052907 CC Reg AgP
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 29, 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, May 14,2007 (Att.- Minutes)
B. City Council Work Session Minutes, May 14,2007 (Att. - Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give tlte public an opportunity to request an item be removed/rom tlte
Consent Agenda. Comments can be taken or questions asked/ollowing removal/rom
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Staffing:
1. Public Works Temporary Seasonal Worker (Att. - Director of Public Works'
memorandum)
2. Part-time Liquor Store Clerk (Finance Director's memorandum)
C. City Clerk's License Approvals (Att. - Deputy Clerk's memoranda)
1. Excelsior Firefighters Relief Association (EFRA) Fundraising Event (Dance)
Temporary 3.2 Percent Malt Liquor License and Special Event Permit (Att.-
Resolution)
2. Licenses to Sell Fireworks Products
D. Final Plat Approval for Bowman Third Addition Planned Unit Development (P.U.D.)
(Att. - Planning Director and City Engineer's memoranda, Resolution and Draft
Development Agreement)
Mark Kawell
CITY COUNCIL REGULAR MEETING AGENDA - May 29, 2007
PAGE20F2
E. Accept Proposal for Safety Services with Safe Assure (Att. - Director of Public Works'
memorandum)
F. Adopt the 2007 S-2 Supplement to the Code of Ordinances for the City of Shore wood
(Att. - Deputy Clerk's memorandum, Ordinance, Resolution)
G. Authorize Expenditure of Funds to Clean the SE Area Water Tower (Att. - Director of
Public Works' memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENT A TIONS
A. Dick Osgood, South Lake Excelsior Chamber of Commerce 4th of July Committee Chair,
Request for Funding for the Lake Minnetonka 4th of July Celebration (Att. -
Administrator's memorandum)
6. PUBLIC HEARING
7. PARKS
A. Arctic Fever Report
8. PLANNING - Report by Representative
A. Renewal of Conditional Use Permit for Storage Building (Att. - Planning Director's
memorandum)
Applicant: Our Savior Lutheran Church
Location: 23290 State Highway 7
9. GENERALfNEW BUSINESS
10. ENGINEERING/PUBLIC WORKS
A. Accept Bids and Award Contract for Radio Read Meters (Att. - Director of Public
Works' memorandum, Resolution)
B. Change Order for Badger Field Lighting Project (Att. - Engineer's memorandum)
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. Report on Spring Clean-up
B. Mayor & City Council
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
Executive Summary
Shorewood City Council Regular Meeting
Tuesday, 29 May 2007
. 6: 15 p.m.- Council will gather for the Council Photo
. A Work Session will immediately follow tonight's Regular City Council meeting
Agenda Item #3A:
Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: Staffing - This item requests approval of the hiring of:
1. Adam Kirscht, Public Works temporary summer worker; and
2. Heather Flett, part-time Liquor Store Clerk
Agenda Item #3C: City Clerk License Approvals:
1. The Excelsior Firefighters Relief Association (EFRA) has submitted applications
for its 23rd annual fundraising event to be held at EFD Sta. #1 (West Sta.), 24100
Smithtown Road, on July 20,2007. The event will take place between the hours
of 5:00 P.M. and midnight. It is the EFRA's only fundraising event, and has
historically been profitable. The EFRA is requesting:
a. A temporary license to sell 3.2 Percent Malt Liquor; and
b. A Special Event Permit, as required in the CUP for the South Lake
Minnetonka Public Safety Facility- West
Staff recommends approval of the requested permits, contingent upon receipt of the
appropriate Certificate of Liability Insurance documents, which the EFRA is in the
process of securing.
2. License requests for the Sale of Fireworks have been received at the City and
reviewed for completeness. The Fire Inspector has inspected and approved each
site. As all license requirements have been met, a license for the Sale of Fireworks
has been issued to Cub Foods, Holiday Stationstore and Oasis Market. All three
are renewals.
Agenda Item #3D: Mark Kawell, on behalf of Richard Bowman, has submitted his application
for a final plat and final plan for a four-lot subdivision that straddles the Shorewood/
Deephaven border. You will recall that the three new lots being created are located in
report
includes a draft resolution and development agreement for the plat. The agreement
includes the City of Deephaven, which will have to sign off on the plat along with
Shorewood. Staff has recommended approval, subject to conditions.
#..
~ . PRINTED ON RECYCLED PAPER
.....
Executive Summary - City Council Meeting of29 May 2007
Page 2 of3
Agenda Item #3E: The Occupational Safety and Health Association (OSHA) mandates safety
training for illlemployees, and public works personnel must be certified annually in the
numerous areas. Safe Assure Inc. has provided these services as a joint project with 11
other lake area communities. Safe Assure also provides an automated Material Data
Safety Sheet program, also an OSHA mandate. Also included with the services is an
annual on site simulated OSHA inspection for Public Works and City Hall. Staff is
recommending approval of the proposal provided by Safe Assure Consultants for safety
services in the amount of $2,593.
Agenda Item #3F: Approval of the second supplement (S-2) to the City Code Book, which
includes all Ordinances through No. 433, is technically needed to formalize their
codification. American Legal Publishing has provided the replacement pages to the City
Code Book for this second supplement. The edits have been reviewed by staff, and have
been found to be accurate. Council Actions includes Adoption of an Ordinance to enact
and adopt the 2007 S-2 Supplement to the Shorewood City Code Book, provided by
American Legal Publishing Corporation; and Adoption of a Resolution approving a
summary publication of said Ordinance.
Agenda Item #3G: During past Capital Improvements Program discussions in 2006, the City
Council opted to delay the rehabilitation of the SE Area Water Tower located at 5500 Old
Market Road until 2008 or 2009. The SE Area Water Tower is in need of some routine
maintenance and washing. Staff has solicited quotes from vendors for this work, and is
recommending the award of the contract to Water Tower Clean Coat for a total of
$4,700.00 from the Municipal Water Fund.
Agenda Item #5A: The Chamber of Commerce will be requesting funds from the City for its
Lake Minnetonka Fourth of July Celebration. Dick Osgood, chair of the committee for the
event, will be present. For the past few years, the City Council has approved $2,200 to be
used for public safety costs. This amount is also available in the 2007 Budget.
Agenda Item #7 A:
The Director of Public Works will provide a verbal report on Arctic Fever.
Agenda Item #8A: Our Savior Lutheran Church has reapplied for a conditional use permit to
construct a small garage on the east side of its property. The garage had been approved a
few years ago, when the church built its latest addition. The garage did not get built within
one year and that part of the Church's C.U.P. expired. The new proposal is for a somewhat
larger building than the original plan. It complies with Shorewood zoning requirements
and the Planning Commission unanimously recommended approval of the conditional use
permit. Staff recommends that Council approve the proposed resolution to grant the
conditional use permit.
Agenda Item #10A: Bids were received, opened and tabulated on May 23,2007 for the Water
Executive Summary - City Council Meeting of 29 May 2007
Page 3 of3
Agenda Item # 1 OB: On April 23, 2007, the City Council awarded the contract for the design
build contract for the Badger Field Football Lighting Project to Honda Electric. Staff tried
unsuccessfully to have the soils engineers obtain soil borings, perform tests, and provide
recommendations prior to the bidding of the lights. The results of the borings obtained
confirmed there is approximately 9-10 feet of clay fill materials overlaying approximately
12-24 feet of organic soils. Honda Electric has provided a cost increase of $4,320.85 for
spread footings. Staff had estimated that costs would be considerably more. Staff
recommended approval of the resolution that approves Change Order No.1 for the Badger
Field Lighting Project, in the amount of $4,320.85.
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MAY 14,2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:00 P.M.
Absent:
None
Roll Call
A.
Present.
Mayor Lizee; CounciImembers Callies,
Dawson; Attorney Keane; Finance Director
of Public Works Brown; and Engineer
B.
Review Agenda
Wellens moved, Turgeon seconded,
2. APPROVAL OF MINUTES
A.
Callies moved,
2007, as Amended
major" to "it was
her absence at the
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CaIli~~I.u!~N~d, W oodruff !Jijt~"ded,
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23, 2007 ,a~ltm~sented. Motio~l~assed
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C.'tQi~ICouncil '11~rk Session Minutes, April 23, 2007
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Wellens moved, CaIii~HI~tf~(/hded, Approving the City Council Work Session Minutes of April 23,
2007, as Amended in I~+>>l3, Page 4, Paragraph 8, Sentence 1, change "Councilmember Woodruff
stated it there was" to'.'Councilmember Woodruff stated that there was". Motion passed 5/0.
Work Session Minutes of April 16,
Sentence 3, change "it was comprised of the
4/0/1 with Turgeon abstaining due to
April 23, 2007
the City Council Regular Meeting Minutes of April
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Wellens moved, Woodruff seconded,
the Motions Contained on the Consent
A. Approval of the Verified Claims List
[#2A I
SHOREWOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 2 of 11
B. Staffing - No action required
C. Approving RESOLUTION NO. 07-032, "A Resolution Accepting Bid and Awarding
Contract for Bituminous Seal Coating of Roadways."
D. Authorizing the City Administrator to Enter Into an Agreement for Cleaning
Services at Shorewood City Hall and Public Works
E.
Authorizing an Agreement for RentallProperty
Country Club Road (This item was moved to Item
Services for 5795
General/New Business)
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
Road had
A on Harding
Glen Road would cause irreparable
to birds and other wildlife. They
the existing storm water
Mayor Lizee stated the Amlee Road, Manitou
be discussed under Item 1 agenda.
Rehabilitation Project would
5. REPORTS
A.
(LMCD) Representative, Tom Skramstad
in the year Council had requested it receive quarterly updates
Minnetonka Conservation District (LMCD), the Lake
and the Lake Minnetonka Community Education Advisory
was present this evening to provide Council with an
LMCD Board
distributed to Council.
provided an update on LMCD activities, as detailed 111 the report
In response to questions from Councilmember Turgeon, Mr. Skramstad stated that the law required
property owners within 350 feet of a property requesting a dock permit would be notified of the request.
The LMCD had considered increasing that parameter to 500 feet (which was the City's minimum
parameter), but decided it would have to follow the law and be done consistently.
CounciImember Woodruff
of
cities to contact the resident. Director Nielsen clarified the City responded to those types of issues on a
SHOREWOOD CITY COUNTIL REGULAR MEETING
May 14, 2007
Page 3 of 11
complaint basis. Skramstad stated it may be possible for the LMCD to notify the member cities of
violations.
In response to a question from Councilmember Woodruff, Mr. Skramstad stated that the LMCD had
educated residents on aquatic invasive species at its Future of the Lake events. Skramstad stated that
Mayor Lizee had previously asked that the LMCD bring programs on aquatic invasive species to the
school systems. Woodruff suggested that be done throughout Hennepin County. Lizee noted that the
LMCD had produced a television show that was aired and was available on DVD, it had produced a
PowerPoint presentation that could be distributed, and that various boy scoJlP~lll~ve indicated they would
be willing to work with the LMCD to check for invasive species on boat~ ;~trtnii\ers.
,ill
,,~Uii
In response to a question from Councilmember Woodruff, MayorMf~€e S
aquatic invasive species had met twice, and one of the outcomes'iwas the
District (MCWD) had scheduled a State of the Waters May 24, 2
Forum would continue to meet to discuss issues common
A.
that the Mayors Forum on
Creek Watershed
stated the Mayors
Mr. Skramstad stated that the LMCD approved
voluntary safety flag program.
a
6. PUBLIC HEARING
None.
7. PARKS
Director Brown
meeting (as detailed in the
taken at the May 8, 2007, Park Commission
._ :,' .If t- ~:~: .~~-I i:J: t i ffi --,
Councllmem\:1ellf1FUrge
schedulel~,g;"May 15,!
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8 ) PIiJANNING
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to attend the 2008 Arctic Fever planning meeting
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Commissioneil ,e reported I~+ matters considered and actions taken at the May 1, 2007, Planning
Commission meel\~~s detailtf~Hn the minutes of that meeting).
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GENERAL~W~IIi~~INESS
Ill"
,I.
Authorizing an Agreement for Rental/Property Management Services for 5795
Country Club Road
9.
A.
This item was removed from the consent agenda at Councilmember Wellens's request.
with Home
Administrator Dawson stated he had distributed a modification to the
beneficial to the City.
SHOREWOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 4 of 11
Councilmember Wellens stated that from his vantage point Council had not decided that it wanted to rent
the City-owned house located at 5795 Country Club Road; therefore he questioned why Council was
being asked to consider an agreement with Home Leasing & Management, Inc., for rental/property
management services. He stated because the City "more or less got burned" on its previous rental
experience, he thought it would be more appropriate to determine how a similar situation could be
avoided prior to renting the house again. He also stated he would like to see a complete rental contact
before taking action.
< -; ! 111 I ~!; \,
Councilmember Turgeon stated she also wanted to see a rental contm~~:"Sehe!)questioned if specific
restrictions (e.g., no smoking, no pets, etc.) could be included in th<1I~~Il'qI agreement. Attorney Keane
stated restrictions could be included. Turgeon asked that th~ll~g~e~>>t~h with Home Leasing &
,{.~ "'. .:.,. ': '{}
Management, Inc., be modified to be more specific with regard,toltG~ freque visits to the house by
the company. Administrator Dawson explained that the cO~N~.y\~Cluld visit ,e,?use to ensure items
(e.g., the smoke detector) were in working order, and duri\1$1ithose visits it could a ~!~~~ess the condition
of the house. Councilmember Woodruff stated he wouM'llflke to haYt the frequency 19<<~jAits~pecified in
the agreement. Turgeon questioned if the City coul,dHYsijlllW both'tht, first and last ill~"tH~ rent to be
provided upfront as well as a damage deposit.111lIjlhtllln1l!", ,I"
': 1 ~_j -J,I_~ '; "j l hi
~{tul~l~
*l{}:'~S
with exp~tf~fl~e in rentaI/property management
then reviewed eXltRfRts from the minutes of the April
gave '8t"ffil~ftection to ensure the house
coI\W~~ny, and to rent the house as
~;JR.fuicro-manage the effort. Mayor
;tle house be managed as agreed upon
Mayor Lizee stated the City had chosen
services to assist with the rental of the
23, 2007, City Council work session
was brought into habitable condition, to find
soon as possible, and that there was
Lizee then recommended
at the April 23, 2007, wor
in
CounciImember CaIli~!IY
move forward with the ren
management
rental
given direction to the City Administrator to
the reason to contract with a rentaI/property
eliminate the need for the City to manage the
adding more restrictions to the rental agreement and the
down payments; and the benefit of establishing a sub-
agreement.
Administrator the agreement before Council was an agreement for rentaI/property
management Leasing & Management, Inc. The agreement would authorize the
company to begin to rental market for the house. The City would have the opportunity to
review the final rentalj ease for the house before it was signed. Council could also terminate its
agreement with Home Leasing & Management, Inc., for a cancellation fee of $300 if the City and the
company could not agree on rental terms.
Councilmember Wellens stated he would not support renting the City-owned house; the reason the City
purchased the house was to have flexibility when evaluating alternatives for the future of City Hall. He
rental business. He went on to state that the
SHORE WOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 5 of 11
collect) as a result of it's experience with renting the house to Ascending Praise Church for a Hurricane
Katrina family; he did not want the City to repeat that experience at a cost to the City's taxpayers.
In response to a question from Councilmember Callies, Administrator Dawson explained the agreement
with Home Leasing & Management, Inc., would commence that evening if Council approved the
agreement. In response to another question, Dawson stated the company was not willing to begin looking
for a renter until the agreement was signed. Callies questioned if would be more appropriate to delay
signing the agreement and renting the house until the future of City Hall had been resolved. Dawson
stated at the last Council work session, Council directed Staff to move fo~m~h~has quickly as it could in
selecting a rental/property management services company. Councilmem~lfr!Woootuff stated he thought a
decision regarding the future of City Hall could be reached by late Jj.dMI.~f,\early August, and if that did
occur nothing would be done to City Hall until 2008; therefore?d~ew~~lfl!~upport renting the house
provided the rental agreement included an early termination cIal,lse1ijl some d0I~tltg the City.
{!lUh~?:" ')'ifl,!UU~b,
Woodruff moved, Callies seconded, approving and a~^~m'izing"the executioiilqp~~e agreement for
rental/property management services with Home I;RRf,ing & M~nagement, Inc.l~+~\?~rpassed 4/1
with Wellens dissenting. ,Ilh!imlh llh,lilillll'
10. ENGINEERING/PUBLIC WO~~ "Illlllilllllll:::::"""'"
A. Approve feasibility reporfl~MI~9,ad Reconstructiq"I~Jld Water Main Improvements
as part of Amlee Road / M~ni~~Mlm~~^e / Glen R~nijll~tJle'et Rehabilitation Project,
City Project 07-01 fh,'\nilllllll1h HIi'"
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Engineer Landini stat~d CO~:lfiihnn?lbeen provide~lrnltH'the drkflIP~~sibility Report for th.e Amle~ Road,
Glen Road, and Mallltou}Ha:1'\e'~q~~i~econstructlo~\and Water ,Mam Improvements Project whIch was
prepared ~y. WSB & 1nf"~iates. T!\~mrPort a~dress6'1,street improvements, storm sewer improveme~ts,
water mam Improvemen~$~I>>I1? sallltaIW'sewer ImprOVElJ!lj\yuts. The report was prepared to help determme
if the project was feasible 'Yqfiltp d~ml~ IfIl~~,:~pe of ~~~'project. Staff did not recommend that Council
take any acti.~11111~'1If~111,r~portl~~ltlll;ehih~;:iHlfmUm~t~d that Council delay action to.after the May 29,
2007, counlffiNV~hll~~~~1'1'i'IIt,WheI11~~I~aPItal Imp1'0vem~nt Program (CIP) wo~ld be d.lscussed. H~ noted
that Mr. Mrs. Vart!'~~l1iW Amj~~IIR,0ad, had submItted a letter to the CIty (whIch he provIded to
CounYl~l I evening) whicUINft~,ressed'~fl~PitlI\Pt>ncerns with the report.
