110806 CC Sp AgP
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
WEDNESDAY, NOVEMBER 8, 2006
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
6:05 P.M.
AGENDA
1. CONVENE SPECIAL CITY COUNCIL MEETING
A. Roll Call
Mayor Love _
Lizee
Turgeon _
Callies
Wellens
B. Review Agenda
2. Approve Agreement with City of Minnetonka for Water Connection to 5490 Vine Hill
Road (Art. - Administrator's memorandum)
3. OTHER
4. ADJOURN
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO: City Council
FROM: Craig W. Dawson, City Administrator ~
Larry Brown, Director of Public Warks
DATE: October 30, 2006
SUBJECT: Agreement with City of Minnetonka for Water Service to 5490 Vine Hill Road
This item is on the agenda for the Special Meeting of the City Council in order to expedite
construction for a water system connection to 5490 Vine Hill Road. If approved, the connection
could be made as early as November 13.
In agreements dating to 1973 and 1984, Minnetonka will allow connection of Shorewood properties
to the Minnetonka water system. Minnetonka has watermain in Vine Hill Road north of Water ford
Place, adjacent to this property, and placed four water stubs in front of this property in the 1970s.
Shorewood's watermain under Vine Hill Road terminates at Waterford Place, to the south of this
property.
On September 25,2006, the City Council made a formal request to the Minnetonka City Council for
a connection to Minnetonka's water system to serve a house under construction at 5490 Vine Hill
Road. The Minnetonka City Council will act on an agreement to approve this request on November
6, 2006. The proposed agreement states that as the stubs were installed in the 1970s, the City of
Minnetonka will not warrant their usability, and consequently Shorewood will be responsible for the
costs of connecting to them and making them usable. Further, Minnetonka will allow only three
future connections with further subdivision of this property.
Minnetonka's connection charge is $2,151.35, and Shorewood would collect this amount from the
property owner at least 48 hours prior to notifying Minnetonka's Public Works Department of the
service connection.
RECOMMENDATION:
Staff recommends that the City Council approve and authorize execution of an agreement with
the City of Minnetonka to provide water service to 5490 Vine Hill Road.
"llo
~ t PRINTED ON RECYCLED PAPER
.."
AGREEMENT
THIS AGREEMENT, made and entered into this day of
by and between the CITY OF MINNETONKA ("Minnetonka"), and the CITY OF
SHOREWOOD ("Shorewood"), both being municipal corporations organized and existing
under the laws of the State of Minnesota.
The boundaries of Minnetonka and Shorewood abut in certain areas. Minnetonka
has four existing water stubs in Vine Hill Road that are capable of serving the
property at 5490 Vine Hill Road. It appears to the respective parties that it is
reasonable and feasible and in the public interest for Minnetonka to permit a
connection to its facilities for 5490 Vine Hill Road within the corporate limits of
Shorewood.
NOW, THEREFORE, it is hereby agreed as follows:
1. Minnetonka will allow one single-family residential structure at 5490 Vine Hill Road
to connect to Minnetonka water facilities in Vine Hill Road, subject to the following
conditions:
a. Only three more single-family residences subdivided from the property at
5490 Vine Hill Road may be connected to the Minnetonka facilities, and they
must be located immediately adjacent to Vine Hill Road. The remainder of the
property must be served by Shorewood.
b. The four water stubs in Vine Hill Road were constructed in the 1970's and
have not been used. Minnetonka makes no warranties that the stubs are in a
useable condition. All costs associated with connecting to the stubs and
making them useable will be solely at the expense of the Shorewood.
Shorewood will defend against and indemnify Minnetonka for all costs that
Minnetonka incurs or might incur as a result of damages caused by these
connections to the Minnetonka facilities, subject to the liability limitations of
Minn. Stat. Chap. 466.
2. Shorewood must pay to Minnetonka a trunk water charge of $2,151.35. This is the
same trunk connection charge paid by Minnetonka residents.
3. Minnetonka will be responsible for furnishing and reading the water meter and will
bill Shorewood directly. Shorewood is obligated to pay Minnetonka at a rate of 125
percent of the rate charged to Minnetonka for the same services.
