still be times wh\1phl~~ i~bad would hav~IM+llRe closed, but the duration of the closures would be reduced. The chang :ad the a<Wed benefit of il'h~~~rii?g}he project schedule by allowing crews to pave the areas whery\ IWittermaiJilhad already been' !i<<~t~lted. Gurney stated the anticipated cost ofthe change was $39,941. "IIIIII!I!II!IIII(:"" ,!I; Turgeon moved, Callies seconded, Adopt~1,lg RESOLUTIONlN~~i,06-078, "A Resolution Approving a Change Order 2 for the Wedgewood D~itr~~l!eal Circle, an!(liM1\~lard Lane Improvements and Appurtenant Work, City Project No. 02-02;fl!!HmilhL,'llqIIIH!I\ t!l i Ii I mill Ill! i ,>' ;!, lIP from Councilmemb~ri WeIAr11~JllRmrM~rnBrown explained the watermain not increas~lasidltesult o'fl~h~l~hange order for two reasons - there iIPf 'Hf' project cos~lbtimate, an;&'the project bids were lower than the 1:' ~.. '- ql 'I' with acc~~Yli~ residential properties. He explained that the . is\'request for alternative vehicle access, which was e used in some areas. Staff continued to try and properties. In response to a question assessment costs for the was a contingency project cost estimate. Brown stated there would Tonka Bay City ncil ~hy ~he dii~l. Identify qtlier alternatl ,i..I'." 1111" Ii <ii,lm Maybr DQijtl tate~ the have been to! Vide a I Ii!!. Director Brown ~ttlt~d that on ~ l.~ 11 t 1 ~. request to allow theq.~~~ e along the trail or Lilah i'll drilling was not much more than the cost would through the Wedgewood Drive / Lilah Lane area. 10,2006, the Tonka Bay City Council would consider the City's park in the Manitou Park parking lot and then walk to their residence Motion passed 5/0. B. Change Order No.1 for SE Area Well/Amesbury Well Interconnection Project and Appurtenant Improvements, City Project 05-05 Engineer Gurney reviewed the three changes that were made to the SE Water System NE Water System Interconnection Project. The changes were: SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 7 of9 1. An extra hydrant was added at Manor Park to provide additional fire protection. The extra cost associated with that change was $800. 2. A "yard hydrant" was placed at the Amesbury town homes to reduce the work necessary to winterize the system and provide easier access to the meter pit. Because the Amesbury Homeowners Association requested the change, it had agreed to reimburse the City for the costs associated with installing the hydrant. The Association would also pay for the water used. The cost for modification to the hydrant and meter pit was $1,709.60. There was an cost of $1 ,088 to remove and replace curb and gutter which was of a re- alignment of the line to the hydrant. 3. The size of the water service stubs that were been increased to provide increased water either larger or located further back than changes was $9,534.60. properties had were for the In response to a question from Councilmember Turgeon, paying $1,710 for the cost of the hydrant and meter pit, plus In response to a question from councilme~~~11~ellens, IVey explained the changes to the size of the water service stubs would be fundeij;lJYl City. H \II~' 1I111~i!L> .';;I!I' Gurney noted the project was not funded by ass~~&men~s~miWN~I~l;lpde~.UK)m the Water Utility Fund. dJrm!lri "il!i..t.l11iii'. ....i!.llll.llllil; Callies moved, Wellens s~.p(hUlij"U~~opting RES!@LUTION NO. 06-079, "A Resolution Approving a ~~ang~ Order 1 f~!~lnfftl.conneUfh'r of SE wat~~I,System to NE Water System, City Project 05- 05. Motion passedf;/OO\!IIUh llllllh,!I; 'rIIVlk.i!lIII.>il.. ...i.lll; C. "Illlllllinilii\::': 2~~~~immlllifi~p~; - Broms Boulevard pO' . 'iHJ'ltm. il'!JI( Directo~rJ~town explaiff~ijli~ft~ncil H~lhtPpro~ed Res?lution No. 06-06?, a resolution prohibiting. traffic on BrRm~~.~ulevard at OI~lilNlmket Rd~"I~Wil~~ evenmg pear hours, at Its August 14,2006, meetmg. He noted Co~~RI'rember Calltesiq~~made ,i~~hmtlal request. Director Br~Wijl n eXPlain~"llbased on recent feedback, Councilmember Callies had reported the restrictions put I . ce cause~limore inconvenience than positive results. Staff had received similar !! y,. feedback. The restrl :~~W c~nlsed people to travel down Old Market Road and up Covington Road. He also explained that Staf~~~~lpreviously expressed concerns with school buses making turns at that same intersection. Brown stl:Jl~a Councilmember Callies had requested the restrictions be removed. Staff agreed the restrictions should be removed and the resolution repealed. Councilmember Callies stated the intent of the restrictions was to determine if the traffic issues could be reduced. She explained she had contacted the residents on Radisson Road, Carrie Lane, Covington Road, Tiffany Lane, and Christmas Lake Road about the restrictions. She stated the residents on Carrie Lane stated they had difficulty getting to their property because of the restrictions. She explained there was no restriction from Vine Hill Road onto North Old Market Road; therefore, some traffic would make a U turn at the stop sign on Old Market Road, and then come back down Old Market Road to make a turn onto Broms Boulevard. Callies stated she was pleased to have a traffic counter placed in the area to SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 8 of9 determine what volume of traffic was cut-thru traffic. She suggested targeted traffic enforcement be located at the area during the morning and evening peak traffic hours. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 06-080, "A Resolution Repealing Traffic Restrictions on Broms Boulevard at Old Market Road During Evening Peak Hours." Councilmember Turgeon explained the City had been addressing that traffic issue since February 2004. A group of approximately 22 residents had participated in assessing four alternatives to address the traffic problem. She stated she was not aware of any feedback from residents expressing concern about the restrictions, not that the feedback didn't exist. concern with removing the restrictions without input from the residents that were involved in assessing the alternatives. She stated the restrictions had only been in place for maybe additional time was needed to fairly assess the impact. Director Brown of the County A. Councilmember Callies stated she had emails from the residents in the affected neighborhood, residents forward all the emails to the Councilmembers, Councilmember Lizee stated Council should consider the difficulty school busses have making the tutn at Covington Councilmember Callies for contacting the r~ in the Motion passed 4/1 with Turgeon dissenting. 11. times on Wedgewood Drive as a result with the SLMPD, the EFD, and Hennepin an Executive Session for October 16, 2006, at 6:00 originally scheduled for October 25, 2006, had been stated he was trying to schedule EFD Chief Gerber for the to provide Council the opportunity to meet the Chief. Lastly, the 18, 2006, for its quarterly meeting. B. Mayor Love stated the was continuing to focus on reducing its response times. He also stated a Deephaven resident had challenged the EFD funding formula. He noted the EFD Fire Safety Night was scheduled for October 12, 2006. Mayor Love requested that Council be prepared to conduct the City Administrator's review at the first Council meeting in December 2006. Councilmember Turgeon stated she would forward the review form and the last review to Council. SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 9 of9 With regard to the City's case against the Upper Lake Minnetonka Yacht Club, Attorney Keane stated the misdemeanor prosecution was filed on Wednesday, October 4, at Ridgedale Court. 12. ADJOURN Lizee moved, Wellens seconded, Adjourning the Regular City Council Meeting of October 9, 2006, at 7:55 P.M. Motion passed 5/0. Craig W. Dawson, City Administrator/Clerk RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, OCTOBER 9, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 8:00 P.M. or Immediately Following the Regular Council meeting MINUTES Present: Mayor Love; Council members Dawson; Finance Director Burton; Administrator 1. CONVENE CITY COUNCIL WORK SESSION Mayor Love called the meeting to order at 8:10 P.M. A. Roll Call Absent: None. B. Review Agenda Without objection from Council, Mayor 2. EMPLOYEEHA~M~~~ If!!!!!III!f!j!!1 Sick Len1i~IM~~~~~t*1<< idllhllW t Administrator DawsoijlNi~ted there w employee handbook: t"YIWlfk leavr~tH opt-out polic,~' ~t~oun~il t*qY;\flfi~' i handboo \ nni1j~ If,~! ~ftf;s:deretll "fl ~~~ Iy as ,'lhl' ,Ill 1m"', Adm%~I,~...~....f...,.".:.a..'t.or Dawson ~ l~~ed tl1\e;Bfl.a.....I.,.,....."o..,.....,f changes to the sick leave/severance policy was to establish a cap thr'~wit the ~i~'s fin ;". I liab'~~l~rRn the balance of sick ~eave paid ~s severance at time of an employettm ermmatIon. At . September 25, 2006, work seSSIOn, Council asked that the employee Benefits C' .. ittee review an ~ovide comments on a plan that would: Hll1> , ~;~ t' \",1" !1 'RIMR1' a 960-;bap for purposes of calculating severance. Hav~!~I~r, d scale for severance base on tenure with the City. Havel""I" on the number of hours that may accumulate in an employee's sick leave ba'lahce. A. maining to be resolved for placement in the new funeral leave policy; and the health insurance items tonight, approval of the new employee 1. 2. 3. Administrator Dawson then explained there were three employees that had more than 960 hours in their sick leave balance, and each had approximately 1600 hours on balance. Under the current plan one-third of the amount over 400 hours (1600 - 400 = 1200) would be paid out as severance. Administrator Dawson stated the Benefits Committee had met the week of October 2, 2006, to review the above proposed sick leave / severance plan. The Committee members believed that their "800-hour" proposal was fair for both the City and the employees. The Committee expressed high value on the proposed program that rewarded employees for responsible use of stick leave. 1#2C I CITY OF SHOREWOOD WORK SESSION MEETING October 9, 2006 Page 2 of5 Administrator Dawson stated from his perspective either of the two proposed plans were reasonable. Both plans place a cap on accumulated sick leave. The separate question was how to address the three employees with a sick leave balance greater than the recommended cap. Mayor Love stated he wanted to ensure those three employees would be made "whole" as they had counted on the severance benefit. After ensuing discussion, Administrator Dawson clarified that in the "800-hour" proposal, the buy-down of sick leave hours in excess of 800 hours would occur each year-end. ~on also clarified the "800- hour" proposal did not contain a graduated scale based on tenure; ~down was dependent on a minimum tenure of five years. The Committee believed the was easy to understand. Administrator Dawson three employees fort excess hours at varyi hours in excess of the ca hours ever recommended an no longer at time of the current Councilmember Turgeon stated she would prefer a graduated Administrator Dawson stated the League of Cities alternative that the three employees with sick leave accrue sick leave, and they would work down termination the employee would be paid the benefit versus proposed benefit. In response to a question from proposal had an 800-hour cap. He Council so chose. Dawson clarified the "800-hour" to reflect a 960-hour cap if Councilmember Callies that could be considered to compensate the of the proposed cap. One was to buy-down the :tbe to prohibit further accumulation of sick leave Hlnployee would be compensated for their excess 'nce benefit or the proposed benefit. ",those employees with accumulated sick leave hours in excess of a ltb~se excess hours. '\1111111' empl~y6es with more than 800 hours of accumulated sick leave were came to work because of work obligations when they should have In response to a employees was Mayor Love, Administrator Dawson stated the "voice" of the three the Committee's "800-hour" proposal. Administrator Dawson explained the "800-hour" proposal was in use by Eden Prairie, and was previously used by Hennepin County on a graduated scale. He stated the Committee thought the 50% approach was easy to understand. Councilmember Wellens stated a 33% approach was also easy to understand. He then stated he would prefer to leave the benefit as is. He also stated his employer did not compensate an employee for any outstanding sick leave balance at time oftermination. CITY OF SHOREWOOD WORK SESSION MEETING October 9, 2006 Page 3 of5 Administrator Dawson stated the goal in making changes to the severance benefit was to find a way to limit the City's financial liability on the balance of sick leave paid as severance. Mayor Love stated if the severance benefit was to change he would support the "800-hour" proposal; but he could also support no change to the benefit. Council member Turgeon stated the 960-hour cap was relatively common amongst other local governments. Some would have no cap on accumulated hours, but would a cap on the amount that would be paid as severance. Administrator Dawson commented that be one method where employees could bank hours to use in the event of a major illness, limit the City's financial liability . In response to a question from Mayor Love, have a cap on the accumulated sick leave Turgeon stated she did not think corporations. the 800-hour sick stated one way to it a "bonus" for there was a cap Councilmember Turgeon stated there were a number of leave level. (Administrator Dawson stated there were 2 - 3 view a yearly buy-down of sick leave hours in excess of good attendance. She stated the important aspect of on the severance. Administrator Dawson concurred explained her desire was not to the severance paid. Councilmember was a common practice in large if an employee used two Mayor Love stated C Councilmember Calli severance alternatives support the Committee's "800-hour" proposal. had asked the Committee to review various the "800-hour" proposal. with accumulated sick leave hours well In was difficult to define. to the possible misinterpretation by the Committee that lspective, its perspective was not considered. Councilmember Callies rred the benefit under consideration back to the Committee for review; therefore its reco endatiol11 uld have considerable merit. 1111!!!IIII.1I1 Councilmember TurgedHUHhrified that Mayor Love and Councilmember Callies would support an 800- hour cap on accumulatelsick leave hours; the severance would be 50% of the hours at termination with a minimum of five years of tenure; and there would be an annual buy-down of hours in excess of 800 at a 50% rate. In response to a question from Mayor Love, Administrator Dawson explained that would place a limit on the City's financial liability. Council member Lizee stated she could support the Committee's "800-hour" proposal. The Committee had reviewed other local governments' benefits. She commented the City was not a major corporation. CITY OF SHORE WOOD WORK SESSION MEETING October 9, 2006 Page 4 of 5 Administrator Dawson stated there was still the outstanding item of how to address the three employees who had more than 800 hours of accumulated sick leave. In response to a question from Mayor Love, Administrator Dawson stated the Committee could support either ofthe options and it did consider the "voice" of the three affected employees. Mayor Love stated he wanted to ensure the three employees who had sick leave hours in excess of 800 hours would not be negatively affected, and there would be equity for who would reach that amount in the future. Administrator Dawson with the AFSCME k granting one funeral' consistency between no language to off future benefit should and it was important Discussion again ensued with regard to the severance benefit Mayor Love stated he believed that Council had reached a be. He had concern with how a shift in benefits would those individuals were not negatively impacted. Councilmember Turgeon stated the employees leave hours to rely on in the event of a health sick Mayor Love questioned if Council could individuals and ask for their input on w excess of 800 hours would be, and then consensus. Dawson to meet with the three the accumulated sick leave hours in work session. There was Council B. was the same as the City's labor agreement e Councilmembers had expressed concern with es. He stated there was a preference to have labor benefits. He then explained the current h Administrator could address the concern. Turgeon, Director Burton explained there was a pay the granting one day of funeral leave for death or funerals of Administrator Dawson commented employees did not take many There was leave the current funeral leave policy as is. c. Opt-Out Policy Administrator Dawson explained the City had been willing to pay $50/month to any employee who chose not to participate in the City's health insurance plan for many years. If an employee were to participate as a single member in the health-insurance program it would cost the City $250 per month based on the employee's age. The Committee recommended the amount for non-participants be increased to $100/month. Councilmember Lizee supported the increase to $1 OO/month. CITY OF SHOREWOOD WORK SESSION MEETING October 9, 2006 Page 5 of5 Councilmember Turgeon noted there was one employee that did not participate. She questioned if there would be others that would opt-out if the amount were increased. Director Burton clarified the employee would be required to prove they had other coverage. There was Council consensus to increase the opt-out amount to $1 OO/month. 3. VOLUNTEER LEAVE POLICY 4. OTHER !~s to consider a "volunteer tations to employee benefits tion was available to model a prohibited Cities from Administrator Dawson stated Council had requested research and altern leave" program be done separately so as not to cause further delay in and approval of the new employee handbook. He then stated little "volunteer leave" program around. He noted that the League of making financial contributions to certain types of Councilmember Turgeon stated her intent was to use If that required a rewrite of the sick leave policy she this time. volunteer efforts. that effort at Councilmember Lizee stated she did not view the accumulated sick leave. She did recomme organizations, corporations, and school benefits of volunteering. She also stated contribute to the City, the Lake Communiti as one that would make use of to volunteer their time to private were being educated on the employees to feel they could as a volunteer. Mayor Love suggested that a volunteer leave policy. and in the future consider None. 5. the City Council Work Session Meeting of October Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD CITY COUNCIL EXECUTIVE SESSION MONDAY, OCTOBER 16,2006 5755 COUNTRY CLUB ROAD CONFERENCE ROOM 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION Mayor Love called the meeting to order at 6:05 P.M. Discussion ensued A. Roll Call Present: Mayor Love; Councilmembers Callies, Lizee, Dawson; Attorney Keane; Special Counsel Kim Wellens; Administrator of Public Works Brown Absent: None B. Review Agenda Without objection from Council, Mayor Love 2. REVIEW OF AFFADAVIT Special Counsel Kozar stated the purpose Section 13d.05 Subd. 3(B) for the matter of Johnson v. Johnson v. City of was pursuant to Minn. Stat. and litigation strategy in File No. 27 CV 06-550 and 04-0 16195 . 3. Session Meeting of October 16,2006, at Woody Love, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk 1#2D I PAYABLESAPPROVALS For 10/23/06 Council Meeting Prepared bY/I!). , Michelle T. N L Date: , Sf. Accounting Clerk Date: /Pj;9ft~ e Director Approved by: Craig Date: Date: e , Sf. Accounting Clerk Date: / 0/;, ~,h PAYROLL APPROVALS For 10/23/06 Council Meeting Reviewed by: Bonnie Burton, Fi Director Approved by: Craig son, City Administrator Date: CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: October 9, 2006 RE: Mayor and City Council Members Jean Panchyshyn, Executive Secretary/Deputy clerj~ Craig W. Dawson, City Administrator/Clerk ro Tobacco Licenses for 2006-07 TO: FROM: CC: This Resolution issues the mmuallicense for the sale of tobacco products to five establishments in Shorewood. The current licenses expire on October 31,2006. All applicants have submitted appropriate documentation for license renewals. The renewal license period is November 1, 2006 to October 31,2007. There have been no violations reported to date during the past year. COUNCIL ACTION Approval of a Resolution issuing licenses to establishments to sell tobacco products. #" t . PRINTED ON RECYCLED PAPER ... CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION APPROVING LICENSES TO RETAILERS TO SELL TOBACCO PRODUCTS WHEREAS, the Shorewood City Code, Sections 302 and 1301 provide for the licensing of the sale of tobacco products in the City; and WHEREAS, said Code provides that an applicant shall complete an application, and shall pay a licensing fee; and WHEREAS, the following applicants have satisfactorily completed an application and paid the appropriate fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a License for the sale of tobacco products be issued for a term of one year, from November 1, 2006 to October 31, 2007, consistent with the requirements and provisions of Chapter 302 of the Shorewood City Code, to the following applicants: Applicant Address Cub Foods Shorewood Holiday Stationstore # 12 Oasis Market Shorewood Liquor Store # 1 Shorewood Liquor Store #2 23800 State Highway 7 19955 State Highway 7 24365 Smithtown Road 19905 State Highway 7 23670 State Highway 7 ADOPTED by the City Council of the City of Shorewood this 23rd day of October, 2006. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years · 1956 - 2006 MEMORANDUM FROM: Mayor and City Council Craig Dawson, City Administrator Larry Brown, PE, Director of Public Works Steve Gurney, PE, City Enginee~~ October 23,2006 TO: DATE: RE: Set Date of Public Hearing on Proposed Assessment for Watermain Improvements as part of the Wedgewood Drive, Mallard Lane and Teal Circle Road Reclamation Project As the construction on Wedgewood Drive, Mallard Lane, and Teal Circle continues, we have reached a point where the costs associated with the watermain installation portion of the project have been determined. As you are aware, field modifications have resulted in an increase in the construction costs, but we do not expect the costs to exceed the amount that was used to calculate the preliminary assessment roll. Therefore, we do not expect any deviation from the preliminary assessment roll, except for the properties that have requested that the connection fee be included in the amount assessed against their property. The total amount of the proposed assessment is $334,552, compared to the original amount of $315,351. This is due to an increase of $1,4 77 for 13 properties that have requested an assessed amount certified of $1 0,000 so that their connection fee could be assessed as well. This added assessment is voluntary, and does not impact the assessed amount of the other properties listed on the assessment roll. Attachment 1 is the official notice that will be published in the Sun-Sailor on October 26, 2006. Attachment 2 is a draft of the proposed assessment roll. Property owners and Pill's will be verified before this is sent to each property owner. As outlined in statute, the mailing to each property must be done before October 30, 2006. Recommendation Staff is recommending approval of the resolution that declares the costs of the watermain to be assessed, orders preparation of the proposed assessment, and calls for public hearing on November 13, 2006 on the proposed assessment. A resolution is included for your consideration. #" f' . PRINTED ON RECYCLED PAPER ... City of Shorewood (Official Publication) NOTICE OF NOVEMBER 13, 2006 PUBLIC HEARING ON PROPOSED ASSESSMENT CITY PROJECT 02-02 INSTALLATION OF W A TERMAIN AS PART OF WEDGEWOOD DRIVE, MALLARD LANE, TEAL CIRCLE ROAD RECLAMATION PROJECT TO WHOM IT MA Y CONCERN: Notice is hereby given that the City Council of Shorewood will meet in the Council Chambers of City Hall, 5755 Country Club Road, at 7 PM on November 13,2006 to consider, and possibly adopt, the proposed assessment for the improvement to install watermain as part of the Wedgewood Drive, Mallard Lane, and Teal Circle Road Improvement Project. Adoption by the council of the proposed assessment may occur at the hearing. The following is the area to be assessed: Wedgewood Drive Mallard Lane Teal Circle The proposed assessment roll is on file for public inspection at the city clerk's office. The total amount of the proposed assessment is $334,552. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the municipal clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to the district court pursuant to Minn. Stat. S 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk. Under Minn. Statute SS 435.193 to 435.195, the council may, in its discretion, defer payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom if would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this law and the ordinance adopted under it may, within 30 days of the confirmation of the assessment, apply to the city clerk for the prescribed form for such deferral of payment of this special assessment on his property. Craig W. 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E-< '" ~ o 0:: C Q) E '" '" Q) '" VJ <{ --' <{ z u: VJ o ~ ....:I ~ "d '" o ::E o o M '" ~ o o N 0; ~ o ~ CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT AND CALLING FOR HEARING ON PROPOSED ASSESSMENT W A TERMAIN INST ALLA TION AS PART OF WEDGEWOOD DRIVE, MALLARD LANE AND TEAL CIRCLE ROAD RECLAMATION PROJECT CITY PROJECT 02-02 WHEREAS, costs have been determined for the improvement of watermain installation as part of the Wedgewood Drive, Teal Circle and Mallard Lane Road Reclamation project and the total cost of the improvement, including expenses incurred or to be incurred in the making of such improvement, will be $334,552.00; and WHEREAS, City Staff has prepared proposed assessment and filed such proposed assessment in the City office for public inspection. NOW, THEREFORE BE IT RESOLVED that the City Council of Shorewood, Minnesota: 1. The cost to be assessed against benefited property owners is declared to be $334.552.00. 2. Assessments shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2007, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The city clerk, with the assistance of the city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. A hearing shall be held on the 13th Day of November, 2006 in the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 5. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. A mailed notice shall also be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Shorewood, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Shorewood the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 23rd day of October, 2006. ATTEST: WOODY LOVE, MAYOR CRAIG W. DAWSON, CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator October 19, 2006 Extension of Recycling Contract Shorewood is one of six cities in the Lake Minnetonka Recycling Group, along with Wayzata, Minnetonka Beach, Spring Park, Mound, and Excelsior. For about 20 years, these cities have negotiated jointly for separate contracts for recycling services. The current contract went into effect with E-Z Recycling in 2004 and expires at the end of 2006. The recycling service provided is for weekly collection of separated recyclables. About a year ago, Waste Management, Inc., bought E-Z Recycling, and in the process its contract for recycling services as well. Waste Management went to the six cities individually to propose a bi-weekly "single-sort" system at the same price as well as a contract extension. In a single-sort system, recyclables are not separated but rather all put into one large waste container, identical to a trash container except for the color of the lid. Waste Management stated that participation rates and the amount of material collected were greater under the single-sort system than multiple-sort systems due to greater convenience for residents. City staffs were concerned about the long-term viability of single-sort systems. Years of effort in separating recyclables have provided reliable streams of these commodities, which are more valuable (particularly for glass) when they are not "contaminated" by being mixed with each other. If market conditions change where single-sorted material is not acceptable, it will be difficult to change behavior or regain participation if residents are required to revert to multi-sort. Under the sponsorship of the City ofWayzata, the six cities have received a $15,000 grant from Hennepin County in August. The firm of Dan Krivit and Associates is developing a multi-faceted Request for Proposals (RFP) and will assist with negotiations for the package that will best fit the preferences of each City individually. The timing of the grant cycle and final action by the County Board prevented much work getting started until September. The process for the RFP, evaluation, negotiation and execution of contracts will take about six months, thus beyond the end of the current contract. Waste Management, Inc., has indicated its willingness to extend the current contract to March 31, 2007, with no change in the price for services. RECOMMENDATION: Staff recommends that the City Council authorize the three-month extension of the contract for recycling services with Waste Management, Inc., and maintain the current price for service. #" t,.J PRINTED ON RECYCLED PAPER WASTE MANAGEMENT October 17,2006 Lake Minnetonka Recycling Group (Mound, Spring Park, Excelsior, Wayzata, Shorewood, and Minnetonka Beach) Dear Lake Minnetonka Recycling Group; Thank you for meeting with Steve Metz and myself to discuss the extension on your recycling contracts. Waste Management of MN, Inc has agreed to extend the present recycling contract until March 31, 2007 for the cities of the Lake Minnetonka Recycling Group (Mound, Spring Park, Excelsior, Shorewood, Minnetonka Beach and Wayzata) at the current rate and service level. I look forward to receiving the RFP. Please feel free to contact me at anytime with questions or concerns. Sincerely, Pam Pfeiscfiac~r Pam Fleischacker Municipal Marketing Manager Waste Management CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM FROM: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works Steve Gurney, City Engineer ~~ October 30, 2006 TO: DATE: RE: Accept Improvements for Barrington Planned Unit Development The Barrington Planned Unit Development is a 22-unit townhome development located north of ExcelsiorBoulevard (see Attachment 1). Public improvements for the development included the installation of a sanitary sewer system, a storm sewer system, and watermain. The road improvements constructed as part of this project will remain under the ownership of the homeowners association. In accordance with the development agreement, the developer has posted an Irrevocable Letter of Credit covering 150% of the anticipated costs of the improvements. Once the public improvements have been accepted and all other requirements of the developer's agreement have been met, the letter of credit is released. The only outstanding item is for the developer to provide record drawings - both mylar and paper copIes. Recommendation Staff is recommending approval of the resolution which accepts the public improvements for the Barrington Planned Unit Development, subject to the developer providing mylar record drawings. A resolution is attached for your consideration. #" t t PRINTED ON RECYCLED PAPER ... \ I I 1 \ \ \ I 1 I \ I I 51 .....1 C)\ Zl -I a:1 a:\ <tj en 'I' 1 I \ -~ \ "q,j, ~ I .. ~ / 1.,. ~. \~ I ~q{"}~ \ ~ ~"7. I r 'e ~'1<''''~ .? / I -.." \'\-! ~lv ...." >)00 ../ \ \~~~\ . dJi,/l", \ ~~~ \ ~ <-.!! I ~a:::l 'Vi .. .J. - >- - 'qp~, ~~ C~ ,- C:) C:) 'C r..: C~ f3 .\ dlH51.w..Oi Ii' HOLLO.:r.:. ~ Cl.:l.LDV IIY ...~....., -, ""'.. ..--3Kl. JO ll3J..vno ls:>\\Kl.f1OS 31{J. JO 3Nn lSV3 , o~ Iqin ~) ~ '<D '" " .'- \. 1Si5l5 ~U..J \ 1'~, " i-r<;r-" - - - - /\, :~c-.\ ~ i "j-l,'\, I " lffi 1",\ , ~~ .'&~\ ~ it: I- \. t- a::i! " S f::S C ' ~,l ....... ':l! I- :l :::l C M.6\,tio.QQS ~Q'66~ 'r'~", S9'"6' . . /!I.6 ~,ty.QQS ----- " ... % C "' :z: " < "' III "' < " "' < % ,.. - ... < - a: .... C I- C ~- S06.....g''l.~.E 85.00 "'- 1\"'~5'~\l''fl ...~>~~... gg ~~ OO'lllI AI.61,tt.COS ",l.. . ~ g oj .. o ;l g .. N l" T ., 1n l; OO.tIJ h\.r~,gS.5OS ffi 8 001:t CO.t ~ o :il I"t"I. 8 llJ v...J g ~ l- S l! 8 ~ it ~~ 66.00 l" ';l -'f g ~~ \ \ \ ' --- ~ ) /- VI ~'~i / ," !,\, · ~ 0 ~ ~ (I r ~~ \ ./__ oJ I!: / ~~ <:;) I- "'~ \ ;;!1: ~\ \,'j ~ ~ ~ it t1~ v ~~,'\ .\ \ ': >.... \li~ ) \, I j 4, ~\i! l!l .. ... \ ~ ~~ ~ \ '1' It ~ ) % C~ ~~~:l N I /1' : ~ \ CU ~ iii i\ /~if\ ~,.. \ : ) III III a: 1/ \ ~ ~ : Uj ........'11 (: \~ C ~ \ I .//j.~" \ \ l I I ~i \ \ ! / I ~i \ \ d / I.i 0. d \ l I ~!!' ~i~ . 'lS3'oI \:t 3llNVH 'HJ.llOH ! ~ Ltg I LU dlH5HMOl 5l: NoI1~3S .0 ll3.1llVno 153A\KLI1OS V II? \ I .'___ 3H1. ;0 ll3.1llVno lS:oIIl{J.n05 3Hl. .lO 3N11 .L53A\;'~ " -L _",.--.J _ _ _\ ~ r"<:- ~ l/-m 'r 5ll!; I J d: ~I 'v <a I /) .zuS........ .... ~3 14" - - ;1;5' 'l.'A-" -- ~F ~ ,,'I> - 'lc .. '-.{" _ - I"__,,/,,? ~ '/.6,.6\ "../,,, ,\-qt /'" ,r ..:,., 1l'1'1l'L'L fl.o1J' ~tlOfl. i'l.\"'ll ~\1'Q -- ~ cow H...61.tt.OOS :; 0 ~ ... 0 ~ % 00'1111 "0&'~9''L~'W ~ ~~ z ~~ .... Pi ~ .. 11\ I" Pi ... e .. 11\ ~ ... en '" ~ or> \/J 001:. 001:. OO"tB 3.1:l:,99.50~ j- C) G~ ~~ lo.l 'N '" ;... I" en ~ <c. ... 0. "' U .. W ... ~ I 1 1 I- :z: l> "' % ::I < "' III W < " '" < % . -' ~ -",.0, ~~....V Xl-' t.. I~\. ~~i4" rJI tv ~ / w / Q-Ill ;0 " '< o -- :-- -- l() . ~d<- \<0"'.... I 'ltl'1l\\;'r:i. -- \..,c&J' ~" _ ,,1, " -- ""- SSC;Zl:-l --- ...... ~ l.; - Attachment # 1 RESOLUTION NO. 06- A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS IN THE PLAT OF THE BARRINGTON PLANNED UNIT DEVELOPMENT WHEREAS, on September 17, 2004 the City of Shorewood entered into an Agreement with Capestone Builders for the development of certain property known as the Barrington Development Project; and WHEREAS, Paragraph 2 of said Development Agreement provided for the Developer to construct and install certain enumerated public improvements within the plat of said property, which public improvements included installation of a sanitary sewer system, a storm sewer system, and watremain; and WHEREAS, Paragraph 17 of said Development Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and WHEREAS, the developer has completed construction and installation of the sanitary system, storm sewer system, and watermain; 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, and watermain improvements in the plat of Barrington Planned Unit Development. 2. That the Developer shall provide to the City record drawings. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of October, 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.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years · 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: October 19,2006 RE: Authorization for Expenditure of Funds - Water Fund For Repairs to the SE Area Filtration Plant. The SE Well Facility and Iron Removal plant are located on the Silverwood Park property, shown in Attachment 1. The water pumped from the Jordan Aquifer, is water that has a very high iron content. After the well was installed in 1987, the City opted to install an iron removal plant in 1991 to address the high iron content. Since that time, the iron removal plant has operated sufficiently, with only minor issues for the iron removal plant. Attachment 2 is a diagram of one of the key components of the filter. This type of filter is what is known as a "green sand filter." As the water enters the filter, compressed air is added to the water, which in turn precipitates out the iron within the filter material. Based on the water demand, the filter will periodically "backwash," the filter material to remove the iron sediment that has been removed, and clean the filter. This back washing is accomplished by using a very high rate of air and water mix to stir the filter bed and scrub the filter media. During staffs routine monitoring of the filter, we noted that the performance of the filter had decreased dramatically. During further investigation, it was determined that at a minimum, it appears that the manifold system of pipes that delivers the air-water mix under the filter media has broken. The end result, is that very little of the filter bed is being back washed, because the delivery system for the air water wash has separated or broke. To repair the system, the filter media has to be removed, and the piping or manifold system replaced. Staff has discussed this issue with several consultants. The recommendations remain the same. We need to have the original manufacturer perform the work to insure that the filter is back within specifications and proper operation. In addition, this takes specialized equipment to perform, due to some of the other elements in the filter. #" t t PRINTED ON RECYCLED PAPER ... Mayor and City Council Authorize Expenditure of Funds SE Area Water Plant October 19,2006 Page 2 of2 Ironically, staff had been conducting a review of the facilities, and had determined that the life of the filter media, based on the current water demand was approximately 15 years. Thus, this item was to be scheduled as an addition to the 2007 Capital Improvement Program anyway. However, based upon the separated air water line, this work needs to occur as soon as practically possible. Staff has solicited a proposal from the original manufacturer, Tonka Filter Equipment. This proposal has been included as Attachment 3. The total amount of the proposal is $33,007. Staff had estimated the project, based upon similar projects at 35,000. Thus the proposal provided appears within reason. Recommendation Staff is recommending approval of the proposal, as shown in Attachment 3 from Tonka filter, for repairs to the SE Area Iron Removal Plant. 5755 Covington Road SE Area Water Plant ATTACHMENT 1 SITE LOCA nON MAP '\""l..~ ).- tO~' '..- J.t'),\g' t:........"...."ICA'..... f',.\IW~'y,;~p., "4, .... 'b P"",~.s.. if:.~~\"(,t)hj, 'F"'-, ,,:'^'f'''::'''\ii', ,I i ,"~4::1'c\c _e,~ \'='".1'''- ~t~\~~ "t'~~':;:'-l;'~'o~1,')'"T\1:1t;"'') ~~J."<<'"",, -'{"''''i-p, '6:;..,bo..,t3.,/c"\...l". oe,'! "";:-"",:lo...lt:-AA-r'ir;:.A\.L"{ b~A~'t:::i ~)'g:c'~k'i.::.>"'lt., h4FL~'l.4;,~i;' ~T1;'tt:Ifii'.:V",-"'1 Vt.'-''JL - ~,1 'F".,._.~;,:c.'ib.. ~e:.c:::.;:"\\r;:;;.\-., JP....." J&...:.._~---=~ ATTACHMENT 2 FIL TER DETAILS QUOTATION TONKA EQUIPMENT COM 763.55.WATER 763.559.2837 FAX: 763.559.1979 www.tonkawater.com P.O. BOX 41126 . PLYMOUTH, MINNESOTA 55441-0126 13305 WATERTOWER CIRCLE . PLYMOUTH, MINNESOTA 55441 TO: City of Shorewood, MN 5755 Country club Road Shorewood, MN 55331 Attn: Larry Brown RE: Filter refurbishment Quote Number: Date: Page: 8598-E 10/18/06 1 TonkaEquipment Company is pleased to quote the following for your consideration: A Tonka is to provide new filter media for the existing three-cell horizontal pressure filter. Media is to consist of a subfilllayer of gravel followed by 12" layer of graded gravels in accordance with A WW A B 1 00-96 specifications for filter material. Tonka is also to provide a 24" layer of sand with an effective size of .45 to .55 mm and with a uniformity coefficient of less than 1.65. All materials are to be shipped in one cubic foot bags and palletized. Freight to the jobsite is included. We offer the above-described Item "A" for the net lump sum price of . $11.059.00 TONKA EQUIPMENT COMPANY For terms of sale, refer to attached TERMS AND CONDITIONS OF QUOTATION AND SALE. For your convenience, this sheet may be used as your order for this equipment. Jeff P.merson Items Ordered P.O. Number Firm Name By (Print) Signature Total Net Price I Attachment #3 Project: Shorewood, MN Quote Number: 8598-E Date 1011 8/06 B Tonka is to provide a new PVC header/Iateral airscour system for the existing three-cell horizontal pressure filter. New airscour will fit existing tank connections and be built to today's construction methods. We offer the above-described Item "B" including freight to the jobsite for the net lump sum price of. $4.147.00 Tonka is to provide a high velocity high vacuum industrial vacuum truck operation for the removal of existing filter media from all three cells of the horizontal pressure filter. Once collected in the vacuum truck, the media will be taken to a designated area onsite assigned by City of Shorewood and disposed of. Tonka is to provide an entire crew for the installation of all the new subfill, drain down strainers, underdrain nozzles, media and graded. gravels into all three cells of the existing filter. The Tonka work crew along with the Tanka media supervisor will install each layer of media. Filter media will be installed in strict accordance with A WW A B 1 00-96 specifications for filtering material. All personnel involved in media installation are qualified under the confined space entry program. All personnel have received specified training according to OSHA25-SCFR 1910.120 including, but not limited to, confined space entry and rescue, fall arrest and lockout/tag out procedures and other specified training. Before entry into any confined space, the air will be monitored for appropriate oxygen and LEL levels. Upon completion of an air test, confined space entry permits will be filled out by the supervisor and posted near the entry point. A confined space entry rescue kit will be placed near the entry point. An individual will be present at all times at the entry point with a third person on ground level. A 9.1.1 audible alarm will be available should noise levels prohibit voice or visual commands. The TOl1ka work crew along with the factory supervisor for media installation will be included. We offer the above-described Item "C" for the net lump sum price of. $17.245.00 D Tonka is to provide three drain down strainers and ball valves for bottom of tank. We offer the above-described Item "D" including freight to the jobsite for the net lump sum price of. $556.00 NOTES: Page 2 of 7 Project: Shorewood, MN Quote Number: 8598-E Date 10/18/06 1. Equipment is quoted f.o.b. factory with full freight allowed to the jobsite. Suitable access shall be provided into the jobsite. 2. Quoted prices do not include any sales or use taxes. 3. Shipment of material and scheduling of services can be made within 3-4 weeks after receipt of purchase order 4. The attached Tonka standard terms and conditions are incorporated by reference into this quotation, will be a part of any binding agreement between you and Tonka, and cannot be modified by you whether by the terms of your purchase order or otherwise, except to the extent expressly accepted by Tonka in writing. You agree to abide by the terms of Section 1 ("General"), 3 ("Quotations") and 17 ("Confidential Information") of the Tanka standard terms and conditions with respect to the information contained in this quotation and any other information provided to you by Tonka, regardless of whether you submit an order or whether you and Tonka enter into a binding agreement regarding the purchase of the products described herein. 5. Unloading, rigging and storage are not included in this quotation. 6. Tonka Equipment Company can provide an additional start-up/service technician for the start-up operator training of the water plant personnel after the installation of the new filter media for the price of $750 per day plus travel and per diem expenses. 7. Any unforeseen problems that occur after removal of existing media will not be covered under this quotation. WE NOT INCLUDE THE FOLLOWING: 1. Disposal of removed media. 2. Any blasting or painting. 3. Any support hangers or brackets that may be required. 4. Any scaffolding that may be required. 5. The City of Shore wood shall be responsible for all disinfection chemicals and disinfection of the filter. 6. Any other components not specifically described within this proposal. We appreciate the opportunity to provide this proposal. Should you have any questions, please feel free to call. Page 3 of 7 Project: Shorewood, MN Quote Number: 8598-E Date I 0/ I 8/06 TERMS AND CONDITIONS OF QUOTATION AND SALE GENERAL All quotation$ furnished by Tonka Equipment Company ('Tonka'') or its authorized agents to you are intended for your use only. Any prderyou $ubmlt in connection with a quotation will not constitute an agreement unless and until Tonka sends you a written letter accepting your order (a "Letter of Acknowledgement"). You agree, however, that Sections 1, 3 and 17 of these terms and conditions will apply to all quotations and other materials provided to you by Tonka, regardless of whether you and Tonka subsequently enter into an agreement in connection therewith. All Qrcler$must be submitted in writing. In response to an order, Tonka may provide a Letter of Acknowledgement, which will constitute the entire agreement between you and Tonka and supersede all other agreements and undertakings, whether written or oral, between you and Tonka with respect to the subject matter therein. Terms and conditions of documents other than the quotation, the ~etter Of Acknowledgement and these terms and conditions shall not be deemed incorporated into the agreement between you and Tonkaunless such terms and conditions are expressly referenced in the Letter of Acknowledgement and only to the extent so referenced... In the event of an inconsistency between these terms and conditions and the terms set forth in the Letter of Acknowledgement, the terms ofthe Letter of Acknowledgement shall control, but only to the extent necessary to resolve such inconsistency. 