~J "~:hllL ~ rt UI h _ :ilP
Steve Gurn~:t~lmm~ WSB & A~1H~iates, l1ighlighted the draft feasibility report (as detailed in the report).
,;: f:!;:I~lsg __ ll.)!.~i
~ TH~.llll;Oject incl~"'\ded the reconstruction of: 2,400 feet on Glen Road from County Road
, x, 'i ",1.'1: ~ _ _ -~, ~?
19 icrIH~l}Ve~W~nd; 400 feet on Manitou Lane from Glen Road to Am lee Road; and 800
'nnH:t,__U1J
feet on'\<Nm}ee Road from Manitou Lane to its east end.
,-or/Sf
~ Water rp~in would be installed on all of the project roadways (the section of Glen Road
between County Road 19 and Manitou Lane would be directionally bored). Water
services would be installed for all existing properties, and additional service connections
would be installed for larger properties that could be subdivided.
~ External sealing projection systems (Inti-Shields) would be constructed on all sanitary
manhole structures, which should prevent rainwater from infiltrating the sanitary sewer
A 4-inch sewer service was to be added to oversized lots that could
SHORE WOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 6 of 11
~ Storm sewer improvements are proposed that should reduce the possibility of flooding at
backyard of the property 25735 Glen Road, and the backyards of the properties between
the Hennepin County Regional Rail Authority (HCRRA) trail and Amlee Road.
~ The project was proposed to be done in two phases in order to provide access to all
properties during construction. Amlee Road and Manitou Lane would be constructed in
Phase I and Glen Road would be constructed in Phase II. A temporary access road was
anticipated. The contractor would be required to maintain access to the existing houses at
all times during construction.
~ The approximate cost for the project as proposed is $2.3 mjJ#~~u~ and that figure includes
a 10% contingency and 25% indirect costs. The approxiIH~tgcosNor Phase 1 (the Amlee
Road and Manitou Lane portion of the project) was,lfRnH imately $1.0 million and the
cost for Phase 2 (the Glen Road portion of the projli~~rwa! roximately $1.3 million.
~ The funding sources for the proposed project werlflkpproxi ,~J~: $1.3 million from the
Street Fund; $20,000 from the Sanitary Se ~l~pliid; $515,ooqlm~m the Storm Water
Utility Fund; and $425,000 from waterm asse~sments to prop~~its. There were 47
properties in the proposed project ar~~I~hat woul,)I be assessed, ah;41!th~ '1l1Pproximate
assessment per property would be $9.\GOOlillllh 'I,;,
~ The proposed schedule for the project wasl w~~~IH1d$were schedul~Clto be received
in December 2007; construction was sChedultplbeing in May 2008; and construction
was scheduled to be complttff:? in June 2009. I!lllhh,
~ Permits from the Minnehahalmmr!~"Watershed Distri~tl{~CWD) and the HCRAA would
take between 60 - 180 days t6!ff~tai"II~YI~,.they should l~tlh~ft1ined as soon as possible.
Ill, ''i1lhIIUhl ..JII'
Director Brown reiterated that Staff was not rqRue 'gll&u.~.II~<r~i'9pliftom Council this evening. Staff
recommended that funding proJ~c 'uld bJl!~">>~:dered in conjunction with funding
discussions for other n projects, aq hat discus~jon would occur during the May 29,
2007, Council work d to the Cap I Improvement Program (CIP). He clarified that
approval of the mean the pro YI9idesign was finalized.
;~s ator Dawson stated Council could take action to
'nity report.
In response tOfhflHR~tion
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CounQinl1h~ber Turgeon qu~~tl9ned
theirl'sut{t~Wft!.for tabulation il~1, those
installation ~~~~ni~o the May 29lmprk
ll!UhL 1111
Councilmember ~fl~~l~uff req,~+sted that a comment in the executive summary of the report regarding
the ability to accomMijP. fi.te. ~"poff from a 10-year rainfall event be explained at that work session.
. III !I'II !!!"
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Councilmember W ellel1~lquestioned if the property owners were contacted again with regard to water
main installation, would that result in this project being handled differently from other projects. Director
Brown stated that for a recent project the property owners had been surveyed three times, with a different
version of a survey each time, per Council's direction.
contact those property owners who had not submitted
had responded as "maybe" with regard to water main
Councilmember Callies stated the reason for the feasibility study was to gain a better understanding of
SHORE WOOD CITY COUNTlL REGULAR MEETING
May 14,2007
Page 7 of 11
Robert Michels, 5565 Harding Lane, expressed concerns and comments with regard to the feasibility
report. The report appeared to be more of a proposal than a feasibility report because it did not contain
any cost/benefit information. The report should state that it was an unbiased report and that WSB &
Associates had no active interest in the project. The report should address the survey results of the
property owners. The report did not specify why the project was necessary, feasible, and cost-effective -
that statement was made in the executive summary. The statement in the executive summary that stated
"runoff from the portion west of Manitou Lane currently discharges through a culvert and swale to the
HCRRA trail" should be changed to "......... culvert and swale to the property located at 5570 Harding
Lane", and the statement "the culvert is partially plugged with sediment"l~~?,uld be changed to "the
culvert runs into the yard and in close proximity to the home on the p rtyl'ocated at 5570 Harding
Lane". The location of the temporary access road should be identifiedfifl @,report. The address specified
~; f, 1.~ ;' ''\
as 25735 Glen Road in Section 4.3 of the report should be change,~lilo 2 ~fi!plen Road. He then stated
he did not understand Mr. Gurney's comment that a culvert w.9uIBlte add~JI~~11~e west end of the road;
he wanted input into the installation of a culvert and he wa~Vr~I~<P!'I~e;surveyed~~~niregard to the project.
He noted that he already had drainage issues each spring. dill" "'lillllif
c ( i i t i " i } if ~.!-t ,
Wally Piroyan, 24845 Glen Road, stated he had jU~t!~M~~fl'\Y rece'it~R information '~Y~ijll~lile proposed
project. He stated during an unrelated discussion in Februatl}j!ft~,?7}~~ma€\.asked Direct0,u!Nielsen if there
were any plans to expand Glen Road, and Nielsen stated thellijm{~~e not any plans to do that. He then
stated his concerns and questions with rega~fI,to the proposed pr~j.~Rl!(~hich were in addition to concerns
expressed by Mr. Michels). The report did rN:l~I~<ij<iress all the matuf~llmq:,es that currently exist along both
;Hn@I";H; 'I;HIH
sides of Glen Road. The report depicts that GI~~r~~*,qlM'ould be widen~l:HtQ!~8 feet; that would encroach
';1"""."" "":',:,:",,,,'C;'
on all of the properties on the south side ofGItb'I1I)R~~l1Hdffr~~r~"tllere are~ally mature trees), and it would
result in curb and gutter being located next to hj~,old~~faM~lltm"\y,?,!ni~y be classified as historic). He
questioned if his undevelope ;I(f);t,(M'hich was nd.tltQ!tfi'e propel1Ni~Ms house was on) would be assessed
for the water main insta\\; H.lI~~!~,tated he was11<<pposed to CliWaspects of the proposed project. He
questioned if the feasilt~~i1Y, report ~""tessed the ded~~ase in property values that would result from the
loss of matur~ trees.We!ll.t~\f,lfi~esti011~ i~ th~ City c~tl~~!~y;arantee the improvements made. as part of the
pro~osed project would res~3~I1fh;~elnltmm~i~~?OfhlS]~otm water concerns. He then questIOned how the
project '!lllllll!h ., !f!H1HIIll!IIUIW'
-')::",':''i','''t
oposeHI~~(f)J~ct ~rea had been under consideration for quite some time with
concem~hSpe stated a draft feasibility report was being discussed this
'Cifri;
ussed 4t1a May 29, 2007, Council work session.
stated
orm water
81would be
linn
'ttUU~~.~.
Director NielseIU~l~ted that wh
plans for Glen Rda~~hj, ,I
"qUUh"dIP
Administrator Dawso~ll~'>>pilfied that Council had ordered a feasibility report for the Amlee Road and
Manitou Lane Rehabilit~tion Project at its April 23, 2007, Council meeting and directed that the report
be expanded to include Glen Road.
he met with Mr. Piroyan in February 2007 there were no reconstruction
Bob Gagne, 24950 Amlee Road, stated if a road reclamation project for Glen Road was approved then it
would be a wasteful use of taxpayers' money not to install water main at that time. He also stated it had
been a mistake not to install water main when sanitary sewer was installed under Glen Road.
a storm water sewer line. He stated he had storm water concerns the entire time he has lived on his
SHOREWOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 8 of 11
property (which was since 1977), and he had spoken to Director Brown about his concerns a number of
times. He was pleased that the City would finally address his concerns. He stated the wetland that was
located on his property was shallow and it was filling with sediment, and the ground located near that
area was wet most of the summer. He then stated he had spoken with Engineer Landini and suggested
that the wetland located on his property and the property to his east be enlarged to provide a place for the
storm water to drain into. He recounted his experience with a 9-inch rainfall in the 1980's, and noted that
if a 10-inch rainfall were to occur today his house would be flooded. He stated he had lost a mature
maple tree because the roots of the tree had rotted from ground saturation, and there was potential for
him to lose additional trees for the same reason. He stated he appreciated to install another
drainage pond on the other side of the HCRRA trail and to funnel storm pond.
Mayor Lizee again stated the City recognized there had
in that area.
Dave Gerton, 25110 Glen Road, stated he was
regard to Glen Road. He questioned if there was a
Road and stilI maintain the road at or near the currentl~; he would like
-,I.:J:,,,,
trees maintained even if it resulted in a higher assessmenthl~r~,~~M)hqwners.
111111111
Director Brown explained that the State sta~R~rd for the width cJfIWli\li~ving lane was 12 feet which would
result in a 24-foot driving surface; the edge&~!nn9A which would iritlt"~ the overall width of the road to
, ~. ~. _~ >i- l' ~: ~'. ,: ~.. :' :,: :\: ":':
28 feet. He then explained that fire code reijpHt4"llfllminimum driv"j rface of 20 feet. He stated
Council could take specific action to allow a driM'ingmn~Itl.<P!Rft 11 feet w
1111" ..,.iilll!lIIIIIIUlrr;;.;.;I!
Dave Hutton, with WSB & f\~;~q~\~tes, stated WS~:~;ltd;Associa'fj~~IWas an engineering firm hired by the
City and it would publici 1~ltflm~mt~~,ect out. Heq~ncurred tha~:the State standard was a 12-foot-wide
driving lane; a City 9; . legallyh~~;thorize a natl19wer driving lane but it should meet fire code
requirements. He thenf! that b~+~use Glen Roa~!~~s a dead-end road it could be given special
consideration regarding th l;~h ~n~~~;;~t,~~et He stj~JH no specific plans had been prepared for the
Glen Road P~~!~nlflllmtll~~ojec 1~~nl~~~!r~~$iRilfffllmW)h was just the beginning of the design effort.
.!JIIPI;.HI;p1nU)liI!.; !'!m!', ..;
~ounci.lmtmber W oodtUllfl~lft:ified !t)f~tIRrop,~rties would only be assessed for the cost of water main
mstaIla~itfu. ';I"111l!ll1!1hl1l'
-'^:l~---"...."',.:1;...'...,.......",.,.,...,.",.........".. 1..1...,;.....1...1........... '.. '..,.".'.........:..'......:....' '"''
,fP'IIIIUh, .IIIII,H!lV
In respon;~~i~~iifi;question fro~ll~r. Pif~yan, Director Brown explained the City's policy. The policy
specified therel~~~l;~urrently a i~llo,ooo connection charge that must be paid to connect to City water. A
property owner *'iijlA,pay tlwlWonnection charge minus any assessment paid by the property for the
installation of wate~!I<<i~\9. (Hl~I~o $10,000) at the time the property owner connected to City water. In
response to another qllijiMWll, Brown stated a property owner could have a private well and also be
connected to City waterllp~ovided the two did not interconnect. In response to a third question, Brown
explained that typically a property owner can have 15 years to pay the entire assessment, and the property
owner would pay interest if the a property owner chose to finance the assessment though the City; that
interest rate but it would be determined at the time the assessment was levied.
Roger Fischbach, 24885 Glen Road, stated it had been a mistake not to install water main when sanitary
to be reclaimed then water main
SHOREWOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 9 of 11
problem with Glen Road; that had become an issue over the last three years because of a resident using
the street for overflow parking of personal vehicles.
Mayor Lizee stated previous Councils and the current Council had been aware of tree preservation
policies that had been in place for many years.
Mr. Piroyan stated that he had also lost trees because of root rot from the ground being overly saturated.
Mr. Rodewald stated that he had a porch located where the easement on hi~IBt~Rerty was proposed to be.
He questioned if that would be a problem. Mayor Lizee stated that woulddIpWt~kei\';jnto consideration.
{ ~:lli.~i,
-, ~"'" j<<:C ~
Mr. Michels questioned why the feasibility report had beeqlfl~I[;~""~4" to include Glen Road.
Councilmember Callies stated that the feasibility report was reqU~~ted toilij~t"~e all possibilities, and
Glen Road was in need of repairs at this time. "lIll, , '{Jim,;
,:L1'f:!' "i-i:iijil;([{.1,
Turgeon moved, Wellens seconded, Receiving,~~~; Draft ,reasibility Re~\)~tl!j~~,i Proposed
Improvements for the Amlee Road, Glen Road~'~Ui~IHW-,anitou!lf~ne Road StreetlllFle'habilitation
Project, City Project 07-01. Motion passed 5/0. ilil.lllhlllll"'I,\ ;1"
~t[I;lnil:};'-
B. Accept Proposal for Enghwering Services fori~l)!41~mlee Road/ Manitou Lane/ Glen
~p'::L., hthn
Road Street RehabilitatiorlIJr"Jd~~t, City ProjecfOHt~J
\111111111111!'j,.." tllllllll'lli'
Administrator Dawson stated the City relied o;~,lthe;lH~~1 lpsulting eq~l~eers for a project the size of
the Amlee Road, Glen Road, and Manitou Lane 5!tlreet R,~ ~~~l}tiR):l }?r,dject.
't~~.. ,:f~'Jff ''''1trilltflli*'
Engineer Landini stated t,~\~'~~>>~~HHl,ror professi6~ijili~ervices ;~D~ WSB & Associates for the design,
bidding and constructi9nlt~ase engi~~+ring services r~; the project specified fees of $130,852.
l!iHilllll!I,Il!' "lIll'.d'
Woodruff moved, Wellen;sIW~i~wnd~n~I~Rpr?ving th~I~'roposal for Engineering Services from WSB
& Associates Jftnlm~l~eSigriJI~,~~~Hg:~Ii>>ilftn"~lmlct'ion Phase Engineering Services for the Amlee
Road, Glel}i!ff.ontlVa.>>~IMfl;nitou.j~~nil? Street Rellrabilitation Project.
idIPt'llllllllhi!jm!;i
Coun9~.ttl!~,nber Woodruffll%~~~tionedq~ftlthe' scope of the project was reduced, would the WSB &
Assd6l~mLI!IQ~~rs be reduc~ijl!~r vicef~~r~a. Director Brown stated the costs would be adjusted
accordinglyij~f~P on the finali~h" project scope.
,11'1....l 1 'I... Hil
Motion passed s'lilll1l1t .,111111
i1lllh)'W
C. Revie.wlftkHi~ary Sewer Back-up Policies
;1'
.1'
Director Brown stated this item was placed on the agenda as a result of the most recent sanitary sewer
backup of the Metropolitan Council's sanitary sewer facilities along Noble Road and Edgewood Road.
He stated Council had been provided with a copy of an April 23, 2003, memo regarding discussions of
the City's sanitary sewer back-up policies. He then stated Staff had reviewed the recommendations
provided in 2003, and it recommended the practices outlined at that time remain in affect and unchanged.
implications that could occur in the future) and it outweighed the costs of cleanup.
SHOREWOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 10 of 11
Brown then stated that the City had only had one sewer back-up incidence, which was a result of a
mechanical issue, during his tenure; and at that time ServiceMaster was brought in immediately to
address the problem. Staff wanted to ensure Council understood the costs that could temporarily be
incurred if many homes needed to have damage control done at one time.