4. Shorewood must observe and enforce sprinkling and hydrant use restrictions as
required by Minnetonka.
5. Shorewood must notify the Minnetonka Public Works Department 48 hours prior to
the service connection.
CITY OF MINNETONKA
CITY OF SHOREWOOD
By
Janis A. Callison, Mayor
By
Woody Love, Mayor
By
By
Craig W. Dawson, City Administrator
John Gunyou, City Manager
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
MEMORANDUM
DATE:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public W orksJ~
November 8,2006
TO:
FROM:
RE:
Request to Petition the Metropolitan Council Environmental Services for Sanitary
Sewer Service for Single Family Residence
The utility contractor, representing the homeowners of 23655 Smithtown Road, has petitioned the
City of Shorewood to make application to the Metropolitan Council of Environmental Services for
sanitary sewer service.
Staff has reviewed the request, and has determined that the subject area is served by an MCES
utility. Therefore the request is appropriate.
Recommendation
Staff is recommending that the Director of Public Warks be authorized to petition Metropolitan Council
Environmental Services for sanitary sewer service for 23655 Smithtown Road
qg,
~ ~ PRINTED ON RECYCLED PAPER
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Page 1 of 1
Larry Brown
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From: Brian Clark [Iarko@frontiernet.net]
Sent: Tuesday, November 07,200612:33 PM
To: Ibrown@ci.shorewood.mn.us
Subject: tapping metro sewer main
Westonka Sewer & Water requests to tap a sanitary sewer service into metros 18" rcp sewer main at 23655 Smithtown Rd.
Thank you
Brian ClarklWestonka Sewer & Water (612)741-9779
11/8/2006
Page 1 of 1
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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
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
City Council
Craig W. Dawson, City Administrator (l ~
November 3, 2006 ~
Additional Information regarding Water Connection to Minnetonka
(November 8, 2006, Special City Council Meeting; Item #2)
Councilmember Wellens has requested a copy of the agreement between Minnetonka and Shorewood that
enables properties in Shorewood to connect to the Minnetonka water system under Vine Hill Road north
of Waterford Place.
The original agreement dates from 1973. In terms of connecting Shorewood properties to Minnetonka
water,
. 8. Minnetonka will provide water to Shorewood residents where convenient and feasible.
. 9. For those Shorewood residents which connect to Minnetonka water laterals, Shorewood shall
pay an amount equal to that assessed to Minnetonka residents in a like situation.
As four stubs extend from the watermain to the frontage along 5490 Vine Hill Road, the
connection is convenient, and Minnetonka now has determined these connections are feasible
(with the proviso that it will not warrant the condition of the stubs). The connection charge of
$2,151.35 in the agreement under consideration for 5490 Vine Hill Road is the current connection
charge for Minnetonka residents, and hence is applicable to a connection in Shorewood.
A more recent agreement dates from 1985.
. In Section 10, "... the term of this agreement shall in no event exceed a period of four years."
Consequently, this whole agreement is no longer in effect.
. In Section 5, Shorewood would pay Minnetonka 125% of the rate that Minnetonka charges to its
resident customers. This provision is carried through on Section 3 of the agreement for the
connection to 5490 Vine Hill Road. It is also part of to day's Minnetonka City Code (Sec.
1200.030 - Council shall establish rates), and Minnetonka couldn't offer a water connection for
any lesser amount without violating or amending its own Code.
. In Section 9, the number of Shorewood connections to Minnetonka was limited to 90 residential
connections.
The agreement for 5490 Vine Hill Road allows the connection provided in the 1973 agreement in
conformance with the provisions current~in Minnetonka's City Code.
~J PRINTED ON RECYCLED PAPER
.
.