2. PAYMENT Net .amount of invoice is payable in full within thirty (30) days of date of invoice, unless otherwise stated. 1-1/2% interest per month (but not to exceed the maximum amount allowed by law) will be added to all past due invoices, commencing as of the due date. In C1dcl.itiontoany. other rights or remedies that Tonka may have at law or equity, Tonka will be entitled to indefinitely suspend its performancehereunderfor so longa$ you have an invoice past due. Invoices may be submitted as partial shipments are made at the election of Tonk a at its sole discretion. If shipment is delayed by you beyond the scheduled date, payment shall be due in full when Tonka prepared to. make the shipment. If delivery is deferred, the equipment and material may be stored as provided in Section 7 below. Tonka reserves the right to conduct a credit check on you, and to reject an order in whole or in part, or to require full or partial advance payment in connection with any order, based on the results of such credit check. You agree that, if an event or events occur during the term of a particular order that Tonka reasonably believes may adversely affect your credit-worthiness, Tonka may require full or partial advance payment in connection with the remainder of such order. No CCish discount or early payment discounts will be allowed. You shall have no right to set off against amounts owed to Tonka. 3. QUOTATIONS Allwritten quotCitions automatically expire unless you submit a written order within ninety (90) days of the date of receipt. Clerical or stenographic errors in quotations are subject to correction. Oral quotations expire the same day they are originated. Thede$ign of all products listed in Tonka's catalog, product literature and website is subject to modification at Tonka's sole discretion. Tonka will furnish products which are interchangeable wherever possible, but reserves the right, at its sole discretion, to substitute products or parts or materials thereof. Tonka further reserves the right at any time to discontinue the manufacture of any model or to make changes in design without incurring any obligation to furnish or install the same on products previously manufactured. All Tonka literature, including literature in electronic format, is maintained as a source of general information and is subject to change without notice. 4. TAXES Prices on the products specified herein do not include sales, city, state, federal excise, use, duties, or similar taxes. Wherever applicable, such tax or taxes will be added to the invoice as a separate charge to be paid by you, or in lieu thereof you shall provide Tonka with a tax exemption certificate acceptable to the taxing authorities. 5. DELIVERY vvhile Tonka will. use commercially reasonable efforts to meet all estimated delivery dates, all such delivery dates are approximate and cannot be guaranteed. The estimated delivery dates provided to you are contingent on third-party performance, supply availability, timelysubmi$sion of an order by you and acceptance of such order by Tonka, as well as other factors beyond the reasonable control of Tonka.IN NO EVENT SHALL TONKA BE LIABLE TO YOU FOR DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, COLLATERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING FROM OR IN CONNECTION WITH A FAILURE TO MEET AN ESTIMATED DELIVERY DATE. Page 4 of 7 Project: Shorewood, MN Quote Number: 8598-E Date 10/18/06 6. SHIPMENTS; ACCEPTANCE AILpricesare f.o.b.factory-warehouse, Plymouth, Minnesota, freight allowed to the job site, unless otherwise stated. All published weights are estimates and not guaranteed. All dimensions shown in catalogs are approximate. Title shall pass to you, and you shall assumeriskpfJoss, for all products upon delivery by Tonka to the carrier. You are responsible for payment of all loading, freight, shippil'lg, il'lsurance, forwarding and handling charges, taxes, storage, customs, export or import tariffs and all other duties or charges applicabletothe prodllctS after they are delivered by Tonka to the carrier. Method and route of shipment are determined at Tonka's soleidiscretion,unlessyouexpressly request in writing a particular shipment method or route and agree to pay for all special packing andotherexpensesincurred by Tonka with such shipment method or route. In no event shall Tonka be liable for shipping damages or delays. All breakage or damage claims should be filed with the carrier as soon as detected. Tonka will use reasonable efforts to assist you in securing an adjustment for any damage claims you file. A concealed-damage report should be filed with the carrier immediately whenever damaged products are received in intact containers. products will be deemed accepted unless you give Tonka notice within ten (10) days of your receipt of the product specifying the deficiencies that are the basis for rejection. All claims, including claims for loss, damages, shortages, or for any other cause, shall be geemedwaivedandreleased by you, unless made in writing within ten (10) days after your receipt of the product. You agree that, prior to your exercise of any remedies you may have at law or at equity, Tonka shall have sixty (60) days to cure, or to provide you with a reasonably acceptable proposal to cure, the identified deficiencies. 7. STORAGE If the products are not shipped within fifteen (15) days after Tonka notifies you that they are ready for shipping, for any reason beyond Tonka'sreasonable control, including your failure to give shipping instructions, Tonka may store such products at your risk in a warehOuse oryard or upon Tonkapremises, and you shall pay all handling, transportation and storage costs incurred in connection therewith. 8. INDEMNIFICATION Tonka will, at its own expense, defend any suit brought against you to the extent it is based on a claim that any product or any part thereof in the particular form sold by Tonka infringes a United States patent, but only on the condition that you shall promptly notify Tonkajn writing pfany such claims, and shall give Tonka full authority for the conduct of such suit, and shall render to Tonka (at Tonka's expense,for reasonable, documented out-of-pocket expenses only) whatever information and assistance may be reasonably required for such defense. Tonka shall pay damages and costs, if any, awarded against you in such suit, and if such product, or any partthereof,is held. to infringe and the use of such product or part is enjoined, Tonka shall have the option at its sole discretion of procuril'lgforyou the right to continue using such product or part, replacing the product or part with a non-infringing product, modifying the. product or part so as to avoid infringement, or removing the product or part and refunding the purchase price. Tonka will have sole control over the defense and settlement of any such claim. 9. INSTALLATION All dimensions shown in catalogs are approximate; you should obtain certified dimension drawings from the factory for actual construction. The Letter of Acknowledgement may provide for the performance of certain installation, testing or similar services by Tonka in connection with your order and, in such event, the performance of and compensation for such services will be governed by the express termsoftheLetterofAcknowledgement and these terms and conditions, including without limitation the last paragraph of this Section 9.lf,subsequent to the Letter of Acknowledgement, you request additional services from Tonka, you will reimburse Tonka for all costs associated with such services, as well as labor at a rate specified in the applicable agreement (or if no rate is specified therein, at Tonka's then-standard rates), and Tonka will invoice you monthly for such services, payment of such invoices to be governed by $ection 2 herein. These terms and conditions, including without limitation the last paragraph of this Section 9, will apply to the performance of services requested subsequent to the Letter of Acknowledgement. Exceptas expressly set forth in the quotation or Letter of Acknowledgement, you are responsible for all unloading, on-site storage and instclllatiol'l angallexpenses associated therewith. Tonka shall not be liable for any damages resulting from installation or handling by others.ltis<your responsibility to provide proper storage at the job site to protect the products from extreme temperatures, contamjnationordeterioration. Tonka is. not responsible for deterioration or rusting of Tonka-applied prime coatings on delivered products if the primed surface has not been painted in the field within sixty (60) days of arrival at the job site. You are responsible for clearing the job site of all obstructions and preparing the job site for installation or testing, and for ensuring reasonable access to the premises on which the product is situated or to be installed. Tonka will not be liable for any delay in provision of the services, any damages to the premises or any other damage or loss arising from the condition of the job site. You agree to indemnify, defend and holdharmlE:lss Tonkafrom any suit brought against Tonka to the extent it is based on a claim for bodily injury, personal injury, death or property damages or loss asserted by third party or any employees or agents of Tonka or you, respectively, in connection with services Page 5 of 7 Project: Shorewood, MN Quote Number: 8598-E Date I 0/1 8/06 provided by Tonka, lJnles.s such claim resulted from the recklessness or intentional malfeasance of Tonka or its employees or agents in connection with the performance of the services. 10.UMITEDWARRANTY Tonka will replace, repair or refund the purchase price of any products or parts thereof manufactured by Tonka which are found defeclivein materialorworkmanship, under normal use and service, for a period equal to the lesser of (i) twelve (12) months from the date ofyolJrJirstuse ofthe product, or (ii) eighteen (18) months from date of shipment from the factory. This obligation shall apply only to. Tonka-manufactured products that are proven to have been defective as of the shipping date. You will provide Tonka with immediate written notice of any such claim. Tonka's sole obligation shall be, at Tonka's sole election, to repair or replace, f.o.b., the defective product, Orrefund the purchase price allocable to such product. Tonka may require the return of the defective product, transportation prepaid, to verify the alleged defect. All applicable warranties are deemed null and void to the extent a product (i) has been modified in any manner by you or any person otherthan Tonka, unless such modification was authorized in writing by Tonka prior to the modification being undertaken, or (ii) has been improperly maintained or used by you or any other person. Tonka will warranty prime mover, starting equipment, electrical apparatus, pumps, valves, media, resins, air blowers, air compressors, auxiliary fittings and other parts or material not manufactured by it to the same extent as the warranty made by the manufacturer of such equipment and material. THI~ WARRANTY I~ IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND TONKA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH HEREIN. THE EXCLUSIVE REMEDY SET FORTH IN THIS SECTION 10 WILL NOT BE DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPQSE~OLONGAS TQNKA IS WILLING AND ABLE TO REPAIR, REPLACE OR REFUND THE PURCHASE PRICE OF THE WARRANTED PRODUCTS AS PROVIDED HEREIN. 11. LIMITATION OF LIABILITY INNQ EVENT SHALL TONKA BE LIABLE TO YOU FOR COLLATERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SP!:CIALDAI\IIAGES OF ANY KIND. YOU MUST COMMENCE ANY ACTION ARISING OUT OF, BASED UPON OR RELATING TOTHISAGREEMENT, OR THE BREACH HEREOF, WITHIN TWELVE (12) MONTHS FROM THE DATE THE CAUSE OF ACTION ACCRUED, OR SUCH SHORTER PERIOD AS IS EXPRESSLY SET FORTH HEREIN. 12. CANCELLATION You can cancel an order placed with Tonka at any time provided you agree to pay a cancellation charge, based on expenses and c:;ommitmentsabsorb.ed by Tonka. The minimum cancellation charge is 25% of the selling price for all standard products and 100% for all special products. Cancellation charges on third-party components will be subject to cancellation charges of the manufacturer. 13. >RETURNEDMA TERIAL Products can be returned for credit only upon written authority from Tonka. No returned products will be accepted for credit without Tonkaauthority. Only unused and current products manufactured by Tonka and purchased within 90 days of a return request will be acceptE)d. .. A minimum restocking charge of 20%, plus transportation costs, will be charged the purchaser for returned products. Produ<:;ts (or components thereof) or systems manufactured to your specifications cannot be returned for credit at any time. 14. EXPORT Standard terms for export require payment or irrevocable letter of credit, confirmed by a recognized banking institution acceptable to Tonka, providing for complete payment in United States dollars upon presentation of Tonka's shipping documents and invoices. Goods will be packed, boxed, or crated for underdeck overseas shipment in accordance with Tonka's standard commercial practice, unless otherwise specified. You willnot,;;Jtany time during the term of this agreement or thereafter, disclose, export, re-export, or divert any product supplied by Tonka, any system incorporating such product, or any technical information, document or material, or direct products thereof, to any countryorpersonto whom such disclosure, export, re-export or diversion is restricted by U.S. law unless all necessary and appropriate authorization has been obtained by the U.S. government. 15. FORCE MAJEURE If the performance of this agreement by Tonka is interrupted by labor shortages, strikes or labor disputes, whether or not the demands of Tonka shall be reasonable and within the power of either party to concede, or other inability to obtain necessary labor; acts of God, Page 6 of 7 Project: Shorewood, MN Quote Number: 8598-E Date I O!l8/06 including but not limited to epidemic, flood, earthquake, wind, hurricane, or other inclement weather; laws, proclamations, acts, regulations, ordinances, demands. or requirements of any governmental authority; explosion; accident; sabotage; revolution or insurrection;civilcommotion;blockade; embargo; lack of or failure of or other inability to obtain necessary transportation, fuel, power, material, machinery, equipment or facilities; delays caused by other contractors, subcontractors, or their subcontractors of any tier, or any materialmen or suppliers; or by any other cause beyond the reasonable control of Tonka, whether similar or dissimilar, foreseen or unforeseen, foreseeable or unforeseeable, existing or future, Tonka shall be excused from the performance of this agreement while and to the exlent it is prevented from so performing by anyone or more of such causes. Any such delay shall extend the time for completion of this agreement by not less than the duration of the delay. 16. GOVERNING LAW This agreement shall be governed by the laws of the State of Minnesota, without regard to its conflicts of laws principles. ANY ACTION BROUGHT IN CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT IN THE STATE AND FEDERAL COURTS OFTHE STATE OF MINNESOTA LOCATED IN MINNEAPOLIS OR ST. PAUL, MINNESOTA. 17. . CONFIDENTIAL INFORMATION You agree that you will not use, disclose, reproduce or otherwise make available to any person or entity any: (a) confidential or proprietary information of Tonka; (b) trade secrets of Tonka; or (c) any other information or data of Tonka which has been designated oris knoWn to be confidential or proprietary to Tonka, except to the extent disclosure to a project participant is necessary for the successful completion of such participants' responsibilities in connection with the project, which participants shall be made aware of the confidential nature of the information and the confidentiality obligations set forth herein. The foregoing obligations of confidentiality shaHnotapplyto any information which (i) was, at the time of receipt, otherwise known to you or any of your representatives without an obligation of confidentiality, (ii) was, at the time of receipt, published or otherwise known publicly, (iii) becomes known or available tOYOuoH:lny of your representatives without a breach of this agreement from a third party having a legal right to disclose such inforrTlation,{ivl.becomes part of the public domain without breach of this agreement by you, or (v) is required to be disclosed by law or court order, provided that you will giVe Tonka reasonable prior notice of such requirement and an opportunity to apply for a protective order or take otheueasonable actions to protect the confidentiality of the information at issue. Tonka's confidential information includes without limitation all quotations, specifications, bids, proposals, technical manuals and price lists. You agree that ifthere is a breach of this paragraph, Tonka will be irreparably harmed and entitled to seek and obtain temporary and permanent injunctive relief and such other equitable relief against the continuance of such breach without the requirement of posting a bond or undertaking or proving injury or other condition for relief, in addition to any other remedies that may be available to Tonka at law or in equity. 18. MISCELLANEOUS You.shall not assign this agreement or your rights hereunder or delegate any of your obligations hereunder to any other person without Tonka's prior written consent. This agreement shall be binding on each party and its successors and assigns, and assignment will not relieYeapartyofits obligations hereunder. For purposes of this agreement, any change of control of you (including without limitation theacql,tisitionbya third party of a controlling interest of your securities, or a merger, consolidation, exchange or similar transaction) shall be deemed an assignment. Any notice required to be given shall be in writing and shall be deemed duly given (i) two (2) days after the date of mailing if sent by registered or certified mail, return receipt requested, (ii) one (1) day after the date of mailing if sent by national oyernight courier, or (Hi) the date of sending by facsimile transmission or email (receipt confirmed), to the address, facsimile numberoremailaddress set forth in the Letter of Acknowledgement, or such other address, facsimile number or email address as the receiving party has previously specified in writing. The Letter of Acknowledgement may be executed in counterparts with the same effect as if the parties had executed one copy, and delivery may be evidenced by facsimile. References in the Letter of Acknowledgement or these terms and conditions to "document" or "writing" or similar terms shall include any document or writing in electronicforrnat.ordeliveredelectronically. Neither this agreement nor any other document, exhibit, term or provision included herein by express reference inth.e Letter of Acknowledgement may be modified except by a writing specifically referencing this agreement and the amended terms and signed by both parties hereto. If any provision herein shall be deemed or declared unenforceable, invalid or void by a court of competent jurisdiction, the same shall not impair any of the other provisions contained herein which shall be enforced in accordance with their respective terms. No failure or delay by Tonka to exercise any right, power or privilege provided hereunder or by applicable law shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power, or privilege preclude any other or future exercise thereof or the exercise of any right, power or privilege. The remedies provided herein shall be cumulative and shall not be exclusive of any rights or remedies provided by law. By>submitting an order to Tonka, you represent and warrant (i) that you have read, understand and agree with the terms and conditions contained herein, which will become a part of any binding agreement between you and Tonka, (ii) that, if you are a legal entity, you are duly organized, validly existing and in good standing under the laws of jurisdiction in which you are organized, and (iii) thattheorder has been duly authorized, executed and delivered by you, and, if accepted by Tonka, will constitute a binding obligation enforceaple against you according to its terms, subject only to bankruptcy, insolvency and other law affecting the rights of creditors generally and subject to general principles of equity. Page 7 of 7 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM Date: To: From: Re: Cc: October 16,2006 Honorable Mayor and City Council Members ~ Bonnie Burton, Finance Director/Treasurer ~ Sale of Bonds: General Obligation Water Revenue Bonds 2006A Craig Dawson, City Administrator (};> The City's bond consultant, Paul Donna, of N011hland Securities, will present the results of the 2006 G.O. Water Revenue Bond sale, at the October 23 City Council meeting. A sample resolution is attached for your review and Paul will provide the details regarding specific terms and conditions. Council will recall the projects that will be funded with this bond issue include: Woodhaven Interconnect ($275,000); SE Amesbury Connection ($880,000); and the water portion of the Wedgewood, Mallard, Teal Project ($250,000). Staff has a telephone conference scheduled for Thursday, October 19, with Moody's Investor Services for the purposes of assigning a bond rating to this sale. We anticipate they will affirm the City's CUlTent Aa3 rating. Council will recall the City's bond rating was upgraded from Al to Aa3 in July 2003. Prior to that, the last time the City's bond rating was upgraded was November, 1993. Recommended Council Action Staffrecommends adoption of the Resolution Awarding the Sale of 2006 G.O. Water Revenue Bonds, as presented by Bond Consultant Paul Donna, of Northland Securities. #" t t PRINTED ON RECYCLED PAPER ... ~ $1,450,000.00 City of Shorewood, Minnesota G.O. Water Revenue Bonds, Series 2006A 1(15- Year / Wraparound Scenario Table of Contents Report Sources & Uses Debt Service Schedule 2 Net Debt Service Schedule 3 G.O. Waler Revenue Bonds, I 9/5/2006 I 8:25 AM Northland Securities Public Finance -.