Mayor Lizee stated that Council had always appreciated a rapid damage control response to sewer
backups.
A. Administrator & Staff
to
In response to a question from Councilmember Woodruff, Director
formal policy for Council consideration if Council agreed with the
Councilmember Woodruff stated he was in favor of the City
favor of residents being responsible to help mitigate the
reminder to the residents to add sewer back-up coverage to
Councilmember Wellens suggested that the policy
cover sewer back-up problems that were the fault
11. STAFF AND COUNCIL REPORTS
None.
B. Mayor & CitNI~gJlncil
">""1"1111
".lj!!"llllh!I!:!,
Councilmember Wood1i1lllttprovid~a!~HI update on a
WiFi program. The rntiJatlfhmg he ~f*ted to convey
1,500 households per sqdarftllmil~dfR!lm~ke a
recommended ,in~tlnl~!!~ity coHtj>>>>R :to lsta~l
J I t f T l J t it t ~. [J 1 tl.~li; .~. ~.>"., 'tl.~ 1; I;I..~
CouncilSntl\}ber wel;~N~lij~flle th~tl~~: review Ron Johnson's water situation. Director Brown stated
Staf:lm~t\th~ave an answer'~lnlfellen' end of the week.
'IlWlml" ,
Councilmerm~ ,Wellens statJHlIh.. e haH raised concern with the City holding an annual employee
{ I.,>>.,>
appreciation .' a documen:1lfrom the State Auditor's office it was stated that cities did not have the
implied authority . ~q.so. He ~~tbtioned what had become of the concern he had raised. He thought that
. "~k~_. :i}'
also applied to a co f~tUfHnd,dtJ6ttled water, etc. Administrator Dawson stated that legislation had passed
through one, if not botH!lijfr~1\e State legislative bodies that would clarifY that those types of things would
be expressly allowed. ,II"
he attended in St. Louis Park regarding its
was that it would require approximately
feasible from a cost perspective. He
programs and technologies.
12. RECESS TO WORK SESSION
Mayor Lizee recessed the Regular City Council meeting to a Work Session at 9:05 P.M.
13. RECONVENE
The City Council reconvened in regular session at 11:17 P.M.
SHOREWOOD CITY COUNTIL REGULAR MEETING
May 14,2007
Page 11 of 11
14. ADJOURN
Turgeon moved, Wellens seconded, Adjourning the City Council Work Session Meeting of May 14,
2007, at 11:17 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Craig W. Dawson, City Administrator/Clerk
ATTEST:
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MAY 14,2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M. or Immediately Following
Regular City Council Meeting
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
jpts
ed the UL iilto
against the UL lllith;. At an
1,';.. "11: (~
lltlR:atter; it appeah~Rllle focu
';! B 1] 1t, i ' , " t~ l' ~. ~. ,
Attorney Ke~~MIR!f\rified that ~l~isdemeanor tab charge (basically a citation) was issued against the
ULMYC, seeking'ql~h~rge thati~11e ULMYC was in violation of the City's Ordinance by intensifying an
existing nonconform;~~~ ~/~~jith.e addition of motor ~ra~ in the sailing slip~. He stated that slightly over
two years ago the City' i lrecelved a favorable rulmg m Federal court with regard to the Shorewood
Yacht Club (SYC) ma " when a judge concluded that the SYC was in violation of its C.U.P. by renting
slips to power boats. Based on that ruling, the decision was made to seek an expedited process of
enforcement and a citation was issued with a misdemeanor complaint.
A.
Roll Call
Mayor Lizee called the meeting to order at 9: 15 P.M.
Present.
Mayor Lizee; CounciImembers Callies,
Dawson; Attorney Keane; Finance
of Public Works Brown; and
Manager
Absent:
None
B.
Review Agenda
Without objection from Council, Mayor Lizee
2.
Director Nielsen
the Upper Lake
permit as a sailing
not specify sail boats (it
neighbors of C
City again
City ha
legal,
disrriisse
up to filing a criminal complaint against
ULMYC had applied for a conditional use
1978 granting the C.U.P. to the ULMYC did
the City began receiving complaints from
been renting slips for power boats. In 2006 the
same from the neighboring residents of the ULMYC. The
. gslips for power boats, but to no avail. The City then took
Y24, 2007, hearing on the matter, District Court Judge Porter
solely on the resolution, which did not specify sail boats.
Director Nielsen stated the neighboring residents to the ULMYC had concern with slips being rented for
power boats because it could result in the ULMYC in effect becoming a marina.
amend the C.U.P. resolution approved in 1978 to specify
with the application that was submitted. The process that would be followed would be the same as the
1#2B I
CITY OF SHOREWOOD WORK SESSION MEETING
May 14,2007
Page 2 of9
process followed for granting a C.U.P. - a notice of the hearing would be published; residents within 500
feet ofthe ULMYC would be notified; the Planning Commission would hold a public hearing and make a
recommendation to the Council; and the recommendation would come before Council for consideration.
Attorney Keane clarified that the action the City took against the SYC was a civil enforcement action.
The action taken against the ULMYC was a criminal prosecution which has a much higher standard
(beyond reasonable doubt). Director Nielsen noted that the resolution for the SYC was specific to sail
boats. Keane stated it was an error of omission in the resolution for the ULMYC not to specify sail boats
and to be consistent with the application.
,_,}::IH;itL
Councilmember Callies stated usually the applicant requ~~i(Pd an amendment to a
stated he did not think there would be an issue if the Cin!llqitiated th~,amendment.
"hIdtl1{L \1'
,\ ., - '{- ~ 1 i ~_1 t _ ! ~.'"I. ^
th_~Jq" __::n}~:
Councilmember Woodruff stated that although he was not'4!~1~~~ylbhhe ULMYC, sail out of
the ULMYC. He assumed that the ULMYC would challenge tl1~lm,'iy's desire to amend the C.U.P.
" " { il: f ~: i: 1 ~.
In response to questions from councilmemY~~I~'?I?druff, the fOli3WI<<~lfomments were made. Attorney
K~ane stat~d that Judge Porter did not spec~~palll\tlintnllt,he ULMYC!~PH1~ifent ~lips for power boats.
Director Nielsen stated that the ULMYC clallt\fi thatl\)oj~'H!it,person pa*lY'for a slip rental they become
members of the ULMYC, although he did not thJpk th~lIPgfW~~IWWmretl all the benefits a regular Club
member was entitled to. WO? fcommented tH~t t~ellocatidI1Jl~flthe ULMYC was not in an area that
would be suitable for a co1\~~ ~i~m~rprise. 1111;1) ,IW'
d. I~nl1 jL
Attorney Keane stat~@1 1 PorterH~pnsidered the l\trro,)Y question of the complaint the City filed -
would the complaint con;lrli~ vi~\~)'?nof the City'lllmrdinance by virtue of intensifying an existing
noncon~orming,"~i~~}n ~onvel\1t'~9!I~ailiiQgil~nJr~iffill~Wrtbr boat slip rentals. Judge Parker stated that the
complamt ;IYly~tJi~Rn~n'n~!;he t~~1Irlll~'!~eyoHalre~s,onable doubt".
Coun~~. 'mber woodru'flfiij"nl~ionedillnl"lf!~ould be Council's intent to restrict the use of the slips to
meIQJJ~..I~...he ULMYC. '1'.1.'.,.,.,. '...HI'
I., \lIlliI!'
1"11, IlIdli"
Director Ni~l~t'th!s,tated the ~m"ndment should reflect the ULMYC's intent in its original C.U.P.
application, anditth\t,Y"ould be q~>>sistent with previous resolutions for the ULMYC.
i 1 ~. i ~._ i ~._! i , _ i III j
Councilmember Wejjg~~If1H~sfioned if it would be appropriate to allow the ULMYC to use 20% of the
slips for power boats tn~lmarket for the sailing clubs had changed.
, ~ f
Councilmember Wellens stated that the ULMYC had won the case,
City's zoning regulations. The City was now considering
disagreed because the Council meeting minutes reflected that
as a sailing yacht club.
Attorney Keane stated that the he did not think the City's Ordinance contained a legal definition of a
"club", although there were legal definitions of clubs contained in other ordinances. Councilmember
Woodruff stated that he did not think the ULMYC had strict restrictions with regard to Club membership.
Attorney Keane stated the City could pursue the civil enforcement path instead because the City would
a
amended the C.U.P. resolution the League of Minnesota Cities Insurance Trust would defend the City
because it was a regulatory taking. He recommended amending the C.U.P.
CITY OF SHOREWOOD WORK SESSION MEETING
May 14,2007
Page 3 of9
Director Nielsen stated that the ULMYC had tried to have its property rezoned to L-R, Lakeshore
Recreational District, but the request was denied.
Mayor Lizee stated she would support moving forward with the amendment process.
Councilmember Woodruff stated he would support conducting a public hearing with regard to an
amendment.
"nl,
Councilmember Callies questioned if the City Attorney's office had donei~~~ires,yarch with regard to the
City requesting an amendment to a C.U.P. that had been granted. She..,~t~1ed the legal question would be
if the City had the authority to change the conditions of a C,U,p'i~,IH~ftlRreviously granted. She then
stated the City would actually be clarifying the C.U.P. ;;iPl '!IIIIIl;.
; fi L q I L'l III II ! II
Attorney Keane stated the ordinance was not clear with reg~n!:lhoithe'City's aum~1i
The Statute was not clear. He stated he could have som.~~ne research if there hatH. 1 any court cases
interpreti~g that ~uestion. He then used the followi~fillt~,alogy ofi~n applicant ch ' Jp.e use of a
C.U.P. - If th~ City had grant~d a C.U.P. for gravel oper~11~r,s and ~l1h.lrravel ope~ator, ted. to add an
asphalt batchmg plant, the City would be free to hold a !~~il,1;~a.t1i1g) to conSider n,€ ocatlOn of the
C.U.P. or amend the terms of the C.U.P. in light of the changd' .i'
I!,,,. 111I1h,
~~;':in~~o~:~~:~n ~;;~:s~U;o:~r:~:~ ~~~~~~W~i~lti1:roceS~II~%~~I' following the established
Councilmember Wellens stated that Council h~4hnot~)~~J~~"1I~9,\i,?~,tJ~~ the City was initiating legal
action against the ULMYC. I;I,Y!I~mted that he wa,>>f1fH1to recei~~I~jillilar information in advance in the
future. Attorney Keane s(t~~etllltli~1h\1e recollectetljiihat there hid been discussion with the Council
regarding the complainJ~ll#~ City H~~~eceived from~~operty owners; and that the City could pursue civil
enforcement or lega\l~rlt~~ltment, ~<<~ the City cho~~",t9t pursue legal enforcement. Director Nielsen
stated that he would notif)l!~thwcil oKlfHtrre land use vi~lcltions resulting in legal action by the City.
1 illllli,i.iillllllllllll!!ll!it:.i 1':..:..,.!!,'11
Director N~ri\~"<<lm"~'H~ped ifll"~iULIvtY(!lii#!~~lC1 take legal action against the City to stop an
amendm~nlJtO. the c.~lUilmrlt':"~uld:kll!~N(LMYC. again rent slips for ~ower boat~ .and wait for the City to
take 1,I;actlOn ~ga~nst1i~lttI~l~ch coul"lfir~~lt m the League of Mmnesota CIties Insurance Trust not
reprt?~ijftlf~e City m an en~fl1flement anllHn.
~HrU~", "H1!% ,1'
3. 579S'q]fhJJNTRY CLUIflIROAD
iqllll!tm'
Administrator D~W~"h stated!I~Fiat Ascending Praise Church (APC) had not responded to the City's
demand letter by Apriil1 ri-~'07. He then stated at an April 23, 2007, Council work session it was stated
that Attorney Keane w! .... have recommended that the next course of action would be to pursue an
expeditious remedy in srAall claims court.
Council member Turgeon stated that APC did not exist. Councilmember Woodruff stated an article
published in the Sun Sailor stated APC had dissolved last year and Pastor Nyambu now worked for
Livingwaters Church.
2006 that APC was "going" with Livingwaters Church, but what that meant was unclear.
CITY OF SHOREWOOD WORK SESSION MEETING
May 14, 2007
Page 4 of9
Councilmember Woodruff had two questions - 1) what should be done with the house; and 2) was there
any opportunity to recover some of the City's losses.
Attorney Keane stated that the City could proceed in small claims court if it sought to recover up to
$15,000. Councilmember Woodruff stated the demand letter requested approximately $17,000. Keane
stated it would be possible to determine if APC was in existence; a non-profit organization would have to
be on file with the Secretary of State.
Councilmember Callies stated if APC was in existence it could be a suit in re~onciliation court. The City
could choose not to partake in a suit because APC entered into the armrlMt~~!1t to help a Hurricane
Katrina family. She then stated if the lease arrangement had not bee~ldh!ered. into, the ~ity wo~ld not
have made any profit from the rental of the property. She also staty~llt1q;1Imllrncane Katnna family was
more irresponsible than APC in this matter. Councilmember Turg~~n statij~htJ was APC's obligation to
pay the rent. Callies stated because the arrangement was enter~ftYJ.!f!~J as a chtlt~t~~!e deed and that didn't
work the way it was intended, it may be appropriate to not J?il\l.~sue,j\egal action.U:l~n\1cilmember Turgeon
stated APC made the agreement with the City, and it wa~(WPC'S responsibility to\~~4Hre the family was
tr~a~ing the house with respect. Councilmember Wo~ft~HfCstated ~~u.n~il owed it ia!thna(~~idents at a
mlmmum to try and recover costs to restore the houseto .J1r~.J:htlible corH:htlon. 'Illl!
'iillllhidli'im;J) .ill'
Attorney Ke.ane stated the City insisted th~ lease be with a spq~tMting organization so that organization
was responsible for the conduct of the famll~l\. iqll!lIJ
i'J'i!ij'.. 'Inii],
.,,1]](\', \JIlJi;
There was Council consensus to direct the Ci~,l~ii~m~~,to pursue fJHq~~fl(\e(gal action. Attorney Keane
stated it would be easy to determine if APC w~1. stiIIIii~l!rlfint~nce; he d'~<llPnot think it would be an easy
task to determine if APC had any financial resd~'ces t~l~oiqItRrtllI;1~lf~~n stated it would be possible to
get an injunction against an elltity,lrat existed. II! ,dlP' 111111111'
dlllllmlllmiii;'IlW. lit"
4. PAYMENT OlllWLAIMSJlllBlPCESS III
~JUliUhh "tUn '~'t
Administrator Daws;n stdt~~hhat thiij!i~sue had been '~Wdi~ssed at an April 23, 2007, Council meeting.
Counci1member. Iurgeon ha~IUt~~!~~dJlIlHtt$~nftti~nJ)!q)fu the League of Minnesota Cities with regard to
payment of )yJllHnWJI ,she ~e:qll~~ted ~~inl~eht~llf~om the City Attorney and further discussion by
~...~f T I ' ~..1 " .'; , I { f ~. :. -'0 t-: f -: 1 i '
Council. Gl:4Jn'ncilme' im-;9odrurflHhp requested a listing of the claims paid in February, March and
~t '.'-t.~.1J'~_ ~'['~.l~:t
April Ithe associated isr~H~~, and cl~~)jY,9,,~ates. Dawson then stated that Council had been provided
info~ n the process Si~lflpad useHlr,<br payment of claims for approximately 15 years; many claims
had been~fior to Councill~Hthoriz'l-tion during that time period (e.g. judgments, certain principal or
interest obli :iijns, rent, fixedIRl1anges determined under previously Council-authorized contracts, and
wages). CounciFj~nni~lso been ~n~vided with comments from the City Attorney with regard to procedures
for paying City cla'i~~!k ,IW
~.[il:llhIf1t:~1jj
Councilmember WoodrUffliStated that from his perspective the policy currently being followed was not in
conformance with State/Statute. Attorney Keane stated the City may not have previously been in strict
conformance with State Statute, but it was currently in conformance with State Statute; once the issue
had been raised the City had been adhering to the requirements of the State Statute.
Director Burton stated the City was in conformance. She then stated that check number 44133 to the
Senior Community Services had been voided. She went on to state that the decision to issue that check
the and
check for the voided check.
CITY OF SHOREWOOD WORK SESSION MEETING
May 14,2007
Page 5 of9
Councilmember Woodruff stated that he had asked Staff about the process for payment of claims before,
and he had been told that Council had the opportunity to remove an item from the list before a check was
released. He then stated because a certain process had been followed in the past, it did not make that
practice right.
Director Burton recommended that the new process would be for Staff to print and hold all checks, with
the exception of payroll related checks, until Council had approved the claims. She then stated that was
not common practice for cities of similar size.
,lllllmllln
There was Council cons~U~us to '[,'
,:fjn~'-
payroll related checkMltlltlL~nl~ouncil
fIUiI1l1}.'
Attorney Keane,~~,s~~,::fully ;~~~"m~l
"IIHUIIHildl' 'Hkl;,
il-l.l!-IpnllJllllPlll ai'lL
5. S .,Ii!1kEW(jt!ji~UiU~QUORlmJr~RATIONS
l' 'HH.ll'I.I. 'hl.II'l.'
