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012207 CC Reg AgP CITY OF SHORE WOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 22,2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Lizee _ Woodruff Turgeon _ Callies Wellens B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, January 8,2007 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the COllSent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. City Clerk's License Approvals -Temporary Liquor License for Municipal Liquor Store Wine Tasting Events (Att. - Deputy Clerk's memorandum, 2 Resolutions) D. Approval of Request for the Wells Fargo Lake Minnetonka Half Marathon to traverse the City on Sunday, May 6, 2007 (Att.- Deputy Clerk's memorandum) E. Establishing May 19,2007, as Spring Clean-up Day (Att. - Secretary's memorandum) F. Accept Supplemental Agreement No.8, Accept Final Improvements and Authorize Final Payment for County Road 19 Reconstruction Project (Att. Director of Public Works' memorandum, Resolution) G. Authorize Expenditure of Funds for Boulder Bridge Well (Att. - Director of Public Works' memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS CITY COUNCIL AGENDA - JANUARY 22, 2007 PAGE20F2 6. PUBLIC HEARING 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held January 9,2007 (Att.- Draft Minutes) 8. PLANNING - Report by Representative A. Lot Width Variance / Minor Subdivision (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Bob Morlock Location: 24995 Glen Road B. Ordinance Amendment on non-conforming structures (Att. - Planning Director's memorandum, Draft Ordinance) 9. GENERAL/NEW BUSINESS A. Making the Minnetonka Community Education Board Representative Appointment (Att. - Administrator's memorandum, Draft Resolution) B. Making the Lake Minnetonka Communications Commission (LMCC) Board Representative Appointment (Att.-Administrator's memorandum, Draft Resolution) C. Making the Lake Minnetonka Conservation District (LMCD) Board Representative Appointment (Att.- Administrator's memorandum, Draft Resolution) D. Representatives to Discussion Group on Funding Allocation for the Excelsior Fire District (EFD) (Att. - Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS 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.cLshorewood.mn.us. cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 Executive Summary Shorewood City Council Regular Meeting Monday, 22 January 2007 . A Work Session will immediately follow the City Council Regular meeting this evening. Agenda Item #3A: Agenda Item #3B: Enclosed is the Verified Claims List for Council approval. Staffing - no action required. Agenda Item #3C: Shorewood Liquor is applying for a Temporary On-Sale Liquor License for two of its Wine Club events to be held at the Southshore Center, 5735 Country Club Road, on Saturday, February 3, 2007; and Wednesday, September 12,2007. A separate Temporary Liquor License application is required for each date. Two resolutions approving a Temporary Liquor License have been prepared for Council approval. Agenda Item #3D: The annual Wells Fargo Half-Marathon is scheduled for Sunday, May 6, 2007. The marathon route will be the same as past years. The race begins at 8 a.m., and the last of the runners are expected in Excelsior around 11 a.m. The SLMPD has been informed of the race. Council motion is to allow the marathon to traverse the City on Sunday, May 6,2007. Agenda Item #3E: Staff has reviewed the calendar to establish a date for Spring Clean-up Day. It has been determined that May 19, 2007, is a date that falls outside of Mother's Day and Fishing Opener. Should Council establish May 19, 2007, as Spring Clean-up Day, staff will request proposals for refuse, appliance, electronics, and tire disposal. As No curbside pick-up will be conducted as part of the Spring Clean-up program. All items will need to be brought to Public Works. Agenda Item #3F: The County Road 19 Smithtown Road Reconstruction Project has been completed for better than a year. As the normal path of the project, the contractor, the Cities and the County, all have to verify construction records and tally all costs involved. It is normal for this process to take a year, or even longer. This has been completed, and the project is ready to be accepted and final payment is to be issued to Eureka Construction, Inc. Staff is recommending approval of the resolution that accepts the County Road 19- Smithtown Road Reconstruction Project, and Authorizes final payment. ,,, ~ . PRINTED ON RECYCLED PAPER ..to' Executive Summary - City Council Meeting of 22 January 2007 Page 2 of2 Agenda Item #3G: The City budgets $22,000, as part of the Capital Improvement Program for a well to be pulled, inspected and repaired each year. Such is the case in 2007. Staff is recommending approval for authorization for the expenditure of funds to pull, inspect and repair the Boulder Bridge Submersible Well from the City's Municipal Water Fund. Agenda Item #7 A: A Park Commission representative will report on the January 9, 2007, Park Commission meeting. Agenda Item #8A: Bob Morlock has requested a lot width variance to split the property at 24995 Glen Road into two single-family residential lots. Each lot is just two inches shy of the required lOa-foot minimum. At the same time, the lots have nearly twice as much area as required in the R -1 C zoning district. The Planning Commission agreed unanimously with staffs recommendation to approve the variance and minor subdivision. A draft resolution is included for your consideration. Agenda Item #8B: After considerable study and discussion, the Planning Commission has recommended amendments to the Shorewood Comprehensive Plan and Zoning Code that would establish a process for allowing certain nonconforming accessory structures to remain nonconforming. Both amendments were recommended unanimously. Agenda Item #s 9A-C: Appointments of Representatives to the Minnetonka Community Education (MCE) Board, the Lake Minnetonka Communications Commission (LMCC), and the Lake Minnetonka Conservation District (LMCD) are typically done in January. The City has advertised these volunteer board opportunities to residents. Draft resolutions making appointments are provided for Council action. Agenda Item #9D: The City of Deephaven has requested that the city councils of the members of the Excelsior Fire District review the funding allocation contained in the joint powers agreement (JP A) for the EFD. In November 2006, the EFD Board suggested formation of a discussion group and the cities' representation on it. The Shorewood City Council decided to defer the decision about whether to participate, and who it would name to the discussion group, until a new Council was seated in 2007. This issue is now back on this Council agenda for the Council to decide (1) whether to participate in this discussion group, and if so, (2) who will be its representative(s) on the group. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 8, 2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES City Administrator/Clerk Craig Dawson administered the Oath of Office to newly elected Mayor Christine Lizee, Councilmember Ward 1 Richard Woodruff, and Ward 3 Paula Callies. 2. Callies, was the newest She stated she 1. CONVENE CITY COUNCIL MEETING Mayor Lizee called the meeting to order at 7:05 P.M. She Turgeon and Wellens. She also welcomed councilmember and had most recently been a looked forward to working with the Councilmembers A. Roll Call Present. Mayor Lizee; Dawson; Attorney Keane; of Public Works Brown; and and Woodruff; Administrator Nielsen; Director Absent: None B. Administrator Drive, Mallard Lane and under Public Information Meeting - Wedgwood be added to the Agenda for the evening 9.B, 2007 City Expenditures Reporting, and Item 9.C, added to the Agenda for the evening under General/New Approving the Agenda as Amended. Motion passed 5/0. A. City Executive Session Minutes, December 11, 2006 Wellens moved, Turgeon seconded, Approving the City Council Executive Session Minutes of December 11, 2006, as presented. Motion passed 4/0/1 with Woodruff abstaining. B. City Council Regular Meeting Minutes, December 11, 2006 Callies moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of December 11,2006, as presented. Motion passed 4/0/1 with Woodruff abstaining. 1#2A I SHOREWOOD CITY COUNCIL REGULAR MEETING January 8, 2007 Page 2 of9 C. City Council Special Meeting Minutes, December 18, 2006 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of December 18, 2006, as presented. Motion passed 4/0/1 with Woodruff abstaining. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. 4. Consent Agenda & Callies moved, Turgeon seconded, Approving the Motions Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. 2007 Regular C. D. City Clerk's License E. F. Approving a Development P.U.D. for Mark Kawell, on of the Property Located at 20025 Resolution Granting a Conditional Use 19955 Excelsior Blvd." G. 5. None. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held December 12, 2006 SHOREWOOD CITY COUNCIL REGULAR MEETING January 8,2007 Page 3 of 9 Park Commissioner Norman reported on matters considered and actions taken at the December 12,2006, park Commission meeting (as detailed in the minutes of that meeting). Councilmember Turgeon stated she had solicited funds for the Music in the Park events, but to-date she had not solicited any funds for the Artic Fever event. In response to a question from Mayor Lizee, Director Brown stated Public Works had just begun the watering for ice rinks and evening flooding of rinks may begin in the next few days but that was weather dependent. 8. PLANNING to be quite challenging. weather than there had Director Brown stated securing the necessary funding for Artic Fever He also stated two of the planned Artic Fever events were recently been. _".,~,<"...;_" ,c" Director Nielsen stated there had not been a Planning;;@~~ission;;t!leeting since Council meeting. City 9. GENERAL/NEW BUSINESS A. Woodruff moved, Wellens:;;~;e~ij!!!~~< Adopting REJ:~~l:JUTION NO. 07-004, "A Resolution Making Appoint~~nts'to~~~~~in Offices!,~iid Positions within the City of Shorewood for the Year 29.07, s~!>jec~.;~!!.:;!!!~Jollowing amendments: Acting Mayor wou.~~h~:~;;!--aura Turgeog;.fark Coffi~isslon Liaison for January - June 2007 wO~~~De~~~~rd Woodruf~[;Park Comnllssion Liaison for July - December 2007'1':g;~I;~ be La~~~; Turgeon; PI~~ning Commission Liaison for January - June 2007:Wo~t!~;..be Pau~~hCallies; Plann~g~;Commission Liaison for July - December 2007 would.;!~;~.M~~;!~;~~!lens; Li~~.or Stores Committee would be Paula Callies ~!!;g;;~chard:~ggaruff;;!~~~~;~~~ga' Creek Watershed District Liaison would be ::::N[a!lt~!~;~llens;~!~.tPurgatory;;;Bluff Creek Watershed District Liaison would be MartY'~~!!~gs; La~~~~innetonka Cable Commission would be Richard Woodruff; Metro Citf~~;l.~fssochifi~~;;of Metro Municipalities) would be Paula Callies, with ';;; Craig Dawso~l~s alterl}#te; Excelsior Fire District Board Member would be Chris :';:;::;;r,izee; and A:l!~rnateExcelsior Fire District Board Member would be Paula ";;~;t!lies." Motiq~'lpassed 5/0. Councilmember Canl~~;1"eqy:~Bted that Staff provide an overview of the contracts or commitments the City has with the City Att9:iiiey, City Prosecutor, Beacon Bank, etc., in a subsequent memorandum. B. 2007 City Expenditures Reporting Councilmember Woodruff stated Council should have the tools it needed to ensure adequate oversight of spending and adherence to budgets, and one of those tools would be frequent reporting by Staff on actual expenditures versus budget. Woodruff then reviewed the information he recommended Council receive for review at the second regular City Council meeting of each month: SHOREWOOD CITY COUNCIL REGULAR MEETING January 8, 2007 Page 4 of9 >- Line item detail, consistent with the departments and line items in the 2007 budget, showing actual spending by budgeted department versus budget for the month. >- Line item detail, consistent with the departments and line items in the 2007 budget, showing actual spending by budgeted department versus budget for the year-to-date, including a graphical presentation of the total spending versus budget year-to-date. >- Line item detail and graphical presentation of actual spending year-to-date versus budget for the combined General Fund budget and for each special fund budget included in the City's overall 2007 budget package. to have had the work session System of at the Woodruff stated the initial presentation of the above information shall December 2006 and 2006 year-end, and that presentation would meeting in February 2007. Woodruff moved, Turgeon seconded, Directing Staff to Reporting of Monthly and Year-to-Date Actual Second Regular Council Meeting of Each Month Councilmember Callies stated she would support recommendation, but she was not comfortable with taking adequate discussion about it and without input from continued to a work session for discussion, would also information should be reported. She she recommendation to mean that he thought Council already had a great deal of oversight necessary for Council to manage approved the verified regular Woodruff's recommendation prior to having suggested the recommendation be input from Staff on how the Woodruff's of the budget; she thought she did not think it was monthly basis; Council already Councilmember Council was provided may be an appropriate way to ensure the was that Councilmember Woodruff was trying to not aware of any issues with the City's current financial with the City's budget. instances in the 2007 