-.---.. Preliminary I ~~'~~l~~?W~~d.,~~nnesota G.O. Water Revenue Bonds, Series 2006A I (IS-Year / Wraparound Scenario I Sources & Uses Dated 11/01/2006 I Delivered 11/01/2006 Sources Of Funds Par Amount of Bonds $1,450,000.00 Total Sources $1,450,000.00 Uses Of Funds Total Underwriter's Discount (1.300%) Costs of Issuance Deposit to Project Construction Fund Rounding Amount 18,850.00 30,145.00 1 ,400,000.00 1,005.00 Total Uses $1,450,000.00 G.o. Water Revenue Bonds, I 9/5/2006 I 8:25 AM Northland Securities Public Finance Page 1 -- I i I I I I I I I I i i ! I $1,450,000.00 City of Shorewood, Minnesota G.O. Water Revenue Bonds, Series 2006A I (20-Year / Wrap Scenario Table of Contents Report Sources & Uses Debt Service Schedule 2 Net Debt Service Schedule 4 G.O. Water Revenue Bonds, I 9/5/2006 I 8:25 AM Northland Securities Public Finance Preliminary $1,450,000.00 City of Shorewood, Minnesota G. O. Water Revenue Bonds, Series 2006A I (15- Year / Wraparound Scenario Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 11/01/2006 07/01/2007 39,930.00 39,930.00 01/01/2008 29,947.50 29,947.50 69,877.50 07/01/2008 29,947.50 29,947.50 01/01/2009 29,947.50 29,947.50 59,895.00 07/01/2009 29,947:50 29,947.50 01/01/2010 29,947.50 29,947.50 59,895.00 07/01/2010 29,947.50 29,947.50 01/01/2011 29,947.50 29,947.50 59,895.00 07/01/2011 29,947.50 29,947.50 01/01/2012 50,000.00 3.850% 29,947.50 79,947.50 109,895.00 07/01/2012 28,985.00 28,985.00 01/01/2013 120,000.00 3.900% 28,985.00 148,985.00 177,970.00 07/01/2013 26,645.00 26,645.00 01/01/2014 120,000.00 3.950% 26,645.00 146,645.00 173,290.00 07/01/2014 24,275.00 24,275.00 01/01/2015 125,000.00 4.000% 24,275.00 149,275.00 173,550.00 07/01/2015 21,775.00 21,775.00 01/01/2016 130,000.00 4.050% 21,775.00 151,775.00 173,550.00 07/01/2016 19,142.50 19,142.50 01/01/2017 140,000.00 4.100% 19,142.50 159,142.50 178,285.00 07/01/2017 16,272.50 16,272.50 01/01/2018 140,000.00 4.150% 16,272.50 156,272.50 172,545.00 07/01/2018 13,367.50 13,367.50 01/01/2019 145,000.00 4.200% 13,367.50 158,367.50 171,735.00 07/01/2019 10,322.50 10,322.50 01/01/2020 155,000.00 4.250% 10,322.50 165,322.50 175,645.00 07/01/2020 7,028.75 7,028.75 01/01/2021 160,000.00 4.300% 7,028.75 167,028.75 174,057.50 07/01/2021 3,588.75 3,588.75 01/01/2022 165,000.00 4.350% 3,588.75 168,588.75 172,177.50 Total $1,450,000.00 $652,262.50 $2,102,262.50 Yield Statistics Dated 11/01/2006 Delivery Date 11/01/2006 First Coupon Date 7/01/2007 First available call date Call Price Bond Year Dollars $15,631.67 Average Life 10.780 Years Average CoupDn 4.1726996% Net Interest Cost (NIC) 4.2932882% -.- True Interest Cost (TIC) 4.3179328% Bond Yield for Arbitrage Purposes 4.1639419% All Inclusive Cost (AIC) 4.5696269% IRS Form 8038 Net Interest Cost 4.1726996% Weighted Average Maturity 10.780 Years G.O. Water Revenue Bonds, I 9/5/2006 I 8:25 AM I I I Northland Securities Public Finance Page 2 I Preliminary $1,450,000.00 City of Shorewood,Minnesota G.O. Water Revenue Bonds, Series 2006A I (15- Year / Wraparound Scenario Net Debt Service Schedule Fiscal Date Principal Coupon Interest Total P+I Existing D/S Net New D/S Total 11/01/2006 01/01/2007 344,632.50 344,632.50 344,632.50 07/01/2007 39,930.00 39,930.00 39,930.00 01/01/2008 29,947.50 29,947.50 332,477.50 362,425.00 402,355.00 07/01/2008 29,947.50 29,947.50 29,947.50 01/01/2009 29,947.50 29,947.5_0 324,795.00 354,7 42.50 384,690.00 07/01/2009 29,947.50 29,947.50 29,947.50 01/01/2010 29,947.50 29,947.50 316,745.00 346,692.50 376,640.00 07/01/2010 29,947.50 29,947.50 29,947.50 01/01/2011 29,947.50 29,947.50 297,920.00 327,867.50 357,815.00 07/01/2011 29,947.50 29,947.50 29,947.50 01/01/2012 50,000.00 3.850% 29,947.50 79,947.50 174,155.00 254,102.50 284,050.00 07/01/2012 28,985.00 28,985.00 28,985.00 01/01/2013 120,000.00 3.900% 28,985.00 148,985.00 108,640.00 257,625.00 286,610.00 07/01/2013 26,645.00 26,645.00 26,645.00 01/01/2014 120,000.00 3.950% 26,645.00 146,645.00 111,365.00 258,010.00 284,655.00 07/01/2014 24,275.00 24,275.00 24,275.00 01/01/2015 125,000.00 4.000% 24,275.00 149,275.00 108,915.00 258,190.00 282,465.00 07/01/2015 21,775.00 21,775.00 21,775.00 01/01/2016 130,000.00 4.050% 21,775.00 151,775.00 111,395.00 263,170.00 284,945.00 07/01/2016 19,142.50 19,142.50 19,142.50 01/01/2017 140,000.00 4.100% 19,142.50 159,142.50 108,620.00 267,762.50 286,905.00 07/01/2017 16,272.50 16,272.50 16,272.50 01/01/2018 140,000.00 4.150% 16,272.50 156,272.50 110,770.00 267,042.50 283,315.00 07/01/2018 13,367.50 13,367.50 13,367.50 01/01/2019 145,000.00 4.200% 13,367.50 158,367.50 112,650.00 271,017.50 284,385.00 07/01/2019 10,322.50 10,322.50 10,322.50 01/01/2020 155,000.00 4.250% 10,322.50 165,322.50 109,250.00 274,572.50 284,895.00 07/01/2020 7,028.75 7,028.75 7,028.75 01/01/2021 160,000.00 4.300% 7,028.75 167,028.75 110,807.00 277,835.75 284,864.50 07/01/2021 3,588.75 3,588.75 3,588.75 01/01/2022 165,000.00 4.350% 3,588.75 168,588.75 112,117.50 280,706.25 284,295.00 01/01/2023 113,175.00 113,175.00 113,175.00 01/01/2024 113,925.00 113,925.00 113,925.00 01/01/2025 109,462.50 109,462.50 109,462.50 Total $1,450,000.00 $652,262.50 $2,102,262.50 $3,231,817.00 $5,334,079.50 G.O. Water Revenue Bonds, I 9/5/2006 I 8:25 AM Northland Securities Public Finance Page 3 RESOLUTION NO. 06- A RESOLUTION A WARDING THE SALE OF $ 1,450,000 GENERAL OBLIGA TION WATER REVENUE BONDS, SERIES 2006A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Shorewood, Hennepin County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1.01. It is determined that: (a) the City engineer has recommended the construction of various improvements to the City's water system (the "Project"). (b) the City is authorized by Minnesota Statutes, Section 444.075 (the "Act") to finance all or a portion of the cost of the Project (the "Project Costs") by the issuance of general obligation bonds of the City payable from the net revenues of the water system. The Project Costs are presently estimated by the engineer to be as follows: Proiect Designation & Descliption: Total Project Cost Project Costs Discount Allowance Costs of Issuance Rounding Amount $ 1,400,000 18,850.00 30,145.00 1,005.00 Total $1,450,000.00 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $1,450,000 General Obligation Water Revenue Bonds, Series 2006A (the "Bonds") pursuant to the Act to provide financing for the Project. 1.02. The proposal of (the "Purchaser") to purchase $1,450,000 General Obligation Water Revenue Bonds, Series 2006A (the "Bonds") of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 True interest cost: 1.03. The sum of $ being the amount proposed by the Purchaser in excess of $1,431,150 shall be credited to the Debt Service Fund hereinafter created, or deposited in the Construction Fund under Section 4.01 hereof, as determined by the City's financial advisor. The City Finance Director-Treasurer is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Administrator-Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.04. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Section 444.075 (the "Act"), in the total principal amount of $1,450,000, originally dated November 1, 2006, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and matUl1ng serially on January 1 in the years and amounts as follows: Year Amount Year Amount 2012 $50,000 2018 $140,000 2013 120,000 2019 145,000 2014 120,000 2020 155,000 2015 125,000 2021 160,000 2016 130,000 2022 165,000 2017 140,000 In accordance with Minnesota Statutes, Section 475.54, subdivision 17, the City Council: (a) determines that the Bonds are payable primarily from a source other than ad valorem taxes (i.e., net revenues of the City water system); (b) estimates that such primary source of payment is sufficient to pay when due the principal of an interest on the Bonds; and (c) determines that the primary source of payment is irrevocably appropriated to payment of the Bonds; all as further set forth in Section 4 hereof. 1.05. Optional Redemption. The City may elect on January 1, 2014, and on any day thereafter to prepay Bonds due on or after January 1, 2015. Redemption may be in whole or in 2 299434vl SJB SH230-38 part and if in part, at the option of the City and in such manner as the City will detelmine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each pmticipant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.06. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon sUlTender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of Oliginal issue. The interest on the Bonds will be payable on January 1 and July 1 of each year, commencing July 1,2007, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transfened or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. 3 299434vl SJB SH230-38 (c) Exchange of Bonds. When Bonds are sUlTendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds sUlTendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or UnauthOlized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthOlized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in fOllli, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so sUlTendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 4 299434vl SJB SH230-38 ./ (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to registered owners, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Northland Trust Services, Inc., Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Administrator- Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deli vel' all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director- Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator-Clerk and executed on behalf of the City by the signatures of the Mayor and the City Administrator-Clerk, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator-Clerk will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 5 299434vl SlB SH230-38 2.06. Temporary Bonds. The City may elect to deliver in lieu of plinted definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: No. R-_ UNITED STATES OF AMERICA ST ATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF SHOREWOOD $ GENERAL OBLIGATION WATER REVENUE BOND, SERIES 2006A Rate Maturity Date of Oliginal Issue CUSIP January 1,20_ November 1, 2006 Registered Owner: Cede & Co. The City of Shorewood, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above with interest thereon from the date hereof at the annual rate specified above, payable January 1 and July 1 in each year, commencing July 1,2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by Northland Trust Services, Inc., Minneapolis, Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby inevocably pledged. The City may elect on January 1,2014, and on any day thereafter to prepay Bonds due on or after January 1, 2015. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will detelmine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the 6 299434vl SJB SH230-38 pmticular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a pmt as "qualified tax exempt obligations" within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $1,450,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on October 23, 2006 (the "Resolution"), for the purpose of providing money to aid in financing various improvements to the water system of the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapter 475 and the principal hereof and interest hereon are payable primarily from the net revenues of the water system of the City in a special debt service fund of the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby confened. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the water system free from competition by other like municipal utilities; that adequate insurance on said plant and system and suitable fidelity bonds on employees will be canied; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Water Fund, into which it will pay all of the gross revenues from the water system; that it will also create and maintain a General Obligation Water Revenue Bonds, Series 2006A Debt Service Fund, into which it will pay, out of the net revenues from the water system a sum sufficient to pay principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net water system revenues. As provided in the Resolution and subject to certain limitations set fOlth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon sunender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attomey; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City 7 299434v 1 SJB SH230-38 will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its telllis, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Celtificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Shorewood, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Administrator-Clerk and has caused this Bond to be dated as of the date set fOlth below. Dated: CITY OF SHOREWOOD, MINNESOTA (Facsimile) City Administrator-Clerk (Facsimile) Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. NORTHLAND TRUST SERVICES, INC. By Authorized Representative 8 299434vl sm SH230-38 The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants In common UNIF GIFT MIN ACT Custodian (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and not as tenants in common Act. . . . . (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must cOlTespond with the name as it appears upon the face of the within Bond in every pmiicular, without alteration or any change whatever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion 9 299434vl SJB SH230-38 Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information conceming the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 3.02. The City Administrator-Clerk will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. Section 4. Payment; Security; Pledges and Covenants. 10 299434vl SJB SH230-38 4.01. (a) The City will create and continue to operate its Water Fund to which will be credited all gross revenues of the water system and out of which will be paid all normal and reasonable expenses of current operations of the water system. Any balance therein are deemed net revenues and will be transferred, from time to time, to a General Obligation Water Revenue Bonds, Series 2006A Debt Service Fund (the "Debt Service Fund") hereby created in the Water Fund, which fund will be used only to pay principal of and interest on the Bonds and any other bonds similarly authorized. There will always be retained in the Debt Service Fund a sufficient amount to pay when due the principal of and interest on the Bonds and the City Administrator- Clerk must report any CUlTent or anticipated deficiency in the Debt Service Fund to the City Council. There is appropriated to the Debt Service Fund (i) any amount over the minimum purchase price of the Bonds paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in accordance with Section 1.03 and (ii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropnatIOns made in paragraph (a), together with any other funds appropriated during the construction of the Project financed by the Bonds will be deposited in a separate construction fund to be used solely to defray expenses of the Project and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Projects. When the Project is completed and the cost thereof paid, the construction account is to be closed and any balance therein is to be deposited in the Debt Service Fund. 4.02. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the water system as public utilities and conveniences free from competition of other like municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Fund as a separate account in the Water Fund and will cause money to be credited thereto from time to time, out of net revenues from the water plant and system in sums sufficient to pay principal of and interest on the Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and COlTect entries as to all transactions relating to the water system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it will fumish celtified transcripts therefrom upon request and upon 11 299434vl SJB SH230-38 payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause persons handling revenues of the water system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the water system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the water system as required by law. (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce, net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in net revenues. 4.03. It is hereby determined that the estimated collection of net revenues for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Administrator-Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager and to obtain the celtificate required by Minnesota Statutes, Section 475.63. 12 299434vl SJB SH230-38 Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. The Mayor; City Administrator-Clerk and Finance Director-Treasurer are authorized and directed to ce11ify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses, (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to Northland Trust Services, Inc. on the closing date for further distribution as directed by the City's financial adviser, Northland Securities, Inc. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 2006) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all 13 299434vl SJB SH230-38 tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2006 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions 14 299434vl SJB SH230-38 from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a celtificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Administrator-Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Administrator-Clerk will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond celtificate, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond celtificates as requested by DTC and any other registered owner in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 15 299434vl SJB SH230-38 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set f0l1h in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and cany out all of the provisions of the Continuing Disclosure Ce11ificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Celtificate executed by the Mayor and City Administrator-Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 16 299434vl SJB SH230-38 Section 9. Defeasance. 9.01. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevel1heless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 17 299434vl SJB SH230-38 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 18 299434vl SJB SH230-38 STATEOFMINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF SHOREWOOD ) I, the undersigned, being the duly qualified and acting Administrator-Clerk of the City of Shorewood, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on October 23, 2006 with the original minutes on file in my office and the extract is a full, true and conect copy of the minutes insofar as they relate to the issuance and sale of $1,450,000 General Obligation Water Revenue Bonds, Series 2006A of the City. WITNESS My hand officially as such Administrator-Clerk and the corporate seal of the City this day of ,2006. City Administrator-Clerk Shorewood, Minnesota (SEAL) 299434vl S18 SH230-38 ST ATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGER'S CERTIFICATE AS TO REGISTRATION WHERE NO AD VALOREM TAX LEVY COUNTY OF HENNEPIN I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby celiify that a resolution adopted by the City Council of the City of Shorewood, Minnesota, on October 23, 2006, relating to General Obligation Water Revenue Bonds, Series 2006A, in the amount of $1,450,000, dated November 1, 2006, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this _ day of ,2006. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) By Deputy 299434vl SJB SH230-38 NORTHLAND SECURITIES TABULA nON OF BIDS SHOREWOOD, MN $1,450,000 GENERAL OBLIGA nON WATER REVENUE BONDS, SERIES 2006A AWARD: CREDIT RATING: MOODY'S INVESTORS SERVICE U Aa3u PIPER JAFFRA Y DA TE OF SALE: MONDAY, OCTOBER 23, 2006 NET INTEREST COST $632,658.72 BIDDER PRICE PIPER JAFFRA Y Kansas City, MO $1,442,607.95 UMBBANK Kansas City, MO $637,455.25 CRONIN & CO. Minneapolis, MN $640,629.48 WELLS FARGO BROKERAGE SERVICES Minneapolis, MN $645,336.67 TRUE INTEREST COST 4.058646% 4.086933% 4.106425% 4.127135% Main Office 45 South 7th Street, Suite 2500, Minneapolis, Minnesota 55402 Main Office Toll Free 1-800-851-2920 Iowa Office 1309 South Main Avenue, Sioux Center, Iowa 51250 Toll Free 1-888-794-2370 Direct 712 722-2370 Fax 712 722-2376 South Dakota Office 215 West Sioux Avenue, Pierre, South Dakota 57501 Toll Free 1-877-224-5557 Direct 605-224-5557 Fax 605-224-9554 www.l1orthlandsecurities.com Member NASD and SIPC CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: October 19,2006 RE: Update on Wedgewood Drive, Teal Circle, and Mallard Lane Reconstruction Project. Despite the recent weather patterns, the Wedgewood Drive, Teal Circle, and Mallard Lane, Reconstruction project has slowly plodded along with a substantial amount of progress each day. The goal of the project has always been to get the edge control in, along with the base course of asphalt in this fall. The final layer of asphalt and final cleanup was anticipated to follow in the spring of 2007. As noted earlier, the contractor is to be commended on the progress of the job, despite the rains that have taken place. They have truly done a remarkable job in keeping the roadway in a travelable condition, despite these rain events. However, it is to be noted that this has added a significant amount of cost to the project, in rock materials, to stabilize the roadway on a temporary basis. At the weekly progress meeting, conducted on this date, the following schedule was put in place. Completion of watermain and water service work: Completion of storm sewer: Completion of road preparation: Placement of edge control Placement of asphalt base course October 19, 2007 October 25, 2007 October 31, 2007 November 1, 2007 November 6, 2007 As always, these dates are tentative, based upon weather and unforeseen conditions. To accomplish this schedule the contractor has requested to work the next two Saturdays between the hours of 8:00 a.m. and 5:00 p.m. Staff concurs that the time is needed to complete the tasks scheduled. #" t.J PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 3 OCTOBER 2006 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Bailey called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Bailey; Commissioners Conley, Gagne, Gniffke, Meyer, Schmitt, and Woodruff; Planning Director Nielsen; and Council Liaison Turgeon Absent: None APPROVAL OF MINUTES 19 September 2006 Gagne moved, Woodruff seconded, Approving the Planning Commission Meeting Minutes of 19 September 2006 as presented. Motion passed 6/0/1 with Gagne abstaining due to his absence at the meeting. 