, 't 1ft 1:,~ j J; 1. ,,'~. [ i:! t ~ t f . ;:',' 1. f
Adll\' [,Dawson statdllfnOltopic dffiW~'future of the City's liquor operati?n business was continued
from a M J~6, 2007, Coun~~Mlwork seSSIon. Subsequent to that work session Staff had prepared the
following butl~~~lprojection sC~~frios and exit scenarios: revised 2007 budgets for each store based on
2006 actual petf~",Rnce, the ~+fent personnel reduction, and activity in 2007; closing the Waterford
store on June 30, '~QQl; a on~pstore (Shorewood Plaza) operations through December 31, 2008; and
operating both stores'lt~~~m~~IDecember 31, 2008. The exit scenarios also included the exit timeframe(s)
needed to vacate the st~tM{Y); the disposition of equipment and inventory; and the probable period of time
needed to sell the store(s~"and a likely range of the sale price for the business(es).
had been told it was
principal or interest
contracts, and wages
Councilmember Wellens stated he wanted the process to be done the
done. He did think it was appropriate to release payments for
obligations, rent, fixed changes determined under previously
prior to Council approval. Councilmember Woodruff agreed with
Director Burton stated there had been previous discussions
paid and released prior to Council approval.
claims that were
Councilmember Turgeon stated there were a
Council approval. She then said that regular bills had also
prior to
Councilmember Callies stated that
certain checks prior to Council approval.
process.
practice was to release
for changing the
There was ensumg discussion with
approval.
without prior Council
print and hold all checks, with the exception of
Dawson then stated the City had engaged the services of a business valuation consultant. The report that
was produced was considered a non-public report because it contained information that could be used to
the City's disadvantage during negotiations for the sale of the store(s). He also stated it was assumed that
the strip-mall owners would want to continue to have a liquor store as a tenant; that was a key
Dawson went on to state that discussions had taken place with an owner of the Waterford Center
regarding amending the current lease to reduce the month-to-month rent to 110% of the past rent
CITY OF SHOREWOOD WORK SESSION MEETING
May 14,2007
Page 6 of9
(retroactive to the lease expiration date of March 31, 2007), provided the City provided a four-month
termination notice. The lease could be continued on a month-to-month basis with the rent increasing to
125% of the past rent with a one-month termination notice.
Dawson explained that income net of depreciation for both stores would be positive in 2007. Sales
increases would likely be gradual over time.
Dawson stated that based on the information gathered and prepared, if the City were to exit from the
liquor operations business the City would receive the most value by keeping lmth stores in operation until
they can be sold separately and simultaneously. ,!llillith!!
Mayor Lizee commented that the report from the business valuation!~~AijUJ1ant stated that 50% of liquor
stores sold in 180 days or less, the other 50% took up to 600 days ~~I~bII. illlmlll\.
; ~.!, , ' { i J t t !:<
CounciImember Woodruff stated the budget projection sce\1#I~Sid?~~pared s~~l~~k~,his request made at
the March 26, 2007, work session.inP;' 'Jill!!",
The projection scenarios were then discussed. The f011~ji"g. icomm~i.t.ts.,.and clarificat~i~~Y.illw.lj~~~ made.
lljfl'l\. ;it!!!j, ; r
, ( " ii: i il ~. " I, I , i w t - - , it 8 t t'
Depreciation remaining for the Shorewood lR~4~~ store (Store 2) was approximately
$98,000, and it was approx~~lw~ely $5,400 at the~"lr!~ford Center store (Store 1).
If Store 1 was closed and tfi'IN~l"m~ry was. transfb\ij'ft~lf~ .S~!ore 2, the inventory would
be transferred at the cost of th~I~C)(j)~~I~,!\11e time of the~I~fl'1'g.
The recently terminated emplo~~le haHln~l~~llf9r unempl9wlnent; those benefits would be
paid until that individual found;~lnpk~)j(JTe\\~I~tlllil!~t;'~dhe unemployment benefit period
expired. ..,.'mi!! 'lhi'Ip'\i1IllW
The c~~RirMHIH~J me increase~H~;ignificantlyl~~tween 2007 and 2008 because of the
reduc!milmfone em , ee and the uli~\nployment expense.
Other'In(5Qm~l~xpen lamounts for 20@HjftIid 2008 were the same as 2006 actual.
If the 200i~~Ni~r~!.I;~Rfll1fl~JR~tio~,.~ili not include interest income, there would be a
operl;lh;i~g ss.,i111HlIlilllW
.
.
.
.
.
.
Councilmember
philosophical; the
business sooner rather
., ;; ~. ~. i 1 i .,
thatl~"~,~d on the revised budget projection, the City's liquor operations
iness"!.Itt1~~IJ}tlsiness should be making 5% - 8% without interest income;
busine~~!that did not make a significant profit, and preferred the City to
r than"later.
Council
busin~'
:t'$'~ ,.
and the
be out of th
at his objection to the City being in the liquor operations business was
ot compete with the private sector. He wanted the City to be out of the
Mr. Swandby stated interest the City would earn, based on the average price the City could expect to
receive for the sale of the business, was approximately $26,000. The amount the liquor operations
contributed to the bank account was approximately $60,000.
There was ensuing discussion with regard to the possibility of synchronizing the lease expiration dates
the two and if that would make sound business sense. There was a State law that did not aIIow
same time and opened simultaneously; or one, if not both, would have to be closed. If the stores were
closed before the lease on Store 2 expired, the remaining lease could be paid out of the proceeds or the
CITY OF SHOREWOOD WORK SESSION MEETING
May 14,2007
Page 7 of9
store could be sub-leased to new tenants. Store 2 would have to be put up for sale prior to its lease
expiration.
Mayor Lizee stated that one of the reasons the City entered into the liquor operations business was to
control the point of sale. It would be the best value to sell both stores and sell them at the same time. The
viability of the market should influence the possible sale of the businesses.
It was stated that the City would be selling the goodwill of the business and the inventory. The City also
would have the authority to grant a liquor license to the two new owners; could consider restricting
the issuance of additional liquor licenses for a to-be-determined time
Councilmember Wellens and Councilmember Woodruff
lease for Store 1 (110% with a 4-month termination notice) and
\IIIII,III!\,
Mayor Lizee stated she did not support seIling!}U~mHl.JQr operations
~; .."" i I: ,. 1 "I" l'
City would replace the revenue it received fronilliqticlNQi:l~~l\tions.
'lji ,;illllllllIIILtL;.." \
Councilmember Callies a.ck~oIW~lR~ed :hat liqucitll?,~lt~Mi?ns'~~~II~~H gen~rate a .s~gnificant ~mount of
revenue. She stated she d~~.I~UtHl~l'ijyt It was the ~~propnate. tunt! ~o consider ~Xlt1l1g t?e bus1l1ess. She
then stated because the clslOn reg<<t",ng the futurel~f the City'S liquor operatIOns bus1l1ess was such a
maj?r ?ecision, she \$U. d the GIW re-evaluate t~lr,,!~piC in a year. She also suggested that lease
expiratIOn dates brought mlt,. Jill!" hili'
"'.. .llIllhlIIUHlIlllml!ll!I!lHH'\iPpl
CouncilmeI11RAtlm'M~tmh~ltatedsJl~IWI~s not stlt~\~l/fat the b~st approach to. exiting the busi~ess would be.
She thou/fqV'fhe locationl"~lttore 11Im~~ not an Ideal locatIon. She questIOned why the City should not
give.~mi~e.(\t.o vacate Storelj~w.'!?,.\..w. "'PI,..
I',.ihl'.' .H,""\lH
i' "'~iliJh_ 'H_~-
Mr. swanB~~I!il.l,a..rified that fori
fourth quarter~QfiP08 based 0
profit should bel~4\:tlidered if t
'InUit, '
-'.i'.,.,l:,'.">': .{:i:'l
Council gave directi'6\lIM~iM'~.PSwandbY to research the feasibility of amending the lease for Store 1 to
expire on October 31, 2~~8; and to reduce the rent for that lease period to less than it was in the past.
Council would review hi~\findings at a June 25, 2007, Council work session.
the lease such
ess than the past
C;:,i,ty intended
1"
th stores.
It was noted that the consultant's report contained a list of liquor
a limited number that had been sold in Minnesota.
With regard to the lease at Store 1, Mr. Swandby stated the
that it expired at the same time as the Store 2 lease for
rent. To have a lease in place would be an asset for a
to sell the stores, they should be put up for sale now.
She questioned how the
6. REVISIT 2007-08 GOALS AND PRIORITIES
Administrator Dawson stated that Councilmember Woodruff had requested clarification of what effort
should be made on the following April 2007 - March 2008 goals and priorities: item I 1 - work on a new
and item 16 - research electronic City Council packets. He explained that those items reflect on-going
work of Staff or the commissions.
CITY OF SHOREWOOD WORK SESSION MEETING
May 14,2007
Page 8 of9
Councilmember Callies questioned if it was Councilmember Woodruff's intent to take the items of the
list, and if it was she did not agree with that.
Council member Woodruff stated it was his understanding that efforts would not be expended on those
items. He then stated that from a scheduling perspective those four items would be completed before
higher ranked items.
Councilmember Callies stated some items on the list do not consume the
as other items; therefore, she did not think it was a problem to leave
may not be completed.
amount of staff resources
list even though they
Administrator Dawson explained that the website redesign
database was included in the Planning Commission's 2007
effort; the kiosk was a low cost item and was
reminder to stay abreast of what technology was
time only. The historical
ould be mainly Staff
item was a
Councilmember Callies suggested the goals and
Administrator Dawson stated that the four
Councilmember Woodruff stated the
be working on those activities.
questioned if Staff should
Council member Turgeon
presented with the
redesign of the
the of a kiosk until she had been
She also wanted cost information for the
goals and priorities at previous meetings.
document from Administrator Dawson indicated that some of
future.
was understanding that there would not be an issue with the items
the completion date did not consume resources that should be used to
Administrator
on the goals and
that the probable Council work session calendar to discuss various items
did not include other work sessions.
Councilmember Woodruff requested that Staff provide Council with any significant updates to previous
assumptions relating to the future of City Hall before the June 11,2007, Council work session.
7. OTHER
CITY OF SHOREWOOD WORK SESSION MEETING
May 14, 2007
Page 9 of9
8. ADJOURN
Mayor Lizee adjourned the City Council Work Session Meeting of May 14,2007, at 11:17 P.M.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
PAYABLESAPPROVALS
For OS/29/2007 Council Meeting
Prepared by:
J V tu jp~7J0
Date: J~rJtJ'7
I
Whetston, Temp. Accounting Clerk
Reviewed by: dm~A~_~
Bonnie Burton, Financ
Date:
Date:
Cfnb:!Y/o1
/ '
PAYROLL APPROVALS
For OS/29/2007 Council Meeting
Prepared by: fLdJkll~ {MJ
Michelle T. Nguye , slJ Accounting Clerk
Reviewed by: &~ ~
Bonnie Burton, Finance D' ector
Date:
Date: (lf5~a/o7
Date:
Approved by:
Crai g
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
May 24, 2007
RE:
Appointment of Temporary Position - Seasonal Help Public Works
Annually, the City hires temporary seasonal help to manage mowing, weed whipping and routine
maintenance within the City. This year is no exception.
Applications for the single position have been reviewed. Mr. Adam Kirscht has applied for the
position, and has worked two previous years with the Department of Public Works. Mr. Kirscht has
previously performed well in this position.
Therefore, staff is recommending that Mr. Kirscht be appointed to the position of Temporary Seasonal
Worker for the Department of Public Works. This temporary position will expire at the end of
September 24 2007.
Recommendation
Staff is recommending approval of a motion appointing Mr. Adam Kirscht to the position of
Temporary Seasonal Worker through September 24,2007.
#..
t",J PRINTED ON RECYCLED PAPER
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
Date:
May 25, 2007
To:
Mayor and City Council Members
From:
Bonnie Burton, Finance Director/Treasurer'
Re:
Liquor Staffing Recommendation
cc:
Craig Dawson, City Administrator
The following staffing item is presented for the City Council's review and approval:
Liquor Store Staffing
Liquor Operations Manager Don Swandby recommends the hiring of Ms. Heather Flett
for the position of 'Part-Time Liquor Clerk' at a rate of $8.50 per hour, effective May 24,
2007.
Staff Recommendation
The City Council is requested to approve the staffing recommendation as outlined above.
#..
" . PRINTED ON RECYCLED PAPER
.....
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
DATE:
May 24, 2007
TO:
Mayor and City Council Members
FROM:
Jean Panchyshyn, Deputy Clerk
Bradley J. Nielsen, Planning Director
CC:
Craig W. Dawson, City Administrator
RE:
EXCELSIOR FIREFIGHTERS RELIEF ASSOCIATION FUNDRAISING
EVENT ON FRIDAY, JULY 20, 2007
The Excelsior Firefighters Relief Association (EFRA) has submitted the following documents in
support of its annual fundraising event (dance) at the Fire Station located at 24100 Smithtown
Road on Friday, July 20,2007. The event will take place between the hours of 5:00 P.M. and
Midnight. This will be the 23rd year that the EFRA has held this fundraising event. This will be
the third year this event has been held at the Fire Station at 24100 Smithtown Road. It is the
EFRA's only fundraising event, and has historically been profitable.
1) Temporary 3.2 Percent Malt Liquor License This is a temporary license to serve 3.2
percent malt liquor on the day of the event, July 20, 2007, between the hours of5:00 P.M.
and midnight. Prior to the event, the individuals serving alcohol will be attending an
alcohol training session provided by the South Lake Minnetonka Police Department.
Approval of the license is contingent upon receipt of appropriate Certificate of Liquor
Liability Insurance, which the EFRA is in the process of securing. The EFRA is
requesting the $25 license fee be waived, as in past years (as the City is a member of the
Excelsior Fire District). A resolution is attached for Council consideration.
2) Special Event Permit. The applicant has submitted a Special Event Permit application.
The applicant proposes to provide shuttle service to the site from downtown Excelsior
Lane or Minnetonka Drive. The Special Event permit has been approved by the Zoning
....
#..
'" t PRINTED ON RECYCLED PAPER
.....
Administrator, the EFD Fire Chief, and the SLMPD. As in past years, the EFRA will
coordinate additional law enforcement needs with the SLMPD. A copy of the Special
Event Permit application is attached. Approval of the permit is contingent upon receipt of
the Certificate of Liability Insurance.
Council Action
Approval of the following permits in support of the Excelsior Firefighters Relief Association
annual fundraising dance on July 20, 2007, from 5:00 P.M. to Midnight, at 24100 Smithtown
Road:
1) Adopt a Resolution approving the Temporary 3.2 Percent Malt Liquor License,
contingent upon receipt of the appropriate Certificate of Liquor Liability Insurance and to
waive the $25 license fee (as the City is a member of the Excelsior Fire District);
2) Approval of the Special Event Permit, contingent upon receipt of the Certificate of
Liability Insurance.
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION APPROVING A TEMPORARY 3.2 PERCENT "ON-SALE"
MAL T LIQUOR LICENSE
WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale
of 3.2 percent malt liquor in the City; and
WHEREAS, said Code provides that an applicant shall complete an application, and
shall fulfill certain requirements concerning insurance coverage, and;
WHEREAS, the applicant has satisfactorily completed an application, and has fulfilled
the requirements for the issuance of a temporary license for the "on-sale" of 3.2 percent malt
liquor:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a temporary license for the "on-sale" of 3.2 percent malt liquor be issued to the
Excelsior Fire Fighters Relief Association, for its fundraising event on July 20, 2007 from
5:00 P.M. to Midnight, at 24100 Smithtown Road.
BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the
Temporary 3.2 Percent malt liquor license fee be waived.
ADOPTED by the City Council of the City of Shore wood this 29th day of May, 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
May. 18. 2007 11:44AM
Ma1:l U4 U'/ Ul:I: coa C i t::l Shorewood
No.5147 P. 3
9524740128 p.3
3.2 PERCENT MALT
LIQUOR LICENSE
APPLICATION
5755 Count Club Road · ShQrewood innesota 5533 t. 952 474~3236
Office Use: New: Renewal: (*See Ordinance Section 402.09 fol:' pro ra.ta fees)
Lic~nsc Period: 7...20...() 7 Application Fee*: Receipt # Permit #:
Appliclltion i~ fnl'" ':4? Percent Malt Liquor LOn-sale ($3efJ) Off-Sale ($50)
1,),,5" fee wa..:'lIeu1. ~ -r~MftJru.rrt F.e..e...
Type of Business: ~Individual Owner _Partnership 1Corporationfi' '" I
f ~ ( Gory ~/~o. C
Applicant Name:b r 61 1'('-' /" ;:..., "/ f1J IJ! ~-f 12C/1; c . D~~F1lirth:
(Individual, pnrtnership, Corporation) 0 (lnsllvid\llll) /I
'7;' YCJI ~ /9')~ .
Home Address _'J,t}! fX) S>nl.fh 10fJJn fl&.. HornePhone/9'fJ)760-!67:?