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
October 1973, by and between the Village of Shorewood, a
Minnesota municipal corporation, in the County of Hennepin, State
of Minnesota, hereinafter referred to as "Shorewood", and the City
of Minnetonka, a Minnesota municipal corporation, in the County of
Hennepin, State of Minnesota, hereinafter referred to as "Minnetonka",
WHEREAS, Shorewood is presently constructing and operating
a sanitary sewer system in Shorewood which leads to a sanitary sewer
disposal plant operated by the Metropolitan Sewer Board, and
WHEREAS, Minnetonka is presently constructing and operating
a sanitary sewer system in Minnetonka which leads to a sanitary sewer
disposal plant operated by the Metropolitan Sewer Board, and
WHEREAS, certain areas of Shorewood might economically be
served by the use of certain Minnetonka trunk lines, and
WHEREAS, a portion of the capacity of certain Minnetonka trunk
lines could be made available for the use of Shorewood, and
WHEREAS, Minnesota Statutes 444.075 (5) permits two or more
governmental units to enter into a contract for joint cooperative
attai~~ent and use of sanitary sewer facilities,
NOW, THEREFORE, it is hereby agreed as follows:
1. Minnetonka will oversize the sanitary sewer trunk line
north of Kingswood Terrace and east of Vine Hill Road, hereinafter
referred to as "Kings wood Sewer" to a sufficient size to accommodate
sewage generating from the immediate area in Shorewood.
2. Minnetonka will provide an eight inch stub westerly of
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.
.
the Kingswood sewer to the easterly right-of-way line of Vine
Hill Road in order that Shorewood may connect a portion of its
system to the Kingswood sewer.
3. Shorewood and Minnetonka will share equally the
cost of excavating and replacing with adequate road base material
that portion of Vine Hill Road from Hanus Road to 600 feet south
of Hanus Road, which is to be excavated during the construction
of the sanitary sewer.
4. Shorewood will construct and oversize that portion of
the sanitary sewer in Vine Hill from Hanus Road to the Metro-
politan Sewer Board interceptor hereinafter referred to as "Vine
Hill Sewer" to a sufficient size to accommodate sewage from the
immediate area of Minnetonka.
5. Shorewood will make available to Minnetonka sanitary
sewer service to those properties along Vine Hill Road that are
best served by the Vine Hill sewer.
6. Minnetonka will pay to Shorewood for each Minnetonka
resident which hooks into the Vine Hill sewer an amount equal
to that assessed to Shorewood residents including user charges. ~
7. Shorewood will pay to Minnetonka for each Shorewood
resident which hooks into the Minnetonka sewer an amount equal to
that assessed to Minnetonka residents, including user charges.
8. Minnetonka will provide water to Shorewood residents
where convenient and feasible.
9. For those Shorewood residents which connect to
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.
Minnetonka water laterials, Shorewood shall pay an amount equal to
that assessed to Minnetonka residents in a like situation.
lO. For those Shorewood residents which connect to a water
lateral constructed by the village of Shorewood, Shorewood shall pay
to Minnetonka as and for trunk charges the sum of $255.00 per connec-
tion and further as payment of said trunk charge Shorewood residents
connected to Minnetonka water shall pay the sum of $3.25 per quarter
for twenty (20) years in addition to the regular quarterly water
charge.
IN WITNESS WHEREOF, the Village of Shorewood has caused
this agreement to be executed on its behalf by its proper officials
duly authorized pursuant to action of its village Council on the
~1 day of (Od~V
, 1973, by Resolution No. '10 -13
and the City of Minnetonka has caused this agreement to be executed
on its behalf by its proper officials duly authorized pursuant to
action of its City Council on the
1st
day of
October
1973, by Resolution No.
73-3930
, and have caused their
respective corporate seals to be hereunto affixed on the date first
above written.
THE
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AGREEMENT
FOR
WATER SERVICE
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THIS AGREEMENT, made and entered into as of August 7, 1985
1985, by and between the City of Shorewood, a municipal corporation
under the laws of the State of Minnesota ("Shorewood") and the City
of Minnetonka, a municipal corporation under the laws of the State of
Minnesota ("Minnetonka");
WITNESSETH:
WHEREAS, Shorewood and Minnetonka are municipal corporations
located in the County of Hennepin, State of Minnesota, having a
common boundary line between the two cities along Vine Hill Road and
instersecting with Trunk Highway 7.; and
WHEREAS, on 8 July, 1985, the City Council of the City of
Shorewood adopted Resolution Number 48:85 authorizing staff to work
.on all necessary procedur~sincidental to the construction and
installation of a Municipal Trunk Water Supply and Storage Facility
to provide water to the southeast portion of the City of Shorewood
consisting of an area bounded by Vine Hill Road on the east,
Christmas Lake/Christmas Lake Point on the west, State Trunk Highway
Number 7 on the north, and the City limits on the south ("Service
Area"); and
WHEREAS, Shorewood desires to provide a temporary water service
to the Service Area by purchasing a water supply from the municipal
water .supply system of Minnetonka until such time as the said I
Municipal Trunk Water Supply and Storage Facility can be constructed
by Shorewood; and
WHEREAS, Minnetonka has installed certain water mains in Vine
Hill Road; and
'.