1. 7:00 P.M. PUBLIC HEARING - CONCEPT STATE APPROVAL FOR RESIDENTIAL P.U.D. Applicant: Mark Kawell Location: 20025 Manor Road Chair Bailey opened the Public Hearing at 7:03 P.M., noting the procedures utilized in a Public Hearing. He explained items recommended for approval that evening would be placed on an October 23, 2006, Regular City Council Meeting Agenda for further review and consideration. Director Nielsen explained the history of the case, noting Mark Kawell, who represented Richard Bowman, proposed subdividing the property located at 20025 Manor Road into four single-family residential lots. The result of that subdivision would be three new building sites (Lots 2 - 4, which would be located in Deephaven), plus Mr. Bowman's existing homesite (Lot 1). He noted the property was approximately 10.6 acres and it straddled the ShorewoodlDeephaven boundary. Nielsen went on to explain the subject property was characterized by very interesting terrain, basically high, wooded upland areas separating three wetland basins, one of which was referred to as Lake Hooper. The changes in topography were quite dramatic, with the Bowman residence sitting atop an elevation of 988, and the wetland basin in the Shorewood portion of the site dropping to approximately 956 in elevation. He noted the Bowman residence and a house at 20005 Manor Road were currently accessed by a private driveway. Nielsen then explained the property had been the subject of two previous subdivisions. The first was approved in 1990 and resulted in the creation of two lots (20005 Manor Road in Deephaven, and 20015 Manor Road in Shorewood). Both of these lots had since been built upon. That subdivision also created Bowman Court - a public right-of-way upon which a city street was to be constructed at such time as CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 2 of 11 additional lots were platted. That was memorialized in a three-way development agreement between the owner, the City of Shorewood and the City of Deephaven. In 2003 the two cities agreed to an amendment to the agreement that allowed the lot at 20001 Manor Road (in Shorewood) to be created, without construction of the street. He noted that lot was accessed directly from Manor Road, and a house had since been constructed on the lot. Nielsen also explained Mr. Kawell's proposal depicted Lot 1 (the Bowman residence) and Lot 2 (one of the new lots) would be served by a common driveway directly from Manor Road. The Bowman Court right-of-way would be vacated in favor of a private road serving the existing home at 20005 Manor Road and two new lots (Lots 3 and 4). He stated Mr. Kawell preferred not to have to build the city street because of the location of one of the wetlands. Nielsen then reviewed the location of the proposed lots on the concept plan. He stated Lot 4 would cross the ShorewoodlDeephaven boundary and the Lot 4 building site would be located in Deephaven. He noted part of the wetland basin on Lot 4 would reside in Shorewood. Nielsen stated Staff recommended the applicant pursue a planned unit development approach to the development of the site (at least on the Shorewood side). The City's P.D.D. ordinance allowed for flexibility in lot configuration, lot setbacks, etc. It also contained provisions that addressed private roads, private utilities, etc. He noted Deephaven did not have P.U.D. provisions in its code. He stated if the applicant used a P.U.D. approach, then the applicant could obtain a concept approval from Shorewood's City Council before going to Deephaven with a preliminary plat, thereby alleviating the "chicken and egg" issue of dealing with two cities. Director Nielsen stated the applicant had met with staffs of both cities. During the meetings with the City's Staff a number of issues were identified, and hopefully resolved. He reviewed what had been discussed and recommended: A. Lots. The proposed three new lots would be situated in Deephaven and, as such, should comply with its zoning standards for lot size and setbacks. Proposed Lot 1 would be located mostly in Shorewood and it would be approximately twice the area required in the R-lA zoning district. It had been suggested that the building locations for Lots 2 - 4 should be subject to Deephaven's approval. B. Access. The proposed common driveway that would serve the Bowman house and Lot 2 was a twenty-foot wide paved surface, not exceeding 12 percent grade, extending to a turn-around at the top of the hill. From there, a 12-foot wide driveway would extend to a new homesite on Lot 2. It was recommended that a carefully worded ownership and maintenance agreement be drafted for the common part of the driveway and turn-around. Since the common driveway would serve three lots, the southerly access drive would be considered (in Shorewood) to be a private road. A homeowner's association would be responsible for the maintenance of the road. The applicant stated far less site alteration would be required if a city street was not constructed as had been originally planned; a cul-de-sac would require considerable grading and some filling of the wetland basin in Shorewood. The proposed private road would be narrower than a city street and an Excelsior Fire District (EFD) approved turn-around would eliminate the need for the cul-de-sac. In a letter from the EFD dated 10 August 2006, the EFD stated because the proposed CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 3 of 11 buildings would be sprink1ered, the EFD would be willing to accept a 12-foot wide traveled surface instead of a 20-foot wide fire access road. Shorewood staff strongly advised that road, at least the Shorewood portion, be at least 14 feet wide in order to facilitate two cars passing one another. The applicant would have to work with the owner of 20005 Manor Road with respect to participation, if any, in a maintenance agreement for the private road. C. Utilities. The project would be served with sanitary sewer and water from the City of Shorewood. The sewer for Lots 2 - 4 would be installed using the directional drilling method. It was recommended that all utilities within the project be plivate1y owned and maintained by a homeowner's association. Ultimate approval of the project would include a requirement that the new lots pay Shorewood's local sanitary sewer access charges and water connection charges. Park dedication fees would be paid to Deephaven. D. Wetland Protection. Two of the wetland basins on the property were located in Deephaven. The westerly most basin was located in Shorewood. The Shorewood wetland was already protected by an easement in favor of the City. That easement should be expanded to reflect Shorewood's buffer requirement of 35 feet. Any approval should also specify that a 15-foot setback from the buffer was required. Those stipulations had no practical effect on the Lot 4 build site. E. Lot Addresses. The proposed plat would necessitate re-addressing at least the property at 20005 Manor Road, and possibly the Bowman residence. It was important the addresses be in order. The 20005 property would have needed to have been re-addressed even if Bowman Court were to have been constructed. F. Process. If the P.U.D. was approved by Shorewood's City Council, the applicant could go to the City of Deephaven with a preliminary plat, knowing that Shorewood was accepting of the project, and what issues need to be addressed from Shorewood's side of the boundary. If Deephaven's City Council was then agreeable, the applicant could submit Development Stage plans (including a preliminary plat) for Shorewood's consideration. Mr. Kawell stated the proposed platting of the property was done with strong consideration given to maintaining the lots' natural terrain as much as possible. Mr. Kawell then stated he had been involved in the subdivision that resulted in the lot at 20001 Manor Road and the construction of the house on that property, as well as the construction of the house on the lot adjacent to 20001 Manor Road (commonly known as the Apple Orchard lot). In both of those instances he had strived to maintain the lots' natural terrain, the forest land, and the wetlands. Mr. Kawell went on to state it was at the time of those developments that the concept of two private access roads rather than one had initially been considered. One road would have required the building sites to be located in more delicate areas because of setbacks. The new road off of Manor road, which would be 20 feet wide, would go as far as the existing cul-de-sac; that would allow the road and sewer line to remain outside of the wetland. It was decided to use the directional drilling method because it was the easiest way to get a sanitary sewer line to the development. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 4 of 11 Mr. Kawell then explained he wanted to propose an extension to the cul-de-sac (which would provide access to the Bowman residence and Lot 2) such that it would abut Lot 4; the extension would provide EFD safety vehicles access to Lot 4 directly off a 20-foot wide road and the cul-de-sac. He noted the fire hydrants would be located such that they would provide equal access to Lot 1, Lot 2, and Lot 4. He stated the proposed change would result in Lot 3 and 20005 Manor Road being the only properties that would have their EFD safety vehicle access off of the existing private drive. For that reason, Mr., Kawell requested the private road remain at 12 - 13 feet wide as he had proposed, rather than require the width to be increased to 14 feet, because that increase would result in the road being on the wetland boundary. In response to a question from Commissioner Schmitt, Mr. Kawell stated the distance from the fire hydrant to the building site on Lot 4 would be approximately 80 - 90 feet, which was less than the 150- foot maximum required by Code. Mr. Kawell requested the City re-consider its request that the sanitary sewer and water be privately owned. Deephaven preferred they were publicly owned, as it would be easier to gain approval for the project from Deephaven's Planning Commission and City Council if they were publicly owned. He stated Shorewood's Director of Public Works had stated to him that he would be more receptive to the sewer line being publicly held if it were a cast-iron line because of the steep grade. Mr. Kawell stated he did not think access would be any easier to a cast-iron underground sewer line, than it would be for a horizontally bored sewer line. He clarified that once the sewer line reached the top of the hill it would be installed using the traditional open construction method. Seeing no one present wishing to speak on this matter, Chair Bailey closed the Public Testimony portion of the Public Hearing at 7 :25 P.M. In response to a question from Commissioner Gagne, Director Nielsen stated the reason to change from the original plan to have the Bowman Court public right-of-way become a City street was because of the site alteration that would be required, and the original plan anticipated more lots than were currently being proposed. He noted the 1990 approval was given prior to the establishment of the Wetland Conservation Act. He commented Deephaven allowed private streets. He stated it was important the development agreement was written and protective covenants were drafted such that residents using the road understood it was a private road and the City had no responsibility to maintain the road. Commissioner Gniffke commented there had been previous instances where residents wanted private roads to be reclassified, which would require the City to be responsible for maintenance of them. He stated he would prefer the Bowman Court right-of-way be made a City street. Commissioner Conley questioned if widening the private road to 14 feet wide would actually make a significant difference relative to the impact it would have on the adjacent wetland. Director Nielsen stated the widening would be approximately 6 inches on each side of the road, and that minor adjustment should not have a significant impact on the wetland. Nielsen explained it was not anticipated that the private road would be replaced; the addition of some Class V rock and possibly some additional blacktop would be all that would be required. The reason a slightly wider road was suggested was to allow two cars to pass safely. He then stated he still supported Staffs recommendation to widen the road to 14 feet, but he could possibly be persuaded to change his mind. In response to a question from Commissioner Conley regarding the City's wetland buffer requirement of 35 feet, both the development agreement and another three-way agreement (between the developer, CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 5 of 11 Deephaven, and Shorewood) would list that as a stipulation. Nielsen stated, as Mr. Kawell had explained, the directional boring was proposed so as not to disrupt the hillside or the wetland. In response to questions from Commissioners Schmitt and Meyer, Director Nielsen stated Staff did not recommend altering the south end of the wetland during the road widening efforts; the road could be widened on either side. Commissioner Gniffke stated he lived on Ridge Road, which was a private road in Shorewood. He stated that road was only 12 feet wide. In the past the longer-term residents would back up to allow a car to pass them on the road, but newer residents pull over to the side ofthe road for a car to pass by. The pull-over practice had resulted in a lot of erosion being created. He supported the private road be widened to 14 feet. In response to a question from Chair Bailey, Director Nielsen stated the common driveway would serve three lots under the proposed configuration and by definition when a driveway served three houses it became a private road. In response to a question from Commissioner Gagne, Director Nielsen explained Staff had recommended the sanitary sewer line from Manor Road to the site be privately owned and maintained. He explained the sewer line would be made from material that was more flexible than PVC pipe. Also, problems would more likely occur in the services area, and there would not be any services in the sensitive area. With regard to the water line, it would also be constructed of flexible material. The City would have easement access to the both the sanitary sewer and water lines; the question outstanding was who would perform repalrs. Director Nielsen stated the City had cross-community agreements for providing sanitary sewer and water utilities to other cities. In one instance the residents paid Shorewood directly; in another instance the residents paid their city and that city paid Shorewood. In both instances, Shorewood had the authority to turn off a resident's access to water for nonpayment. Commissioner Schmitt stated if the utilities were to be publicly owned they should be built to public specifications. He then stated he was not sure what benefit it would be to Shorewood for it to be responsible for the maintenance of the utilities. In response to a question from Commissioner Woodruff, Director Nielsen stated the owners of the three new proposed lots would pay city taxes to Deephaven. He also stated the wetland basin located in Shorewood generated little if any tax revenue. Woodruff stated as long as Shorewood would not receive any tax revenue from the proposed development, the road should be classified a private road with the residents responsible for maintaining it. Commissioner Woodruff questioned if the sanitary sewer line and water line were publicly owned, would the construction of the utility lines be done any differently. Director Nielsen stated he did not know how the proposed utility lines would compare to City specifications. He noted the City did have some directionally bored utility lines. Chair Bailey summarized there were two key issues that had to be addressed - access to the properties and ownership of the utilities. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 6 of 11 Mr. Kawell again stated directional boring was chosen for the utility lines to minimize the impact on the sensitive areas of the property, and it was more costly to the developer to do it that way than it would be to remove trees and install the lines in the traditional manner. He clarified the line from the City connection in the street to the top of the hill that would be directionally bored. At the top the hill the man holes, hydrants, and stubs to the street would be dug in as was traditionally done. There was consensus amongst the Commissioners that the common driveway be widened to a 14 foot- wide private road. In response to a question from Chair Bailey, Director Nielsen stated Staff generally preferred the utilities to be publicly owned, but there had been instances where they had been privately owned. For example, a townhouse project on the north side of Christmas Lake had privately owned and maintained utilities until they reached the City street. Also, the Robert SE Peterson Addition on Christmas Lake had a privately owned cul-de-sac and privately owned and maintained utilities; in that instance the utilities were located under a private road and the City did not want to have to repair the road if the utility system needed repaIr. Director Nielsen suggested the Commission request the City Engineer and Director of Public Works address the pros and cons of public versus private ownership of the utilities for the development. He clarified the Staffs current recommendation was to classify the utilities as privately owned and maintained. In response to a question from Chair Bailey, Director Nielsen clarified the issue of utilities ownership should be addressed as an outstanding issue if the concept plan were to be recommended to the City Council for approval. Commissioner Conley suggested the City of Deephaven could own the portion of the development's utilities that start at the end of the directional boring, and the ownership of the utilities system at question would be the portion that was directionally bored. Director Nielsen suggested the City of Deephaven could own that portion of the utilities system starting at Manor Road and throughout the proposed development. Mr. Kawell stated that from his vantage point that was a reasonable recommendation, and he would present that recommendation to the City of Deephaven. In response to a question from Mr. Kawell, Director Nielsen stated there was precedent for joint ownership of components of sanitary sewer and water systems. In response to a question from Commissioner Schmitt, Director Nielsen explained the proposed development phases included - the concept plan, the development plan, and the final plan (which coincides the with final plat). Schmitt moved, Woodruff seconded, Recommending Approval of the Concept Plan for a Residential P.U.D. for Mark Kawell, who represented Richard Bowman who was the Owner of the Property Located at 20025 Manor Road, subject to Staff Recommendations, the Bowman Court right-of-way be widened to 14 feet wide and that it be reclassified a private road that would be privately maintained, to the City of Deephaven owning and maintaining the sanitary sewer and water systems from Manor Road throughout the development, and the proposed cul-de-sac be extended to abut Lot 4 to satisfy EFD fire safety requirements." Motion passed 7/0. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 7 of 11 2. 7:15 P.M. PUBLIC HEARlNG- C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ. FT. Applicant: Lance Black Location: 20270 Excelsior Blvd. Chair Bailey opened the Public Hearing at 7:54 P.M. Director Nielsen explained Lance Black had applied for a conditional use permit to construct a gazebo on his property, located at 20270 Excelsior Boulevard. He commented Mr. Black was not able to attend the public hearing because he was out of town. Nielsen then explained the floor area of the gazebo, when combined with his existing attached garage, brought the total area of accessory space on the property over 1200 square feet. The property was zoned R-1A, Single-Family Residential and contained approximately 88,009 square feet of area. Nielsen stated the existing house contained approximately 2100 square feet of floor area on the main floor alone. The existing garage, which was located at the southwest end of the house, contained 1156 square feet of floor area. The new gazebo would be located in the rear yard, approximately 160 feet north of the house. It was octagonal in shape and contained 150 square feet, which brought the total area of accessory space on the site to 1350 square feet. Nielsen then reviewed how the applicants' request complied with the four criteria specified in Section 1201.03 Subd.2.d.(4) of the City's Zoning Code. a. The total area of accessory space (1350 square feet) did not exceed the total floor area above _grade of the principle structure (2100 square feet - main floor only). b. The total area of accessory space did not exceed ten percent of the minimum lot area for the R-1A zoning district (.10 x. 40,000 square feet == 4000 square feet). c. The proposed garage and the existing house complied with the setback requirements of the R-1A zoning district. The new gazebo would be approximately 60 feet from either side of the property and approximately 100 feet from the edge of Foot Lake (which was designated wetland). Given the size of the property and the amount of existing vegetation on the site, drainage and landscaping were not considered to be issues in this request. d. The materials and design of the new gazebo were consistent with the character of the existing house and garage. He stated because the applicants' request was considered to be consistent with the requirements of the City's Zoning Code, Staff recommended that the conditional use permit be granted as requested. Seeing no one present wishing to speak on this matter, Chair Bailey closed the Public Testimony portion of the Public Hearing at 7:57 P.M. Gniffke moved, Gagne seconded, Recommending Approval of a Request for a Conditional Use Permit for Accessory Space over 1200 Square Feet for Lance Black, 20270 Excelsior Boulevard. Motion passed 7/0. CITY OF SHOREWOOD PLA1~NING COMMISSION MEETING October 3, 2006 Page 8 of 11 3. 