budget where she would have preferred She would support continuing this topic to a work session provided to the current financial reporting process. Mayor Lizee stated to see this topic continued to a work session. In response to a from Mayor Lizee, Director Burton stated she had not been made aware of Councilmember Woodruff's request for additional expenditure tracking information prior to the meeting. She explained that Council received the information identified above on a quarterly basis. She stated it was her understanding that Council established policy, and Staff developed the procedures necessary to administer policies. Mayor Lizee stated it would be beneficial for Director Burton to have an opportunity to consider the request and alternative methods of providing the information prior to a work session discussion. SHOREWOOD CITY COUNCIL REGULAR MEETING January 8, 2007 Page 5 of9 Councilmember Woodruff stated if Council wanted to continue this topic to a work session rather than taking action on the request, than that was Council's prerogative. Councilmember Wellens commented that it appeared the only change would be III reporting the information monthly versus quarterly. Administrator Dawson stated he had not seen the request prior to the meeting. He then stated a change to line-item expenditure reporting would be a change in philosophy in how City financial operations were currently handled; currently department heads manage their budget to the Therefore, there would be merit in discussing the level of detail Council would require in reports. Woodruff moved, Implementing the Budget Expenditure was relatively full; or to a February 12, the meetings on Administrator Dawson noted the agenda for the January 22, therefore, this topic should be continued to a second work 2007, work session. Councilmember Callies noted she January 22, and she would like to participate in the Councilmember Woodruff expressed his concern any changes being delayed until mid-March. result in Councilmember Callies stated they would like. She then stated it was reporting, especially when the changes regard to financial reporting. could request for Council to change to of financial information anytime proposed changes in financial philosophy with Councilmember Wellens if reporting changes were could be retroactively created Administrator any trends in spending. three months of the fiscal year to determine valuable for Staff to have had an opportunity to for review. to follow the established process when bringing items to process was that significant changes or requests would be to them being brought to Council for action. Amending the Motion to Continue Discussion of the topic of System of Reporting of Monthly and Year-to-Date Actual versus to a City Council Work Session Scheduled for February 12, 2007. C. Authorization for 2007 City Expenditures Councilmember Woodruff stated that during his campaign for his Council seat and during budget meetings, he had repeated heard concerns from residents regarding the level of City spending. Councilmember Woodruff then reviewed the background for the motion he had prepared: City Council desired to have direct approval for, and control over, City expenditures in calendar year 2007 which, in SHOREWOOD CITY COUNCIL REGULAR MEETING January 8, 2007 Page 6 of9 the aggregate over the calendar year, consisted of amounts in excess of 95% of the 2007 approved budgeted amounts. Woodruff moved Directing Staff to Limit its Monthly and Year-to-Date Spending for all Aspects of City Operations to 95% of the 2007 Budgeted Amounts Unless Specific Advance Approval was Secured from the City Council; and the Approval Process would Include the Submission of a Detailed Plan for the Proposed Expenditures in Excess of 95%, and the Plan would include a Cost- Benefit Analysis and Evidence that such Expenditures would be in Support of Specific Goals and Objectives Listed in the 2007 City's Prioritized Work Plan. Councilmember Woodruff stated he expenditure projections. the last 5% of the 2007 of the 2007 budget on an Woodruff clarified the motion was not meant to say that Council budget; it was intended to allow Council the opportunity to approval basis. Mayor Lizee suggested discussion of that motion be work session. City Council Councilmember Wellens questioned how the proposed expenditures occurred at different levels throughout the significantly higher in early months and low in the when item could be budget accurate monthly Councilmember Callies approved the 2007 She questioned what 2007 budget by 5%. because the Council had already should as a guide for department spending. to achieve by essentially reducing the approved Council would be aware of how spending accomplishing the City's goals and objectives. all City expenditures through its approval of the regular City Council meeting, and Council could remove approving payment of the claim. She commented very routine then stated expenditures were not incurred consistently in each month be difficult not to pay a utility bill in a particular month because the 95% threshold. In response to a comment by Councilmember heads did not prepare a monthly spending plan for every line any of the expenditures of the year; for payment of that Woodruff, Burton item. Administrator Dawson stated the budget was prepared to reflect anticipated total yearly expenditures; it did not necessarily accurately reflect month-by-month spending. He then stated the cash flow was constantly managed to ensure a positive cash flow for the City. Councilmember Wellens stated the motion would in effect direct Staff to attempt to spend no more than 95% of the 2007 approved budgeted amount. He then stated that approximately 80% - 90% of the City's expenditures were fixed expenditures, and Staff should be able to project those expenditures on a monthly basis. SHOREWOOD CITY COUNCIL REGULAR MEETING January 8, 2007 Page 7 of 9 Director Burton stated Staff made a conscious effort to be "thrifty" when spending the City's funds. For example, Staff actively solicits multiple bids or quotes for services rendered, and those bids were presented to Council for review and consideration. Councilmember Turgeon stated the motion would result in a change in policy. She then stated maybe that result could be accomplished by managing to the 95% threshold on a quarterly basis. She also stated that because a certain process has always been followed, it didn't necessarily mean that process is the best one to follow. She went on to state she would be open to discussing possiQI~;.ghanges to City financial operating practices. """" Mayor Lizee stated Staff had already demonstrated its experienc~;:wHlirti~J:)frging to the approved City budget; and its efforts occur throughout the year, not just at year:;~nd. ShecQmm.ented that Council and Staff had not yet met to establish the City's 2007-08 pt:iorities.Sli~':~.!ated there could be benefit to periodically review the process used to budgef;:;~.h~ noted Staff had consistently won awards for its accounting practices reporting. She;ai~i)1 st~ted it was important for Council to follow the established items to Council~;foireview and consideration. Woodruff moved, Spending for all Advance February 12, 2007. more frequent monitoring of what concerns it wanted to adequately determine this topic to a work Councilmember Callies stated the the City's budget. She then stated it was address with the current financial operating what changes should be implemented; seSSIOn. Motion Continue Discussion of Limiting of the 2007 Budgeted Amounts Unless Specific Council Work Session scheduled for 10. and Estimates and Authorize Advertisement of Bids Interconnect, City Project 05-11 24, 2006, City Council meeting Council had adopted a resolution estimates and authorizing advertisement of bids for the Chanhassen project. At an August 29,2006, City Council special meeting Council adopted a resolution bid and awarding contract for the project. At a September 25,2006, City Council meeting Council then adopted a resolution rescinding the award of the contract, per his recommendation, because of the contractor's unresponsiveness. He stated at the time the contract was rescinded he had informed Council that he would present the request for Council to approve plans and authorize advertisement for bids to Council in January 2007. In response to a question from Mayor Lizee, Attorney Keane explained the City was bound by a public competitive bidding act to execute a competitive bidding process for the purchase of goods or services in excess of $50,000. The City was then obligated to award the contract to the lowest responsible bidder, reject all bids, or re-bid the project. SHOREWOOD CITY COUNCIL REGULAR MEETING January 8, 2007 Page 8 of9 Councilmember Wellens commented that the project would be funded entirely with revenue from water sales. Wellens moved, Callies seconded, Adopting RESOLUTION NO. 07-005, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids on the Chanhassen Interconnection / Woodhaven Well Project, City Project NO. 05-11." Motion passed 5/0. B. Setting Date for Public Information Meeting - Teal Circle Reconstruction Project Mallard Lane and Administrator could be appropriate to area. The purpose of impacts that may resolved. He Director Brown explained that Councilmember Turgeon had conduct a post construction neighborhood meeting with the the meeting would be to provide residents the opportunity to have occurred during construction, the construction stated Staff recommended a public information Turgeon moved, Woodruff seconded, Setting 7:00 Information Post Construction Meeting for the Reconstruction Project. Motion passed as the for a Public Mallard Lane, Teal Circle 11. STAFF AND COUNCIL A. Director Brown as a City employee. Council, and today was his first day Administrator Dawson Long Lake Fire transition of the Navarre Fire Station to the process occurring on the Minnetonka Country Club eleven deer to-date. It was anticipated there would He then stated the aerial deer census the Three Rivers on January 4,2007, had been rescheduled. be Park Landini to the Staff. B. Mayor Lizee stated she attended a Public Information meeting at the Southshore Center on January 4, 2007. The Metropolitan Council presented and discussed proposed improvements to its regional sanitary sewer facilities in the area. She then stated a Public Hearing on the same subject was scheduled for January 17, 2007, at the Southshore Center. SHOREWOOD CITY COUNCIL REGULAR MEETING January 8, 2007 Page 9 of 9 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Regular Meeting of January 8, 2007, at 8:05 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Craig W. Dawson, City Administrator/Clerk Christine ATTEST: PAYROLL APPRO V ALS For 1/22/2007 Council Meeting Prepared ~ /~it:;/ Date: Michelle T. Ngu~', Sf. Accounting Clerk J1 ,~.' Reviewed by: ~ r Date: Bonnie Burton, Finance Director son, City Administrator Date: OIl B. '/)1 It PAYABLESAPPROVALS For 1/22/2007 Council Meeting Prepared b";}ll . (7 ~~. P'Mich~lle T. ~gu0 Reviewed by: ~ Date: Bonnie Burton, Finance Director Approved by: ~ . Date: ~ II fJ. 01 Crai awson, City Administrator CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: TO: FROM: CC: RE: January 17,2007 Mayor and City Council uV~V{\ Jean Panchyshyn, Deputy Clerk cr Craig W. Dawson, City Administrator/Clerk MUNICIP AL LIQUOR STORE TEMPORARY LICENSE FOR WINE TASTING EVENTS The Shorewood Wine Club has several wine tasting events scheduled throughout 2007. Pursuant to Minnesota Statute 340A.401, the State's Alcohol and Gambling Enforcement Division requires Shorewood Liquor to have a Temporary Liquor License for events held at off-site facilities that do not carry a liquor license. Two of the wine-tasting events will be held at the Southshore Center at 5735 Country Club Road. As the Southshore Center does not hold a liquor license, a Temporary License is needed by Shorewood Liquor for the following wine tasting event dates: Saturday, February 3, 1 :00-3:00 PM Wednesday, September 12, 7:00-9:00 PM Shorewood Liquor has completed the temporary liquor license applications for the two events to be held at the Southshore Center. A copy of the license application and corresponding resolution are attached. COUNCIL ACTION 1) 2) Adoption of a Resolution Approving a Temporary On-Sale Liquor License to Shorewood Liquor for Saturday, February 3, 2007; Adoption of a Resolution Approving a Temporary On-Sale Liquor License to Shorewood Liquor for Wednesday, September 12,2007. ~" f: . PRINTED ON RECYCLED PAPER ..to' #3r: CITY OF SHOREWOOD RESOLUTION NO. 07- A RESOLUTION APPROVING A TEMPORARY ON-SALE LIQUOR LICENSE WHEREAS, pursuant to Minnesota Statutes 340AAO 1, the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division requires an application and permit for a temporary liquor license for Municipal Liquor wine-tasting events; WHEREAS, said Department provides that an applicant shall complete an application for a temporary on-sale liquor license for approval by the City; WHEREAS, the applicant has satisfactorily completed an application for the issuance of a temporary on-sale liquor license; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a temporary on-sale liquor license be issued to Shorewood Liquor, for its wine tasting event on February 3, 2007, from 1 :00 P.M. to 3:00 P.M., at the Southshore Center, 5735 Country Club Road. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January, 2007. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 07- A RESOLUTION APPROVING A TEMPORARY ON-SALE LIQUOR LICENSE WHEREAS, pursuant to Minnesota Statutes 340AAOl, the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division requires an application and permit for a temporary liquor license for Municipal Liquor wine-tasting events; WHEREAS, said Department provides that an applicant shall complete an application for a temporary on-sale liquor license for approval by the City; WHEREAS, the applicant has satisfactorily completed an application for the issuance of a temporary on-sale liquor license; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a temporary on-sale liquor license be issued to Shorewood Liquor, for its wine tasting event on September 12,2007, from 7:00 P.M. to 9:00 P.M., at the Southshore Center, 5735 Country Club Road. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January, 2007. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION TAX EXEMPT NUMBER 1\ DATE ORGANIZED STREET ADDRESS CITY STATE ZIP CODE ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe L,~"." 'o_)u~ /r- . 7::> D P "J 31 , /", ' I' "". \ ,i """ 'c.-')i",I/'-c ",J n" i'I,A! Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. ) \ { t~lA. \ \' ~ ~fl , APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (05/06) Minnesota Depmtrnent of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER STATE ZIP CODE STREET ADDRESS CITY NAME OF PERSON MAKING APPLICATION \'\ 1\ (J U,,,", 0\ \)\1 I DATES LIQUOR WILL BE SOLD ORGANIZATION OFFICER'S NAME ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe II ~i) CA \lr. c;' i\ v' c ~ () 'Y\ f'r\ lV' ~ r-1 C' C' i, ,)e {\, ,f' ,--e.,,~ 1/ f)-V~') C-, t. ,C', i ~~ >. 'i' i i UJ,\, I ~.,t!D n 0 J\.if' ~)'~bf ( w r)cJJ 1",1) N /l' .'_ /10 I "';'>) ,},J ( Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. ,r', D.. t >>.,.. , ~) t \ tl,< \ \ r ,\ I) e l t r ,; :1i c. vO ()I ...I J -_. u dt...;., \ \ I ~ \.9 i (; ::':) l,t' (, [-,"1/\,..1, 'I' > _ , (, jl/ . l.l \~ ,~LI,,\<j 4' v! APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED i \ CITY FEE AMOUNT (\ i 'i / t\'> \;! LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (05/06) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DATE: January 17,2007 cc: Mayor and Council Members Jean Panchyshyn, Deputy Clerk &~ Craig W. Dawson, City Administrator/Clerk TO: FROM: RE: A Motion Approving a Request to Allow the Wells Fargo Half Marathon to Traverse the City on Sunday, May 6, 2007 The annual Wells Fargo Half Marathon is scheduled for Sunday, May 6, 2007. The attached correspondence from Loretta Docken, Race Director, states that there will be no change to the marathon route. A copy of the route map is attached. The runners will remain on Cty. Rd. 19 until they enter the LRT in Excelsior near Beehrle Street. The runners are on the LRT for just a short time until they finish the race in Excelsior at the Wells Fargo Bank. The race begins at 8:00 a.m., the first runners finish around 9: 15 a.m., and the last of the runners enter Excelsior around 11 :00 a.m. Staff recommends Council approve the request to allow the marathon to traverse the City on Sunday, May 6, 2007. C: Police Chief Bryan Litsey ,,, ~ . PRINTED ON RECYCLED PAPER ..to' #3D Wells Fargo Bank Minnesota Na Wayzata Office 900 East Wayzata Blvd Wayzata, MN 55391 January 2, 2007 Mayor Chris Lizee City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Wells Fargo Lake Minnetonka Half Marathon Dear Mayor Lizee: The 27th annual Wells Fargo Lake Minnetonka Half Marathon between Wayzata and Excelsior is scheduled for Sunday, May 6,2007. We will begin the race at 8:00 a.m. in Wayzata. The race route will be the same as in past years. Once again, we will be contributing race proceeds to lake area community endeavors. Please send me any permit applications your ordinances may require. I will complete and return them immediately upon receipt. Should you have any questions, please call me at 612-316-1441. Sincerely, ~? ; t:6 .~~/d ''-"':-- ) < Loretta L. Docken Race Director c .~. ):: .. t'V' o I' ....... iC\_/:: .l'~~on <' .,.,.' ....:' J:.. .. ,-_~3"" -'::.. t!!. ! tt ~. ." ' . .. .:. ." :. " . " " . ;-l :.C::.'l" .' .'c' '., .' .....' ',' ." .~. """ .,..;... .' ~'~~m' ~Fa;;;;' Roal ..' .' ,..,~" ,- '.' 0') 'J'" .. 'le',. . . ... .'.' 0'"':. . ..... ~ --::. '.' .:.. ,,','. .'" r..,.' Rd .' ...... . . ,Ed.' ...., " . ~ -g. " : :::.~ c. ;..... ".: '''' ,.,'4 ~. <;,1:,,, . ~,,;....,' ~~ O' So g. , ..J. . "'-- [.... \\g .,.... ..... ..... 0.. ..... ..... ~O \ ~: \:~ \ .... r- ~~ \ ~ ~~~ N 'i\~; o ~ ;i- ~'\J ... , ,,.,, /,~~:~ ~Q$ Coy d. :.','.' > .. \ '. .... .' .... :, ." ~ J I ':-?o;rOC\"1> '.' :c c:gl>u>. .l:> ~ [; ct- . ~,' ,', ~~ ::....or ~o~ m ~ ~ :; '. ;~/;~'J y~,- l i!~' ....:; ".ifc:t;~./. ../ i !ijJ" l ) _'I\\l~""'/ C':'.'/ II : /", Orchard ,.. .:'" 01 \:\~:...\.-., ~.' ,; ':,'.# ,/' "q l/l'''~ Park Rd, .;o~ .... JjQ'O <} :: '_~" ~ [.j-": 'or . '" /1 i} ~i~-~;~o' ~ .~~ _~~!l;fJ' .. _ ~ . ! ;;~.l"~~",. _ ~ . :.> i- ~}~~ '. '. '. . o:l Did ~ Crvstal Bay Rd, :l <!. 'o~.l:> ~ r 0 ~. ~ 0')/ ,~:/ l 1C it! \, ~ WillOW! ~ Driv~ CJ - ""'" ~_::l .' . _ ~~ :$,i-rr= -G1~LQeI ~r CJ a\~\'" ~ ~OJ ..... '-- ~__ __ ,0'" Lon .ft 5. I );,' .' . '.' ......' .. ".~"~, ~~\ ./ ~ '\~,),,~o ~(""1. 'I Brown Roa~ .'- ,", :;; -j\ ~y ~W~I,~I lr:~! .c ". '..: '. .' ""__ (6' 't 1b] l:11?'r/~\ . ....l~~J~ ,,~; '\,. y:V r' . . . . . .' ItV,ll) 'f' 0 I ..... ~ __~.../l <g ~ i'i /.71 !. ~ /y . ....' ,c :. .:.. r/. ~ ,'P"-. '1'-1..: J <- . \::C: 11 ... '. ;/" .'. I' ... ~\,,:" ,,".-,0\/ ~ ~ - '. .. ..... .' .....g'....... ~ nIL ~'(i' l '.. . ..' ..Il.;,.:'i. 01 ~ "Q (aka Rd. , '. .' '.' '. . 11 :f '" -y'i/ . .... r'" g 1> . . 1<. .... ~ 0 ~f /~r- \" ,': ,'" ( ,~.:' 'Q'O~ ~ c:.J~ - '. . .....~:: & r- iii' ~:' .'. ....... . ..... '. \:;: o;~, q ~ a ";/ ..;.;i .. w'""":;:,) p;' fA,;, ~ ": '.'1/: - ..~l · d[ '\'"- (- <; "'.: <rl/bl"L 'V!:lb:(fi' Jl I (.: . ~ ~/;: . .' ~'<. (8 !'- IC.~ IF "., " ~~;;~~ral Ave. \ ~n~es 1: '. g ..."~) ~ , :; ~i!/ it 0 kfr': '\; .!'~ n" , 'ahJOn-;,3 '. tf' ~~I' Vicksburg l V l ..... 0') 'tJ <0 CJ1 ..... ,'t..,: :rown l a., CJ1 l! <' .... W Rd, n;' ~ r,.. ~ \ o;--t- . I mnewaShta"I-'---' '. t;;; \.;.,,-"" y~ J~~ <0 ~ to ~; ..... .(1 %:.'; ", .... ~~~ <0 ~': L !:' , l-: ',: , \'~:r;, r~f)f----'ioAsemlte ,,!pffi '" .,.,.," J::'.l~)) ve. e "" ~~~ \~~. """-'. 9." -:...,' ...~\.,. ~"... ~ ~o; ~i~~~'~i ~. vin~' ~lil . Rd. ~ , Rd. .... :n) 00.' . . Jc~W' 192nd Ave.' ~:n' ~ I", I De R~ i..........!'- c : Sparrow Rd. \ ~ $: 1/.. ~ ~""~ rn :s \ '0::: f r:n C7S-.s>: ~\ l:a " I 0 "" elj p. \, < I <:-Clf ~. Iffi:\ ~, i --0-" -g-.--\;;----:-. !\) I ~,.". C' : ~. 5 .'\ 'nuck \~Lake . Rd. . l ~'>.1>.,..~ : ~':r ~\~t. ~ ~ ~,,~.:',.. ~} '~'. ! m .t/~\.., h. ~ _ i :~ '..~ -.j '" o o a. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: FROM: DATE: RE: Mayor and City Council Pat Fasching, Secretary Craig Dawson, City Administrator January 22, 2007 Motion Establishing May 19,2007 as Spring Cleanup Day Traditionally, the City of Shorewood has established a date in May of each year as Spring Cleanup Day. Staff has reviewed the calendar and has determined that May 19,2007 is a date that falls outside of Mother's Day and Opening Fishing. Therefore, Staff is recommending that this day be established as the official day for Spring Cleanup. Once established, Staff will commence with a request for proposals for refuse, appliance, electronics, and tire disposal. Recommendation Staff is recommending approval of a notion that establishes May 19, 2007 as Spring Cleanup Day for the City of Shorewood. #-3l: ~'\ PRINTED ON RECYCLED PAPER ..to' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: January 18,2007 RE: Accept Supplemental Agreement 8, Accept Improvements and Authorize Final Payment for the County Road 19 Reconstruction Project. The County Road 19 Smithtown Road Reconstruction Project has been completed for better than a year. As the normal path of the project, the contractor, the Cities and the County, all have to verify construction records and tally all costs involved. It is normal for this process to take a year, or even longer. This is due to the sheer volume of records that have to be verified and agreed to by all of the parties subject to the contract. Supplemental Aexeement 8 The first item of business is Supplemental Agreement 8 (refer to Attachment 1). Hennepin County, similar to the state, utilize "Supplemental Agreements" versus, what had routinely been processed as a change orders, previously. This supplemental agreement represents months of effort and discussion as to changes and extra work completed by the contractor. The amount that has been settled upon is $54,000. The agreement allocates 100 percent of this change to Hennepin County's portion of the project. Since the City is a party to the contract, and is serving as the administrator of the construction for the project, the City must approve the agreement for it to be valid. Staff is recommending approval of this item. Acceptance of the Construction Proiect and Authorize Final Payment This portion accepts the final project and authorizes final payment to Eureka Construction. Please note that this is NOT all that will be paid out for the project. This item considers the roadway construction contract between the City, County, and Eureka Construction. Payment for undergrounding of the utilities along the project corridor, with Xcel Energy, is still under negotiations. It is anticipated that the remaining issues, outside of the construction contract, will be resolved within the next four weeks. ,,, ~ . PRINTED ON RECYCLED PAPER ..to' .:t+3P Mayor and City Council Final Acceptance County Road 19 Project January 18,2007 Page 2 of2 A summary ofthe overall construction costs is as follows: Agency and Fund Original Contract Final Contract Hennepin County Roadway Funds $ 2,087,307.10 $ 2,211,112.91 Hennepin County State Aid Funds $ 330,076.96 $ 360,181.76 Subtotal Hennepin County $ 2,417,384.06 $ 2,571,294.67 Shorewood Roadway Funds $ 50,910.00 $ 60,731.99 Shorewood State Aid Funds $ 981,820.80 $ 1,044,931.75 Subtotal Shorewood $ 1,032,730.80 $ 1,105,663.74 Tonka Bay Roadway Funds $ 116,207.59 $ 125,586.88 Subtotal Tonka Bay $ 116,207.59 $ 125,586.88 Total $ 3,566,322.45 $ 3,802,545.29 Table I: Construction Cost Summary The overall change in the construction contract equates to 6.6 percent. For a project of this magnitude, this is an excellent finish. Recommendation Staff is recommending approval of the resolution at accepts Supplemental Agreement 8, Accepts the final project and authorizes final payment for the County Road 19 - Smithtown Road Reconstruction Project. A resolution is attached for your consideration. SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY TRANSPORTATION DEPARTMENT CONSTRUCTION DIVISION SUPPLEMENTAL AGREEMENT NO. 08 CONTRACT NO. 9821 COUNTY PROJECT NO. 9821 S.A.P. 27-619-18 COUNTY STATE AIDIDGHWAY 19 LOCATION: On CSAH 19 in Shorewood & Tonka Bay CLASS OF WORK: Grading, Surfacing, Storm Sewer, Sanitary Sewer, Watermain, Signal, Signing, and Appurtenant Work. CONTRACTOR: Eureka Construction Inc. 8500 2l0th St. W. Suite 130 Lakeville, MN 55044 This contract is amended as follows: WHEREAS: This contract provides for, among other things, grading, surfacing, storm sewer, sanitary sewer, watermain, signal system, signing, and appurtenant work, and WHEREAS: The Contractor has filed certain claims relating to work preformed under the Contract; and WHEREAS: The Engineer has reviewed these claims and determined that some of the claims asserted by the Contractor are valid; and WHEREAS: Hennepin County and the Contractor have reached an agreement to fully and completely settle all claims that have been or could have been brought by the Contractor on this project. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Supplemental Agreement constitutes a full and final settlement of all claims for additional compensation that the Contractor submitted, could have submitted or might otherwise hereafter submit in any form whatsoever, not only for itself but also on behalf of any subcontractor or supplier. 2. The Contractor releases and covenants not to sue Hennepin County, or any of its representatives, based on any claims, demands. Charges, suits and action that the Contractor and its suppliers may now or in the future have against Hennepin County, or any of its representatives, whether known or unknown, for damage losses, charges, expenses, delays, or compensation of whatever nature or kind based upon, or in any way arising out of any work preformed by the Contractor or any subcontractors or suppliers in the performance of the Contract. 1 Attachment # 1 . 10-( .. 3. In consideration of the settlement of all of the Contractor's pending and potential claims and its release and covenant not to sue, Hennepin County agrees to pay and the Contractor agrees to accept the negotiated lump sum settlement payment of $54,000.00 4. The Contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the work and materials provided for in this agreement. 5. The contract time will not be revised except as may be provided under the contract provisions of Mn/DOT specification 1806; 1903 does not apply. ESTIMA TE OF COST 2000 SPECIFICATIONS Total Increase of SUDDlemental Aereement 8 G $54.000.00 rouD 1 ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT 2016.601/00030 Final Claims Resolution Lump Sum I $54,000.00 $54,000.00 Subtotal Increase $54,000.00 Net Increase Group 1 $54,000.00 Cost Distribution S.A.P. 27-619-18 = 100% Hennepin County Except as provided herein, all terms and conditions in said Contract thereto shall remain in full force and effect. 