-rtmpor~
CITY OF
SHOREWOOD
,
cLJ nfm.f;
Are you a U.S. Citizen? K Yes _No If No, Country of Citizenship
License Location: ? ;;.f I DO !; ffI /..fh It{ (J..Ih 12. j2
Shofe W~f) t Strftf n f If 33/
c~ Sro~ Zp
(9iJ) J60 -/(;90
Phone
How long has Applicant been in business at license location: 'f k i ..s
"...
~. _J /'.... ~~' ~ / 1 ..~
Owner of Premise: ~-jCc:.('? 6{} r ~r c (;!10 ()
Home Address: ___ 70 _ S' A'I~J ~ fcJ __ : __ Phone:
Manager ofPremise:_ S r ,.eJf1 G e r h c. /
Home Address:
ch /~~
Phone:
Name of Home Office: G.,,~v R'1J11 Ie
Address:_~ 1'l), 7' "r:J. A V ~
City, State & Zip: eA'"C'c./ !/i?J r /h Y1
If Business is a Partnership or Corpotation: (list name, title, home address and telephone number of each
partner or officer. attach separate list, if needed):
Description of Business: (be specific) itl t: ~J () e,p/
May. 18. 2007 11:44AM
Ma~ 04 07 08:26a
Cit~ Shol"'elUood
No.5147 P.4
9524740128 p.4
Has the Applicant, or any associates in this application, ever had an application for a liquor license (intoxi-
cating or noninto~ating) rejected by any municipality or State authority; if SOl give date and details.
_ Yes ' No
Has the Applicant, or any associates of this application, during the past five years, ever had a license under
the Minnesota Liquor Control Act revoked for any vioLation of such laws or local ordinances? If yes, give
date and details.
Yes l No
Has the Applicant7 any associates of this application, or employees while employed by the Applicant, been
convicted of any liquor law violations in this state, or under Federal Laws, during the past five years? If
Yes, give datc(s) and details.
_ Yes -X- No
Reqllired Attachments;
Bond, Insurance or Cash Requirement as noted in Ordinance Section 402.07
I certify that I have read the above questions and that the answers and facts set forth in the foregoing
application are true. and correct of my own knowledge.
~~/
~g ppticant ~
Jwr 'I ~ ()-1
or Date
POLICE REVIEW:
This is to certify that the applicant, and the associates, named herein ha.ve not been convicted within the
past five years for any violation of the Laws of the State of Mltmesota, or City of Shorewood relating to
liquor sales (Attaoh report, if necessary) .
..s~ ~\::X:~
Police Chief or Designee
~~
.....
Date
CITY CLERK:
!....~
City Clerk or Designee
Date
May, 18, 2007 11:45AM
Mal:/ 04 07 nS:2Sa
Cit\::l Shorewood
No.5147 P. 5
9524740128 p.5
CITY OF SHOREWOOD
S7SS Country Club :Road, Sbot"eVt'ood, MN 55331
SUPPLEMENT TO 3.2 PERCENT MALT UQUORLlCENSE APPLICATION
Applicant Name: Excelsior Fire Fighters Relief Associa.tion
Name of Responsible Person &/' -712,~Ja PC;
Address fJI) 3rt). ;1 f/a.- (~/(',) 7JO/ A Y) tf1JJ3)
Phone (C({;)) Lf() l ... F1 {f Ii (16)} lIO! or C J I}
Note: The Responsible person must be present at aU times during the time of event.
Date of Event: -'/- ';)(')--01 Time of Event: from {: 11ft) to I;) :0tJ~,..,...,
Number of people expected in attendance IOeJf) "'" I d O(J' . v
Measures applicant proposes to take to ensure orderly conduct and control of attendees:
SLtn PO ,. 8 fl2A ,/lJ r,." bl'l' 5 f' AY !;-c.G rf!.;Str'(f~. (}ff/O',,-..c
will jGip /J{J)f!J/ g 0)"1 6/.1$1 s)'aJe. d (j~/I~)1J cJog(~
Measures applicant proposes to taket' dean-up the area following cOlldusion of event:
6/~ 1l fJ /J'~ C/fY b r ->
A Permit to serve 3,2 Percent Malt Liquor is subject to the fol1owlni conditions:
1. No glass containers of any kind shall be permitted to be used or brought into the area for
dispersion offood or beverages fot any reason whatsoever.
2. Groups of 25 or more shall disperse non~intoxicating malt beverages from kegs only and shall
provide plastic or paper cups for individual use.
3. No vebicles shall be allowed on the event site. Only those vehicles required for the transport and
dispersins of food and beverages shall be allowed on site.
4. The applicant(s) haslha'Ve provided proof of aggregate liquor liability insurance as indicated in
~402.07 of the Shorewood City Codej and agrees in writing to hold the City of Shore wood
harmless for any personal injury claims resulting from use of the Public Safety Facility grounds.
The Certificate of insurance must show the City of Shorewood as "also insured."
As the representati'\Ye for the above-named ofianization, I hereby agree to hold the City of
Shorewood harmless for any personal injury claims resulting from the use of the Public Safety
F~724100 and 24150 Smithto:" Road, as authorized by this p.rmit.
"7 /" ~. :J -' c.; -- 07
Signa: . Date
City Clerk
May. 18, 200711:43AM
No,5147 p, 1
SOUTH LAKE MINNETONKA POLICE DEPARTMENT
24150 Smithtown Road
Shorewood, Minnesota 55331
Bryan T. Litsey
Chief of Police
Office (952) 474~3261
Fax Line (952) 474-4477
M-E-M-()-R-)l-N-I>-lJ-M
FROM:
Jean Panchyshyn, City of Shorewood
Deputy Chief John Nielinv1
May 18th, 2007
TO:
DATE:
RE:
Excelsior Fire Relief Association Dance - Liquor License
As we determined last year in processing the liquor license application for the
Excelsior Fire District annual dance, it is not practical to background all the
individuals serving alcohol for a one time event.
However, as in previous years they should be required to attend alcohol awareness
training with the South Lake Minnetonka Police Department.
JTN/lt
Serving South Lake Minnetonka Communities of Extelsio'/', Greenwood, Shorewood and Tonka Bay
CITY OF
SHOREWOOD
5755 Country Club Road · Shorewood, Minnesota 55331
(952) 474-3236 Fax: (952) 474-0128
SPECIAL EVENT
PERMIT APPLICATION
(pursuant to City Code, Chapter 505)
(please Print or Type)
Today's Date
!)J 3J(j)
Application Fee: n/a
Receipt # n/a
Event to be Registered: Any person or persons sponsoring a event at which it may reasonably be anticipated that
there will be more than 75 persons in attendance shall, prior thereto, register such event with the City Clerk, giving the
location, date, time, purpose, names of all sponsors, and the number of persons anticipated will be in attendance.
Permit for Additional Events: Within a period of 6 months following such event, no additional event(s), at which
it may reasonably be anticipated that there will be more than 75 persons in attendance, shall be pennitted at the same
location unless the person or persons who propose to sponsor the same shall first have obtained a special permit
therefore approved by the City Council. Application for such pelmit shall be made t~e City Clerk.
Event Location: f; ..r Cv) 5/c) r- f/f f!J IJ I 51 d S 10.--11 ~tte of Event: ~"'- (}fj..-O 7
NumberofPersol1s(antiCi ated) to Attend: ap/J;rOY 103() Time: 5forf f/'Of):;;;fJ.tJtJ./J1i
Purpose- C jib" ? YJ & 6 0 -6l/.e Yl -r
Spol1sor'sName(s) 1lL-!f 6 A 5~ {; tJ GiJ,r 1Z1;'('t!/f,u)
Daytime Phone #: Evening Phone # 95'')'' t./ () I --) y 5 ~
Special Parking or Safe~ Provisions (e.g., traffic control, parking, pedestrian access): .
/~~D 8," tJ e, t; <; f (' (/~ "G- e !to tq {),eu n t iJ WY) b cok; t!J r /I) 't "/u! jJ / (,
__$ CJ~~ ol'/'u_n$e I'rir.r. Is UJ1'fh (-!!0J11 lfll/fy UV1I-tf'r (11[J)
P(}F f:-7.f) 5 on ~:) I) 0 re /;Jootf Un e <>j... 1.::( h() t< d f ;nilce;\. PI',
Enforcement: A police officer may order all persons present in any such group or gathering from which such noise emanates,
other than the owners or tenants of a dwelling unit, to immediately disperse from said event in lieu of being charged
under this Chapter should the continued health, safety, comfort, and repose of the public be in jeopardy, or if the event is
in violation of the provisions of Chamber 501 of the Shorewoocl City Code. Failure to comply with the conditions of the
specmIEV_fumR;s=:m~~e~
Applicant's Signature: ~L Date: 5/,]-67
Allow 5 business days for processing
______________________________________________________- For Office Use Only ---------------------------------------------------
SLMPD~
Zoning
City Administrator:
Date:
OriginaL City oCSbur.wwd, 57S5 Co~ntry Club Ro.d. flwrcwood, MN "331 Clpy 10: South Lake M1nll~IQl1l<. Polk<! Dopattm.nl, F~ Manhol, Aj>pIi"""1
i
05-04-2007 09136 EXCELSIOR FIRE O*STRICT 9529601690
PRGE2
May. 18. 2007 11: 45AM
Ma1:j 04 07 08:27a
Cit1:j Shar@woad
No.5147 P. 6
8524740128 p.S
CITY OF
SPECIAL EVENT
PERMIT APPLICATION
SHOREWOOD (PUl'suant to City Code, Chllp~er 595)
5755 Country Club Road · Shorewoodj Minnesota 55331
(952) 474-3236 Fax: (952) 474-0128
(please Print or Type)
Today's Date
5~3J'UJ
Application Fee: nJa
Receipt # JJia
Event to be Rel;tistered: Any person or persons sponsoring a event at which it may reasonably be allticipated that
there will be more than 15 persons in attendance shall, prior thereto, register such event with the City Clerk, giving the
location, date, time, purpose, names of all sponsors, a.nd the number of persons anticipated will be in attendance.
Permit for Additional EVent8~ Within a period of 6 mon.ths following such event, 110 additional event(s), at which
it may reasonably be anticipated that there will be more than 75 persons in attendance, shall be permitted at the same
location unless the person or persons who propose to sponsor the same shall first have obtained a. special permit
therefore approved by the City Council. Application for such permit shall be made t~e City Clerk.
Event Location: (;;r eJ 5)t9 y? [//'10 f) /5111 Slo--b4teofEvent: "1J.a-6..07
Number of Persons (antici ated) to Attend: Time: 'S{a,.f it 0);; /JOt),( h)
Purpose -<;- )t. 6ve Y7
Sponsor's Name(s) A S's - U 1 GIJ r f(,;', ~fl/)
Daytime Pbone#; 9 ) 1101-> (/JJ ? 'J. -.. t./tJl -- '7 ~
Special Parking or Safety Provisions (e,g., traffic control, parking, pedestrian access): . .
%}~] ~d ~~ ~/~&e ~/ r:~:t{JU/~ b(C/~5 ~f:~tJI/~
0. .ran e L1 :; s . fh IlJm ~ 7/) C tf1/' I'J(~
fJ(;! f:-Tt1!7 01ll .
Enforcement: A police officer may order aU persons rcesent in any such group or gathering from which such noise emanates,
other than the owners or tenants of a dwelling unit; to immediately disperse from said event in lieu of being charged
miller this Chapta shQuld the continued health, ~) comfort, and repose offue public be illjeopardYl QI" ifChe event is
in violation of the provisions ofCham.ber 501 of the Shorewood City Code. Failure to comply with the conditions of tile
Special Events Permit may result in poIi enforcement
Applicant's Signature:
Date: r/\? ~ 7
~ ~
Allow 5 business days for processing
Af. f',,-
Office Use Only -.----7~---~---.--.--~"~---~;;;tl;1- ~ J
M.i..4- c t;JO<;/;-""~ w;f( S ~/'1fJ(> ~r:~- j' 'j e.
1-""......Gf\.,r-br~ ~ .
City Admhtistrator:
bate:
Date:
Date;
Originul: City aCSborawooo. S7SS CQuntT}' club Road. Sborcwood. MN SS:!:! 1 Copy 10: South Lnkt Minn~\onka Poli<:<! Department. Iii!':' M"OfSb~l. Applicant
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us' cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
MEMORANDUM
DATE:
TO:
FROM:
CC:
May 25, 2007
Mayor and City Council Members
Jean Panchyshyn, Deputy Clerk
Craig W. Dawson, City Administrator/Clerk
RE:
LICENSES AND PERMIT APPROVALS
The following license requests have been received at the City and reviewed for completeness.
The Fire Inspector has inspected and approved each site. As all license requirements have been
met, a license has been issued to the Licensees listed. All three listed are renewals.
City of Shorewood - 2007 License Approvals
07-53
07 -54
07-55
Oasis Market
Cub Foods
Holiday Stationstore
24365 Smithtown Rd
23800 State Hwy. 7
19955 State Hwy 7
Shorewood, MN
Shorewood, MN
Shorewood, MN
#..
~ . PRINTED ON RECYCLED PAPER
.....
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
25 May 2007
RE:
Bowman Third Addition (FKA Kawell/Bowman P.U.D.) - Final
Plan
FILE NO.:
405 (06.15)
In January of this year, Mark Kawell received Development Stage Plan approval for a
small residential subdivision 10cated on the east side of Manor Road, across from
Amesbury. The plat includes four lots, one of which is located in Shorewood and is
occupied by the home of Richard Bowman. The three new lots are located in the City of
Deephaven. Shorewood is involved in this project because Manor Road will be used to
access a new private street that loops through the Deephaven portion of the subject
property. Also, the project will be served by Shorewood sewer and water. The
Shorewood portion of the project has been processed as a Planned Unit Development, for
which the developer has received Concept and Development Stage PIan approvals.
The conditions of the Development Stage PIan approval are incorporated into the draft
Development Agreement found in your packet. This agreement is a three-way agreement
between the two cities and Mr. Bowman, who is named as the Developer.
Perhaps the key elements of the Development Agreement are the provisions that make it
clear that the private road is to be owned and maintained by the Homeowner's
Association, and that the City of Shorewood will not take over the road unless it is
right-of-way will be privately owned and maintained. These provisions are found in
paragraphs (05) and (06) at the top of page 3 of the agreement.
Q'j;
" ~ PRINTED ON RECYCLED PAPER
"'~
Memorandum
Re: Bowman Third Addition - Final Plat
25 May 2007
A few other highlights of the agreement include:
. Building permits for Lots 2-4 will be issued by Deephaven
. Local sanitary sewer access charges will be paid to Shorewood
. Park dedication fees will go to Deephaven
. Water connection charges will be paid to Shorewood, subject to reduction by the
developer's cost in constructing the public water main.
. The agreement anticipates the vacation of Bowman Court in favor of the private
road. A public hearing to consider the vacation has been scheduled for 11 June.
. The developer's protective covenants needs to include Shorewood and Deephaven
as signatories, and the developer must provide an easement over the private road
to the property at 20005 Manor Road (in Deephaven).
It is recommended that the resolution approving the plat and the development agreement
subject to agreement by the City of Deephaven and review and approval ofthe legal
documents by the City Attorney. Deephaven's Council takes this item up on 4 June.
Cc: Craig Dawson
Tim Keane
James Landini
Larry Brown
Bonnie Burton
Gus Karpas
Mark Kawell
-2-
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
R BOWMAN THIRD ADDITION
WHEREAS, the final plat of R Bowman Third Addition has been submitted in the
manner required for the platting of land under the Shorewood City Code and under Chapter 462
of Minnesota Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City
of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The plat of R Bowman Third Addition is hereby approved.
2. The approval is specifically conditioned upon the terms and conditions contained
in the Development Agreement between the Developer, the City of Shorewood and the City of
Deephaven, attached hereto as Attachment I, and made a part hereof.
3. The Mayor and City Clerk are hereby authorized to execute the Certificate of
Approval for the plat and the said Development Agreement on behalf of the City Council.
4. This final plat shall be filed and recorded within (thirty) 30 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by
the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statutes and the Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 29th
day of May, 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
R BOWMAN THIRD ADDITION
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this day of ,2001, by and between
the CITY OF SHOREWOOD, hereinafter refened to as "Shorewood", the City of Dcephaven,
hereinafter referred to as "Deephaven", each a Minnesota municipal corporation, and Richard A.