7:30 P.M. PUBLIC HEARING - C.U.P FOR ACCESSORY SPACE OF PARK PROPERTY (Badger Park) Applicant: Southshore Center Location: 5735 Country Club Road Chair Bailey opened the Public Hearing at 7:59 P.M. Director Nielsen explained Jerry Brecke, on behalf of the Friends of the Southshore Center (5745 Country Club Road), had requested a conditional use permit for a small storage building to be located on Badger Field, a City owned property. The Center was located on a site that was carved away from Badger Field; and the City of Shorewood had donated the land to the Center when the Center was built. Because the amount of land donated was purposefully minimized, there was virtually no place to construct any kind of storage building on the site. He commented the Friends needed the storage space to house donated items to be sold at its annual attic sale, as well as seasonally used items. Nielsen then explained buildings located in parks were subject to conditional use permits; therefore, a C.U.P. was necessary to accommodate the Friend's request. He stated Council had authorized the Friends to make an application for the C.U.P. at its 11 September 2006 meeting. Nielsen went on to explain the proposed structure would be a single-story structure, which measured 12 feet wide by 24 feet long. The structure would have the appearance of a small, single-car residential garage. He then reviewed a drawing of the proposed structure. With regard to the analysis ofthis case, Director Nielsen stated the request was not without precedent. For example, the City had allowed South Tonka Baseball to locate structures within Freeman Park. Also, much of the Center's parking lot was located on and shared with Badger Field. He noted the City was a part owner of the Center. He stated if the Friend's were allowed to locate its building on park property, Staff recommended the same kind of conditions that were imposed at Freeman Park. Nielsen then reviewed how the proposed structure complied with requirements set forth in Section 1201.11 Subd. 4.b of Shorewood's Zoning Code (e.g., setbacks, parking/loading and screening). The proposed structure exceeded setback requirements; it was approximately 250 feet away from the rear lot line of Badger Field, and at least 300 feet from the nearest residential structure. The proposed building was separated from adjacent residential uses by a relatively thick band of trees, and was in keeping with residential buildings in the area. The proposed building would not take up any parking nor necessitate any new parking. Nielsen explained Staff had revised its recommendation for the building so that it would be located five feet back from the parking lot curb to facilitate snow storage. That location would necessitate shortening the proposed building from 24-feet long to 20-feet long because the terrain dropped off to a wetland area east of the building pad. It appeared a 20-foot long building could be accommodated without substantial site alteration and without interfering with the use of the football field located to the south of the building. Nielsen stated, Staff recommended the ownership of the structure be turned over to the City of Shorewood, a condition similar to the building on Freeman Park. The building could then be leased back to the Friend's for one dollar per year. He then stated the Friends would be responsible for ongoing maintenance of and insurance on the building. In the event the Friends ever ceased operation, the building would belong to the City. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 9 of 11 Nielsen then stated because the request involved the use of part of Badger Field, Staff recommended the Park Commission review and comment on the application. The item had been scheduled for the 10 October Park Commission meeting. At that time the Park Commission may want to consider what the color of the building should be; because the City of Shorewood did not have a theme for the buildings in Badger Field, it was suggested the colors of the new building reflect those of the Southshore Center. Nielsen explained Staff would stake out the location of the proposed building in order to better illush"ate where the building would be located. Nielsen stated if the C.U.P. was approved, Staffrecommended it include the following conditions: 1. The building should be limited in length to 20 feet and its northerly side should be located five feet back from the parking lot curb. 2. Until such time as it was demonstrated that maintenance of the grass became a problem, the strip of land between the building and the parking lot curb should be maintained as grass. If maintenance became an issue, class V rock should be placed between the structure's overhead door and the curb. 3. The building must meet the minimum requirements of the State Building Code. The Friends should carry the appropriate insurance during the construction of the building. The policy should name the City of Shorewood as co-insured. 4. Upon completion of the building, the ownership of the building should be turned over to the City of Shorewood, after which it should be leased back to the Friends for one dollar per year. The City Attorney should draft the necessary agreement. 5. The Friends should provide the City with evidence of ongoing insurance, both building and contents, naming the City as co-insured. 6. The conditional use permit should be subject to review and approval by the Shorewood Park Commission, including, but not limited to, the appearance of the building. Mr. Brecke stated the Friends would appreciate having adequate storage. He then stated the Friends were looking for guidance from the Planning Commission regarding the size and location of the structure. He did not foresee any problem with the structure length being reduced to 20 feet. Seeing no one present wishing to speak on this matter, Chair Bailey closed the Public Testimony portion of the Public Hearing at 8:09 P.M. Commissioner Gagne stated because he w&s a member of the Friends' Board he would not vote on the requested C.U.P. He then stated the Friends had always been short on space at the Center. He questioned ifthe proposed structure should have exterior lights. It was noted the building would be located between two light poles; and those lights were on all night. Therefore there would not be a need for exterior lights on the structure. Commissioner Woodruff questioned if there would be power inside of the structure, and if so where would the power come from. He recommended eliminating the glass windows in the overhead door and in CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 10 of 11 the structure to reduce vandalism. He stated he did not support having a sidewalk between the structure's side door and its overhead door. Mr. Brecke stated it would be infrequent for someone to be in the building when there was not daylight. He explained the structure's side door was located in near proximity to the overhead door; therefore, a sidewalk between the two doors was not necessary. He also explained there was a window located in the back of the building and one in the front of the building, and both were located as high on the structure as they could be to deter vandalism. He commented Horne Depot had designed the structure. In response to a question from Commissioner Woodruff, Director Nielsen stated the City would generally not put windows in a similar structure. He then stated if the Friends wanted the windows in the structure for the purpose of allowing light into the structure, he suggested the windows be made out of something that deterred vandalism (e.g. Plexiglas or grates). He also suggested the overhead door should not contain windows. Commissioner Conley stated he also recommended eliminating the windows from both the structure and overhead door. He did not understand why indoor lighting was not planned for the building; there should be, at a minimum, one overhead light. He noted there would be an additional cost for the lighting. He stated it was his preference that the apron between the parking lot curb and the overhead door be paved. Mr. Brecke commented interior lights would be nice addition, but it was not a requirement. Council Liaison Turgeon stated the structure would primarily be used by the Friends' Boardmembers and the Director of the Southshore Center. It would seldom be used during non-daylight hours. Woodruff moved, Conley seconded, Recommending Approval of a Conditional Use Permit for Accessory Space on Park Property (Badger Park) subject to Staff Recommendations, a paved apron between the parking lot curb and overhead door, and the structure and the structure's overhead door contain no windows. Motion passed 6/0/1 with Gagne abstaining to a potential conflict of interest. 4. DISCUSSION - NONCONFORMING ACCESSORY STRUCTURES Director Nielsen stated he was in the process of gathering information for future discussions. He said he had gathered information from the National Park Service regarding historic structures, but he had not gathered examples of city ordinances with regard to historic structures. He commented that he would provide the Commissioners with web site links to the example ordinance sites, rather than print out the same ordinances. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated the October 17, 2006, Planning Commission Study Session Meeting Agenda would include a Continuation of Discussions of Nonconforming Structures and Dock Regulations. The primary focus of the dock regulations discussion would be with regard to the definition of "one dock", and it would not address dock configurations because the number of possible configurations was extensive. CITY OF SHOREWOOD PLANNING COMMISSION MEETING October 3, 2006 Page 11 of 11 Council Liaison Turgeon questioned if the Commission would be addressing the Boulder Bridge Development's dock situation. She noted that the Development had initiated legal action with the LMCD regarding restrictions the LMCD had imposed. Director Nielsen stated the intent of the City's original ordinance regarding dock slips was to allow a residential property owner to have a maximum of four watercraft slips. That interpretation would be more restrictive than the LMCD's restriction. He commented the Commission may have to address what the definition of a slip was. 7. REPORTS . Liaison to Council Commissioner Schmitt reported on matters considered and actions taken at a September 25, 2006, Regular City Council Meeting (as detailed in the minutes of that meeting). Counci1member Turgeon and Director Nielsen supplemented Schmitt's comments. . SLUC No report given. . Other None. 8. ADJOURNMENT Gagne moved, Gniffke seconded, Adjourning the Planning Commission Meeting of 3 October 2006 at 8:42 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewoDd.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 28 September 2006 RE: Kawell/Bowman P.D.D. - Concept Plan FILE NO. 405(06.15) BACKGROUND Richard Bowman owns the property at 20025 Manor Road (see Site Location map - Exhibit A, attached). His home is situated on approximately 10.6 acres ofland that straddles the Shorewood/Deephaven municipal boundary. His representative, Mark Kawell, proposes to subdivide the property into four single-family residential lots, resulting in three new building sites (all of which are located in Deephaven), plus the existing homesite. The subject property is characterized by very interesting terrain, basically high, wooded upland areas separating three wetland basins, one of which is referred to as Lake Hooper. The changes in topography are quite dramatic, with the Bowman residence sitting atop an elevation of988, and the wetland basin in the Shorewood portion ofthe site dropping to approximately 956 in elevation. Currently, the Bowman residence and a house at 20005 Manor Road are accessed by a private driveway. This property has been the subject of two previous subdivisions. The first was approved in 1990 and resulted in the creation of two lots (20005 Manor Road in Deephaven, and 20115 Manor Road in Shorewood). Both of these lots have since been built upon. That subdivision also created Bowman Court - public right-of-way upon which a city street was to be constructed at such time as additional lots were platted. This was memorialized in a three-way development agreement between the owner, Shorewood and Deephaven. In 2003 the two cities agreed to an amendment to the agreement that allowed the lot at 20001 Manor Road (in Shorewood) to be created, without construction of the street. Its access comes directly from Manor Road. q'i> ~ t PRINTED DN RECYCLED PAPER "'.,. #8.A Memorandum Re: Kawell/Bowman P.U.D. - Concept 28 September 2006 Mark Kawell explains the current proposal in a letter dated 8 August 2006 (Exhibit B, attached). The Bowman residence (Lot 1) and one new lot (Lot 2) would be served by a common driveway, directly from Manor Road. The Bowman Court right-of-way would be vacated in favor of a private road serving the existing home at 20005 Manor Road and two new lots (Lots 3 and 4). This project is complicated by requiring approval from two municipal jurisdictions. Coupled with the somewhat sensitive terrain issues, staff has recommended that the applicant pursue a planned unit development approach to the development of the site, at least on the Shorewood end (Deephaven does not have P .D.D. provisions in its code). By using P .D.D., the applicant can obtain a concept approval from Shorewood before going to Deephaven with a preliminary plat. This alleviates the "chicken and egg" issue of dealing between two cities. A public hearing has been scheduled for the 3 October Planning Commission meeting to consider concept stage plans. ANAL YSISIRECOMMENDATION The applicant has met with staffs of both cities, resulting in a number of issues being identified, and hopefully resolved. Following is what has been discussed and recommended: A. Lots. Exhibit C illustrates how the proposed development would layout. The three new lots are situated in Deephaven and, as such, should comply with their zoning standards for lot size and setbacks. It is worth noting that all lots are in excess of the area requirements for Shorewood's R-1A zoning district. Lot 1 is mostly in Shorewood and is approximately twice the area required in the R-1A zoning district. It has been suggested that the building locations for Lots 2-4 should be subject to Deephaven's approval. B. Access. This is perhaps the most complicated of the issues raised. The common driveway serving the Bowman house and Lot 2 is a twenty-foot wide paved surface, not exceeding 12 percent grade, extending to a turn-around at the top ofthe hill. From there, a 12-foot wide driveway extend to the new homesite on Lot 2. It is recommended that a carefully worded ownership and maintenance agreement be drafted for the common part of the driveway and turn-around. Since it will serve three lots, the southerly access drive is considered (in Shorewood) to be a private road. While Shorewood has approved private roads very sparingly in the past, in this instance, the applicant is correct in stating that far less site alteration will result by not constructing a city street as originally planned. As can be seen on Exhibit C, the cul-de-sac would require considerable grading and some filling of the wetland basin in Shorewood. The private road will be narrower than a city street and a fire department approved turn-around will eliminate the need for the cul-de-sac. The fire department has commented on the plan in a letter dated 10 August 2006 (see Exhibit D). Since the proposed buildings will be sprinklered, the fire department is willing to accept a 12-foot wide traveled surface instead of a 20- foot wide fire access road. Shorewood staff strongly advises that this road, at least the Shorewood portion, be at least 14 feet wide in order to facilitate two cars passing one another. -2- Memorandum Re: Kawell/Bowman P.U.D. - Concept 28 September 2006 The applicant will have to work with the owner of 2005 Manor Road with respect to participation, if any, in a maintenance agreement for the private road. C. Utilities. The project will be served with sanitary sewer and water from the City of Shorewood. Model agreements are in place for this kind of cooperation. It is recommended that all utilities within the project be privately owned and maintained by a homeowner's association. The mechanics for requiring this arrangement are set forth in our P.U.D. provisions. The City Engineerwill comment on utility service under separate cover. Ultimate approval ofthe project will include a requirement that the new lots pay Shorewood's local sanitary sewer access charges and water connection charges. D. Wetland Protection. Two of the wetland basins on the property are located in Deephaven. The westerly most basin is in Shorewood. Shorewood's wetland protection standards are slightly different than Deephaven' s. The Shorewood wetland is already protected by an easement in favor of the City. This easement should be expanded to reflect Shorewood's buffer requirement of 35 feet. Any approval should also specify that a IS-foot setback from the buffer is required. This has no practical effect on the Lot 4 building pad. E. Lot Addresses. Ordinarily a very minor detail, the proposed plat will necessitate re- addressing at least the property at 20005 Manor Road. It should be realized that this propeliy would have needed to have a different address anyway, if Bowman Court were to be constructed. F. Process. As mentioned, Shorewood's P.U.D. provisions work well for this type of unique project. If approved, the applicant can go to the City of Deephaven with a preliminary plat, knowing that Shorewood is accepting of the project, and what issues need to be addressed from our side of the boundary. If Deephaven is then agreeable, the applicant can submit Development Stage plans (including a preliminary plat) for Shorewood's consideration. Cc: Craig Dawson Steve Gurney Larry Brown Tim Keane Gus Karpas Mark Kawell -3- -'l -'l ... -'l ... ... ... -'l -l o o o. ... :z.....c: 0 0 L() c:: (J.) 0 L() > N ('tj ..t: 0 a. Cl) (l) C - Exhibit A SITE LOCATION KawellIBowman P.U.D.-Concept Stage Plan mA~A. ~ELL A R....C Hit E C t + + August 8, 2006 City of Deephaven 20225 Cottagewood Road Deephaven, MN 55331 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Proposed sub-division of a 10.58 acre parcel which is partially in each city. We are proposing to sub dived a 10.58 acre parcel ofland to create four new single fan1ily residential lots. Lot 1 would include the existing residence at 20025 Manor Road. Each lot exceeds minimum lot size minimums by more than a factor of two. The design has been created with the consultation of the cities staffs to minimize the impact of development on the sites wetlands and woodland areas. The care taken in designing this sub-division is similar to that taken in developing the adjacent lots at 19915 and 20001 Manor Road which we did in previous years with the cooperation of both cities. This parcel is lmique in that it straddles the boundary between the cities of Deephaven arid Shorewood. Road access to all lots would be from Manor Road and private drives starting in Shorewood. The existing home which will occupy the new Lot 1 is in Shorewood. The homes on lots 2, 3 and 4 will be in Deephaven. A new private sewer will be installed and connected to the Shorewood sanitary sewer line. A new public water line will be installed and terminated with a hydrant. Lots 2, 3 and 4 will be built with automatic sprinkler systems in accordance with section of 503.1.1 of the 2000 International Fire Code. The access via private roads is compliant with the code. Each new lot has a large suitable building location well within the required setbacks. None of the building sites will encroach into the wetland setbacks or any steep slopes. The design ofthe new private road provides the best possible site-lines for entering Manor Road. The sewer and water lines have been designed to minimize the impact on the. sloped woodland by installation via horizontal boring. We look forward to answering any questions that you may have and working toward approval of our request. Mar . Kawell, AlA On behalf of Richard Bowman, property owner. Attached: Concept Plan on Survey by Terra Engineering dated 8.7.06. letter from Lee Berglund, Excelsior Fire District, copy of section 503.1.1- 2000 International Fire Code, applications to each city. 5748 Mahoney Avenue, Minnetonka, MN 55345 · Tel: 952-942-9982 · ' Exhibit B APPLICANT'S REQl.JEST LETTER Dated 8 Aug. '06 ----, - \ , , \ \ '. '. \ \ \ \ , , _--~J r--------- ~ -1---- --- ----"\ \ , \ \ , ' \ , \ \ , \ , \ \ , , ' , \ ' , , \ \ , ' \ \ ' , \ ' , , ' I , ' , \ ' \ , \ \ , \ , \ \ \._ __ _ _ ______\_-- _--- ~ __-l ----- "'" '\'\ \\\ , \ \, r ---- ---- - -....,~-- ----- - ---..\ \ ' \ \ ' , \ ' , I ' , \ ' I , I , , \ , \ \ II \ ' \ \ ' \ , ' I I I \ \ I I \ \ " \ I , , I , I \ ___....J L...-...-------....I..--- :/r_____, , , , , , , , , , , , '~l " , I I -,i I I , , , , I I , I / /- -, :' I I I I (---. ........... -- -- ............... ............ .~ ~ t"11;;; """,_ (/)/? G;.y l' "-, '-,-"~V,<J /2fll?/J " ", " <..) G(' ", Rli " .........,/ , I S 1~'AH:.f E : , I I 'M':TLANO HI (TOTAL 164 AC) NOR 934+- 'PROX 'M':TLAND T '44' 49" E C. O'rV'\", D ~ ,~ 'E"T'JUR'./ A 1"'\ ".) D ,,\ PROP. ........... 'l\ ) q J LAKE HOOPER ~I WETLAND H3 (TOTAL 46 AC) NOR. 959+- WETLAND - ~ - .... \ ., . ", " / ;';;.J." o. .", " ...., ...... ,,- - -970- - -- -..... C' I ,/ ..... ....... -. ...----- -- - - ------ - ------- ~ - --------- ------ --.. - ----- --- ---- -- ---.. - -- - ----- -T- - - - - --" j HILLSIDE ST, ---...