2 F: iWPWIN;1388-0 [',sUPPLEMENTAL AGREEMENTSiSA 8.doc .. ... . SUPPLEMENT AL AGREEMENT Contractor, having signed this contract, and the County having duly approved this contract on , 2006, pursuant to such approval and the proper County official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA Approved as to form: Approved: By: Assistant County Attorney By: Assistant County Administrator, Public Works Date: Recommended for approval: Approved as to execution: By: By: Assistant County Attorney Director, Transportation Department and County . neer Date: '-- STATE OF MINNESOTA EUREKA CONSTRUCTION INC. DEPARTMENT OF TRANSPORTATION By: ~ ~ "1'/06 For Funding Approval Only: Its: P~o~6::.."" ~Ao~ By: And: Metro District State-Aid Engineer Date: Its: EUREKA CONSTRUCTION INC. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA) I,t:~':~"'~. ".~~f_. l~~:: (VOl). -, DEANNA MARIE lESEMAN NOTARY PUBUC. MINNESOTA My Commission ExpIres Jan. 31,2010 ,2006 This foregoing instrument was acknowledged before me on by N1a.-4+l-ul.J ThON)ClSm as 'PE.~ ~ and by as of EUf/k a,n.~O{l~ -:Me . Notary Public ~ M~ ~fttlV\. My commission expires: L)f b die) 3 F:',WPWlN\/ 388-0/iSUPPLEMENTAL AGREEMENTSiSA 8.doc CITY OF SHOREWOOD RESOLUTION NO 07- A RESOLUTION ACCEPTING FINAL IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT FOR THE COUNTY ROAD 19 INTERSECTION RECONSTRUCTION PROJECT, S.A.P. 216-101-02; S.A.P. 27-619-18 WHEREAS, on November 22, 2004, the City of Shorewood entered into a contract for construction with Eureka Construction, Inc. for the County Road 19 Intersection Improvement Project, S.A.P. 27-619-18; and, WHEREAS, additional work has been completed by Eureka Construction Inc. in accordance with Supplemental Agreement 8, Attached hereto as Exhibit A; and WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED: 1. Supplemental Agreement 8, as proposed and shown in Exhibit A to this document, is hereby approved. 2. The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the two-year guarantee shall commence as of the date of this resolution, subject to the following items: a. The Contractor furnish the City a two-year maintenance bond pursuant to the contract. b. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. c. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED by the City Council of the City of Shorewood this 22nd day of January, 2007. Christine Lizee, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk 3F SUPPLEMENTAL AGREEMENT HENNEPIN COUNTY TRANSPORT ATION DEPARTMENT CONSTRUCTION DIVISION SUPPLEMENT AL AGREEMENT NO. 08 CONTRACT NO. 9821 COUNTY PROJECT NO. 9821 S.A.P. 27-619-18 COUNTY STATE AID mGHWAY 19 LOCATION: On CSAH 19 in Shorewood & Tonka Bay CLASS OF WORK: Grading, Surfacing, Storm Sewer, Sanitary Sewer, Watermain, Signal, Signing, and Appurtenant Work. CONTRACTOR: Eureka Construction Inc. 8500 210th St. W. Suite 130 Lakeville, MN 55044 This contract is amended as follows: WHEREAS: This contract provides for, among other things, grading, surfacing, storm sewer, sanitary sewer, watermain, signal system, signing, and appurtenant work, and WHEREAS: The Contractor has filed certain claims relating to work preformed under the Contract; and WHEREAS: The Engineer has reviewed these claims and determined that some of the claims asserted by the Contractor are valid; and WHEREAS: Hennepin County and the Contractor have reached an agreement to fully and completely settle all claims that have been or could have been brought by the Contractor on this project. NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Supplemental Agreement constitutes a full and final settlement of all claims for additional compensation that the Contractor submitted, could have submitted or might otherwise hereafter submit in any form whatsoever, not only for itself but also on behalf of any subcontractor or supplier. 2. The Contractor releases and covenants not to sue Hennepin County, or any of its representatives, based on any claims, demands. Charges, suits and action that the Contractor and its suppliers may now or in the future have against Hennepin County, or any of its representatives, whether known or unknown, for damage losses, charges, expenses, delays, or compensation of whatever nature or kind based upon, or in any way arising out of any work preformed by the Contractor or any subcontractors or suppliers in the performance of the Contract. 1 E:.XH i e-,I'T A " ",-( .. 3. In consideration of the settlement of all of the Contractor's pending and potential claims and its release and covenant not to sue, Hennepin County agrees to pay and the Contractor agrees to accept the negotiated lump sum settlement payment of $54,000.00 4. The Contractor shall not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the work and materials provided for in this agreement. 5. The contract time will not be revised except as may be provided under the contract provisions of MnlDOT specification 1806; 1903 does not apply. ESTIMATE OF COST 2000 SPECIFICATIONS Total Increase of Supplemental Aereement 8 G 1 $54,000.00 roup ITEM NO. ITEM UNIT QUAN. UNIT PRICE AMOUNT 2016.601/00030 Final Claims Resolution Lump Sum I $54,000.00 $54,000.00 Subtotal Increase $54,000.00 Net Increase Group 1 $54,000.00 Cost Distribution S.A.P. 27-619-18 = 100% Hennepin County Except as provided herein, all terms and conditions in said Contract thereto shall remain in full force and effect. 2 F: \WPWJN;] 388.0 f',IjUPPLEMENTAL AGREEMENTSISA 8.doc ~ SUPPLEMENT AL AGREEMENT Contractor, having signed this contract, and the County having duly approved this contract on , 2006, pursuant to such approval and the proper County official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN STATE OF MINNESOTA Approved as to form: Approved: By: Assistant County Attorney By: Assistant County Administrator, Public Works Date: Recommended for approval: Approved as to execution: By: Date: Director, Transportation Department and co~nee~ By: k I?; /; -k,~ Project ngineer ~ By: Assistant County Attorney CITY OF SHOREWOOD ~ '-- STATE OF MINNESOTA EUREKA CONSTRUCTION INC. DEPARTMENTOFTRANSPORTATION By: ~ ~ "/'/06 For Funding Approval Only: Its: p~o.)~,.. ~A..~ By: And: Metro District State-Aid Engineer Date: Its: EUREKA CONSTRUCTION INC. STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA) DEANNA MARIE lESEMAN NOTARY PUBUC. MINNESOTA My Commlsslon ExpIres Jan. 31, 2010 This foregoing instrument was acknowledged before me on !~~~~. r~\;~ '<{1,,1~~~ rJr)lj. I ,2006 by N1ll..+r~(vJ Thorvpsm as 'P!~ ~ and by as of ElJ.f!.1tJ... a')Y\~Oill -:7Vic. . Notary Public ~ Maru.i &.k/l1W'\. My commission expires: /JI13,IIJ 3 F:' WPWIN'.1388-0 I,sUP PLEMENTAL AGREEM/:::NTSiSA 8.doc &: ffssociates, inc. Owner: Hennepin County 1600 Prairie Drive Medina, MN 55340-5421 For Period: 12/1/2006 to 11312007 Contractor: Eureka Construction 8500 210th Street West Lakeville, MN 55044 Pay Voucher HENN - CSAH 19 @ Smithtown Rd Client Contract No.. Project No.. 01388-01 Client Project No.: 9821 Thursday, January 04, 2007 Date: 1/4/2007 01388-01 - Pay Voucher 16 WSB Request No.: 16 & FINAL Projgct Summary 1 Original Contract Amount $3,566,322.45 2 Contract Changes - Addition $337,314.37 3 Contract Changes - Deduction ($3,712.63) 4 Revised Contract Amount $3,899,924.19 5 Value Completed to Date $3,802,545.29 6 Material on Hand $0.00 7 Amount Earned $3,802,545.29 8 Less Retainage $0.00 9 Subtotal $3,802,545.29 10 Less Amount Paid Previously $3,766,041.66 11 Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHER NO. 16 & FINAL $36,503.63 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER. Recommended for Approval by: WSB & Associates, Inc. Approved by Owner: Hennepin County Approved by Contractor: Eureka Construction Approved by Owner: City of Shorewood Specified Contract Completion Date. 9/30/20Q5 Date: Comment: 1 of 10 01388-01 - Pay Voucher 16 Thursday, January 04, 2007 Project Material Status Item Item Description Units Unit Price Contract Quantity to Current Amount to No. Quantity Date Quantity Date PART A 1 2021.501 MOBILIZATION LUMP SUM $170,000.00 1 1 0 $170,000.00 11 2031.501 FIELD OFFICE TYPE D-MODIFIED EACH $15,000.00 1 1 0 $15,000.00 16 2101.501 CLEARING ACRE $3,50000 303 3.79 0 $13,265.00 19 2101.506 GRUBBING ACRE $3,50000 303 3.54 0 $12,390.00 22 2101.603 ROOT CUTTING L1N FT $1.00 580 0 0 $0.00 25 2101.610 TREE TRIMMING HOUR $80.00 10 0 0 $0.00 28 2102.502 PAVEMENT MARKING REMOVAL-TEMPORARY L1N FT $0.35 5540 7246 0 $2,536.10 31 2102.502 PAVEMENT MARKING REMOVAL-PERMANENT L1N FT $040 8160 6509 0 $2,603.60 34 2104.501 REMOVE WATER MAIN L1N FT $12.00 378 172 0 $2,064.00 36 2104.501 REMOVE SEWER PIPE (STORM) L1N FT $12.00 697 508 0 $6,09600 38 2104.501 REMOVE SEWER PIPE (SANITARY) L1N FT $1200 354 310 0 $3,720.00 40 2104.501 REMOVE CURB AND GUTTER L1N FT $350 622 773 0 $2,70550 42 2104.503 REMOVE RETAINING WALL SQ FT $5.00 335 125 0 $625.00 44 2104.505 REMOVE PAVEMENT SQ YD $6.00 900 942 0 $5,652.00 46 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SQ YD $6.00 60 128 0 $768.00 48 2104.505 REMOVE BITUMINOUS PAVEMENT (P) SQ YD $2.80 27310 27581.9 0 $77,229.32 49 2104.509 REMOVE BUILDING FOUNDATION LUMP SUM $3,000.00 1 1 0 $3,000.00 50 2104.509 REMOVE CONCRETE APRON EACH $300.00 11 11 0 $3,300.00 51 2104.509 REMOVE LIGHT BASE FOUNDATION EACH $300.00 8 7 0 $2,100 00 52 2104.509 REMOVE MANHOLE (STORM) EACH $400.00 4 2 0 $800.00 53 2104.509 REMOVE CATCH BASIN EACH $400.00 7 6 0 $2,40000 54 2104.509 REMOVE SIGN TYPE C EACH $25.00 28 26 0 $650.00 55 2104.509 REMOVE HYDRANT EACH $600.00 3 4 0 $2,400.00 56 2104.509 REMOVE GATE VALVE EACH $400.00 1 1 0 $400.00 57 2104.509 REMOVE MANHOLE (SANITARY) EACH $700.00 1 1 0 $700.00 58 2104.509 REMOVE SIGN TYPE D EACH $30.00 1 1 0 $30.00 59 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) L1N FT $10.00 148 0 0 $0.00 60 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) L1N FT $4.00 1815 1734 0 $6,936.00 61 2104.523 SALVAGE SIGN TYPE C EACH $2500 4 4 0 $100.00 62 2104.523 SALVAGE SIGN TYPE SPECIAL EACH $25.00 4 4 0 $100.00 63 2104.523 SALVAGE LIGHT STANDARD & LUMINAIRE EACH $20000 6 6 0 $1,20000 64 2104.603 ABANDON PIPE SEWER L1N FT $8.00 180 60 0 $480.00 65 2104.525 ABANDON & SEAL WELL SHAFT EACH $3,00000 1 1 0 $3,000.00 66 2104.601 SALVAGE SIGNAL SYSTEM LUMP SUM $3,230.00 1 1 0 $3,230.00 67 2104.603 ABANDON WATER MAIN L1N FT $5.00 566 585 0 $2,925.00 68 2105.501 COMMON EXCAVATION (P) CU YD $7.50 21601 21787 0 $163,402.50 69 2105.522 SELECT GRANULAR BORROW (CV) (P) CU YD $11.00 10167 10167 0 $111,837.00 70 2105.604 GEOTEXTILE FABRIC TYPE V SQYD $125 5450 7895.64 0 $9,869.55 71 2105.607 EXCAVATION SPECIAL 1 (P) CU YD $6.00 11300 11300 0 $67,80000 72 2105.607 AGGREGATE BACKFILL (CV) CU YD $50.00 50 220.8 0 $11,040.00 73 2105.609 HAUL & DISPOSE OF CONTAMINATED MATERIAL TON $20.00 6400 959.94 0 $19,198.80 74 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $110.00 80 103.75 0 $11,412.50 75 2130.501 WATER M GALLONS $50.00 28 28.5 0 $1,425.00 76 2131.502 CALCIUM CHLORIDE SOLUTION GALLON $2.00 300 750 0 $1,50000 77 2211.503 AGGREGATE BASE (CV) CLASS 5 (P) CU YD $2100 9812 9811.94 0 $206,050.74 78 2211.501 AGGREGATE BASE CLASS 5 TON $12.00 400 400.97 0 $4,811.64 79 2231.501 BITUMINOUS PATCHING MIXTURE TON $104.00 80 45.88 0 $4.771.52 80 2350.501 TYPE MV 4 WEARING COURSE MIXTURE (B) TON $44.00 1117 1117 0 $49,148.00 81 2350.502 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TON $40 00 1336 1336 0 $53,440.00 82 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $175 2508 2790 0 $4,88250 2 of 10 01388-01 - Pay Voucher 16 Thursday, January 04, 2007 Item Item Description Units Unit Price Contract Quantity to Current Amount to No. Quantity Date Quantity Date 83 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (4,B) TON $39.00 4420 4420 0 $172,380.00 84 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4,B) TON $40.00 2815 2815 0 $112,600.00 85 2401.501 STRUCTURAL CONCRETE (1A43) (P) CU YD $420 00 2817 281.7 0 $118,31400 86 2401.501 STRUCTURAL CONCRETE (3Y43) (P) CU YD $445.00 511.4 511.4 0 $227,57300 87 2401541 REINFORCEMENT BARS (P) POUND $1.05 31774 31774 0 $33,362.70 88 2401.541 REINFORCEMENT BARS (EPOXY COATED) (P) POUND $1.35 72724 72724 0 $98,177.40 89 2402.583 ORNAMENTAL RAILING TYPE SPECIAL (P) L1N FT $100.00 974 974 0 $97,400.00 90 2411.521 GRANULAR BACKFILL (CV) (P) CU YD $11.00 4299 4299 0 $47,289.00 91 2411.511 STRUCTURE EXCAVATION CLASS U CU YD $9.00 4710 4710 0 $42,390.00 92 2411.618 ARCHITECTURAL CONCRETE TEXTURE (P) SQ FT $5.00 6085 6085 0 $30,425.00 93 2411.618 ARCHITECTURAL COLOR SYSTEM (P) SQ FT $4.00 6085 6085 0 $24,340.00 94 2411.618 MODULAR BLOCK RETAINING WALL SQ FT $20.00 300 364.25 0 $7,285.00 95 2422.618 WOOD RETAINING WALL SQ FT $23.00 40 0 0 $0.00 96 2452.618 STEEL SHEET PILING (PERMANENT) SQ FT $19.00 2737 2737 0 $52,003.00 Totals For Section PART A: $2,132,534.37 PART B 97 2501.515 18" RC PIPE APRON EACH $500.00 1 1 0 $500.00 98 2501.515 24" RC PIPE APRON EACH $600.00 3 3 0 $1,800.00 99 2501.515 30" RC PIPE APRON EACH $700.00 1 1 0 $700.00 100 2501.515 36" RC PIPE APRON EACH $1,000,00 1 1 0 $1,000,00 101 2501,602 TRASH GUARD FOR 18" PIPE APRON EACH $300 00 1 1 0 $300,00 102 2501,602 TRASH GUARD FOR 24" PIPE APRON EACH $600 00 1 2 0 $1,20000 103 2501.602 TRASH GUARD FOR 30" PIPE APRON EACH $1,100,00 1 1 0 $1,10000 104 2501,602 TRASH GUARD FOR 36" PIPE APRON EACH $1,300,00 1 1 0 $1,300.00 105 2502.541 6" PERF PVC PIPE DRAIN L1N FT $22,00 900 860 0 $18,920.00 106 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V L1N FT $25.00 2700 2700 0 $67,500.00 107 2503,541 18" RC PIPE SEWER DESIGN 3006 L1N FT $27.00 325 325 0 $8,775.00 