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062507 CC Reg AgP CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 25, 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 Work Session Minutes, June 11, 2007 (Art. Minutes) B. City Council Regular Meeting Minutes, June 11,2007 (Att.- Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed/rom the Consent Agenda. Comments can be taken or questions asked/ollowing removal/rom Consent Agenda. A. Approval of the Verified Claims List (Art.- Claims List) B. Staffing - Approving the Appointment of a Part-time, Temporary Office Assistant (Art. - Staff memorandum) C. Excelsior Covenant Church - Conditional Use Permit (Art. - Planning Director's memorandum, Resolution) D. Accept Storm Water Pollution Protection Program (SWPPP) Report and authorization to submit to the Minnesota Pollution Control Agency (Art. - Engineer's memorandum) E. Serting July 18,2007, 7:00 p.m., for the Public Information Meeting for the Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project (Art. - City Engineer's memorandum) F. Approve Private Use of Public Drainage and Utility Easement (Att. - Engineer's memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) CITY COUNCIL REGULAR MEETING AGENDA - June 25, 2007 PAGE 2 OF 2 5. REPORTS AND PRESENT A TIONS A. Audit Report by Andrew Berg, CPA, Abdo, Eick and Meyers (Att. - Finance Director's memorandum) 6. PUBLIC HEARING A. Land Use Fees (Art. - Planning Director's memorandum) B. Vacate Drainage and Utility Easements - 5615 and 5635 Fairway Drive (Art. - Engineer's memorandum, Draft Resolution) C. Vacate Public Right-of-Way - Bowman Third Addition (Planning Director's memorandum, Resolution) 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held June 12,2007 (Art.- Draft Minutes) 8. PLANNING - Report by Representative 9. GENERAL/NEW BUSINESS A. Appeal Zoning Violation Notice (Art. - Planning Director's memorandum) Appellant: Thomas and Patricia Scherber Location: 5080 Shady Island Trail B. Park Commission Appointment (Art. - Administrator's memorandum, Resolution) 10. ENGINEERINGfPUBLIC WORKS A. Change order to Radio Read Water Meters (Art. - Director of Public Works' memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council 12. ADJOURN CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 25 June 2007 . 5: 15 p.m. Council Photo . 5:45 p.m.- Council Work Session (dinner will be provided) Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: This item requests approval to hire Michael Radcliff-Kapustka as a Temporary, Part-time Office Assistant for the primary purpose of providing property file document scanning. The appointment is contingent upon a favorable background check. Agenda Item #3C: At its last meeting the Council directed staff to prepare a resolution approving a conditional use permit that allows Excelsior Covenant Church to construct an 18' x 10' accessory building in the northeast corner of their property. A resolution is contained in your packet for your consideration. Agenda Item #3D: 2006 annual report for SWPPP - Staff recommends approval of the annual report for 2006, and direct staff to submit the report before June 30, 2007 as required by the original NPDES permit previously obtained from the MPCA. The new permit application is still pending with MPCA. Agenda Item #3E: Staff recommends a public information meeting be scheduled for Wednesday, July 18, 2007, from 7:00 p.m. to 8:30 p.m., at the Shorewood City Council Chambers to discuss Amlee Rd., Manitou Lane and Glen Rd. Notices will be sent to all residents on the subject roadways, in addition to posting the date on the City's web site. Agenda Item #3F: Mr. Putnam and Ms. Gallagher of 5635 Fairway Drive have petitioned the City of Shorewood to construct and use a private sump pump discharge pipe, at their cost, under a public Drainage and Utility Easement on 5655 Fairway Drive. Staff recommends a motion to authorize this private project. Agenda Item #5A: Mr. Andrew Berg, CPA, from the independent audit firm of Abdo, Eick & Meyers, LLP, will make a presentation about the annual audit of the City's financial activities for the period ending December 31, 2006. The Council is requested to accept and approve the 2006 Certified Annual Financial Report (CAFR) by simple motion. *'. t . PRINTED ON RECYCLED PAPER .., Executive Summary - City Council Meeting of25 June 2007 Page 2 of2 Agenda Item #6A: State law requires that fees associated with land use applications be subject to a public hearing. The Planning Director has recommended adoption of a $200 application fee for sketch plan reviews - the first step in the subdivision/platting process. If agreed by the