Bowman, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described as:
"Outlot A, R BOWMAN SECON"D ADDITION and Tract A, REGISTERED LAND
SURVEY NO. 1742 and All that part of Bowman Court as dedicated on the plat of
BOWMAN SECOND ADDITION (now vacated)";
which lands are hereinafter referred to as the "Subject Property"; and
WHEREAS, the Subject Property is located partially within the City of Shorewood and
partially within the City of Deephaven; and
WHEREAS, the Developer proposes to develop the Subject Property by means of a
Planned Unit Development ("P .U.D.") consisting of four single-family residential lots; and
WHEREAS, the Developer made application in Shorewood for a conditional use permit
for a Planned Unit Development (P.U.D.) with the Zoning Administrator and submitted a
Concept Plan, which was considered by the Shorewood Planning Commission at a public hearing
held on 3 October 2007, the minutes of which meeting are on file at the Shorewood City Offices;
and
WHEREAS upon recommendation of the Planning Commission, the City Council did
consider and approve the Concept Plan at its regular meeting held on 23 October 2007 and
adopted Resolution No. 06-093, a copy of which is on file at the Shorewood City Offices; and
WHEREAS, the Developer submitted a Development Stage Plan, which was considered
by the Planning Commission at its regular meeting on 5 December 2006, the minutes of which
meeting are on file at the Shorewood City Offices; and
WHEREAS upon recommendation of the Planning Commission, the City Council did
consider and approve the Development Stage Plan at its regular meeting held on 8 January 2007
and adopted Resolution No. 07-003, a copy of which is on file at the Shorewood City Offices;
WHEREAS, the Developer has filed with the City the Final Plat for "R Bowman Third
Addition", a copy of which plat is attached hereto and made a part hereof as Exhibit A; and
1
Attachment li
WHEREAS, the Shorewood City Council, by its Resolution No. 07-_, adopted 29
May 2007, and the Deephaven City Council, by its Resolution No. , adopted 4 June 2007
have approved the final plat of the Subject Property subject to conditions;
NOW, THEREFORE, in consideration of the foregoing premises and acceptance by
Shorewood and Deephaven of the final plat ofR Bowman Third Addition, Shorewood,
Deephaven and the Developer agree as follows:
1) Conditions of Approval - The Developer shall comply with the conditions of
approval as set forth in Shorewood Resolution No. 07-003, dated 8 January 2007 and Deephaven
Resolution No. , dated . In addition, development of the
Shorewood portion of the P.D.D. is subject to the requirements of the R-IA, Single-Family
Residential zoning district, except as modified herein.
(01) The Developer shall grant to the City of Shorewood a conservation easement,
acceptable in form to Shorewood, over the wetland area located on Lots 1 and 4. The
conservation easement shall be recorded contemporaneously with the final plat.
(02) Individual building sites, including private driveways, are to be custom graded to
preserve the maximum number of trees on each site, and shall conform with the grading
pIan, dated 25 January 2007 , prepared by Terra Engineering, Inc. Each
building site must have an individual grading plan separately approved by the Deephaven
City Engineer prior to a building permit being issued.
(03) Building permits for Lot 1 shall be issued by Shorewood.
(04) Building permits for Lots 2, 3, and 4 shall be issued by Deephaven. Prior to
building permit issuance for each residential structure on each parcel of property, a
Certificate of Survey for such parcel shall be submitted for review by the City Planner
and City Engineer. The Certificate of Survey shall include certification by the Developer
that construction of the residence is consistent with this Agreement and all exhibits
attached hereto, and shall further contain the following information:
a) Topography with two-foot contour intervals for existing and proposed
grades.
b) Location of structures with finished floor elevations.
c) Retaining walls, type, height and type of details.
d) Location of sewer, water, gas and electric lines.
e) Method of erosion control.
f) Detailed grading plans.
g) No construction or grading within areas of steep slope prone to erosion.
2
(05) The City of Shorewood shall provide access to its municipal water system and
sanitary sewer system. All public utility lines within the public right-of-way shall
be owned and maintained by the City of Shorewood. It is understood that all
utility lines outside of the public right-of-way shall be owned and maintained by
the owners of the lots within the Subject Property and that such lines shall not be
taken over by the City of Shorewood.
(06) The street serving the lots in the Subject Property shall be a private street and shall
be owned and maintained by the Homeowner's Association for the Subj ect
Property. The City of Shorewood will not take over the ownership and
maintenance ofthe private road until such time as the street is brought up to
Shorewood public street standards, including right-of-way width, pavement width
and pavement construction.
2.) Improvements Installed by Developer - Developer agrees at its expense to
construct, install and perform all work and furnish all materials and equipment in connection
with the installation of the following improvements:
(01) All site grading including building pad correction where needed;
(02) Private street grading, stabilizing and bituminous surfacing;
(03) Private sanitary sewer;
(04) Private storm sewer and surface water drainage facilities;
(05) Municipal water main and private service connections;
consistent with the plans and specifications prepared by Terra Engineering, Inc., dated ~
December 2007 , and received and approved by the Shorewood and Deephaven City
Engineers. Landscaping and reforestation shall be consistent with the plans and specification
prepared by Kathe Flynn Landscape Architecture. dated 23 February 2007 22 September
2003, and received and approved by the City Planner.
It is understood that underground utility lines, including gas, electric, telephone, and television
cable shall be installed by the respective private utility companies pursuant to separate
agreements with the Developer.
It is understood that the improvements installed by the Developer do not include street lighting.
Plans for street lighting shall require separate review and approval by the Shorewood City
Council prior to installation.
City Clerk the final plat titled R Bowman Third the development of the Subject
Property. Said plat is attached hereto and made a part hereof as Exhibit A. Said final plat,
3
together with the grading, drainage, and utility plans, referenced in paragraph 2 above, this
Development Agreement, the Declaration of Covenants, Conditions & Restrictions - attached
hereto as Exhibit B, the Grant of Permanent Easement for Conservation Purposes - attached
hereto as Exhibit C, the Driveway Easement Declaration - attached hereto as Exhibit D, and the
Utility Easement Declaration - attached hereto as Exhibit E, is herewith adopted and approved by
Shorewood and Deephaven as the Developer's final plan for development of the property.
4.) Pre-construction Meeting - Prior to the commencement of construction, Developer
or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall.
Such meeting shall be coordinated with the Shorewood and Deephaven City Engineers and shall
include all appropriate parties specified by the City Engineers.
5.) Standards of Construction - Developer agrees that all of the improvements set
forth in paragraph 2 above, shall equal or exceed Shorewood and Deephaven standards, shall be
constructed and installed in accordance with engineering plans and specifications approved by
the City Engineers and the requirements of applicable City ordinances and standards, and that all
of said work shall be subject to final inspection and approval by the City Engineers.
6.) Materials and Labor - All of the materials to be employed in the making of said
improvements and all ofthe work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed Shorewood and Deephaven standards and
specifications, and shall be subject to inspection and approval of Shorewood and Deephaven. In
case any materials or labor supplied shall be rejected by Shorewood or Deephaven as defective or
unsuitable, then such rejected materials shall be removed and replaced with approved materials,
and rejected labor shall be done anew to the satisfaction and approval of Shorewood and
Deephaven at the cost and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the form of
a bar chart indicating the proposed progress schedule and order of completion of work covered
by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be
performed to be completed by 1 November 2007, except for the final lift of bituminous for the
private road, which shall be completed by 1 August 2008. Upon receipt of written notice from
the Developer of the existence of causes over which the Developer has no control, which will
delay the completion of the work, Shorewood and Deephaven, at their discretion, may extend the
dates specified for completion.
8.) As-Built Plan - Within sixty (60) days after the completion of construction of the
Improvements, Developer shall cause its engineer to prepare and file with Shorewood and
Deephaven a full set of "as-built" plans, including a mylar original and two (2) black line prints,
showing the installation of the Improvements within the plat. Failure to file said "as-built" plans
within said sixty (60) day period shall suspend the issuance of building permits and certificates of
occupancy for any further construction within the plat.
property owners necessary to the installation ofthe sanitary sewer, storm sewer, and surface
4
water drainage facilities within the plat, and thereafter promptly assign said easements to
Shorewood and Deephaven.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
11.) Staking, Surveying and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described improvements. In
order to ensure that the completed improvements conform to the approved plans and
specifications, the City will provide for resident inspection as determined necessary by the
Shorewood and Deephaven City Engineers.
12.) Grading, Drainage, and Erosion Control- Developer, at its expense, shall provide
grading, drainage and erosion control plfu"1.s to be reviewed and approved by the Shorewood and
Deephaven City Engineers. Said plans shall provide for temporary dams, earthwork or such
other devices and practices, including seeding of graded areas, as necessary, to prevent the
washing, flooding, sedimentation and erosion of lands and streets within and outside the plat
during all phases of construction. Developer shall keep all streets within, and adjacent to, the
plat free of all dirt and debris resulting from construction therein by the Developer, its agents or
aSSignees.
13.) Street Signs - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on
Uniform Traffic Control Devices, as directed by the Shorewood City Engineer.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the
improvements are accepted by Shorewood and Deephaven.
15.) Final Grading and Drainage Plan - Prior to the release of a building permit for
Lots 2-4, the Developer shall submit and obtain the Deephaven City Engineer's written approval
of a final grading and drainage for the lot.
16.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the Shorewood and Deephaven City Engineers,
the contractor, and the Developer's engineer will make a final inspection of the work. When the
City Engineers are satisfied that all work is completed in accordance with the approved plans and
specifications, and the Developer's engineer has submitted a written statement attesting to same,
the City Engineer shall recommend that the improvements be accepted by Shorewood and
Deephaven.
Conveyance of Improvements - Upon completion of the installation by Developer
set forth in 2
encumbrances and with warranty of title, which shall include copies of all lien waivers. Should
the Developer fail to so convey said water main, the same shall become the property of
5
Shorewood without further notice or action on the part of either party hereto, other than
acceptance by Shorewood.
18.) Rep lacement - All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by Shorewood and Deephaven to be defective
within one year after acceptance by Shorewood and Deephaven, shall be replaced by Developer
at Developer's sole expense. Within a period of thirty (30) days prior to the expiration ofthe said
one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within
the plat and provide Shorewood and Deephaven with a VHS videotape thereof.
19.) Restoration of Streets, Public Facilities and Private Properties - The Developer
shall restore all City streets and other public facilities and any private properties disturbed or
damaged as a result of Developer's construction activities, including sod with necessary black
dirt, bituminous replacement, curb replacement, and all other items disturbed during
construction.
20.) Reimbursement of Costs - The Developer shall reimburse the Shorewood and
Deephaven for all costs, including reasonable engineering, legal, planning and administrative
expenses incurred by Shorewood and Deephaven in connection with all matters relating to the
administration and enforcement ofthe within Agreement and the performance thereof by the
Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of
mailing of the Citys' notice of costs to the address set forth in paragraph 28 below.
21.) Claims for Work - The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement,
for which reimbursement is expected from Shorewood or Deephaven, unless such work is first
ordered in writing by the City Engineers as provided in the specifications. Any such work or
materials which may be done or furnished by the contractor without such written order first being
obtained shall be at its own risk, cost and expense.
22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the Shorewood and Deephaven that the improvements to be
constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be
constructed, installed and furnished according to the terms of this Agreement, and to ensure that
the Developer submit to Shorewood and Deephaven as-built plans as required in paragraph 8 and
that the Developer pay all claims for work done and materials and supplies furnished for the
performance of this Agreement, the Developer agrees to furnish to Shorewood either a cash
deposit or an irrevocable letter of credit approved by Shorewood in an amount equal to 150% of
the total cost of said Improvements estimated by the Developer's engineer and approved by the
Shorewood City Engineer. Said deposit or letter of credit shall remain in effect for a period of
one year following the completion of the required improvements. The deposit or letter of credit
may be reduced in amount at the discretion of Shorewood upon approval by its City Engineer of
shall the or letter of credit be
an
as the Improvements have been approved by Shorewood and Deephaven, such deposit or letter of
credit may be replaced by a maintenance bond.
6
23.) Insurance - The Developer shall take out and maintain during the life of this
agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work or the work
of their subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of$2,000,000.00.
Shorewood and Deephaven shall be named as additional insured on said policy and the
Developer shall file a copy of the insurance coverage with Shorewood and Deephaven.
Prior to commencement of construction of the Improvements described in paragraph 2 above, the
Developer shall file with the City a certificate of such insurance as will protect the Developer, his
contractors and subcontractors from claims arising under the workers' compensation laws of the
State of Minnesota.
24.) Laws, Ordinances, Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject
Property and shall secure all permits that may be required by Shorewood, Deephaven, the State
of Minnesota, the Minnehaha Creek Watershed District, and Metropolitan Council
Environmental Services before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release
of the final plat by Shorewood, make a cash payment to Shorewood in the sum of $3600 ($1200
for each lot) as local sanitary sewer access charges. Credit has been given for Lot 1, with the
existing house on it.
26.) Contribution in Lieu of Park Land Dedication - In lieu of dedication of any land
to Deephaven for park purposes, Developer hereby agrees to contribute to Deephaven the amount
of $ in cash, which amount is based upon fair market value ofthe buildable land
included in the plat, and payment of which contribution is provided for under Minnesota Statutes,
Section , subd. _ and Section 1200.l0(4)(b) of the Deephaven Code.
27.) Municipal Water Connection Charges - Developer shall, prior to release of the
final plat by Shorewood, make a cash payment to Shorewood in the sum of $40,000 ($4000 for
each lot) as municipal water connection charges. The Developer has agreed to extend municipal
water service to the project. Pursuant to Chapter 903 ofthe Shorewood City Code, the developer
shall pay for the cost of installing water to the project or the required connection charges,
whichever is greater. Upon receipt of invoices for the cost of municipal water main and
appurtenances and verification of said costs by the Shorewood City Engineer, the Developer shall
be reimbursed for said costs. In no case shall the reimbursement exceed $40,000.
28.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
with address as indicated below. Shorewood, Deephaven and
addresses to which notices, certificates or other communications to them shall be sent when
required as contemplated by this Agreement. Unless otherwise provided by the respective
7
parties, all notices, certificates and communications to each of them shall be addressed as
follows:
To Shorewood:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
With a Copy to:
Shorewood City Attorney
C/o Leonard Street & Dienard
150 South 5th St., Suite 2300
Minneapolis, Minnesota 55402
To Deephaven:
City of Deephaven
20225 Cottagewood Road
Deephaven, MN 55331
To the Developer:
Richard A. Bowman
20025 Manor Road
Shorewood, MN 55344
29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to Shorewood and Deephaven guaranteeing that Developer is the fee
owner or has a legal right to become fee owner of the Subject Property upon exercise of certain
rights and to enter upon the same for the purpose of developing the property. Developer agrees
that in the event Developer's ownership in the property should change in any fashion, except for
the normal process of marketing lots, prior to the completion ofthe project and the fulfillment of
the requirements of this Agreement, Developer shall forthwith notify Shorewood and Deephaven
of such change in ownership. Developer further agrees that all dedicated streets and utility
easements provided to Shorewood and Deephaven shall be free and clear of all liens and
encumbrances.
30.) Indemnification - The Developer shall hold Shorewood and Deephaven harmless
from and indemnify Shorewood and Deephaven against any and all liability, damage, loss, and
expenses, including but not limited to reasonable attorneys' fees, arising from or out ofthe
Developer's performance and observance of any obligations, agreements, or covenants under this
Agreement. It is further understood and agreed that Shorewood and Deephaven, their City
Councils, and the agents and employees of Shorewood and Deephaven shall not be personally
liable or responsible in any manner to the Developer, the Developer's contractors or
subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for
any debt, claim, demand, damages, actions or causes of action of any kind or character arising out
of or by reason of the execution of this Agreement or the performance and completion of the
31.) Declaration of Covenants, Conditions and Restrictions - Developer shall provide a
copy ofthe Declaration of Covenants, Conditions and Restrictions, which Declaration shall
8
include Shorewood and Deephaven as a signatories thereto, for review and approval by
Shorewood and Deephaven prior to recording.
32.) Remedies Upon Default-
(01) Assessments. In the event the Developer shall default in the performance of any
of the covenants and agreements herein contained and such default shall not have been
cured within thirty (30) days after receipt by the Developer of written notice thereof,
Shorewood and Deephaven may cause any of the improvements described in paragraph 2
above to be constructed and installed or may take action to cure such other default and
may cause the entire cost thereof, including all reasonable engineering, legal and
administrative expense incurred by Shorewood and Deephaven to be recovered as a
special assessment under Minnesota Statutes Chapter 429, in which case the Developer
agrees to pay the entire amount of such assessment within thirty (30) days after its
adoption. Developer further agrees that in the event of its failure to pay in full any such
special assessment within the time prescribed herein, Shorewood and Deephaven shall
have a specific lien on all of Developer's real property within the Subject Property for any
amount so unpaid, and Shorewood and Deephaven shall have the right to foreclose said
lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the
State of Minnesota. In the event of an emergency, as determined by the Shorewood and
Deephaven City Engineers, the notice requirements to the Developer prescribed by
Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the
Developer shall reimburse Shorewood and Deephaven for any expense incurred by the
City in remedying the conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, Shorewood and Deephaven
may also institute legal action against the Developer or utilize any cash deposit made or
letter of credit delivered hereunder, to collect, pay, or reimburse Shorewood and
Deephaven for:
(a) The cost of completing the construction of the improvements described in
paragraph 2 above.
(b) The cost of curing any other default by the Developer in the performance
of any ofthe covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by Shorewood and Deephaven in enforcing and administering this
Agreement.
(03) Legal Proceedings. In addition to the foregoing, Shorewood or Deephaven may
institute any proper action or proceeding at law or at equity to abate violations ofthis
use or of the dwellings.