108 2503,541 18" RC PIPE SEWER DESIGN 3006 CLASS III L1N FT $40,00 483 483 0 $19,320,00 109 2503,541 21" RC PIPE SEWER DESIGN 3006 L1N FT $30,00 99 102 0 $3,060.00 110 2503,541 21" RC PIPE SEWER DESIGN 3006 CLASS III L1N FT $30.00 28 28 0 $840.00 111 2503.541 24" RC PIPE SEWER DESIGN 3006 L1N FT $35,00 66 111 0 $3,885.00 112 2503.541 24" RC PIPE SEWER DESIGN 3006 CLASS IV L1N FT $55.00 26 88 0 $4,840.00 113 2503,541 30" RC PIPE SEWER DESIGN 3006 CLASS IV L1N FT $65.00 248 262 0 $17,030.00 114 2503,541 36" RC PIPE SEWER DESIGN 3006 L1N FT $55.00 190 188 0 $10,340.00 115 2503,541 36" RC PIPE SEWER DESIGN 3006 CLASS IV L1N FT $60,00 171 177 0 $10,620.00 116 2503,541 36" RC PIPE SEWER DESIGN 3006 CLASS V L1N FT $100,00 78 78 0 $7,800.00 117 2503,541 36" RC PIPE SEWER DESIGN 3006 CLASS V-JACKED L1N FT $634.00 161 161 0 $102,074.00 118 2503,601 SANITARY SEWER BYPASS LUMP SUM $2,00000 1 1 0 $2,000.00 119 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH $1,100,00 3 3 0 $3,30000 120 2503.602 CONNECT TO EXISTING MANHOLES (SAN) EACH $1,500,00 1 1 0 $1,500.00 121 2503.602 RECONNECT TO EXISTING SANITARY SEWER SERVICE EACH $800,00 1 1 0 $800.00 122 2503,602 6" SANITARY SEWER CLEANOUT EACH $500.00 1 1 0 $500,00 123 2503,602 CORE DRILLED HOLE W/BOOT EACH $600.00 1 1 0 $600.00 124 2503,603 12" PVC PIPE SEWER - SDR 35 UN FT $25.00 333 333 0 $8,325.00 125 2503.603 6" HDPE SANITARY SEWER SERVICE (DIRECTIONAL BORE) L1N FT $100,00 110 110 0 $11,000,00 126 2504,602 CONNECT TO EXISTING WATER MAIN EACH $1,200.00 4 4 0 $4,800.00 127 2504,602 HYDRANT EACH $2,400.00 4 4 0 $9,600.00 128 2504,602 6" GATE VALVE AND BOX EACH $850.00 5 5 0 $4,250.00 129 2504,602 12" GATE VALVE AND BOX EACH $1,70000 2 2 0 $3,400.00 130 2504.602 1.5" CURB STOP EACH $500.00 1 2 0 $1,000.00 3 of 10 01388-0 I - Pay Voucher 16 Thursday, January 04, 2007 Item Item Description Units Unit Price Contract Quantity to Current Amount to No. Quantity Date Quantity Date 131 2504.602 1.5" CORPORATION STOP EACH $400.00 1 2 0 $800.00 132 2504.602 CONNECT TO EXISTING WATER SERVICE EACH $600.00 1 1 0 $600.00 133 2504.603 1.5" TYPE K COPPER PIPE L1N FT $30.00 15 23 0 $690.00 134 2504.603 6" WATER MAIN-DUCT IRON CL 52 L1N FT $25.00 60 120 0 $3,000.00 135 2504.603 12" WATER MAIN-DUCT IRON CL 52 L1N FT $40.00 865 984 0 $39,360.00 136 2504.604 4" POLYSTYRENE INSULATION SQYD $22.00 15 1.78 0 $39.16 137 2504.608 DUCTILE IRON FITTINGS POUND $3.00 3030 5390 0 $16,170.00 138 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN F LlN FT $200.00 174.97 94.66 0 $18,932.00 139 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN G L1N FT $260.00 5601 55.1 0 $14,326.00 140 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 L1N FT $270.00 195.87 20171 0 $54,46170 141 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 54-4020 L1N FT $300.00 2504 56.79 0 $17,037.00 142 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 L1N FT $325.00 53.15 74.24 0 $24,128.00 143 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 LlN FT $375.00 27.57 13.5 0 $5,062.50 144 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH $3,000.00 1 1 0 $3,000.00 145 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 2 EACH $43,000.00 1 1 0 $43,000.00 146 2506.516 CASTING ASSEMBLY EACH $400.00 76 90 0 $36,00000 147 2506.522 ADJUST FRAME & RING CASTING EACH $250.00 14 13 0 $3,25000 148 2506.602 SEAL MANHOLE EACH $350.00 12 8 0 $2,800.00 149 2506.603 CONSTRUCT SANITARY MANHOLES L1N FT $225.00 13.06 13.88 0 $3,123.00 150 2506.603 RECONSTRUCT SANITARY MANHOLES L1N FT $300.00 4 4 0 $1,200.00 151 2511.501 RANDOM RIPRAP CLASS IV CU YD $60.00 37 79.15 0 $4,749.00 152 2521.501 4" CONCRETE WALK SQ FT $3.00 13005 1231125 0 $36,933.75 153 2531.501 CONCRETE CURB & GUTTER DESIGN B612 LlN FT $9.65 2382 2574 0 $24,839.10 154 2531.501 CONCRETE CURB & GUTTER DESIGN B618 LlN FT $10.85 1846 2092 0 $22,698.20 155 2531.501 CONCRETE CURB & GUTTER DESIGN B624 L1N FT $10.95 4736 4422 0 $48,420.90 156 2531.503 CONCRETE MEDIAN SQ YD $57.60 965 924.73 0 $53,26445 157 2531.507 6" CONCRETE DRIVEWAY PAVEMENT HE SQ YD $4410 88 788 0 $3,475.08 158 2531.507 8" CONCRETE DRIVEWAY PAVEMENT HE SQ YD $48.60 562 1397 0 $6,78942 159 2531.602 PEDESTRIAN CURB RAMP EACH $585.00 29 30 0 $17,550.00 160 2531.602 CONCRETE MEDIAN NOSE DESIGN 7109 EACH $300.00 8 8 0 $2,400.00 161 2533.504 CONCRETE MEDIAN BARRIER DESIGN 8323 LlN FT $13.00 1050 877 0 $11,401.00 162 2533.603 RELOCATE CONCRETE MEDIAN BARRIER L1N FT $4.00 1400 1425 0 $5,700.00 163 2540.602 MAIL BOX SUPPORT EACH $125.00 5 20.5 0 $2,562.50 Totals For Section PART B: $861,74176 PART C 164 2545.511 LIGHTING UNIT TYPE SPECIAL EACH $2,300.00 16 16 0 $36,800.00 165 2545513 LUMINAIRE (250 WATT HPS) EACH $1,20000 16 16 0 $19,200.00 166 2545.515 LIGHT BASE DESIGN E EACH $500.00 22 16 0 $8,000.00 167 2545.521 1.5" RIGID STEEL CONDUIT LlN FT $9.00 332 448 0 $4,032.00 168 2545.521 4" RIGID STEEL CONDUIT LlN FT $30.00 144 205 0 $6,150.00 169 2545.523 1.5" NON-METALLIC CONDUIT L1N FT $4.00 4200 3934 0 $15,736.00 170 2545.531 UNDERGROUND WIRE 4 COND NO 6 LlN FT $3.60 4852 4575 0 $16,470.00 171 2545.531 UNDERGROUND WIRE 1 COND NO 8 LlN FT $0.60 4852 4575 0 $2,745.00 172 2545 541 SERVICE CABINET SECONDARY TYPE T1 EACH $3,800.00 1 1 0 $3,800.00 173 2565.602 LUMINAIRES (250 WATT HPS) EACH $1,00000 1 1 0 $1,000.00 174 2545.602 FURNISH LIGHTING UNIT TYPE SPECIAL EACH $1,82000 1 1 0 $1,820.00 175 2545.602 INSTALL LIGHT STANDARD & LUMINAIRE EACH $250.00 6 0 0 $0.00 176 2554.602 IMPACT ATTENUATOR BARRELS EACH $225.00 18 36 0 $8,100.00 177 2554.602 RELOCATE IMPACT ATTENUATOR BARRELS EACH $40.00 9 45 0 $1,800.00 178 2563.601 TRAFFIC CONTROL LUMP SUM $23,500.00 1 1 0 $23,500.00 4 of 10 01388-01 - Pay Voucher 16 Thursday, January 04, 2007 Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date 179 2563.602 MEDIAN BARRIER DELINEATOR TWO WAY EACH $4.50 36 18 0 $81.00 180 2563.602 RAISED PAVEMENT MARKER EACH $1.50 120 0 0 $0.00 181 2564.531 SIGN PANELS TYPE C SQ FT $23.00 467.25 472.25 0 $10,861.75 182 2564.537 INSTALL SIGN TYPE C EACH $105.00 4 0 0 $0.00 183 2564.602 F&I SIGN PANEL TYPE SPECIAL EACH $245.00 3 2 0 $490.00 184 2564.602 PAVEMENT MESSAGE (ONLY) EPOXY EACH $175.00 5 1 0 $175.00 185 2564.602 PAVEMENT MESSAGE (LEFT ARROW) EPOXY EACH $125.00 10 13 0 $1,625.00 186 2564.602 PAVEMENT MESSAGE (RIGHT ARROW) EPOXY EACH $125.00 9 16 0 $2,000.00 187 2564.603 4" SOLID LINE WHITE-PAINT L1N FT $0.60 5880 11004 0 $6,602.40 188 2564.603 4" SOLID LINE YELLOW-PAINT L1N FT $0.50 15480 15671 0 $7,835.50 189 2564.603 12" SOLID LINE WHITE-PAINT L1N FT $2.50 180 0 0 $0.00 190 2564.603 4" SOLID LINE WHITE-EPOXY L1N FT $0.70 9952 7415 0 $5,190.50 191 2564.603 4" SOLID LINE YELLOW-EPOXY L1N FT $0.70 5787 1400 0 $980.00 192 2564.603 4" DOUBLE SOLID LINE YELLOW-EPOXY L1N FT $1.40 1248 4601 0 $6,441.40 193 2564.603 8" BROKEN LINE WHITE-EPOXY L1N FT $0.90 40 40 0 $36.00 194 2564.603 12" SOLID LINE YELLOW-EPOXY L1N FT $5.50 60 0 0 $0.00 195 2564.603 24" SOLID LINE YELLOW-EPOXY L1N FT $5.50 105 180 0 $990.00 196 2564.604 ZEBRA CROSSWALK-WHITE POLY PREFORMED SQ YD $122.00 72 62 0 $7,564.00 197 2565511 FULL TACT T CONTROL SIGNAL SYSTEM A SIG SYS $143,00000 1 1 0 $143,000.00 198 2565.616 FLASHER SIGNAL SYSTEM SYSTEM $26,450.00 1 1 0 $26,450.00 199 2565.616 REVISE SIGNAL SYSTEM SYSTEM $500.00 1 1 0 $500.00 200 2571.501 CONIFEROUS TREE 6' HT B&B TREE $240.00 18 18 0 $4,32000 201 2571.502 DECIDUOUS TREE 1.5" CAL B&B TREE $250.00 12 12 0 $3,000.00 202 2571.502 DECIDUOUS TREE 2.5" CAL B&B TREE $400 00 3 3 0 $1,20000 203 2571.505 CONIFEROUS SHRUB 5 GAL SHRUB $3500 54 54 0 $1,890.00 204 2571.505 DECIDUOUS SHRUB 3 GAL SHRUB $30.00 87 87 0 $2,61000 205 2571.505 DECIDUOUS SHRUB 5 GAL SHRUB $33.00 100 100 0 $3,300.00 206 2571.506 VINES 2 YR NO 1 CONT VINE $20.00 26 26 0 $520.00 207 2571.507 PERENNIAL 1 GAL CONT PLANT $10.00 52 52 0 $520.00 208 2571.541 TRANSPLANT TREE (SPADE SIZE 60") TREE $400.00 8 8 0 $3,20000 209 2572.501 TEMPORARY FENCE L1N FT $2.00 2662 1062 0 $2,124.00 210 2573.510 RISER STANDPIPE EACH $500 00 1 0 0 $0.00 211 2573.609 MULCH MATERIAL TYPE 1 (TEMPORARY) TON $200.00 2 2.43 0 $486.00 212 2575.511 MULCH MATERIAL TYPE 9 TON $35.00 10 0 0 $0.00 213 2573.530 INLET PROTECTION TYPE A EACH $100.00 25 4 0 $400.00 214 2573.530 INLET PROTECTION TYPE B EACH $50.00 25 0 0 $0.00 215 2573.530 INLET PROTECTION TYPE C EACH $50.00 25 0 0 $000 216 2573.540 FIBER LOG L1N FT $5.50 900 508 0 $2,794.00 217 2573.602 TEMPORARY SEDIMENT TRAP EACH $500.00 1 0 0 $0.00 218 2573.502 SILT FENCE, TYPE MACHINE SLICED L1N FT $2.00 3794 2797 0 $5,59400 219 2575.501 SEEDING ACRE $200.00 417 3.2 0 $640.00 220 2575.550 COMPOST, GRADE 2 CU YD $59 00 53 50 0 $2,950.00 221 2575.603 COMMERCIAL POLY EDGING L1N FT $1.10 405 408 0 $448.80 222 2575.604 GEOTEXTILE WEED BARRIER FABRIC SQYD $1.05 383 383.45 0 $40262 223 2575.604 MULCH MATERIAL TYPE 6-SPECIAL SQYD $45.00 38 332 0 $14,940.00 224 2575.608 SEED MIXTURE 150 POUND $5.00 52 100 0 $500.00 225 2575.608 SEED MIXTURE 250 POUND $400 91 100 0 $400.00 226 2575.608 SEED MIXTURE 310 POUND $25.00 21 21 0 $525.00 227 2575.608 SEED MIXTURE 350 POUND $5.00 112 112 0 $560.00 228 2575.505 SODDING TYPE SALT RESISTANT SQ YD $2.50 15080 16052.59 0 $40,131.48 5 of 10 01388-01 - Pay Voucher 16 Thursday, January 04, 2007 Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date 229 2575.511 MULCH MATERIAL TYPE 3 TON $200.00 366 4.78 0 $956.00 230 2575532 COMMERCIAL FERTILIZER ANALYSIS 18-1-8 POUND $040 632 600 0 $240.00 231 2575532 COMMERCIAL FERTILIZER ANALYSIS 22-5-10 POUND $0.90 195 200 0 $180.00 232 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SQ YO $1 10 6271 3840 0 $4,224.00 233 2575519 DISK ANCHORING ACRE $135.00 1.83 2.21 0 $298.35 234 2580.603 INTERIM PAVEMENT MARKING UN FT $2.75 900 1044 0 $2,871.00 235 2581.501 REMOVABLE PREFORMED PLASTIC MARKING UN FT $0.95 2500 2514 0 $2,388.30 Totals For Section PART C $474,58910 Backsheet 1 2 2411.511 STRUCTURE EXCAVATION CLASS U CU YO $9.00 22 22 0 $198.00 Totals For Backsheet 1. $198.00 Backsheet 2 5 2104.6031ABANDON PIPE SEWER Tu N FT I $8.00 60 60 0 $480.00 Totals For Backsheet 2: $480.00 Backsheet 3 6 2104.603 ABANDON WATER MAIN UN FT I $5.00 378 378 0 $1,89000 Totals For Backsheet 3 $1,89000 Backsheet 4 7 2504.604 4" POLYSTYRENE INSULATION SQ YO $22.00 124.71 128.27 0 $2,821.94 Totals For Backsheet 4 $2,821.94 Backsheet 5 236 191858 CORE DENSITY INCENTIVE LUMP SUM ($30818) 1 1 01 ($308.18) Totals For Backsheet 5 ($308.18) Backsheet 6 291 92365 CONCRETE DISINCENTIVE LUMP SUM ($9000) 1 1 0 ($90.00) Totals For Backsheet 6: ($90.00) Change Order 1 3 2104.525 ABANDON & SEAL WELL SHAFT EACH $3,000.00 1 1 0 $3,000.00 Totals For Change Order 1. $3,000.00 Change Order 2 284 2401.501 STRUCTURAL CONCRETE (1A43) CU YO $420.00 45.8 45.8 0 $19,236.00 285 2401.501 STRUCTURAL CONCRETE (3Y43) CU YO $445.00 33.9 33.9 0 $15,085.50 286 2401.541 REINFORCEMENT BARS POUND $1.05 1329 1329 0 $1,39545 287 2401.541 REINFORCEMENT BARS (EPOXY COATED) POUND $1.35 5179 5179 0 $6,991.65 288 2411.511 STRUCTURE EXCAVATION CLASS U CU YO $9.00 61 61 0 $549.00 289 2411618 ARCHITECTURAL CONCRETE TEXTURE SQ FT $5.00 572 572 0 $2,86000 290 2411.618 ARCHITECTURAL COLOR SYSTEM SQ FT $4.00 572 572 0 $2,288.00 Totals For Change Order 2 $48,405.60 Change Order 3 282 2105.501 COMMON EXCAVATION CU YO $750 2726 94 272694 0 $20,452.05 283 12105522 SELECT GRANULAR BORROW (CV) CU YO $11.00 811721 811.72 0 $8,928.92 Totals For Change Order 3 $29,380.97 Supplemental Agreement 1 4 2105.601 1 EXCAVATE AND STOCKPILE EXCESS MATERIAL LUMP SUM $1,052.19 1 1 0 $1,052.19 12 2105.607 LOAD, HAUL, AND DISPOSE RUBBLE (LV) CU YO $37.00 400 400 0 $14,800.00 Totals For Supplemental Agreement 1 $15,852.19 Supplemental Agreement 2 8 2123.601 VACUUM TRUCK & FOREMAN LUMP SUM $2,698.83 1 1 0 $2,698.83 13 2451.609 GRANULAR FOUNDATION AND/OR BEDDING TON $25.00 72.31 72.31 0 $1,80775 17 2504.601 RELOCATE 8" WATER MAIN CONNECTION LUMP SUM $2,351.34 1 1 0 $2,351.34 6 of 10 01388-01 - Pay Voucher 16 Thursday, January 04, 2007 Item Item Description Units Unit Price Contract Quantity to Current Amount to No Quantity Date Quantity Date 20 2504.601 LOWER WATER MAIN LUMP SUM $11,723.66 1 1 0 $11,723.66 23 2504.601 EXPLORATORY EXCAVATION LUMP SUM $2,229.47 1 1 0 $2,229.47 26 2504.602 12" PIPE CAPS EACH $301.00 1 1 0 $30100 29 2504.602 12" DIP CAPS EACH $301.00 1 1 0 $301.00 32 2504.602 12" GATE VALVE AND BOX EACH $1,700.00 -2 -2 0 ($3,40000) 35 2504.602 HYDRANT EACH $2,400 00 1 1 0 $2,40000 37 2504.602 12" BUTTERFLY VALVE AND BOX EACH $2,457.00 5 5 0 $12,28500 39 2504.602 12"X12" TEE FITTING EACH $597.19 1 1 0 $597.19 41 2504.602 12" x 6" WET TAP WITH VALVE EACH $2,73500 1 1 0 $2,735.00 43 2504.602 12" x 12" WET TAP WITH VALVE EACH $4,440.00 1 1 0 $4,440.00 45 2504.602 6" MEGALUG EACH $12436 2 2 0 $248.72 47 2504.602 12" MEGALUG EACH $157.00 7 7 0 $1,099.00 Totals For Supplemental Agreement 2 $41,817.96 Supplemental Agreement 3 9 2545.601 ISERVICE CABINET MODIFICATIONS LUMP SUM $828.58 1 11 0 $828.58 15 2565.616 SIGNAL SYSTEM MODIFICATIONS SYSTEM $4,902.70 1 1 0 $4,90270 Totals For Supplemental Agreement 3 $5,731.28 Supplemental Agreement 4 10 2451.609 GRANULAR FOUNDATION AND/OR BEDDING TON $25.00 20 20 0 $500.00 14 2503.601 EXPLORATORY TV SANITARY SEWER LUMP SUM $921.25 1 1 0 $921.25 18 2503.601 EXCAVATION, INSTALLATION & PUMPING OF SANITARY SUMP LUMP SUM $513.20 1 1 0 $513.20 21 2503.602 4" SEWER SERVICE CLEAN-OUT EACH $250.00 1 1 0 $250.00 24 2503.602 6" SANITARY SEWER CLEANOUT EACH $500.00 -1 -1 0 ($50000) 27 2503.602 CORE DRILLED HOLE W/BOOT EACH $600.00 -1 -1 0 ($600.00) 30 2503.603 6" HOPE SANITARY SEWER SERVICE (DIRECTIONAL BORE) UN FT $100.00 -110 -110 0 ($11,00000) 33 2503.603 4" HOPE SANITARY SEWER SERVICE (DIRECTIONAL BORE) UN FT $38.83 170 170 0 $6,601 10 Totals For Supplemental Agreement 4: ($3,314.45) Supplemental Agreement 5 237 2504.601 EXPLORATORY EXCAVATION LUMP SUM $423.71 1 1 0 $423.71 238 2451.609 GRANULAR FOUNDATION AND/OR BEDDING TON $25.00 361.29 361.29 0 $9,032.25 239 2451.607 PIPE BEDDING MATERIAL CU YO $25.00 355.09 355 09 0 $8,877.25 240 2502.541 4" PERF PE PIPE DRAIN UN FT $16.12 438 438 0 $7,060.56 241 2502.602 CONNECT PIPE DRAIN TO EXIST DRAINAGE STRUCTURE EACH $400.00 7 7 0 $2,800.00 \M1934 242 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V UN FT $25.00 -616 -616 0 ($15,40000) 243 2503.541 18" RC PIPE SEWER DESIGN 3006 UN FT $27.00 -86 -86 0 ($2,32200) 244 2503.541 18" RC PIPE SEWER DESIGN 3006 CLASS III UN FT $40.00 -82 -82 0 ($3,280.00) 245 2503.541 36" RC PIPE SEWER DESIGN 3006 CLASS V-JACKED UN FT $634.00 -20 -20 0 ($12,680.00) 246 2501.515 12" RC PIPE APRON EACH $325.00 2 2 0 $650.00 247 2503.541 12" RC PIPE SEWER DESIGN 3006 CLASS V UN FT $27.86 858 858 0 $23,903.88 248 2503.521 22" SPAN RC PIPE-ARCH SEWER CLASS IIA UN FT $104.77 50 50 0 $5,23850 249 2503.541 27" RC PIPE SEWER DESIGN 3006 CLASS IV UN FT $60.24 124 124 0 $7,469.76 250 2503.602 RECONNECT SANITARY SEWER SERVICE EACH $827 10 1 1 0 $827.10 251 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 3 EACH $315.95 3795 37.95 0 $11,990.30 271 2503.603 Poly-Vapor Barrier Encasement Lin. Ft $36.57 195 195 0 $7,131 15 272 2506.601 CASTING ASSEMBL Y MODIFICATIONS LUMP SUM $1,521 18 1 1 0 $1,521 18 273 2506.601 STORM SEWER STRUCTURE MODIFICATIONS LUMP SUM $4,159.44 1 1 0 $4,159.44 274 M2292 STORM SEWER ADJUSTMENTS LUMP SUM $7,42432 1 1 0 $7,42432 275 M2293 TEMPORARY DRAINAGE LUMP SUM $651.02 1 1 0 $65102 Totals For Supplemental Agreement 5 $65,478.42 Supplemental Agreement 6 7 of 10 01388-01 - Pay Voucher 16 Thursday, January 04, 2007 Item Item Description Units Unit Price Contract Quantity to Current Amount to No. Quantity Date Quantity Date 252 2401.602 DRILL AND GROUT EACH $2.20 450 450 0 $990.00 253 2563.618 CONSTRUCTION SIGN-SPECIAL SQ FT $18.50 323 323 0 $5,975.50 254 2531.511 CONCRETE MEDIAN CU YO $8.92 924.888 924888 0 $8,250.00 255 2581.603 REMOVABLE PREFORMED PLASTIC MASK (BLACK) L1N FT $2.20 1445 1445 0 $3,179.00 256 2564 553 CLEARANCE MARKER X4-4 EACH $93.50 8 8 0 $748.00 257 2564.602 SIGN POST SUPPORT EACH $71.50 10 10 0 $715.00 258 2564.531 F&I SIGN PANELS TYPE C SQ FT $23.00 6.25 6.25 0 $143.75 259 2565.616 FLASHER SIGNAL SYSTEM SYSTEM $5,036.90 1 1 0 $5,036.90 260 2411 .507 CONCRETE RETAINING WALL EACH $14,826.67 1 1 0 $14,826.67 261 2503.601 ADJUST SANITARY SEWER MANHOLE LUMP SUM $14,261.44 1 1 0 $14,261.44 276 2545.601 COMMERCIAL SIGN LIGHTING REPAIR LUMP SUM $1,23200 1 1 0 $1,232.00 277 2201.601 HIGH EARLY STRENGTH CONCRETE LUMP SUM $9,53974 1 1 0 $9,539.74 278 2123.601 VACUUM TRUCK AND FOREMAN LUMP SUM $1.93600 1 1 0 $1,936.00 Totals For Supplemental Agreement 6 $66,834.00 Supplemental Agreement 7 262 2350.501 TYPE MV 4 WEARING COURSE MIXTURE (B) TON $44.00 -34813 -348.13 0 ($15,31772) 263 2350.502 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TON $40.00 -428.27 -42827 0 ($17,130.80) 264 2360.501 TYPE SP 125 WEARING COURSE MIXTURE (4,B) TON $39.00 -1538.23 -153823 0 ($59,990.97) 265 2360.502 TYPE SP 12.5 NON WEARING COURSE MIXTURE (4,B) TON $40.00 -375.14 -375.14 0 ($15,005.60) 266 2021.501 MOBILIZATION LUMP SUM $825.00 1 1 0 $825.00 267 2232.501 MILL BITUMINOUS SURFACE SQYD $9.35 350 350 0 $3,272.50 268 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (4,B) TON $43.50 2293 55 229355 0 $99,769.43 269 2506.522 ADJUST FRAME & RING CASTING EACH $250.00 3 3 0 $750.00 279 92298 CONSTRUCT WEEP HOLES FORCE ACCOUNT $1,22439 1 1 0 $1,224.39 280 M2299 PRIME CONTRACTOR ALLOWANCE (10%) TON $0.44 2293.55 2293.55 0 $1,009.16 281 M2300 COVER CASTINGS FOR WINTER TRAFFIC FORCE ACCOUNT $2,096.94 1 1 0 $2,096.94 Totals For Supplemental Agreement 7 $1,50233 Supplemental Agreement 8 270 2016.601 FINAL CLAIMS RESOLUTION LUMP SUM $54,000.00 1 1 0 $54,000 00 Totals For Supplemental Agreement 8 $54,000.00 Project Totals $3,802,545.29 8 of 10 01388-01 - Pay Voucher 16 Thursday, January 04, 2007 Project Payment Status Owner: Hennepin County Client Project No.. 9821 Client Contract No. Project No.: 01388-01 Contractor: Eureka Construction C Ch ontract . anQes No. Type Date Description Amount BK1 Backsheet 12/16/2004 Group 10 - Inlet Apron 5082 to MH 5078 increase Plan Quantity $198.00 C01 Change Order 7/27/2005 Group 1 - Discovery of extra well, therefore, abandon and seal well $3,000.00 shaft SA1 Supplemental 7/27/2005 Various Groups - Excavation materials $15,852.19 Agreement BK2 Backsheet 8/26/2005 Abandon Pipe Sewer $480.00 BK3 Backsheet 8/26/2005 Abandon Water Main $1,890.00 BK4 Backsheet 8/26/2005 Insulate MCES sanitary sewer $2,743.62 SA2 Supplemental 11/29/2005 Roadwork for storm and sanitary sewer, watermain for various $41,817.96 Agreement groups, SA3 Supplemental 12/1/2005 Signal Modifications $5,731,28 Agreement SA4 Supplemental 12/1/2005 Sanitary Sewer Service ($3,314.45) Agreement BK5 Backsheet 11/14/2006 Bituminous Incetive / Disincentive ($308,18) SA5 Supplemental 11/14/2006 Storm Sewer Modifications $65,478.42 Agreement SA6 Supplemental 11/15/2006 Misc Items $66,834,00 Agreement SA7 Supplemental 11/15/2006 Bituminous Price Increase $1,502,33 Agreement SA8 Supplemental 11/15/2006 Final Claim Resolution $54,000.00 Agreement CO2 Change Order 11/16/2006 Retaining Wall Field Modifications $48,405,60 C03 Change Order 11/16/2006 Earthwork $29,380.97 BK6 Backsheet 11/20/2006 Concrete Gradation Deduction (Test #25A on CA-50) ($90.00) Change Order Totals $333,601,74 Payment Summary No. From Date To Date Payment Total Payment Retainage Per Payment Total Retainage Completed 1 11/15/2004 12/5/2004 $143,941,25 $143,941,25 $7,575,86 $7,575,86 $151,517,11 2 12/6/2004 1/1/2005 $202,126,93 $346,068,18 $10,638,26 $18,214,12 $364,282,30 3 1/2/2005 4/30/2005 $68,353.70 $414,421,88 $3,597,56 $21,811,68 $436,233.56 4 5/1/2005 5/24/2005 $142,807.07 $557,228,95 $7,516,16 $29,327.84 $586,556,79 5 5/25/2005 6/24/2005 $314,139,39 $871,368.34 $16,533.65 $45,861.49 $917,229,83 6 6/25/2005 7/22/2005 $375,914.76 $1,247,283,10 $19,784.99 $65,646.48 $1,312,929,58 7 7/23/2005 8/26/2005 $423,496,63 $1,670,779,73 $22,289.30 $87,935,78 $1,758,715,51 8 8/27/2005 9/26/2005 $575,002,84 $2,245,782,57 $30,263,30 $118,199.08 $2,363,981,65 9 9/27/2005 10/28/2005 $449,243,63 $2,695,026,20 $23,644.40 $141,843.48 $2,836,869,68 10 10/29/2005 11/28/2005 $358,739,20 $3,053,765.40 $18,881,02 $160,724,50 $3,214,489.90 11 11/29/2005 12/30/2005 $209,795.29 $3,263,560.69 $11,041,85 $171,766,35 $3,435,327,04 12 12/31/2005 6/16/2006 $178,973,63 $3,442,534.32 $9,419.67 $181,186,02 $3,623,720,34 13 6/17/2006 8/3/2006 $165,243,07 $3,607,777,39 ($144,74382) $36,442,20 $3,644,219,59 14 8/4/2006 10/27/2006 $16,520,32 $3,624,297.71 $166,88 $36,609,08 $3,660,906,79 15 10/28/2006 11/30/2006 $141,743,95 $3,766,041,66 $1,416,37 $38,025.45 $3,804,067,11 9 of 10 01388-01 - Pay Voucher 16 $3,802,545.29 $3,802,545.29 ($38,025.45) project SJ.Jrnmary Material On Hand: Total Payment to Date: Total Retainage: Total Amount Earned: $0.00 $3,802,545.29 Original Contract: $0.00 Contract Changes: $3,802,545.29 Revised Contract: Thursday, January 04, 2007 $0.00 $3,802,545.29 $0.00 $3,802,545.29 $3,566,322.45 $333,601.74 $3,899,924.19 10 of 10 WSB Project: CSAH 19, Smithtown Road, CC Road Project Location: Shorewood, MN WSB Project No: 01388.01 CSAH 19 (CP, 9821) Date: 11/13/2006 Pro'ected Estimate of Quantit and Cost Contractor: EUREKA CONSTRUCTION, INC. City of ShorewoDd (P) Page 1016 (P) Henn Streetscaping 27-619-18 Shwd Rdwy 216-020-02 Shwd Streetscaping 216-020-02 Shwd Country Club 216-108-01 7. City of Shorewood 8. City of Tonka Bay 9.00 U it 1 ARCHITECTURAL CONCRETE TEXTURE SQFT i MODULAR BLOCK RET AINING WALL 2452.604 I STEEL SHEET PILING (PERMANENT) 2501.515 124" RC PIPE APRON 2501.515 136" RC PIPE APRON 118" RC PIPE SEWER DESIGN 3006 CL III 21" RC PIPE SEWER DESIGN 3006 CL III : CONST DRAINAGE STRUCTURE DES 48-4020 2506.501 CONST DRAINAGE STRUCTURE DES 60-4020 2506.502 CONST DRAINAGE STRUCTURE DES SPEC I 2506.516 1 CASTING ASSEMBLY CONCRETE CURB & GUTTER DESIGN B618 . CONCRETE MEDIAN Henn Streetscaping 27-619-18 2.0 Shwd Streetscaping 216-020-02 Shwd Smithtown 216-101-02 J____ Page 3 of 6 Shwd Country Club 216-108-01 7. City of Shorewood 2504.602 2504.602 12"X6"WETTAPWNALVE 2504.602 Henn REPP 9821 Shwd Smith town 216-101-02 2350.501 Type MY 4 Wearing Course Mix (B) 2360.501 Type SP 12.5 Wearing Course Mix (4,B) Shwd SmithtDwn 216-101-02 6. Shwd Country Club 216-108-01 .00 City of Tonka Bay Item Number Descri tion Unit jMobilization (Mill) TON 2231.501 SQ YD Original Cost S46 178.00 Percent Over 1.4% Page 6 of 6 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: January 18, 2007 RE: Authorization for Expenditure of Funds Boulder Bridge Well The west water system is comprised of two wells located at the Boulder Bridge Well House, and a third well located at the Badger Field Well House. One of the wells two wells, known as the submersible pump, located at the Boulder Bridge Well failed late last month. Staff performed checks on the system and has determined that the well will have to be pulled by the City's Well contractor. This expenditure was delayed in December, such that it could be performed within the normal budget of2007. The City routinely budgets one well to be pulled each year for inspection and rehabilitation, in accordance with industry standards. Since this occurred in the lower water demand months, the expenditure was delayed for the start of 2007. The City budgets $22,000, as part of the Capital Improvement Program for a well to be pulled, inspected and repaired. Such is the case in 2007. Recommendation Staff is recommending approval for authorization for the expenditure of funds to pull, inspect and repair the Boulder Bridge Submersible Well from the City's Municipal Water Fund. =tt-:3G ,,, ~ . PRINTED ON RECYCLED PAPER ..to' CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 10 January 2007 RE: Morlock, Bob - Minor Subdivision and Lot Width Variance FILE NO. 405(06.23) BACKGROUND Mr. Bob Morlock has requested a minor subdivision of his property, located at 24995 Glen Road (see Site Location map - Exhibit A, attached). He proposes to divide the site into two residential lots as shown on Exhibit B. The property is currently zoned R-l C, Single-Family Residential, and is occupied by a single-family dwelling and one small accessory building. Since the property is (very) slightly shy of having 200 feet of width at the building the line, Mr. Morlock has requested a lot width variance that amounts to two inches on each of the 10ts. The property in question is quite large for the R -1 C district. The proposed lots, if approved, will have 38,932 square feet of area - nearly double the 20,000 square feet that is required by the Zoning Code. ANALYSIS/RECOMMENDATION "de minimis or de minimus a.oftrifling consequence or importance; too insignificant to be worthy of concern; a reference to the phrase de minimis non curat lex. de minimis non curat lex [Latin] The law does not concern itself with trifles; a principle of law, that even if a technical violation of a law appears to exist accordirig to the letter of the law, if the effect is too small to be of consequence, the violation of the law will not be considered as a sufficient cause of action, whether in civil or criminal proceedings. " The definition above seems to be a good place to start the discussion ofMr. Morlock's variance request. When this item was mentioned to the Planning Commission under upcoming agenda fI'Jr ~ 'b PRINTED ON RECYCLED PAPER "'''' Ft31t Memorandum Re: Morlock - Minor Division and Variance 10 January 2007 items, the Commission's reaction was the same as City staffs - can't we just round up? The answer is that the R-IC district requires a minimurn width of 100 feet. Anything less requires a variance. It is worth noting that the Hennepin County half-section maps show the subject property as being 100 feet wide, the same as the other 10ts on Glen Road in the Manitou Glen plat. Nevertheless, the survey provided by the applicant is more exact. The original plat for Manitou Glen had platted the subject property as two lots. As of this writing we have not 10cated a copy ofthe original Manitou Glen plat to see if the subject property and the other lots on Glen Road were shown as being 100 feet wide. While the two proposed lots may be lacking two inches each of width, they have considerably more area than what is required. As such, both lots are considered quite buildable and very much in keeping with the other properties on Glen Road. Approval of the minor subdivision is recommended subject to the following: 1. The applicant must provide drainage and utility easements on all four sides of the new lots. As drawn, the survey does not include an easement on the north side of the lot. 2. The applicant's attorney must provide deeds for the drainage and utility easements. 3. The applicant's attorney must provide deeds for the 10 feet of additional street right-of- way shown on Exhibit B (Glen Road is currently substandard in width). 4. The applicant must provide a title opinion, up-to-date within 30 days, for review and approval by the City Attorney. All parties having an interest in the property must consent to the deeds referenced in 1-3, above. 