WHEREAS, the Minnetonka water facilities have sufficient capacity
to provide water services to the Service Area; and
WHEREAS, Shorewood and Minnetonka deem it proper, for a public
purpose, and within the scope of the municipal authority vested in
them by charter and state statutes that an agreement for the sale of
such supply of water by Minnetonka to Shorewood be consummated; and
WHEREAS, in considering the totality of public services to be
provided to the Service Area, Shorewood conducted a transportation/
traffic study of the Highway 7 and Vine Hill Road area; and
WHEREAS, as a result, Shorewood proposed a relocation of the
intersection in that area and submitted this plan to the Metropolitan
Council and the Minnesota Department of Transportation (MN/DOT); and
'/ '
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WHEREAS, Minnetonka and other affected municipalities opposed
the plan and requested that the Metropolitan Council and MN/DOT conduct
a Highway 7 corridor study;
NOW THEREFORE, in consideration of the mutual 'covenants and agree-
ments herein contained, and in consideration of the installation of
certain water mains by Shorewood, it is hereby agreed by and between
the parties as follows:
1. Minnetonka will furnish and supply potable water continuously
(except for temporary interruptions for repairs and maintenance) from
the Minnetonka' municipal water system to Shorewood from the water
main owned by the City of Minnetonka presently located in the right-
of-way of Vine Hill Road in an amount required to service the needs
of the Service Area and in compliance with applicable state and ~~~
federal regulations. .. () 0 ~./
and m a 1. n t a 1. n " f'-..
2. Shorewood shall at its own expense construct~the necessaryN\hN\
watermain iri the City of Shorewood and make the connections to the ~y \
Minnetonka water main for the pu~pose of securing such supply of
water, such connections to be made in accordance with the plans and
specifications prepared by the Shorewood City Engineer and supplied
to Minnetonka and which have been approved by the Minnetonka City
Council. Shorewood agrees that upon completion of the construction
of its water main, it shall provide Minnetonka with as-built plans
and the necessary measurements which accurately describe the location
of those mains, all valves, and service connections.
3. Waterous hydrants, ductile iron, lateral pipe, and copper
services to the properties shall be approved by the City of
Minnetonka. Shorewood will comply with all reasonable requirements
of Minnetonka regarding system maintenance. The system shall be
operated and maintained in accorqance with the City of Minnetonka
ordinances, good public water system practices, and rules and
regulations of the Minnesota Department of Health.
4. Permits for a Shorewood owner to connect to the system herein
described shall be obtained from Shorewood. Shorewood shall inspect
the connections and each service to make sure they conform to all
applicable laws and ordinances. The Minnetonka Utility Division
shall be contacted for a final inspection and turn-on of the curb'
service. Rockwell meters reading in 100 gallon increments with
outside readers shall be used. Minnetonka will furnish the meters to
Shorewood at Minnetonka's cost at the time furnished, if requested by
Shorewood.
5. Minnetonka will read the meters and will supply to Shorewood
at least quarterly, a listing of the readings and the dollar amount
charged by Minnetonka for each user. Shorewood shall pay to
Minnetonka the total amount of said water charges within 30 days.
Water shall b~ billed to Shorewood at the rate of 125% of the rate
.f .
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charged in Minnetonka for the same services. Shorewood shall receive
no. deductions for billing or other administrative functions performed
by it. Shorewood ~hall require that properties served by Minnetonka
water have street numbers on the building. Minnetonka shall have the
authority to enter properties served by Minnetonka water to read and
maintain the water service.