9
33.) Headings - Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
34.) Severability - In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
35.) Execution of Counterparts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
36.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
37.) Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
10
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVELOPER
CITY OF SHOREWOOD
Richard A. Bowman
By:
Its: Mayor
By:
ATTEST:
City Administrator/Clerk
CITY OF DEEPHA YEN
By:
Its: Mayor
ATTEST:
City Administrator
11
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 200_, before me, a Notary Public within and
for said County, personally appeared Christine Lizee and Craig W. Dawson to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of Shorewood, and that this instrument was signed and sealed on behalf of
said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 200_, before me, a Notary Public within and
for said County, personally appeared Paul Skrede and Dana Young to me personally known,
who, being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator of Deephaven, and that this instrument was signed and sealed on behalf of said
corporation by authority of its City Council, and said Mayor and City Administrator
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of ,200_, before me, within and for said County,
personally appeared Richard A. Bowman, the Developer, described in and who executed the
foregoing instrument and acknowledged that it executed the same as its free act and deed.
12
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Leonard Street & Dienard
150 South 5th Street, Suite 2300
Milmeapolis, Minnesota 55402
(TJK)
13
(insert final plat)
Exhibit A
14
(insert covenants)
Exhibit B
15
(insert cons. esmt)
Exhibit C
16
(insert driveway esmt)
Exhibit D
17
(insert utility esmt)
Exhibit E
18
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Works
Brad Nielsen, Planning Director
FROM:
J ames Landini, City Engineer
DATE:
May 25, 2007
RE:
Bowman Addition / P.U.D.
Staff reviewed Construction Plans / P.U.D. Final Plans for the Bowman Addition / P.U.D. dated
December 21,2006 (revised Apri123, 2007) prepared by Terra Engineering, Inc. Based on this review,
we have a list of comments that the Plat can be approved contingent upon.
Recommendation
Staff recommends the P.U.D. Final Plans be approved subject to the following conditions.
Grading, Drainage & Erosion Control Plan (Sheet 3 of 8)
1. Provide a rock construction entrance for new driveway location.
Private Drive and Utility PIan and Profile (Sheet 4 of 8)
1. All watermain turns use two 45 degree fittings instead of a 90 degree fitting on the public
watermain.
2. Maintain 10' horizontal separation between public water main road crossing and proposed
retaining wall "A".
3. Relocate private hydrant straight across road and realign lot 3 service.
4. Provide hydrant assembly and gate valve on end of public watermain.
5. All public utilities will be tested to City of Shorewood specifications.
#..
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.....
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us' cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
DATE:
May 24, 2007
RE:
Authorization to Enter Into a Contract with Safe Assure Consultants
The Occupational Safety and Health Association (OSHA) mandates safety training for illlemployees.
Each year employees must be certified in the following items.
. Employee Right to Know
. Blood Borne Pathogens
. Emergency Action Plan
Beyond this training, Public Works Personnel also to be certified annually in the following areas:
. AW AIR
. Confined Space Entry/Rescue
. Personal Protective Equipment
. Trench Safety
. Forklift/Skidsteer Certification
. Equipment Lockout/Tagout
. Hearing Conservation
. Respirators
. Chainsaw Operations
. Defensive Driving
Safe Assure Inc. has provided these services as a joint project with 11 other lake area communities.
The ability to train with other municipalities provides the opportunity to train at a cost of
approximately one tenth the cost of other programs.
Safe Assure also provides an automated Material Data Safety Sheet program. OSHA mandates that
every material that an employee comes in contact with must have a Material Data Safety Sheet
(MSDS) that outlines health risks, protective equipment to be utilized, and chemical reaction data.
Attachment 1 is a of an MSDS sheet. This mandate, not to chemicals, but to
product that is received is an ominous task, at best.
#..
f . PRINTED ON RECYCLED PAPER
....
Mayor and City Council
Proposal Safe Assure Consultants
May 24, 2007
Page 2 of2
Safe Assure's proposal includes preparation and ongoing maintenance of an MSDS database. Safe
Assure will not only keep MSDS files current, but will also provide consultation to anyemployee(s)
about material data, protective equipment and health risks, and will respond to emergency inquiries.
Staff is recommending approval of this option.
Also included with the services is an annual on site simulated OSHA inspection for Public Works and
City Hall. Mr. Chad Petersen of Safe Assure performs these on site inspections. Mr. Petersen has
previously been employed with OSHA.
Recommendation
Staff is recommending approval of the proposal provided by Safe Assure Consultants for safety
services in the amount of $2,593.00.
SafeAssure Consultants Inc.
513 5th St. SW
po Box 281
Willmar, MN 56201
BILL TO
I
---1
I
City of Shorewood
5755 Country Club Road
Shorewood MN 55331
L--
I
,
I
_~.".._.-----J
Invoice
r._~~ATE I INVOICE # __I
I 5/1 0/2007 8.
. .. -~
L.
IP.O. NO. i TERMS
--I
. Due on signing
I
I
I
I QUANTITY
DESCRIPTION
Safety Training, Annual
Thank you for you!' ;
I
I
RATE
2,593.00
Total
_____l~..
PROJECT ~
I
.-1
AMOUNT I
2~
$2,593.00
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
DATE:
May 21,2007
TO:
Mayor and Council Members
FROM:
Jean Panchyshyn, Deputy Clerk
Craig W. Dawson, City Administrator/Clerk
RE:
CITY CODE BOOK SUPPLEMENT S-2
On November 22, 2004, Council adopted Ordinance No. 409, which approved the Municipal
Code Book recodification provided by American Legal Publishing and the League of Minnesota
Cities. With this recodification, the Code Book was current through Ordinance No. 401 passed
on February 23, 2004.
The first supplement to the Code Book included Ordinance No.'s 402 - 421. This first
supplement to the Code Book was adopted by Ordinance No. 428 on August 14,2006.
We have now received the second supplement (S-2) to the Code Book, which includes
Ordinance No.'s 422 - 433. American Legal Publishing has provided the replacement pages to
the City Code Book for this second supplement. The edits have been reviewed by staff, and have
been found to be accurate. The attached Exhibit A provides an outline of the sections/pages of
the Code Book that have been updated with this second supplement.
The attached Ordinance accepts the replacement pages, which includes all of the ordinances
approved during 2006 and early 2007 (Ordinance No's 422-433), for the City Code Book.
The Code Book is also available on the City's web site in a searchable format, by a link to
American Legal Publishing Corporation.
Council Action
Adoption of an Ordinance to enact and adopt the 2007 S-2 Supplement to the Shorewood City
Adoption of a Resolution approving a summary publication of said Ordinance.
#..
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.....
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE ENACTING AND ADOPTING THE 2007 S-2 SUPPLEMENT TO THE
CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA
WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the
second Supplement to the Code of Ordinances of the City of Shorewood, which
supplement contains all ordinances up through and including Ordinance No. 433 of a
general and permanent nature enacted since the prior supplement of the Code of
Ordinances of the City of Shorewood; and
WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as
outlined in the attached Exhibit A;
NOW THEREFORE the City Council of the City of Shore wood, Minnesota, ordains:
Section 1. That the second supplement to the Code of Ordinances of the City of Shorewood as
submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby
accepted.
Section 2. This ordinance adopting the 2007 S-2 Supplement to the Code of Ordinances shall
take effect upon publication in the City's official newspaper.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota, this 29th day of
May, 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
REMOVE OLD PAGES
Title page
3,4
603-3, 603-4
703-1,703-2
SHOREWOOD, MINNESOTA
Instruction Sheet
2007 S-2 Supplement
ADOPTING ORDINANCE
T ABLE OF CONTENTS
TITLE 600: POLICE REGULATIONS
TITLE 700: ANIMAL REGULATIONS
INSERT NEW PAGES
Title page
3,4
3,4
603-3, 603-4
703-1, 703-2
TITLE 1000: BUILDING REGULATIONS
1000-1, 1000-2
1000-1, 1000-2
1005-1 through 1005-4
TITLE 1200: ZONING AND SUBDIVISION REGULATIONS
1201-1, 1201-2
1201-7, 1201-8
1201-17, 1201-18
1201-21, 1201-22
1201-41, 1204-42
1201-63, 1201-64
1201-67, 1201-68
1201-73, 1201-74
1201-85, 1201-86
1201-99 through 1201-102
1201-121 through 1201-136B
1301-5 through 1301-10
1201-1, 1201-2
1201-7 through 1201-8B
1201-17, 1201-18
1201-21, 1201-22
1201-41, 1201-42
1201-63, 1201-64
1201-67,1201-68
1201-73 through 1201-74B
1201-85, 1201-86
1201-99 through 1201-102
1201-121 through 1201-136D
1301-5 through 1301-10
2
Sborewood - Instruction Sheet
REMOVE OLD PAGES
PARALLEL REFERENCES
19 through 26
INDEX
5,6
13,14
21,22
csk03/07
INSERT NEW PAGES
19 through 28
5,6
13,14
21, 22
REMOVE OLD PAGES
SHOREWOOD, MINNESOTA
Instruction Sheet
2007 S-2 Replacement Pages
INSERT NEW PAGES
TITLE 1200: . ZONING AND SUBDIVISION REGULATIONS
1201-1, 1201-2
1201-7, 1201-8
1201-27, 1201-28
1201-67, 1201-68
1201-85 through 1201-88
1201-99, 1201-100
1201-136A,1201-136B
1201-139, 1201-140
1301-9, 1301-10
25 through 28
21,22
csk 5/07
TITLE 1300: MUNICIPAL FEES
PARALLEL REFERENCES
INDEX
1201-1, 1201-2
1201-7, 1201-8
1201-27 through 1201-28B
1201-67, 1201-68
1201-85 through 1201-88
1201-99, 1201-100
1201-136A, 1201-136B
1201-139, 1201-140
1301-9, 1301-10
25 through 28
21,22
CITY OF SHOREWOOD
RESOLUTION NO. 07-
OFFICIAL SUMMARY OF ORDINANCE NO.
The following is the official summary of Ordinance No.
Council of the City of Shore wood, Minnesota, on 29 May 2007:
approved by the City
An Ordinance Enacting and Adopting the 2007 S-2 Supplement to the Code of
Ordinances for the City of Shorewood, Minnesota which contains all ordinances enacted
since the 2006 S-1 Supplement, including Ordinance No.'s 422 - 433.
A printed copy of the Ordinance is available for inspection by any person at the Office ofthe
City Clerk.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota, this 29th day of
May, 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.ci.shorewood.mn.us' cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
James Landini, City Engineer
FROM:
Larry Brown, Director of Public Works
DATE:
May 24, 2007
RE:
Authorize the Expenditure of Funds for Cleaning the SE Area Water Tower
During past Capital Improvements Program discussions in 2006, the City Council opted to delay the
rehabilitation of the SE Area Water Tower located at 5500 Old Market Road until 2008 or 2009.
Determination of exactly when the tower project will be completed will be determined in 2007 and
2008 CIP discussions.
Having stated that, the SE Area Water Tower is in need of some routine maintenance and washing.
Staff has solicited quotes from vendors for this work. The table below represents the quotes
received.
Firm Amount of Base Bid
TMI Coatings, Inc. $8,700.00
Water Tower Clean & Coat, Inc. $3,900.00
Table 1
Note: Base Bid includes power washing of exterior only.
noted that the substantial
current workload between the two firms, and the fact that Water Tower Clean Coat is utilizing a robotic
system, versus a crew repelling off the top of the water tower.
#..
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....
:ir3~
Mayor and City Council
Authorize Expenditure SE Area Water Tower
May 25, 2007
Page 2 of2
The bid from Water Tower Clean Coat also provides an option for coating and touch up of the base of
the tower, up to 20 feet in height for an additional $800.00. Staff is recommending that this work be
performed, in addition to the base bid amount, as the bottom area of the tower has sustained much
deterioration of the paint surface and minor graffiti. It is noted that a large portion of the $800.00
proposed is due to the specialized epoxy paints that must be used for water facilities.
Recommendation
Staff is recommending award of the contract to Water Tower Clean Coat for a total of $4,700.00 from
the Municipal Water Fund.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SH~REWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cl.shorewood.mn.us' cityhall@ci.shorewood.mn.us
Celebrating 50 Years' 1956 - 2006
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator
May 24, 2007
South Lake - Excelsior Chamber of Commerce, Request for Funding -
Lake Minnetonka Fourth of July Celebration Activities
ReQuest: Dick Osgood, as Committee Chair of the 4th of July Committee of the South Lake-
Excelsior Chamber of Commerce, will give an overview of the activities planned for this year's Lake
Minnetonka Fourth of July Celebration.
Again this year, the Chamber is hopeful that all five of the South Lake Minnetonka cities will provide
funds for the event. To date,
. The City of Excelsior has included $1,800 in its 2007 budget and will forward that amount
when the Chamber submits an invoice.
. The City of Greenwood has authorized $1,200 for the event this year.
. The cities of Deephaven and Tonka Bay have not yet acted on whether and how much
funding to put toward the event.
Le2al ReQuirement: The City may provide funds for specific programs (e.g., the Lake Minnetonka
Fourth of July Celebration), or specific activities (e.g., security costs) to such an organization as the
Chamber. State law does not permit the City to make an undesignated contribution to the Chamber
(e.g., for general operations ofthe organization).
City Bud2et: The City's 2007 Budget includes $2,200 for the Excelsior Area Chamber of
Commerce's Fourth of July event. The City has been supportive of this event as one that is a
community-building activity.
Again this year, the Chamber has designated several levels of funding for sponsorship status. The
ones closest to the City's budgeted amount are the Bronze ($2,000) and Silver ($2,500) sponsorship
levels. The benefits of this level of sponsorship are listed on page 6 of the explanatory packet
(attached).
The City Council should determine the amount of funding (if any) it wishes to authorize to the
South Lake _ Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July Celebration.
#..
'..J PRINTED ON RECYCLED PAPER
+t- !Jt+
e Innetonka 4th of July
Sponsorship Opportuniti
UM-PLUS SPONSOR
Reserved for a sin le cor orate s onsor who wi
The JVlinnesota Orchestra Concert. Platinum PI
introduced to ensure the continuation of the fine
Celebration in Minnesota. While the 4th of Jul
Excelsior Co for well over 110 years,
be an nt in 2000. The hour
, has become as pop the fireworks themselves,
of the Lake Minnetonka 4111 of July tradition.
ular sponsorship with top billing on all public'
advertising starting May 15, 2007.
II!l Chamber website: a feature
company as Plati
III 4th of July
Excel .
o
o
o
o
PLATINUM SPONSOR $4,000
. Industry Exclusivity limited to.6. non-competing
comparues.
. High visibility and association with one of the most
patriotic and culturally polished 4th of July events in
Minnesota.
. Name on PLATINUM SPONSORS BANNER on the
MN Orchestra trailer near Main Stage in Excelsior
Commons.
. Secondary billing to Platinum Plus on the official Lake
Minnetonka 4th of July program distributed in/ around Lake
Minnetonka and western suburbs. (Circ.:25,000).
. Your company name prominently displayed on a Courtesy
Golf Cart driven all day at the event.
. Mention in all Chamber-controlled publicity beginning
May 15, 2007.
. Prominent display on Chamber's website advertising Lake
Minnetonka 4th of July Celebration, inc~uding logo, May 15-
August 31, 2007. .
. Booth display space, if requested, for your products. You
must supply your own tent.
. Acknowledgement onstage prior to the start of the
Minnesota Orchestra concert.
. Reserved parking (4 spaces) and seating, if requested, at the
4th of July evening concerti fireworks show.
. Name on banner on MN
Orchestra Trailer in Excelsior Commons, 3-10 p.m.
. Top billing (secondary to Platinum) in the official Lake
Minnetonka 4th of July Program in Lakeshore Weekly
News, circulation 25,000.
. Prominent mention in all Chamber-controlled publicity
regarding the event starting May 15,2007.
. Prominent display on Chamber's web site includingyour logo,
May is-August 31 under 4th of July banner.
. Booth display space (w/table) reserved for your company
at the event (you supply your own tent, if desired).
concerti fireworks.
5
. Listing as sponsor of Lake Minnetonka 4th of July Celebration
Program in Lakeshore Weekly News, circulation 25,000,
distributed in advance around Lake Minnetonka and western
Twin Cities suburbs.
. Listing on at the Excelsior
Commons on J uly 4th, 8 a.m. - 9:30 pm.
. Prominent listing on all publicity issued by Chamber including
listing on our web site with logo between May 15 - August 31.
. Visible location for your company's banner at The Commons
(we will install/take down).
. Listing as sponsor if Lake Minnetonka 4th of July Celebration
Program in Lakeshore Weekly News distributed in advance
of event around Lake Minnetonka and western Twin Cities
suburbs. Circulation: 25,000
. Inclusion in all press releases, advertising issued by Chamber
in association with the event.
. Listing on banner at event.
. Inclusion in Special Events Listing on Chamber's website.
. Space reserved for your company banner) at Commons during
event (banners are removed prior to f1reworks for security).
. High visibility association with hugely popular patriotic celebration in
one of the most desirable demographic locales in the Twin Cities.