5. Prior to release of the resolution approving the division, the applicant must pay one park dedication fee of$2000 and one local sanitary sewer access charge of$1200 (credit has been allowed for the lot with the existing home on it). 6. The nonconforming outbuilding on the west side of the site must be brought into conformity with setback requirements (i.e. it should be relocated or removed). If this can not be accomplished prior to the release of the resolution approving the request, the applicant must provide a letter of credit for $2500 to guarantee that the correction will be made no later than 1 June 2007. Cc: Craig Dawson Tim Keane James Landini Larry Brown Bob Morlock '\ u :n\4~~~J:/01 \\J \~J=J?Y. ~ r1~ 'J ~I) ~ f \ \ 9 \ 0 ~ W I( P / I ~~ o~ ~ 'I \ )1 J-:2 ~ t--(\ , I' T I I \ \ \ tlJ~' \', - ~'\ ; I~ ~,~ g.~'"_.' ~ ~ ~~ ~\ ~ r- ::Y2e- ~ l \ z --c: ~ =. ~ ,~.,~~\ \1 h ~ / ,/li I--i ~ ; 'r" I I ~ 0 ~ = \Ii ~ r-Ud \ "T" I\tjcl ~r-- ) \ \ r I~ "I' \. 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' " d: ------.0-.... --(;6'66-- 3.LS,Zv.68S "'_ C ~.fE ~~~ ~;i sj~ ~., ~~] "- ~ " a\ tU'\-t E" 9'6 l' ;:! '" r o o '" \ ! AdAi4 \"^~ \ \0 I F- .0.\,/ . 6 No rt h Not ~+-D .. ~{a.1 e. Exhibit B PROPOSED SUBDIVISION CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY AND LOT WIDTH VARIANCES FOR BOB MORLOCK WHEREAS, Bob Morlock (Applicant) is the owner of certain real property in the City of Shorewood, legally described as: "Lots 7 and 8, Manitou Glen, Hennepin County, Minnesota."; and WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described in Exhibit A and illustrated in Exhibit B, both attached hereto and made a part hereof; and WHEREAS, the proposed 10ts do not comply with the width requirements for the R-IC, Single-Family Residential zoning district in which they are located, the Applicant has requested 10t width variances for the new 10ts; and WHEREAS, the Applicant has agreed to deed to the City ten feet of street right-of-way for Glen Road across the front of the two lots, said right-of-way legally described in Exhibit C, attached hereto and made a part hereof; and WHEREAS, the Applicant has agreed to grant to the City drainage and utility easements legally described in Exhibits D and E, attached hereto and made a part hereof; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 10 January 2007, a copy of which is on file at the Shorewood City Hall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 16 January 2007, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 22 January 2007, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The subj ect property contains 79,762 square feet of land area and is located in an R -1 C, Single-Family Residential zoning district, which requires lots to be 100 feet wide. -1- 2. The applicant proposes to subdivide the property as described in Exhibit A into two single-family residentiallots, which lots will each be approximately 99.84 feet wide. 3. The subject property is currently occupied by a single-family home and a small, nonconforming shed. 4. Being 40 feet wide instead of 50 feet, the right-of-way for Glen Road that abuts the subject property is substandard in width. 5. The subject property was originally platted as two lots and are described on the Hennepin County half-section maps as being 100 feet wide. CONCLUSIONS 1. The Applicant has satisfied the criteria for the grant of a variance under the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes. 2. Based upon the foregoing, the City Council hereby grants to the Applicant a lot width variance and minor subdivision for two 10ts, subject to the following conditions: a. The Applicant must provide an up-to-date (within 30 days) title opinion or title commitment for review and approval by the City Attorney. b. The Applicant shall either remove the nonconforming shed on Parcel A, or move it into compliance with R-l C District setback requirements. 3. The Applicant shall record this resolution, together with the deed for street right- of-way, shown in Exhibit C and the drainage and utility easements shown in Exhibits D and E with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. 4. The City Clerk will furnish the Applicant with a certified copy of this resolution for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January 2007. CHRlSINE LIZEE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- PROPOSED LEGAL DESCRIPTION - PARCEL A Lot 7except the northerly 10.00 feet thereof, Manitou Glen, Hennepin County, Minnesota. PROPOSED LEGAL DESCRIPTION - PARCEL B Lot 8, except the northerly 10.00 feet thereof, Manitou Glen, Hennepin County, Minnesota. Exhibit A -3- (insert Exhibit B - Survey) -4- (insert Exhibit C - R.O.W. Deed) -5- (insert Exhibit D - Dr. & Ut. Esmt - Parcel A) -6- (insert Exhibit D - Dr. & Ut. Esrnt - Parcel B) -7- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 18 January 2007 RE: Nonconforming Accessory Structures - Draft Comprehensive PIan Amendment and Draft Zoning Code Amendment FILE NO. 405(Zoning Code - Part I) After considerable study and discussion, the Planning Commission is pleased to forward to the City Council draft amendments to the Comprehensive PIan and Zoning Code that address nonconforming structures - specifically, those with historical, architectural or cultural value. These amendments establish, through the conditional use process, a means by which property owners can maintain accessory structures that would otherwise have to be removed or relocated to conform with current zoning standards. It should be noted that a heavy burden is placed on the owner of the structure to demonstrate that these nonconforming structures should be preserved. It is their responsibility to verify structure age, to maintain the structure in question and to establish its historical, architectural or cultural value. Exhibit A, attached is the text for the Comp PIan amendment. The language in this amendment serves as the basis for the zoning text amendment, which is attached as Exhibit B. In this exhibit, the early draft ofthe amendment is shown in red, with changes made by the Planning Commission shown in blue. The Planning Commission voted unanimously to recommend the two amendments. Cc: Craig Dawson Tim Keane Planning Commission #2.8. tl'i> ~ ~ PRINTED ON RECYCLED PAPER a$5T Historic Preservation There exist buildings, structures, sites and areas that are reminders of past eras, events and persons important in 10cal, state and national history. There are also places which provide significant examples of architectural styles of the past, or which provide present and future generations examples ofthe physical surroundings in which past generations lived and worked. Shorewood recognizes these buildings and places as assets that can help to promote community plide and create a sense of community. It is not the City's intent to regulate or restrict the use or development of properties of historic, architectural or cultural value. Rather, it is in the interest of the community to evaluate tools and implement policies that encourage propeliy owners to protect and preserve these buildings and places. In this regard, the City should create and maintain an inventory or data base of potentially histolical, architectural or culturally significant stmctures. A program of physically identifying these sites should be established to enhance awareness of the 10cations and provide educational infonnation regarding these places of interest. In Shorewood, these reminders of the past often exist as lesser structures that were accessory to some 10ng-gone farm or estate. Since most of them were built before zoning regulations ever existed, they seldom comply with current development standards. To minimize conflicts between current standards and the desire to preserve historic/significant structures, Shorewood's development regulations should be amended to allow for the preservation of those found to be significant. Strict criteria should be established that address the age ofthe structure - recognizing that age alone does not make a building worthy of preservation, structure condition, and its historic, architectural or cultural value. Exceptions to current standards should be subject to heightened scrutiny. A special ad hoc committee under the Planning Commission should be created to review and comment on cases where exceptions to current standards are requested. When exceptions are granted, it shall be incumbent on the property owner to maintain the structure in very good condition. E.~~'I'o',,,, A -T-H-I-R-D-D-R-A-F- T- PROPOSED AMENDMENT RE NONCONFORMING ACCESSORY STRUCTURES Seciton 1201.03 Subd. 2.d.( 4) (c \ In evaluating the conditional use permit, the city shall take in to consideration the location of existing and proposed structures, site drainage and landscaping. ood& (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area. ( e) As a condition of approval of the conditional use pem1it, existing nonconfol111ing accessory structures located on the property shall be removed or brought into conformance with this code. Under very special circumstances, a nonconforming accessory structure may be allowed to remain nonconforming provided that: (i) The applicant can demonstrate that the structure was constructed prior to 2 August 1956. Evidence of date of construction may include, is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the propeliy on or before 2 August 1956. (ii) The structure must be in sound structural condition with respect to roof, walls and foundation. If the requires fifty percent or more replacement, the building must be removed or brought into conformity with this Code. tf~1Y4we ~~emei~fe~ire---H~~~l~~-f~lMooement~tll~l::l:#-at~tg-slmn-.ae rem~"ed or bro~l'it-~~~s-GQ~ The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the City and pattemed after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the City, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent OWl1cr from bringing the structure into conrormance with this Code or it from the property. 1/18/07 E~ h\ b~t e CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION AMENDING THE SHOREWOOD COMPREHENSIVE PLAN AS IT RELATES TO HISTORIC PRESERVATION WHEREAS, Shorewood's cunent zoning regulations require that nonconforming accessory structures be brought into compliance with cunent standards in order to obtain certain zoning approvals; and WHEREAS, it is recognized that there are structures in Shorewood with historic, architectural, or cultural value that are worthy of preservation; and WHEREAS, after considerable study and discussion, the Planning Commission of the City of Shorewood has recommended that the Shorewood Comprehensive Plan be amended to address the preservation of certain nonconforming accessory structures; and WHEREAS, at its regular meeting of 16 January 2007, the Plamling Commission conducted a public hearing to consider comments by the public regarding the proposed amendment to the Comprehensive Plan; and WHEREAS, the Planning Commission's recommendations were considered by the City Council at its regular meeting of22 January 2007; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the Historic Preservation section of the Land Use Chapter of the Shorewood Comprehensive Plan is hereby amended as shown on Exhibit A, attached hereto. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January 2007. CHRISTINE LIZEE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK Historic Preservation There exist buildings, structures, sites and areas that are reminders of past eras, events and persons important in local, state and national history. There are also places which provide significant examples of architectural styles of the past, or which provide present and future generations examples of the physical sunoundings in which past generations lived and worked. Shorewood recognizes these buildings and places as assets that can help to promote community pride and create a sense of community. It is not the City's intent to regulate or restrict the use or development of properties of historic, architectural or cultural value. Rather, it is in the interest of the community to evaluate tools and implement policies that encourage property owners to protect and preserve these buildings and places. In this regard, the City should create and maintain an inventory or data base of potentially historical, architectural or culturally significant structures. A program of physically identifying these sites should be established to enhance awareness of the locations and provide educational information regarding these places of interest. In Shorewood, these reminders of the past often exist as lesser structures that were accessory to some long-gone farm or estate. Since most of them were built before zoning regulations ever existed, they seldom comply with cunent development standards. To minimize conflicts between cunent standards and the desire to preserve historic/significant structures, Shorewood's development regulations should be amended to allow for the preservation of those found to be significant. Strict criteria should be established that address the age ofthe structure - recognizing that age alone does not make a building worthy of preservation, structure condition, and its historic, architectural or cultural value. Exceptions to cunent standards should be subject to heightened scrutiny. A special ad hoc committee under the Planning Commission should be created to review and comment on cases where exceptions to cunent standards are requested. When exceptions are granted, it shall be incumbent on the property owner to maintain the structure in very good condition. Exhibit A 2 CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO THE REGULATION OF ACCESSORY STRUCTURES Section 1. City Code Section 1201.03 Subd. 2.d.