----- ..._--j----...... ........";""------------ I -__-...... I , I I I I I I I , I , I \ I I I I HOMES ON LOTS 2-4 TO BE SPRINKLED ^" ~//~---- :<' ,/ ~ .~/ ~" ~>/~ 'y,/ ~ ",-V ( n~ ~y 1v' -~j j ~.~ ....l ~ i ~ ! , I , I I I , , I , , , , I , CITY OF nrrPHAYf'N' .,' ,/" : ExillllnQ Zoning " R-2 RClllidenhol I MIn, lot size .. 4O,Oo;'IlC~: l~an~d'b:I~~ ~~~)dS; l Fran\. setback r' 50' t Side se.tback l 25' l Rllor setback I 2~' I Min, road frontaqq 75' I Mox, structure co\feroql! 6000 &1 (8000,f if lot is >60,000 $f) \ Wetland buildlnq .s:etback 25' (s~ MCWO rule!!) I Min. lak~ frontage 75' (not applicable, Lake Hopper is 0 w'etlonO) ",,{and lot wld\h at buildirH;l line) : LaKe-..QHW !elboc~ 75' (nat applicable, Lake Hopper is 0 w.e\\ond) \.tax. str1JGtIJre covl!lraqa 6000 sf (8000 sf if lot is >60.000 sr): Wetland bulldtrK) ~lback 25' : <:.htlre~nnr:\ Ordinnn~~' (not applicoble. Loke HopPl!lr is a weliand) : ),lox. lmp,r..,ous I' 25::t I S\l1Jctur~ setback] from -Top a(.Blur, 30' I (No structures within -Sluff Impact Zoii'e") -. : I ! ~ :~ i >~~e~llo~~p~p'+ hori%;. (not bluffs) :- ~~~ti~~ i~::W~OD' R-1A SIngle Femll)' . !.Iin. lot ,ile t 40,000 sf (ell:c1udes cIty deSIgnated ....etland ar"a~ 6: OHW) Min. tal width at ~ultd;flg line \10' (ot 50' rSB) Min. lot depth I 150' I Front 'Setback ~ 50' (ol~c. meos. Irom ~dql! of private drIve) Sid., setback.: \0', (50' corner) : Re<<'ellia~ I ~ I Wetland buffer sthp JS' (to be pregerved and mainlained in Its natural 'Slate) WeUnnd slNclure; setbac.k IS' from 35' ""Uond buffer : I (Fences ond ploy eQuip. ma)' encroach l1to the structure : setback area, but not into thl! weiland ~ulle1' strip) ~INNt:"HAH>\ (,:RfTJ<' WATFR~Hrn rW:~TRICT' : Lowe!!t open!ng mIn. 2' ooove. 100 ~~~~~~~I:::___________~__________..._ rd was .lh:rtitizer): : LOT 3 1.0-2.5 oc. 0 2 5- 50 ae 25' over 5 0 oc 35' Sites a..-er 8 ocres (and <10 units .) require runoH role conlral O"'d aMP"S) ~ g ~ --- ---- ---~~- - ~,..---- - - ----- -- _r .0 Vl NO ONR ID# (SHORELANO ORDIN DOES NOT APPLY) I , I" I ' 1 '.'" ~ \, I ' \ '\ ~ \ N , ' \ \ I-----------'~- I , I I , , , \ : ' W , , ; , I I I , 50 i"- -- --- -0.---- -----59 -- - --- __~(l(L_. ~~"-J j~ ,n! 5C~LE / IN I Tr:E LOeA TlOrlS OF Ex:SiING UNDERGR(JUN:l \jT\l.lT(~~;-';'RE 5H(:WN IN to.!'l :;';:1?P':JXlt, W~,'( Of'lL'!'. Ti-lE. L-:C;'Vt..TiN(; CONTR.Acrc,p Sl-':t.LL .DETE?~..llNE THE EX.c..cr :_o::.:.TIO.' ALL EXISTING 'JTIL1TIES 6~rl:,RE CC\W,l[~;C;-ir.; ',','lJR'r;. THE CONTF<:ACTOR ;'G~~E.3 TO ~\~'L'-'( RESP0NSiBLE FOR AN'( AND ;'Ll DM)..';ljrS,VIHI(H ~A1GHT BE 0CC;._SI(,UECJ B F....iU..1i'E "7,) ~X;:"I:IL'( Loe.to iE .....ND FP':::E:;:"fE-" .....Ny: .:..r-l:j ALL 1JNC<EPGP0\Jto/Ci tj"i:'_ITl S WARNING r- ..... r- '" a '" '" <t ..... '" '" '" <'1 '" ro to " ~ r- 0: x '" '" > 0: '" "" 0: "- 'C ~ In 0 0 ,~ '" ~ <'1 0: 0 C'I '" <'1 a 0. ro C'I ..... '" '" <= a 0: <'1 a ~ to to r- eill .II II ~ ~ :> ~ DeSIGNeD P.J.Y../KR.P. ORA VN H..RP, CHrcA'rD P,JX. ~~ <0 "0.... -g " :: COO .c .., .. - . 0 m]: '::'!, ~ i~~~~o -~~\ ;~g~~~-'@ ~~~ '~o.~o~.s' g u ~ >--E ':)~ ::c:; E~Eo~o -; ~~~:,~~ ~ ~ :~3~t5~ ~g Z :2 2' @ 127. = Z W > <( I ZQ OW -w Co 0'-.... 00 <(0 zO <($ :2W $5 OI Q](f) Z <( -.J Q I- Q W U Z o U ~ ~ E .., .., ~ (lATC 8/7/06 P.o:((]J[CT Ml Exhibit C CONCEPT PLAl' EXCELSIDR FIRE DISTRICT 247 DD SMITHTOWN RClAD SHClREWOClD MINNESOTA 55337 August 10, 2006 Mark Kawell - Architect 5748 Mahoney Avenue Minnetonka, MN 55345 952.942.9982 mkawell@kawell.com Mr. Kawell, I have reviewed the Concept Plan for the Kawell Site that has been submitted regarding the private driveways and the Excelsior Fire District access issues. The proposed driveways provide access to homes existing and proposed for lots 1 through 4, listed as Project # 06-115. The Excelsior Fire District is compelled to allow the proposed access roads under the following conditions: 1) Access roads must be maintained at a minimum 12' width. 2) Access roads must be maintained with a minimum height clearance of 14' 3) The proposed fire hydrant(s) must be installed. 4) Homes built on lots 2,3, and 4 must be fully sprinkled per NFP A 13D (Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes) . 5) Maximum grade for access roads shall be 12 degrees. 6) City officials from Deephaven and Shorewood must approve these requirements. 7) Provide Pill numbers for the 4 lots on the Kawell Site. ..".. /(f.:......._... "., ..// -1 ""'."'....-j .".> . . ....;..-:;;;;~::;~,:~~~...'::;~.><~:. . ~././/' .' " . I- . L::.--C-.&' Le~ B~fglund -Inspector r ExcelsiorFire District cc: EFD Chief Dana George City of Deep haven City of Shorewood Exhibit D FIRE DEPARTMENT LETTEJ8 Dated 10 Aug. '06 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn,us . cityha\l@cLshorewood.mn.us Celebrating 50 Years · 1956 - 2006 , MEMORANDUM TO: Brad Nielsen, Planning Director DATE: Larry Brown, Director of Public Works Steve Gurney, City Enfi..neer September 28, 2006 cc: FROM: RE: Bowman Addition This memo outlines my comments regarding the concept plan for the Bowman POO, prepared by Terra Engineering, Inc., dated August 7,2006. . It is recommended that the private drive on the south side of Wetland #4 be a minimum of 14 feet wide. . It is recommended that when the existing drive to Lot 1 is vacated, a portion of it be retained for a turn around for emergency vehicles. . It is understood that the sanitary sewer to be directionally bored will be a private system. The line must be an 8-inch since it will be serving 3 properties. . The watermain is labeled as a public line, however only the portion in the road right-of-way will be City-owned. . The watermain can not be ductile iron if it is directionally bored. . A gate valve must be added to the waterrnain at the right-of way. . The sanitary sewer connection should be aligned so that the angle between the new pipe and the downstream pipe is 90 degrees or greater. . Future submittals should provide details about the connections to City utilities. . All work within the road right-of-way will require a separate Street Excavation permit. . If the retaining walls are greater than 6 feet in height, plans prepared by a Registered Engineer will be required This concludes my comments of the concept plan for the Bowman Addition. v:J F=,!"17EO 0"'; ~~C\(C_::o ='.\2=.::. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Planning COlmnission, Mayor and City Council FROM: Brad Nielsen DATE: 2 October 2006 RE: Black, Lance - C.D.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (06.16) BACKGROUND Lance Black has applied for a conditional use permit to construct a gazebo on his property, located at 20270 Excelsior Boulevard (see Site Location map - Exhibit A, attached). The floor area ofthe gazebo, when combined with his existing attached garage brings the total area of accessory space on the property over 1200 square feet. The property is zoned R-1A, Single- Family Residential and contains approximately 88,009 square feet of area. Exhibits Band C show the proposed site plan and an elevation of the proposed gazebo, respectively. The existing house contains approximately 2100 square feet of floor area on the main floor alone. T~e existing garage, located at the southwest end of the house, contains 1156 square feet of floor area. The new gazebo (Exhibit C) will be located in the rear yard, approximately 160 feet north of the house. It is octagonal in shape and contains 150 square feet, which brings the total area of accessory space on the site to 1350 square feet. ANALYSIS/RECOMMENDATION Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contains four specific criteria for granting this type of conditional use permit. Following is how the applicants' proposal complies with the Code: a. The total area of accessory space (1350 square feet) does not exceed the total floor area above grade of the principle structure (2100 square feet - main floor only). qr:, It ~ PRINTED ON RECYCLED PAPER "'~ :ff~, Memorandum Re: Black C.D.P. 2 October 2006 b. The total area of accessory space does not exceed ten percent of the minimum lot area for the R-IA zoning district (.10 x. 40,000 square feet = 4000 square feet). c. The proposed garage and the existing house comply with the setback requirements of the R-lA zoning district. The new gazebo will be approximately 60 feet from either side of the property and approximately 100 feet from the edge of Foot Lake (designated wetland). Given the size ofthe property and the amount of existing vegetation on the site, drainage and landscaping are not considered to be issues in this request. d. The materials and design ofthe new gazebo are be consistent with the character ofthe existing house and garage. Note: elevations of the existing house are notinc1uded herein, but will be available at the hearing. In light ofthe preceding, the applicants' request is considered to be consistent with the requirements of the Shorewood Zoning Code. It is therefore recommended that the conditional use permit be granted as requested. Cc: Craig Dawson Tim Keane Lance Black -2- " " " " " c: (J) > fa ..c 0...- ar (l) C " Exhibit A SITE LOCATION Black - c.u.P. I.UUT-.-....... :01 / \ / / I / I }U I \ ~ \ ~ s:::J I ~ I"') ..q- ...j. c-.I C'l ",- - -SURVE'y' " v -26'- L1~IE - - - ~O..>(- " ':~-0: ..r 9>, "~1/2 IP ~.</. I"'~ 5 " "Fa->t k~~ ..r o~ v...~,~ --- S74 "8'4 ,.._ '------": - 'oJ t ------. 755.38 -----.- rr'"Cf"'?-€ ~ ..ro.. ~~ub6 '....]'6:,:: -1'96'< ~..] \ I ~}J , 'I ~ h tCl .$:1 :.nll~ ~ ~ I , I Il, ~ {\ , ~ I p, ,~ I ~ t..... ~ 1 r -- "" I "Q\t~~~ I \'~ ~\ I J ~oA~ (tJ,l- to 7~le) P L) ! t.,. o " i lOT 2 ..r 99 < ..r 1001J,.; \" I ':li;. ~ ~ -1'" \~ 'Ul.] ";' .0 'll? ,,< \I'l.~.", .\' (1014.00) ~\) \\J\ \, /" \ 0011.00) X ~ ...- ~ '~~'r lOl?:.!y /' ::J \~ .-t. h, / 0 '0 -"1" C., <"0 /(16.1 .\ flOI4.0C,.,. \<\~:l.l \O~ ...- .~~ ~ ./ ,.' \ T WALL/ _<1 ,_ ...... ....\ ~ \C<.IS "TI~IG..R.CE ';~0'l/' \. ~ o<-l ...- \'0')1 ~- ,. 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'- 8 1:i:;: -.0 A Q;> ::!5 :::J o a Exhibit C PROPOSED GAZEBO CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO LANCE BLACK WHEREAS, Lance Black (Applicant) is the owner of real property located at 20270 Excelsior Boulevard, in the City of Shorewood, County of Hennepin, legally described as: "Lot 1, Block 1, Foot Lake Addition"; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a detached gazebo which will have approximately 150 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 2 October 2006, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 October 2006, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 23 October 2006, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The total area of accessory space (1350 square feet) does not exceed the floor area above grade of the principal structure (2100 square feet - main floor only). 2. The Applicant's lot contains approximately 88,009 square feet of area, and that the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-IA Zoning District in which it is located (4,000 square feet). 3. The design and materials of the gazebo are compatible with the architectural character of the existing home. 4. The proposed gazebo complies with all setback requirements for the R-IA District. -1- CONCLUSION a. That the application of Lance Black for a Conditional Use Permit as set forth herein above be and hereby is granted. b. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 23rd day of October 2006. WOODY LOVE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: October 16,2006 TO: Honorable Mayor and Councilmembers ~ FROM: Bonnie Burton, Finance Director/Treasurer RE: Annual Certification of Delinquent Utility Accounts Craig W. Dawson, City Administrator ~ CC: Discussion The City Code provides for annual certification of delinquent utility bills against the properties served. A resolution is attached for City Council consideration. This resolution is considered and passed annually. The City's authority for certification of unpaid charges comes from Minnesota Statute 444.075: "Subd.3e. Who may be charged; unpaid charges. The governing body may make the charges a charge against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected." Each propelty owner is given an oppOltunity to object to this proposed certification of delinquent accounts. As pmt of the appeal process, they may request a hearing in front of the City Council to explain why the account has not been paid. The City received one written request for a hearing, from Mr. Ron Johnson, 5355 Shady Hills Circle, Shorewood, MN 55331. If any additional affected property owners are present at the meeting, and wish to appeal their delinquent charges, the City Council may also allow them to do so. Council Action Requested After consideration of appeals that may be presented at the meeting, the City Council is requested to approve the attached resolution certifying delinquent utility charges to the 2007 property tax rolls. #. l': t PRINTED ON RECYCLED PAPER w;; =#9/J RON JOHNSON September 25, 2006 5355 Shady Hills Circle Shorewood, MN 55331 Tel: 952-474-8171 Craig W. Dawson Administrator/Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 1.- Re: The City's noticed October 24,2006 hearing vis a vis the City's August 29, 2005 demand that I am a "delinquent". Dear Mr. Dawson: Regarding the noticed hearing please have the City's "Special Counsel", Mr. Hoff, appear prepared to argue the matter. I am entitled to have the City's primary mouthpiece accuser on the issue confront me at such hearing. In my companion Data Practices Act request of even date to you, I expect this discovery be forwarded to me (and Mr. Hoff) well prior to the hearing. Please do not dodge this as you did in your, for example, November 4,2005 letter. Sincerely, );IlQ f IL V l,-. Ron Jotnson c: George C. Hoff Martin R. Wellens, Shorewood 4th Ward Councilman I:~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years · 1956 - 2006 September 26, 2006 Ron Johnson 5355 Shady Hills Circle Shorewood, Minnesota 55331 Re: Hearing regarding Unpaid Utility Charges October 23, 2006 Dear Mr. Johnson: As provided by Minnesota Statutes Chapter 444, the City may certify delinquencies in utility payments to Hennepin County. You have the right to request the City Council to adjust any unpaid utility charges; this year, the hearing will be during the October 23, 2006, City Council meeting. I presume that you wish to take issue with the sump pump surcharge. As stated in City Code Sec. 904.09, Subd. 2, a sump pump surcharge shall apply until an inspection has been made to confirm there is no sump pump discharge into the sanitary sewer system. The only matters for the City Council to consider are whether the inspection has been made and, if not, whether the sump pump surcharges have been paid. Mr. Hoff will not appear at the October 23 meeting, as the only things to be "argued" are whether there has been an inspection or payment of the surcharge is current. Sincerely, C: George Hoff Martin Wellens (f'!> f/ 'J PRimED ON RECYCLED PAPER o~ . CITY OF SHOREWOOD RESOLUTION NO. 06- A RESOLUTION DIRECTING DELINQUENT SEWER CHARGES, STORM WATER UTILITY CHARGES, WATER CHARGES, RECYCLING CHARGES, CITY CLEAN-UP CHARGES, DRY HYDRANT CHARGES, AND SUMP PUMP CHARGES, BE PLACED ON THE 2007 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sanitary sewer charges, water, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges on the succeeding year property tax rolls for the specified properties; and, WHEREAS, the City Council has scheduled the consideration of the assessment of such charges and has caused notice of such assessments to be mailed to the affected property owners; and, WHEREAS, the Council has considered such charges at a regular council meeting and has made a determination that delinquent sanitary sewer charges, water, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges exist for the specified propelties set forth in Exhibits A, B, C, D, E, F and G attached hereto and made a pmt hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, dry hydrant charges, and sump pump charges, on the 2007 property tax rolls, payable in 2007, at eight percent (8%) per annum, against the specified propelties as set fOlth in Exhibits A, B, C, D, E, F, and G. ADOPTED by the City Council of the City of Shorewood, Minnesota, this 23rd day of October, 2006. ATTEST: Woody Love, Mayor Craig W. Dawson, City Administrator/Clerk MUNIC CODE 26 EXHIBIT A LEVY NO 16755 SANITARY SEWER PIDNO. TOTAL PRINCIPAL ACCOUNT NO. 3311723120017 594.11 0015247400 3511723310054 254.87 0025060100 3211723310013 470.10 0110059950 3411723430039 404.92 0125060650 3611723220037 161.70 0140055950 3311723420001 411 .39 0170058150 3011723330026 411.13 0255043700 3311723220014 823.38 02600552515551 3311723320017 296.12 0260058351 3311723320031 411.61 0260058900 2511723340025 411.66 0270203450 2611723140087 357.36 0285049250 3311723120010 357.36 0320247800 3311723210045 157.36 0320251350 3211723120008 254.87 0330054451 3211723120002 391.28 0330054550 3211723130008 411.66 0330057750 3311723230046 129.48 0345056150 2611723140037 254.87 0385210450 3411723330029 182.85 0425060550 3411723330037 91.60 0425060650 3411723330039 163.03 0425060900 3311723210033 323.40 0470054200/54220 3311723210035 428.81 0470054600 2511723320020 391.28 0485205150 2511723320023 411.61 0485205750 2611723110050 411.66 0550211050 2611723140103 407.62 0550211750 3411723440025 161.70 0570224350 34117233430010 367.61 0570228850 3411723430010 367.61 0570228950 3211723120028 404.92 0590263300 3211723120024 404.92 0605263950 3111723140008 161.70 0635274050 3611723220024 341 .28 0655204300 3311723440004 169.44 0680060402 2611723120024 393.72 0685049410 2511723440049 554.93 0705053550 3011723420003 419.93 0725052600 3611723210009 411.66 0740055800 3311723110050 348.75 0745055300 3311723110054 323.40 0745055350/55450 3211723420001 378.88 0770260050 3411723230049 254.87 0775236220 3311723240006 411.61 0775248600 3311723240011 33.41 0775250050 3211723140024 357.36 0775258400 3211723240001 254.87 0775267800 2511723340022 411.69 0780053850 2511723340012 411.65 0780054050 3411723340014 254.87 0795234350 3211723110014 411.65 0825256450 3411723230043 357.36 0872055921 3411723230045 76.70 0872055970 3211723110006 156.62 0883256350 2511723240093 380.15 0892201500 3311723220020 411 .55 0905054400 3311723220030 415.46 0905055350 3311723440032 409.41 0940242150 3111723130024 357.36 0960279650 3311723410043 170.17 0975240200 3211723140065 357.36 3397057700 3311723240043/44 372.67 3275056550 TOTAL LEVY NO 16755 $ 21,254.33 MUNIC CODE 26 EXHIBIT B LEVY NO 16756 WATER PIDNO. TOTAL PRINCIPAL ACCOUNT NO. I 3311723240043/44 196.14 3275056550 I TOT AL LEVY NO 16756 $ 196.14 MUNIC CODE 26 EXHIBIT C LEVY NO 16757 STORM WATER MANAGEMENT PIDNO. TOTAL PRINCIPAL ACCOUNT NO. 3311723120017 42.73 0015247400 3511723310054 18.33 0025060100 3211723310013 44.08 0110059950 3411723430039 37.98 0125060650 3611723220037 15.88 0140055950 3311723420001 29.51 0170058150 3011723330026 29.51 0255043700 3311723220014 29.74 02600552515551 3311723320017 33.51 0260058351 3311723320031 38.77 0260058900 2511723340025 38.46 0270203450 2611723140087 25.70 0285049250 3311723120010 25.70 0320247800 3311723210045 25.70 0320251350 3211723120008 23.90 0330054451 3211723120002 28.16 0330054550 3211723130008 29.59 0330057750 3311723230046 25.70 0345056150 2611723140037 25.72 0385210450 3411723330029 18.33 0425060550 3411723330037 25.70 0425060650 3411723330039 19.09 0425060900 3311723210033 11.64 0470054200/54220 3311723210035 16.92 0470054600 2511723320020 28.16 0485205150 2511723320023 38.77 0485205750 2611723110050 29.59 0550211050 2611723140103 29.30 0550211750 3411723440025 11.63 0570224350 34117233430010 13.53 0570228850 3411723430010 13.53 0570228950 3211723120028 29.14 0590263300 3211723120024 29.14 0605263950 3111723140008 11.63 0635274050 3611723220024 153.06 0655204300 3311723440004 13.95 0680060402 2611723120024 29.42 0685049410 2511723440049 92.09 0705053550 3011723420003 30.99 0725052600 3611723210009 29.59 0740055800 3311723110050 13.67 0745055300 3311723110054 8.20 0745055350/55450 3211723420001 27.25 0770260050 3411723230049 18.33 0775236220 3311723240006 38.77 0775248600 3311723240011 28.13 0775250050 3211723140024 25.70 0775258400 3211723240001 18.33 0775267800 2511723340022 29.75 0780053850 2511723340012 38.78 0780054050 3411723340014 21.34 0795234350 3211723110014 29.61 0825256450 3411723230043 12.86 0872055921 3411723230045 5.82 0872055970 3211723110006 6.13 0883256350 2511723240093 28.29 0892201500 3311723220020 29.56 0905054400 3311723220030 30.21 0905055350 3311723440032 38.35 0940242150 3111723130024 33.51 0960279650 3311723410043 18.61 0975240200 3211723140065 25.70 3397057700 3311723240043/44 55.10 3275056550 TOTAL LEVY NO 16757 $ 1,825.87 MUNIC CODE 26 EXHIBIT D LEVY NO 16758 RECYCLING PIO NO. TOTAL PRINCIPAL ACCOUNT NO. 3311723120017 44.59 0015247400 3511723310054 19.13 0025060100 3211723310013 35.28 0110059950 3411723430039 30.40 0125060650 3611723220037 19.99 0140055950 3311723420001 30.89 0170058150 3011723330026 30.89 0255043700 3311723220014 62.10 02600552515551 3311723320017 26.82 0260058351 3311 723320031 31.05 0260058900 2511723340025 31.05 0270203450 2611723140087 26.82 0285049250 3311723120010 26.82 0320247800 3311723210045 26.82 0320251350 3211723120008 19.13 0330054451 3211723120002 29.36 0330054550 3211723130008 31.05 0330057750 3311723230046 26.82 0345056150 2611723140037 19.13 0385210450 3411723330029 19.13 0425060550 3411723330037 26.82 0425060650 3411723330039 19.90 0425060900 3311723210033 24.28 0470054200/54220 3311723210035 35.28 0470054600 2511723320020 29.36 0485205150 2511723320023 31.05 0485205750 2611723110050 31.05 0550211050 2611723140103 30.61 0550211750 3411723440025 12.14 0570224350 34117233430010 28.44 0570228850 3411723430010 28.44 0570228950 3211723120028 30.40 0590263300 3211723120024 30.40 0605263950 3111723140008 12.14 0635274050 3611723220024 28.66 0655204300 3311723440004 20.83 0680060402 2611723120024 30.81 0685049410 2511723440049 41.87 0705053550 3011723420003 33.06 0725052600 3611723210009 31.05 0740055800 3311723110050 28.54 0745055300 3311723110054 24.28 0745055350/55450 3211723420001 28.44 0770260050 3411723230049 19.13 0775236220 3311723240006 31.05 0775248600 3311723240011 29.63 0775250050 3211723140024 26.82 0775258400 3211723240001 19.13 0775267800 2511723340022 31.05 0780053850 2511723340012 31.06 0780054050 3411723340014 26.82 0795234350 3211723110014 31.06 0825256450 3411723230043 26.82 0872055921 3411723230045 18.39 0872055970 3211723110006 12.78 0883256350 2511723240093 