6. Unless an emergency situation arises, valves shall not be
shut.down or hydrants operated without first notifying the Minnetonka
. 'Utility Division. Hydrants shall not be used or operated by anyone
except Shorewood.Fire Department personnel or personnel of the
Shorewood Public Works Department or the Minnetonka Utility Division.
Hydrants shall only be operated for fire or water system maintenance
purposes. Minnetonka will not be responsible for, and Shorewood
indemnifies Minnetonka against, apy costs, including attorneys' fees,
arising out of failures, freeze-ups, or leaks, in that portion of the
system located in Shorewood, unless caused by actions of Minnetonka
within Minnetonka. If Minnetonka makes repairs to that portion of
the system located in Shorewood, Minnetonka shall be reimbursed by
Shorewood on a time and material basis for the work done. ~innetonka
shall not be responsible for settlements in the road surface over
the water main or services.
7. Shorewood will abide by and enforce in Shorewood all reasonable
nondiscriminatory rules and regulations of Minnetonka i~posed upon
Minnetonka water users and users of the system covered by this
agreement. Shorewood will adopt an ordinance providing for sprinkling
bans during periods of water shortages and will enforce that ordinance
upon notification from Minnetonka that the ban is necessary. Minnetonka
reserves the right to require a sprinkling ban in Shorewood before
imposin~ a similar requirement within Minnetonka boundaries. Minnetonka
shall have the right to turn off the mains for reasonable lengths of
time to repair or-service its mains, and if practicable, will notify
affected users of the shutoff.
8. For each user who connects to the Minnetonka water system, the
City of Shorewood shall pay to the City 'cf Minnetonka as and for trunk
water charges the sum of $20.00 per quarter during the term of this
agreement in addition to the regular quarterly water charges.
9. Minnetonka and Shorewood.agree that by entering into this
agreement, Minnetonka is in no way obligating itself to approve future
extensions of water mains within Shorewood, which extensions would be
connected to the Minnetonka water system, and that any water service
provided by Minnetonka will be limited to a total of 90 residential
connections. ------. . -- ---.
--'--'.'-'.---'-
10. It is understood by the parties that this agreement for water
service shall continue only for such period of time as is reasonably
required for the City of Shorewood to complete the construction and
installation of its own Municipal Trunk Water Supply and Storage
....
" "
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Facility. It is further understood that such construction and instal-
lation will be completed by Shorewood after 90 residential connections
have been made purs~ant to this agreement, and that the term of this
agreement shall in no event exceed a period of four years. To assure
timely completion of the Facility, Shorewood must award a contract
for construction by April 1, 1989 with a completion date no later
than the termination date of this agreement. Shorewood shall post a
bond or letter of credit in the amount of $50,000 which shall be for-
feited to Minnetdnka if Shorewood's Facility is not completed and
. "ready fo~ operation at the termination of this agreement.
11. Shorewood hereby indemnifies and holds harmless Minnetonka,
its officers and employees, against all damages and costs, including
attorneys' fees, resulting from any claims or litigation arising out
of this agreement, except for dam~ges and costs related to the acts or
omissions of Minnetonka, its officers or employees, with respect to op-
'peration, maintenance, or administration of the Minnetonka water
system within the municipal boundaries of Minnetonka.
12. Neither party shall subcontract or delegate its responsibili-
ties or obligations pursuant to this agreement without prior approval
of the other.
13. Shorewood and Minnetonka agree to participate in the Highway
7 corridor study presently being conducted by the Metropolitan Council.
Both cities agree to negotiate in good faith about the appropriate
manner to fund the study. Minnetonka agrees that Shorewood should
receive credit for funding of the study to the extent that Shorewood'.s
recent study of the Highway i and Vine Hill Road intersection is used'
in the corridor study. Shorewood agrees that it will withd~aw its plan
for the intersection from Metropolitan Council and Minnesota Department
of Transportation consideration if the plan is inconsistent with the
findings and recommendations of the corridor study"
IN WITNESS WHEREOF, the parties he'reto have caused this agreement
to' be executed by their respective officers through proper authorization
by their respective ~ouncils.
CITY OF
CITY OF SHOREWOOD
By:
By: 4~ /?rPO~r
s . ayor
By: :Pfts~/{f~;t.r