(4)(c) is hereby amended to read: "(c) In evaluating the conditional use permit, the city shall take in to consideration the location of existing and proposed structures, site drainage and landscaping." Section 2. City Code Section 1201.03 Subd. 2.d.(4) is hereby amended to include: "( e) As a condition of approval of the conditional use permit, existing nonconforming accessory structures located on the property shall be removed or brought into conformance with this code. Under very special circumstances, a nonconforming accessory structure may be allowed to remain nonconforming provided that: (i) The applicant can demonstrate that the structure was constructed prior to 2 August 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or before 2 August 1956. (ii) The structure must be in sound structural condition with respect to roof, walls and foundation. If the structure requires fifty percent or more replacement, the building must be removed or brought into conformity with this Code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the City and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Planning Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the City, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this Code or removing it from the property." Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January 2007. CHRISTINE LIZEE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK -2- MEMORANDUM 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 DATE: TO: FROM: RE: January 17,2007 Mayor and City Council Craig W. Dawson, City Administrator/Clerk ~ k\ Appointments to the Minnetonka Communit~cation (MCE) Board; Lake Minnetonka Communications Commission (LMCC) Board; and the Lake Minnetonka Conservation District (LMCD) Appointments of Representatives to the Minnetonka Community Education (MCE) Board, the Lake Minnetonka Communications Commission (LMCC), and the Lake Minnetonka Conservation District (LMCD) are typically done in January. The City has advertised these volunteer board opportunities to residents. The three individuals currently holding these board positions have all expressed an interest in continuing to serve; no other candidates have come forward. The candidates are: MCE: LMCC: LMCD: Tad Shaw, 5580 Shore Road Patrick Hodapp, 26195 Shorewood Oaks Drive Tom Skramstad, 28020 Woodside Road Council may consider adopting the Resolutions appointing a representative to each of the Boards. Draft resolutions are attached. Council Action A motion to adopt the following Resolutions: A) A Resolution making an appointment to the Minnetonka Community Education Board B) A Resolution making an appointment to the Lake Minnetonka Communications Commission; and C) A Resolution making an appointment to the Lake Minnetonka Conservation District 4"" ~ t PRINTED ON RECYCLED PAPER ..to' CITY OF SHOREWOOD RESOLUTION NO. 07- A RESOLUTION MAKING AN APPOINTMENT TO THE MINNETONKA COMMUNITY EDUCATION (MCE) ADVISORY COUNCIL WHEREAS, the City of Shorewood annually appoints a Shorewood resident to serve as City Representative on the MCE Advisory Council; and WHEREAS, the City advertised this volunteer board opportunity for appointment to said Advisory Council; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby appoints Tad Shaw as City Representative on the Minnetonka Community Education (MCE) Advisory Council for the year 2007. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January, 2007. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 07- A RESOLUTION MAKING AN APPOINTMENT TO THE LAKE MINNETONKA COMMUNICATIONS COMMISSION (LMCC) WHEREAS, the City of Shorewood annually appoints a Shorewood resident to serve as City Representative on the LMCC Board; and WHEREAS, the City advertised this volunteer board oppOliunity for appointment to said Board; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby appoints Patrick Hodapp as City Representative to the Lake Minnetonka Communications Commission (LMCC) Board for the year 2007. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January 2007. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 07- A RESOLUTION MAKING AN APPOINTMENT TO THE LAKE MINNETONKA CONSERVATION DISTRICT WHEREAS, the City of Shorewood appoints a resident to represent the City on the Lake Minnetonka Conservation District; and WHEREAS, the City advertised this volunteer board opportunity for appointment to said Board; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood to hereby appoint Tom Skramstad to represent the City of Shorewood on the Lake Minnetonka Conservation District effective February 1, 2007 through January 31, 2008. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January, 2007. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cl.shorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: January 18,2007 SUBJECT: Representatives to Discussion Group on Funding Allocation for the Excelsior Fire District (EFD) In November 2006, the City of Deephaven has requested the EFD's member cities' councils review the funding allocation contained in the joint powers agreement. Later that month, the Board of the EFD suggested the cities form a discussion group, and further suggested how the cities might be represented on that group. Changes to the funding allocation can be made only as an amendment to the joint powers agreement, and this process is defined in Section 15 of the JPA (attached). On November 27,2006, the Shorewood City Council considered this item, and decided that it should be continued into 2007 for review by the Council at that time. Apparently, the cities of Deephaven and Greenwood have named their mayors to serve on this group. They have suggested a first meeting at 4:00 p.m. on February 6, 7, or 8. City Council Action: The City Council needs to decide (1) whether to participate, and if so (2) determine which City official(s) to represent it in this group. 1t qD ~" '..J PRINTED ON RECYCLED PAPER ection 15 Amendment of Agreement 15.1 Required Approval. This Agreement may be amended by identical resolutions adopted by the city council of every Member City. Such resolutions must be flied together with the Board. 15.2 Submittal/Consideration/Action Process. The Board or any Member City may propose amendments to this Agreement. Such amendments shall be in the form of a Board or city council resolution, and shall clearly identify the proposed amendment and the reason(s) for the amendment. A..ny such proposed amendment shall be presented to the Board. The Board shall review the proposed amendment and issue a report on it to the Member Cities within ninety (90) days of proposal of the amendment. Member Cities shall have ninety (90) days after the Board issues its report in which to adopt city council resolutions as identified in Section 15.1. ~ Section 16 Allocation of Resources The parties to this Agreement recognize the possibility that occasions will arise on which demand for the services outlined in this Agreement will exceed the resources available for. provision of such services. In such circumstances, District officials shall use their best judgment to prioritize the delivery of services. The parties hereby agree that District shall have complete and defmitive discretion in prioritizing the delivery of services pursuant to this Agreement. Sec.tion 17 Effective Date Except as otherwise provided herein, this Agreement is effective on September 1,2000 provided that executed copies of this Agreement, accompanied by a resolution of the city council of each Member City authorizing approval of this Agreement, are filed with the city clerk of the City of Excelsior. Section 18 Notices Any notice to the District required or permitted to be given under this Agreement shall be given in writing, and shall be sent by certified mail to the registered address of the District. Notice to each Member City shall be given in writing via U.S. Mail or fax to the address ofthe Voting Member and the City Clerk for that City. Section 19 Choice of Law The provisions of this Agreement shall be constru,ed in accordance with the laws of the State of Minnesota. HC26DS4//26508939.v 1 5/31/2000 -15- CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128. www.cl.shorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: November 22,2006 SUBJECT: Request by Deephaven To Review Funding Formula for Excelsior Fire District At the October 25,2006, meeting of the Excelsior Fire District, Deephaven City Councilmember David Wheaton requested that the formula for funding the EFD by its member cities be reviewed. He mentioned that the review should consider changes based on individual cities' use ofEFD resources, rather than the full transition to tax capacity (aka ad valorem, aka taxable value) as the basis for funding beginning in 2010. The EFD Board noted that it did not have authority to consider changes to the joint powers agreement (JP A), and that conversation would need to occur between the member cities' councils. Board members indicated they would be open to a presentation by representatives of Deephaven, so that Board members could be informed as they brought Deephaven's request to their city councils. On November 20,2006, the Board received a resolution from the Deephaven City Council (attached) and an explanation from the Board member from Deephaven. He noted that EFD responses had evolved to 60% medical! 40% fire split, which was perhaps different than what was envisioned when the District was formed in 2000. Given that people, rather than property, was the greater component ofEFD's service, tax capacity (i.e., the value ofpropeliy protected) might not be the appropriate basis for funding. He also related that it would be appropriate to keep the funding basis to pay the lease obligations solely on a tax capacity basis. The Board then recommended a framework for an effective discussion among the EFD member cities. It recommended that a forum group be created as soon as possible and include: . The mayor or mayor-elect from each City. . One alternate from each city, preferably a sitting councilmember who was former Board member, or a past representative to the Board who can provide a historical perspective to the forum group. . That the discussion include the funding formula and the protocol for medical responses (which Deephaven has in the past is duplicated within its jurisdiction, as this is provided by its police department). if" J",J PRINTED ON RECYCLED PAPER Request by Deephaven To Review EFD Funding Formula November 27,2006, City Council Meeting Page 2 Dispute Resolution: The Lakeshore Weekly News reported in its November 20 edition that this matter could go into dispute resolution as provided in the JP A. This statement is incorrect. The relevant provision in Section 9.1 of the JP A states: "... when any Member City believes that there is a misrepresentation or a violation of the specific terms and conditions of this Agreement, that Member City may initiate the dispute resolution process by submitting to the District and each Member City a written statement outlining the dispute or disagreement." The dispute resolution process is limited to how the agreement is followed, and not to disputes about whether or how the JP A should be amended. City Council Action: The City Council should indicate whether it wishes to participate in the forum group as recommended by the EFD Board and, if so, who would be the City's representatives to it. RESOLUTION NO. 25-06 A RESOLUTION REQUESTING A REVIEW OF THE EFD FUNDING ALLOCATION FORMULA WHEREAS, the cities of Deephaven, Excelsior, Greenwood, Shorewood and Tonka Bay established the Excelsior Fire District in August 2000 through a Joint Powers Agreement; and, WHEREAS, Section Seven of the Joint Powers Agreement states that each Member City shall contribute an allocated share to the District based upon each Member City's percentage of total tax capacity, estimated market value, population, tax parcels, and total number of calls over a three period ofthe entire District; and, WHEREAS, Section Seven further states that the allocation formula will transition over a ten year period until 2010 when the allocation fonnula will be based solely on each members percentage of total tax capacity of the District; and, WHEREAS, the District has been operating under the established allocation fOl1TIula for five years with ample operational data now available to detennine whether each Member City is contributing a fair and equitable contribution to the District; and, WHEREAS, good governance often requires the District to periodically review its operational policies and procedures to ensure its ongoing commitment to achieve the goals stated in the EFD Mission Statement; and, WHEREAS, the intent of this Resolution is not to promote one funding allocation formula over another but rather to create a fruitful discussion on the current allocation formula to determine whether it remains a fair and equitable formula as the services provided by the District continue to grow and evolve in the future. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DEEPHAVEN, THAT: The Deephaven City Council respectfully requests a review by the EFD Board ofthe current allocation fornmla to detennine whether it continues to serve the needs of the District and continues to provide a fair and equitable allocation to each Member City. Adopted by the Council of the City of Deephaven this 6th day of November 2006. Paul Skrede, Mayor Pro Tern Attest: Dana H. Young, City Administrator