. Listing as sponsor in off1cial published program in Lakeshore
Weekly News and publicity produced/ controlled by the South Lake-
Excelsior Chamber.
. Inclusion in Special Events Listing on Chamber's website.
. Prominent listing on Sponsors Banner at event.
. Space reserved for your corporate banner (you supply, we place) at
6
COPPER EVENT SPONSOR $1,500 +
. High visibility and positive association with one of the most patriotic
and culturally polished 4th of July in Minnesota.
. Listing as a Copper Sponsor in Lakeshore Weeldy News ads and
4th of July Program and publicity.
. Listing on Chamber's web site for Special Events.
. Prominent listing on Sponsors Banner at event.
. Space reserved for your corporate banner (you supply, we place) at
The Commons during the event.
Individual donors only. Name listed on Super Stars Banner at
Excelsior Commons throughout the event at Excelsior
Commons, July 4, 2007. Name listed in official Lake Minnetonka
4th of July program, Lakeshore Weeldy News. Donation must
be received by 6/12/07.
Stars $100 -$422
Individual donors only. Name listed on Stars Banner at
Excelsior Commons throughout the event at Excelsior
Commons, July 4, 2007. Name listed in official Lake Minnetonka
4th of July program, Lakeshore Weekly News. Donation must
be received by 6/12/07.
Individual donors only. Name listed on Stripes Banner at
Excelsior Commons throughout the event at Excelsior
Commons, July 4, 2007. Name listed in official Lake Minnetonka
4th of July program Lakeshore Weekly News. Donation must
be received by 6/12/07.
Individual donors only. Name listed in official Lake
Minnetonka 4th of July program, Lakeshore Weekly News.
Donation must be received by 6/15/07. Donations must be
received by 6/12/07.
a
7
LAKE MINNETONKA 4TH JULY 2007
CELEBRATION RESPONSE FORM
For planning & publicity, we would appreciate your response as
soon as possible so that we may better orchestrate this event.
Please check the sponsorship category you have selected for
participation and fax or mail back to the address below:
0 PLATINUM PLUS $10,000 Singular Category
0 PLATINUM $4,000 6 sponsors: industry
exclusiviry guaranteed.
0 DIAMOND $3,500
0 GOLD $3,000
0 SILVER $2,500
0 BRONZE $2,000
0 COPPER $1,500
0 Firecracker Race* $1,600 Sold out.
nlust be received in
"writing not later than
Sponsorship Contributions must be received by
June 1, 2007, for inclusion in the Official Program.
VISA, Mastercard or check accepted. Checks are payable to
Excelsior Chamber, P.O. Box 32, Excelsior MN 55331 FAX: 952.474.3139
Company:
Contact Person:
Phone:
Email:
Signature:
8
Sponsors onboard to date:
BayView Event Center - (tbd)
Beacon Bank
Byerly's of Chanhassen (inkind)
Cub Foods -Platinum
Excelsior Family Dental- Firecracker Race
Lakeshore Weeldy News - (media sponsor)
Lake Minnetonka Orthodontics - Firecracker Race
Lyman Lumber Company - Copper
Lake Minnetonka Association - Platinum
Maynard's Restaurant - Diamond/Firecracker Race
Ridgeview Medical Center/Excelsior Clinic-Firecracker Race
Wells Fargo Bank - (tbd)
Xcel Energy -Copper
Again, thank you for your time and consideration. We hope to hear from
you. If you have any questions, please contact
Linda Murrell, July 4th Fundraising Coordinator, 952.474.6461 or
Dick Osgood, 4th of July Committee Chair, 952.470.4449
9
Lake Minnetonka 4th of July 2007 Celebration
Venues for Sponsorship Funding:
o This square indicates it needs a sponsor.
Mini-Venues
Sand Castle Building Contest
Kids' Patriotic Parade
o Patriotic Popsic1e Party
Kids' Fishing Contest
Kids' Concert
o Teen Bands Showcase
o Warm-up Concert*
6:30-8 p.m.
Orchestra Hospitality
o Production costs for Stars, Stripes
Patriots Banner listing individual
Stars & Stripes donors in the '07
Fireworks Campaign
Sponsored by
Excelsior Rotary Club
Knewtson Health
Group
Woody Love, Realtor,
Coldwell Banker Burnet
$600
Lifetime Chiropractic
Lake Minnetonka
Orthodontics
$800
$2,000
*Entertainment TBA.
Byerly's
$ 350
10
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years · 1956 - 2006
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
26 April 2007
RE:
Our Savior Lutheran Church - Renewal of Conditional Use Permit
for Storage Building
FILE NO.
405(07.02)
BACKGROUND
Our Savior Lutheran Church is 10cated at 23290 State Highway 7 (see Site Location
map - Exhibit A, attached). In late 2000 representatives of the church were granted a
conditional use permit to construct an addition on the east end of the building to be
used as a community room and gymnasium. Included in their plans was a proposed
storage building (garage) to be located at the northeast comer of the easterly parking
lot (see Exhibits B and C). Although the community room addition was built
following approval of the c.u.p" the storage building was not. Since conditional use
permits expire if not used within one year, church representatives must renew their
application.
The property is zoned R-IC, Single-Family Residential and contains approximately
6.7 acres ofland. The proposed storage building measures 32' x 36' (see Exhibit D.
This is somewhat larger than the original plan which was 24' x 32'. The larger
structure will result in the loss of one parking stall.
The applicant's request letter is attached as Exhibit E.
Having been previously approved, this request is relatively simp Ie. The proposed
building still complies with the 20-foot side yard setback requirement. It is worth
noting that this is doubled for conditional uses in the residential district.
#..
~ . PRINTED ON RECYCLED PAPER
....
#6A.
Memorandum
Re: Our Savior Lutheran Church - c.u.P.
26 April 2007
Although the larger garage will result in the loss of one parking space, the church has
nine more spaces than what is required by the Zoning Code. Whereas 167 spaces are
required, they have 176.
There is one aspect of the request that does not comply with zoning requirements -
the building height. Detached accessory buildings are limited to 15 feet, measured
between grade and the mid-point between the eave and the peak of a gable roof. As
can be seen on Exhibit D, the building height is 17 feet. Since the roof is already a
relatively low pitch, it may be difficult to achieve the 15 feet maximum without
narrowing the building somewhat. It does appear that the side walls can be lowered
to reduce the height. The applicant must submit a plan (drawn to scale) illustrating
compliance with the IS-foot height requirement.
The applicant mentions an existing sound issue associated with the hvac system for
the church. Their proposal to landscape or fence to mitigate noise from the air
handling equipment is commendable and should be pursued. Assuming that a
compliant revised plan for the garage is submitted in time for Tuesday night's
meeting, it is recommended that the conditional use permit be approved.
Cc: Craig Dawson
Tim Keane
Grant Wurdell
-2-
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PROJECT INFORMA 1l0N
NAME Of" PRo..;;CT: OUR SA"ORS LUTHERAN
a;URQi ADDITION
ADDRESS: 23290 HWY 7
EXCELSIOR, ~INNESOTA 55331
~~::OESCRIpnON: LOT 210 ANa W 1'88 f'T LOT '''''
AND E 2 2 ACRES Of' LOT 165 L'l1NG N OF HWY
AND THAT PART OF' LOT 166 LYING W CF SAID E
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HWY AND E OF REG lAND SURVEY NO 169 AND
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GfIEEH SPACE :
SITE TOTAL :
13,3110 SF'
12.190 SF
26,400 SF
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PROPfRlY AREA: 292.787 SF
NEW BUItDING AREA: 12.990 SF
EXlSllNG SOtJARf F'M'!'A~
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UAXlMUN OCCUPANT LOAD IN CQ,IIoIUNITY CENTER _ 500
RECUIRED PARKING SPACES _ 167
REQUIRED ACCESSlSLE SPActs - 8
PROPOstD PARKlNG SPACES - 176
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Exhibit E
APPLICANT'S REQUEST LETTER
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF AN ACCESSORY BUILDING AT THE OUR SAVIOR
LUTHERAN CHURCH
WHEREAS, Our Savior Lutheran Church (Applicant) proposes to construct a building at
23290 State Highway 7; and
WHEREAS, the property is legally described in Exhibit A, attached hereto and made a
part hereof; and
WHEREAS, the Shorewood Zoning Code allows churches and structures accessory
thereto by conditional use permit (C.u.P.) subject to certain conditions; and
WHEREAS, the request was reviewed by the City Planner and his recommendations
were duly set forth in a memorandum to the Planning Commission, Mayor and City Council,
dated 26 April 2007, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a Public Hearing was held and the Applicant's
application reviewed by the Shorewood Planning Commission at its regular meeting on
1 May 2007, the minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting on 29 May 2007, at which time the Planner's memorandum, and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject property contains approximately 15.8 acres ofland and is zoned R-
1 C, Single-family Residential.
2. Land uses and zoning surrounding the subject property are single-family
residential, zoned R-IC and R-ID.
3. The proposed building is 15 feet in height, and contains 1152 square feet of floor
area.
4. The proposed structure complies with building setbacks.
5. The proposed site pIan for the facility will not result in any reduction of the
number of required parking spaces, nor will the new structure necessitate additional parking
spaces.
CONCLUSIONS
1. The proposed use of the property is consistent with the Shorewood
Comprehensive Plan.
2. The conditional use permit for the Our Savior Lutheran Church is hereby granted.
3. The City Clerk shall provide the Applicant with a certified copy of this resolution
for purposes of recording with the Hennepin County Recorder.
4. This resolution must be recorded within 30 days of the Applicant's receipt of a
certified copy hereof.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 29th day of May, 2007.
CHRISTINE LIZEE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
-2-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
James Landini, City Engineer
FROM:
Larry Brown, Director of Public Works
DATE:
May 24, 2007
RE:
Accept Bids and Award Contract for Water Meter Replacement Project
City Project 07-04
Bids were received, opened and tabulated on May 23, 2007 for the Water Meter Replacement
Project. Attachment 1 is the bid tabulation for the subject bid.
Two bids were received for the project. The apparent low bid was placed by Northern Water Works
Supply. Northern is considered a leader in these types of supply and installation projects. Northern
supplied a bid of$255,295.38 for the project.
During the approval of the advertisement of bids, it was suggested that the City may save a
considerable sum of dollars by foregoing the installation of the large meters. Due to the pricing of
the large meters, these could remain as is, and be read manually.
Staffhas reviewed the bids and finds that the savings by omitting the 2 and 3 inch diameter meters,
the savings equates to $31,964.17. This would provide a revised contract amount of $223,331.21
Staff agrees that these large meters can be omitted for the savings.
As reported previously, this project is funded from the sale of bonds that occurred in 2007. The
amount of bonds originally slated for this project was $210,000. Finance Director Bonnie Burton
has indicated that bond proceeds should be able to cover the additional $23,331.21 between the
modified bid (large meters deducted) and the original bonding amount. Therefore, staff is
recommending that the bids be awarded. Once awarded, staff will follow up on the next council
agenda formally deducting the large meters to keep the book work correct.
Staff is recommending approval of the attached resolution that awards the contract to Northern
Waterworks Supply, as shown in the bid tabulation.
A resolution is attached for your consWeration.
~ . PRINTED ON RECYCLED PAPER
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Attachment # 1
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
WATER METER REPLACEMENT PROJECT
CITY PROJECT 07-04
WHEREAS, pursuant to an advertisement for bids for local improvements designated as
Water Meter Replacement Project, City Project No. 07-04, bids were received, opened on May
23,2007, and tabulated according to law, and such tabulation is attached hereto and made a part
hereof as Exhibit A; and
WHEREAS, the City Council has determined that Northern Waterworks Group, Inc. is
the lowest bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Administrator/Clerk are hereby authorized and directed
to enter into a contract with the firm of Northern Waterworks Group, Inc., in the name of the City
of Shore wood, for the Water Meter Replacement Project, according to the plans and
specifications therefore approved by the City Council on file in the office of the City
Administrator/Clerk.
2. That the City Administrator/Clerk is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except for the deposits of the
successful bidder and the next lowest bidder, which shall be retained until a contract has been
signed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 29th
day of May, 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.ci.shorewood.mn.us . cityhall@ci.shorewood.mn.us
Celebrating 50 Years. 1956 - 2006
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Works
FROM:
J ames Landini, City Engineer
DATE:
May 24, 2007
RE:
Badger Field Football Lighting Project - Change Order 1
City Project No. 06-07
On April 23, 2007, The City Council awarded the contract for the design build contract for the
Badger Field Football Lighting Project to Honda Electric.
Staff tried unsuccessfully to have the soils engineers obtain soil borings, perform tests, and provide
recommendations prior to the bidding of the lights. To keep the project on schedule, bids were
awarded prior to results of the boring logs being analyzed.
The borings obtained confirmed what many have suspected for years. There is approximately 9-10
feet of clay fill materials overlaying approximately 12-24 feet of organic soils. The soils engineers
initial recommendation was to install piling for the four light standards that have been proposed.
As an alternative, spread footings have been proposed. A design has been completed for the spread
footings and presented to Honda Electric for proposed change in costs. Staff is pleased to report
that while the spread footings resulted in a 6 Y2 foot diameter footing for each pole, the cost increase
amounts to $4,320.85. Staff had estimated that costs would be considerably more of the proposal.
Therefore, Staff recommends approval of the resolution that approves change order 1 for the Badger
Field lighting project. A resolution is attached for your consideration.
#..
~ . PRINTED ON RECYCLED PAPER
....
CITY OF SHOREWOOD
RESOLUTION NO. 07-
A RESOLUTION APPROVING A CHANGE ORDER 1
FOR THE Badger Field Lighting Project,
CITY PROJECT NO. 06-07
WHEREAS, on April23, 2007, the City of Shorewood entered into a contract for
construction with Honda Electric, Inc. for the Badger Field Lighting Project, City Project
No. 06-07; and
WHEREAS, Honda Electric has prepared Change Order 1 attached hereto as
Exhibit A, for additional work outside of the original contract; and
WHEREAS, the Director ofPublic Works has reviewed said Change Order and
found it to be cost effective for the project.
NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve
Change Order Number 1 with Honda Electric, Inc., that incorporates services outlined in
Change Order 1, attached hereto as Exhibit A.
ADOPTED by the City Council of the City of Shorewood this 29th day of May,
2007.
ATTEST:
Christine Lizee, Mayor
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
05/12/2007 21:08
7534988770
HONDA ELECTRIC
PAGE 01
ELECTRICAL WIRING PROPOSAL
Q HQ}iDA 7BLBCTBliCAL
'EUCTRlC ICON'lRAC'I'OBS
DATE
CUSTOMER
Sl1'ZL2007
ADDRESS
5075 Nielsen Circle P.O. jJox 236 LQretto, MN 55357
Phone (763) 498-8433 Fax (763) 498-871'0
www.hmt.d4-ele(tric.com
LOCATION OF .JOB
SPECIFICATIONS OF JO.B
Cenijied Targeted Group Contractors
Members of IBEW Local 292 A.F..L. - C-.IO
** S.B.E./D.1J.E/W.B.E. CERTIFIED **
Date:
To:
Fax:
Re:
M~.y 17,2007
City of Shorewood
95:~-474-0128
Sh,)rewood Badger Football Field Lighting
The following Is pricing to funrdsh spread footings per drawings:
Price Includes:
1.) Ex::avation with soi1 removal
2.) Compactablc fill
3.) Concrete with fonm
4.) Rebar/Cages
5.) Top soil/seeding
6.) Hcld concrete base in place while footings are poured.
Materi al & Labor
4 @ $~~67.50
10% CH&P
Bond :.5%
Total
$ 3,870.00
$ 387.00
$ 63;85
$ 4,320.85
The materials and workmanship CUI'nished nnder this proposal shall comply with the rules and rCF;ull1tions set
forth in the N; ltional Electrical Cod,e and all state and local regulations governing such work. The price quoted
includes requl red insurance, and permit and inspection fees. Any changes In the abovc spcdflcations shall bl1.!
made in writillg, and as evidence of agreement, shall be signed by both pa,rties. The contractor shall not be held
responsible or liable for any loss, dllrnal!:e or delay due to callses beyond his control. If the purchaser disposes of
the property 1 y sale or otherwise bEfore this contJ1lct hilS been fulfilled, the full unpaid amonnt oCthe contract
shall become due and payable :lit onl:c. All equl!lment a.nd devices instlllled as a part ofthis proposal shall be
!:,ul'mmteeo fo r a period of one year from date of completion except as otherwise noted, or in accordance with
th~ 1'rHUlufllch rer's warranty. Con1ractor's liability shall be limited to the reph!.cenlllnt ~f oefllctive pllrts.
Thi~ I'll'OPo$nl nll\y bc wiUdrHwn b)' U~ Ifnnt accl!ptC!d within 30
dny~ from the "I)...",;, dnte- Work ~ ~tllrt when needed
COlltfRCt~i.'-., i otlda ~. tri In~
,..... ft .1... , ......-
By . .~.' ,i, I . " . " .
V Jeff Plzak, Estimator .--
ore ollthofl7.ed 10 do Ih~ work n~ 5pccilicd
C11~tnmer
Dale Si~cJ
Exhibit A