Council, this fee will be included in the annual fee schedule update, which is on the agenda for 9 July. No action is necessary at this meeting, other than direction to staff. Agenda Item #6B: Mr. and Mrs. Gutierrez and Mr. Putnam & Ms. Gallagher of Fairway Drive have requested vacation of the drainage and utility easement in the middle of their new lots. Staff recommends approval of the attached resolution contingent upon installation of improvements per approved drainage calculations. Agenda Item #6C: At the last meeting in May, the Council approved a final plat for Bowman Third Addition. That plat created three new lots in Deephaven that will be served by Manor Road. The road serving the lots will be private, and the final plat proposed to vacate Bowman Court - a previously-platted public right-of-way that will be replaced by the private road. This public hearing is to consider the vacation. Staff recommends that the resolution approving the vacation be recorded along with the final plat. Agenda Item #7 A: meeting. Park Commissioner Josh Trent will report on the June 12 Park Commission Agenda Item #9A: Thomas and Patricia Scherber have asked for additional time to comply with a zoning violation notice they received for expanding their driveway onto an adjoining vacant lot owned by the Shady Island Homeowner's Association. They are exploring the possibility of an adverse possession claim or a variance. If they decide to apply for a variance, they would remove the driveway up to their property line. Staff has suggested that they be given 30 days to file an adverse possession claim or apply for a variance by 13 July. Agenda Item #9B: Due to the recent resignation of John Moonen, there is an open seat to be filled on the Park Commission, with the term ending February 29,2008. In March, 2007, Council interviewed three Park Commission candidates for one open seat. The two candidates not selected in March remain interested in serving on the Park Commission. Should Council be prepared to appoint one of those candidates, a resolution making a Park Commission appointment has been prepared for Council's consideration. Agenda Item #10A: On May 29, 2007, the Shorewood City Council awarded the contract for replacement of a portion of the city's water meters and automated system to Northern Water Works. Staff is recommending approval of resolution that approves Change Order 1 for the Radio Read Meter Project that results in a decrease to the contract in the amount of$43,170.17. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JUNE 11,2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 5:30 P.M. or Immediately following the Regular City Council meeting MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 5:37 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Dawson; Planning Director Nielsen; Landini Administrator and Engineer Absent: None B. Review Agenda Without objection from Council, Mayor 2. CITY HALL regard to improvements to City s to the building not to exceed 12,000 square feet ther the improvements would be the construction existing building. The last estimated costs for '12, 2005, work session) were approximately: with 11 feet of space; and $$1,960,000 for the )\Vas estimated to result in 12,700 square feet of space. HI~, I, i ~ ,;-j} enariOlm~\l;ld require the additional parking spaces based on existing City ing reqU\Pement could prove challenging. lId be for Council to determine what direction it wanted to take with II. Dawson explained Boarman Kroos Vogel Group (BKV Group) was hired to conduct a needs assessment and City Hall. At that time it made a number of recommendations with regard to improvements that needed to be done. Since that time, the roof had been replaced in the fall of 2003, a mold analysis had been done which indicated the mold levels were not harmful at the time, and some necessary furnace related equipment was replaced. The roof replacement also included repairing any structural deficiencies. Mayor Lizee stated she had met with Eric Evenson, with the Minnehaha Creek Watershed District (MCWD) during the past two weeks. Mr. Evenson stated the MCWD was in need of new office space. She then stated there could be an opportunity for the City to share building space with the MCWD; an opportunity that would be cost effective. The MCWD would need approximately the same amount of 1#2A I CITY OF SHOREWOOD WORK SESSION MEETING June 9, 2007 Page 2 of 6 work space for staff as the City did; the common areas could be shared (e.g., the reception area, conference rooms, chambers, restrooms, the kitchen area, etc.). She commented that the MCWD had not done any planning with regard to its office needs. She also