29.52 0892201500 3311723220020 31.01 0905054400 3311723220030 31.52 0905055350 3311723440032 30.75 0940242150 3111723130024 26.82 0960279650 3311723410043 19.13 0975240200 3211723140065 26.82 3397057700 3311723240043/44 28.66 3275056550 TOTAL LEVY NO 16758 $ 1,753.09 MUNIC CODE 26 EXHIBIT E LEVY NO 16759 SUMP PUMP SURCHARGE PIDNO. TOTAL PRINCIPAL ACCOUNT NO. I 25-117 -23-44-0049 1,066.69 0705053550 I TOTAL LEVY NO 16759 $ 1,066.69 MUNIC CODE 26 EXHIBIT F LEVY NO 16760 CITY CLEAN-UP PIDNO. TOTAL PRINCIPAL ACCOUNT NO. 3311723120017 29.00 0015247400 3511723310054 18.00 0025060100 3211723310013 29.00 0110059950 3411723430039 18.00 0125060650 3611723220037 18.00 0140055950 3311723420001 18.00 0170058150 3011723330026 18.00 0255043700 3311723220014 36.00 02600552515551 3311723320017 18.00 0260058351 3311723320031 18.00 0260058900 2511723340025 18.00 0270203450 2611723140087 18.00 0285049250 3311723120010 18.00 0320247800 3311723210045 26.03 0320251350 3211723120008 18.00 0330054451 3211723120002 18.00 0330054550 3211723130008 18.00 0330057750 3311723230046 18.00 0345056150 2611723140037 18.00 0385210450 3411723330029 18.00 0425060550 3411723330037 18.00 0425060650 3411723330039 18.00 0425060900 3311723210033 36.00 0470054200/54220 3311723210035 29.00 0470054600 2511723320020 18.00 0485205150 2511723320023 18.00 0485205750 2611723110050 18.00 0550211050 2611723140103 18.00 0550211750 3411723440025 18.00 0570224350 34117233430010 29.00 0570228850 3411723430010 29.00 0570228950 3211723120028 18.00 0590263300 3211723120024 18.00 0605263950 3111723140008 18.00 0635274050 3611723220024 18.00 0655204300 3311723440004 18.00 0680060402 2611723120024 18.00 0685049410 2511723440049 18.00 0705053550 3011723420003 18.00 0725052600 3611723210009 18.00 0740055800 3311723110050 18.00 0745055300 3311723110054 36.00 0745055350/55450 3211723420001 18.00 0770260050 3411723230049 18.00 0775236220 3311723240006 18.00 0775248600 3311723240011 18.00 0775250050 3211723140024 26.32 0775258400 3211723240001 18.00 0775267800 2511723340022 18.00 0780053850 2511723340012 18.00 0780054050 3411723340014 18.00 0795234350 3211723110014 18.00 0825256450 3411723230043 18.00 0872055921 3411723230045 18.00 0872055970 3211723110006 18.00 0883256350 2511723240093 18.00 0892201500 3311723220020 18.00 0905054400 3311723220030 18.00 0905055350 3311723440032 18.00 0940242150 3111723130024 18.00 0960279650 3311723410043 18.00 0975240200 3211723140065 18.00 3397057700 3311723240043/44 18.00 3275056550 TOTAL LEVY NO 16760 $ 1,259.35 MUNIC CODE 26 EXHIBIT G LEVY NO 16761 DRY HYDRANT PIDNO. TOTAL PRINCIPAL ACCOUNT NO. 3011723330026 88.20 0255043700 3011723420003 94.33 0725052600 TOTAL LEVY NO 16761 $ 182.53 RON JOHNSON October 20, 2006 5355 Shady Hills Circle Shorewood, MN 55331 Tel: 952-474-8171 City Council City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 Re: The City's allegations of delinquencies on my utility account, vis a vis the scheduled October 23, 2006 hearing in the matter. Dear Council: You should have received, separately, the letter report in the matter by expert McCombs Frank Roos & Associates, Inc. noting there is no sump pump or sump pump pit for my walkout basement by the simple fact the footing drains over my west hillside as clearly observable outside my home. The report dismissed the City's final excuse not to refund all surcharges it improperly, and in animus, billed to my account since Mayor Love came to power. I look forward to receiving the refunds promptly. Clearly, the sums were a City windfall as noted below. I had expert, McCombs conduct the re-inspection because I have learned not to trust the City's word and wished to make a record and a witness. On or about March 1999 Mayor Love along with then-City Engineer, Mr. Brown, requested to inspect my property and came to my house to do that. I placed no restrictions whatsoever on what they could inspect. Mr. Brown is a State licensed expert in the matter. Among other things, I pointed out, and they undoubtedly observed, that my home basement footing drained over the west hillside. According to the City's footing sump pump inspection form if the City observed the footing drained to the home exterior the ordinance is satisfied. Neither MayorLove nor Mr. Brown got back to me after promising they would. (This led to the currently pending lawsuits). Prior to that, I obtained City plumbing permit and an inspection of my home's entire sanitary sewer I modified. Subsequent to that, then-City Engineer, Joel Dresel inspected my home parcel noting the footing drained over my west hillside. This inspection was in connection with the so-called City storm sewer "improvements" on or about 1993. He found the City's special assessment demand against my property was unfounded. Subsequent to that, then-Mayor Dahlberg and then-Councilman Jerry O'Neill requested to inspect my properties at the request of this Council. Mr. O'Neill at the time represented he was a building inspection contractor. I pointed out to both of them my outside footing drain and issues raised by City staff. They dismissed it as overzealous staff and went forward to inspect and meet with me on the property many times. In 1998 Engineering Planning Surveying RECE\VED Gel" 2. 3 Z006 October 20,2006 C\TY 9F SHORE-WOOD' City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Ron Johnson home at 5355 Shady Hills Circle, Shorewood, Minnesota Dear Council: On October 18, 2006 MFRA conducted a site visit to the above referenced home. MFRA observed the home has a hilltop walkout basement. The walkout basement drainage has over 15 feet of relief west of the basement. (See attached topographic map.) This indicates there is substantial natural drainage for the home basement and footings. In confirmation of the foregoing, MFRA observed the home footing drain tile and that it drained over the west hillside. This is observable outside the home. Further, MFRA observed inside the home. As could be expected, there is no sump pump and no sump pit. Sincerely, MFRA ~~~.. Darin Ellingson DE:dg Enclosures cc: Ron Johnson s\main\joh16114\corrcs\johnsonlO-20-06 phone 1 ~o rj Plyniouih fvlinnesota 0 55,/.:17 14BO(] 28th 9a1~ x ~6 ?--;- x ~T ) 11 / .........~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SH~REWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128' www.cl.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: City Council Craig W. Dawson, City Administrator cj) FROM: DATE: October 19,2006 SUBJECT: Request for Special Permit for Deer Removal Backeround: The City Council discussed options for deer removal during its September 25 work session. The Minnetonka Country Club had requested that the City take the necessary steps it order to "eliminate the deer problem" on its property. The Council indicated its preference to pursue a special permit from the Minnesota Department of Natural Resources (DNR) to remove deer as a "local control" - in this case, the Country Club property - rather than one that would be in effect City-wide. A City-wide program could be considered later, based on the experience with managing the deer population on the Country Club property. The two common methods of removing deer are trap-and-dispatch with a firearm, or with bow-and- arrow. SLMPD Chief Litsey recommends the trap-and-dispatch method as one that is safer in terms of (1) weapons accuracy, and (2) ensuring that the animal will be killed, and avoid damage or injury caused by a wounded deer. I have spoken with Bode Witrak, president of Minnetonka Country Club, and he would agree to the Minnetonka Country Club being responsible to arrange and pay for the removal of deer. The SLMPD should authorize all personnel who will trap and remove deer. Special Permit for Deer Removal: The DNR requires that there be an opportunity for public comment on the City's deer management plan. This process can be as simple as allowing public comment when the plan is an item of business on the Council's agenda, or as elaborate as a public task force to study the issue and make recommendations. There is no notification requirement beyond a posted meeting agenda. Council consideration and opportunity for public comment at tonight's Council meeting would be sufficient to proceed with the application for the Special Permit. The Special Permit is issued to the City, and includes the DNR's conditions in granting it. (A copy of the Special Permit for the City of Deephaven is attached.) The City may, by contract, allow another party to engage in the activities in the Special Permit. In this case, a contract between the City and Minnetonka Country Club would need to be prepared, ensuring that Minnetonka Country Club is responsible for deer removal and will hold the City harmless from any of its activities. #. t.J PRINTED ON RECYCLED PAPER Request for Special Permit for Deer Removal October 19,2006 Page 2 Proposed Deer Mana2ement Plan: Staff has drafted a proposed management plan for Council consideration, public comment, and submission to the DNR (as the Council may modify the plan). Major points are: . Removal of 20 deer, regardless of age or gender, by trapping and dispatching by firearm in a safe and humane manner. . Removal activities may be conducted between December 1,2006, and April 30, 2007. . Removal activities will be restricted to the Mi1111etonka Country Club property (24575 Smithtown Road). . Minnetonka Country Club will be responsible for arranging and paying for removal of deer. . Personnel who will trap and dispatch deer must be authorized by the South Lake Minnetonka Police Department. The Special Permit would be valid through April 30, 2007. The City must request renewal annually, and note any changes in the number of deer to be removed or the method of removal. Additional Chan2es to City Code: Two chapters of the City Code would need to be amended to allow the use of weapons to remove deer. Section 603.06, Subd. 2, does not allow discharge of firearms except by law enforcement personnel. It would need to be expanded to allow persons authorized by the SLMPD to discharge firearms for wildlife management. "Discharge affirearms. No person shall fire off, discharge or explode any gun, pistol or firearm within the limits of the City. This provision shall not apply to any duly constituted law enforcement officer in the discharge of his or her official duties, or to persons authorized by the South Lake Minnetonka Police Department for purposes of wildlife management." Chapter 703 prohibits the hunting and trapping of animals. An additional exemption will need to be specified. "703.04 EXEMPTIONS FROM PROVISIONS. The provisions of this chapter shall not apply to: Subd. 1. The sale or use of any trap specifically designed to kill rats, mice, gophers or moles; Subd. 2. The sale or use of cage-type live traps employed for the control of nuisance animals as long as the traps are tended each 12 hours. Subd.3. Trapping and hunting performed by, or with authorization of the City under a permit issued by the State of Minnesota for the purpose of managing wildlife populations. " Request for Special Permit for Deer Removal October 19, 2006 Page 3 CITY COUNCIL ACTION: The City Council should 1) Decide whether it wishes to have public comment in addition to what comments may be made during consideration of this matter during tonight's Council meeting. If it wants additional public comment, Council should continue this item to a future meeting. If the Council chooses to approve the proposed deer management plan (with any modifications), then it should 2) Direct staff to submit an application for a Special Permit for Deer Removal to the Minnesota Department of Natural Resources. 3) Direct staff to prepare an agreement with Minnetonka Country Club Association, Inc., in which Minnetonka Country Club will be responsible for making arrangements and payment for deer removal, and will hold the City harmless from these activities. 4) Direct staff to prepare an ordinance to amend the appropriate sections of the City Code in order to permit the deer management activities in the plan. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128' www.cl.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 PROPOSED DEER MANAGEMENT PLAN The City of Shorewood is requesting a Special Permit for Deer Removal from the Minnesota Department of Natural Resources (DNR). This Special Permit would apply only to the property of the Minnetonka Country Club, 24575 Smithtown Road, PIN 33-117-23-42-0004. It is planned that up to 20 deer may be removed, and that deer of any age or sex may be taken. The deer would be trapped and dispatched in the trap by firearm in a safe and humane manner. The Special Permit for Deer Removal would be issued to the City of Shorewood. The City, in turn, would have an agreement with Minnetonka Country Club Association, Inc., wherein Minnetonka Country Club would be responsible to arrange for and pay for all costs of removal, and abide by the terms of the Special Permit. The personnel who will trap and dispatch the deer must be authorized by the South Lake Minnetonka Police Department. The Special Permit would be valid from December 1,2006, through April 30, 2007. The City must request renewal of the Special Permit annually and note any changes in the number of deer to be removed or in the method of removal. #. ~J PRINTED ON RECYCLED PAPER STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FISH AND WILDLIFE 1200 Warner Rd St. Paul, MN 55106 SPECIAL PERMIT NO. 13921 (Deer Removal) October 12,2006 TO WHOM IT MAY CONCERN: Permission is granted to: Gus Karpas, Zoning Coordinator (952)-474-4755 City of Deephaven 20225 Cottagewood Road Deephaven, MN 55331 The City of Deephaven is hereby granted permission to take deer from property in the City of Deephaven. This permit is granted subject to the following conditions: 1. Deer shall be taken by firearm in a safe and humane manner; 2. This permit is effective subject to provisions of paragraph 15 and expires at midnight April 1, 2007; 3. The number of deer taken shall not exceed forty, (40); 4. Deer of any age or sex may be taken; 5. Deer may be taken day or night with or without the aid of mtificiallight, over bait, and/or from a vehicle; deer may be trapped and dispatched in the trap; no deer shall be taken from private property without the written permission of the landowner; 6. The City of Deephaven may retain personnel necessary to carry out activities authorized by this permit. All such personnel shall be sufficiently skilled to safely and properly carry out their assigned tasks; 7. All deer killed pursuant to this permit shall be properly field dressed within two hours after killing. Antlers may not be removed by permittee; 8. Conservation Officer Steve Walter (952) 466-2296 shall be called prior to commencement of removal activities. Carcasses of all deer killed shall be salvaged and utilized as appropriate by donation to food shelves, charitable organizations or needy individuals. Each deer will be tagged by permittee with the special permit number, date taken, sex and age of the deer and name of the recipient: tags will be provided for this purpose; 9. The City of Deephaven shall be solely responsible for any and all damage or injury to persons, domestic or wild animals and real or personal property of any kind, resulting from any activities undertaken pursuant to this permit; 10. The City of Deephaven shall hold the State of Minnesota, its officers, agents, and employees harmless from any and all liability and damages resulting from any activities undertaken pursuant to this permit; 11. This permit shall not be construed as a guarantee or representation by the Department of Natural Resources or the State of Minnesota that any particular method or degree of deer removal will result in any attenuation of deer depredation problems. 12. This permit shall not be construed to exempt the City, their agents or employees, from any provisions of local law, ordinances or regulations that may apply to the activities authorized by this permit; 13. The City of Deephaven shall consult local law enforcement authorities concerning public safety in the activities authorized by this permit; 14. The permittee must submit the attached Report of Deer Harvest and Disposition and return unused tags to the Regional Wildlife Manager within ten (l0) days of the expiration of this permit. 15. This permit is not valid until one copy of the acceptance clause has been signed and dated by the permittee and sent to and received by the Region III Wildlife Office (Minnesota Department of Natural Resources, 5463-C West Broadway, Forest Lake, MN 55025). The second copy of the acceptance form should be retained by the permittee. This permit may be revoked at any time upon written notice to the permittee. Tim Bremicker REGIONAL WILDLIFE MANAGER SECTION OF WILDLIFE C: Cathy Hamm, Regional Enforcement Supervisor Scott Carlson, District Enforcement Supervisor Steve Walter, Conservation Officer, 952-466-2296 Diane Vejtruba, Research Dennis Simon, Wildlife Management Section Chief Bryan Lueth, Urban Area Wildlife Manager Tong Vang, DNR Community Outreach Liaison CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Craig W. Dawson, City Administrator AA\ October 19,2006 Vy Approval of Employee Handbook The City Council reviewed the new Employee Handbook at a work session on June 26, 2006. The Handbook had been reviewed by the employee handbook committee and the City Attorney's office. After the work session review, the Council had three items to be reviewed and/or resolved. At the October 9,2006, work session, the Council discussed these three items, the Council direction has been incorporated into the present draft of the Handbook: 1) Health Insurance Opt-Out Payment. This is in Section 7.01. The monthly payment to employees not participating in the City's health insurance plan, but who have proof of other coverage, is increased from the current $50 to $100. 2) Funeral Leave (Sec. 8.10). The provision in effect since 1986 regarding leave for persons other than immediate or other family members is retained. In these cases, time off with pay may be granted at the discretion of the City Administrator. 3) Sick Leave (Sec. 8.03) and Severance (Sec. 11.02). These sections reflect the new "800- hour" plan regarding caps on sick leave and conversion to severance benefits. Addressing those three employees whose balances are currently in excess of 800 hours is a matter separate from the Handbook, and will have been discussed earlier this evening in work seSSIOn. RECOMMENDATION: Staff recommends that the Council approve the new Employee Handbook. #. t",J PRINTED ON RECYCLED PAPER Employee Handbook City of Shorewood October 23,2006 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: October 19, 2006 RE: Approval ofCSAH 19 - LRT Crossing Concept Plan Attachment 1 is a letter from Robert Byers, Senior Transportation Engineer for Hennepin County, requesting consideration of a concept plan for the CSAH 19 - Southwest LRT Trail crossing. It is fair to state that as famous as the "Old County Road 19 - Smithtown Road Intersection" was, the County Road 19 trail crossing follows by a close second! The issues of this intersection of pedestrians and bicyclists versus vehicle traffic at this location has long been a source of concern for the City of Shorewood, Tonka Bay, and Hennepin County. Therefore, Hennepin County has derived a concept plan that provides pedestrians and cyclists a place of refuge while crossing. Attachment 2 is an excerpt from the plan that indicates a 12- foot wide concrete raised median in the center of CR 19, with the exception of approximately 12 feet in line with the trail that will remain at grade, that will provide a place of refuge for trail traffic. Thus a pedestrian only has to focus on crossing one direction of traffic at a time. Staff has reviewed the plan and recommends full support of the design. The concept is very cost effective and provides a much safer intersection. It should also be pointed out that during discussions of this concept, staff encouraged members of Hennepin County to extend a trail from the new County Road 19 intersection, to the LRT, as part of this concept. Mr. Byers indicated that the proposed median plan for the LR T crossing was to be completed via their own public works personnel, and that the construction of a trail project was outside of the scope of the work to be performed here. A trail expansion would have to be considered under a separate proposal. Recommendation Staff recommends that the Concept Plan shown in Attachment 2 be approved, and to encourage Hennepin County to proceed with the design elements of the project. #. " t PRINTED ON RECYCLED PAPER w;; H Hennepin County Transportation Department 1600 Prairie Drive Medina, MN 55340-5421 612-596-0300, Phone 763-478-4000, FAX 763-478-4030, TDD www.hennepin.us September 13, 2006 Larry Brown, Director of Public Works City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: CSAH-19 / Lake Minnetonka LRT Trail Crossing Near Intersection ofCSAH-19 and Brentwood Avenue Cities of Shorewood & Tonka Bay Dear Mr. Brown: As you know, the trail crossing at CSAH-19 / Lake Minnetonka LRT Trail is a problem area. Trail users are having difficulties crossing CSAH-19 due to the busy roadway which limits the gaps for crossing opportunities. Residents who live nearby have called, and they've requested some type of mitigation action be taken. We have examined a number of ideas for improving the crossing. After discussion among our design, operations, and construction engineers, the attached drawing represents a level of improvement from our perspective that is feasible from a doable project scale, cost, and timing standpoint. Could you and your staff review the proposed layout, and get us your comments by the end of the month? After everyone has had a chance to examine and comment, I'd like to discuss taking this proposal through the cities of Shorewood and Tonka Bay for approval with the intent of eventually having a public informational meeting for the local residents, Thank you for your assistance. I'll give you a call in a couple of weeks to discuss your thoughts. Robert H. Byers, P .E. Senior Transportation Engineer c. Jim Grube, Director Transportation Department Tom Johnson - Transportation Planning Jonathan Vlaming - Three Rivers Regional Park District Ken Adolf - Tonka Bay City Engineer (Schoell & Madson, Inc.) I Attachment # 1 An Equal Opportunity Employer Recycled Paper