commented that she had met with Councilmember Woodruff and Mr. Evenson a few days ago to discuss this item. Councilmember Woodruff stated he felt that opportunity was an interesting proposition. The MCWD was in the very preliminary stages of discussion with regard to its office needs. He related that Mr. Evenson stated that the City could build a building, and the MCWD could become tenant. Woodruff suggested to Mr. Evenson that the MCWD could build a building, and the become a tenant. He commented that the MCWD had a significant levy base, and Mr. related that the MCWD could pay for a new building with a levy with little impact on taxes. Woodruff stated site options had been mentioned - the existing City Hall location; of the Legion, carpet store, and the bait shop. He stated the MCWD was entertaining a City of Minnetonka. Mayor Lizee related that Mr. Evenson stated the common spaces that could be shared and would be needed. Councilmember commented that future. He stated City's and the the MCWD Councilmember Wellens questioned if this would be considered. Councilmember Callies stated the partnersQip concept establish a definite timeframe for the MGf determine she did not want to delay a decision regard She suggested the City could to further discuss a partnership; indefinitely. MCWD would need 4,000 in its second year of a five-year lease. He also and he could imagine it increasing to 26 in the feet of space would be needed to satisfy the how long would be willing to wait before it would start that the costs for improvements continue to increase. She was a need for 12,000 square feet of space at City Hall. She feet of space for City Hall for 13 people and the MCWD eople 26 people, she deduced that the building would have to have lquestioned where the additional land for the increase in space would Mayor Lizee agreed that a decision square-foot space included all of the areas that could be shared. She also the future of City Hall could not be delayed indefinitely. Council member Turgeon stated she had concerns with regard to the City entering into another Joint Powers Agreement or lease agreement. She then stated she would not support spending any additional money to revise the City Hall plans to include housing the MCWD. She also stated if a shared building were to be built on City-owned land, then the land costs would have to be factored into any arrangement. She went on to state she would not be in favor of future discussions regarding the opportunity. Mayor Lizee stated her intent had been to make Council aware of a possible partnership opportunity. A partnership decision could be made once Council had decided the direction for the future of City Hall. Councilmember Wellens agreed. CITY OF SHOREWOOD WORK SESSION MEETING .June 9, 2007 Page 3 of 6 There was lengthy ensuing discussion with regard to the four options considered for the future of City Hall which had been identified in previous planning efforts. The options were the: I. An "Addition" concept for an approximate cost of $1,960,000 - the building space would be increased to no more than 12,000 square feet, necessary building maintenance would be done, and significant interior renovations would done. 2. A New building for an approximate cost of $2,415,00 new 11,000 square-foot building would be constructed on the existing site. 3. A "Bridge" concept for an approximate cost of (~ - there would be a new entrance, necessary building maintenance would;~~lft d meetings currently held in the Council Chambers would be held at the Publ'i~I~M' . 4. A Short-term maintenance for an approxim1}t~I~9st of$215, 0',lpll1ImUm maintenance would be done which would includeiiH~*iPH:v AC, new si iriSljlnew roofing, new windows, resolving the water infiltratimlit!l-oblem in the basemeni;l~-.p:~ilnaking the main e~tran.c~. and the restroom complia\11i~Hh specified in fW411ft:n:ericans with DIsabIlitIes Act (ADA). liBlh 'Inn The following noteworthy '.'1' After discussion, the bridge concept was identified in the short-term Council Chambers for additional or Southshore Center to hold meetings completing the maintenance e renovations, allocating the existing areas, and renting space from the ~ $450,000 more than the addition and longer life expectancy for the building. option would be in the $1 million dollar ~ that meets the current and future needs of considered a "stop gap" solution to the problem in the plans. not been discussed further after 2004 until this evening. The City Hall 3 - 6 years, and it did not solve the space needs. last for a significant period of time and satisfy the needs ~ \ .... re three finance positions (the Finance Director, the Senior Accountant, 'he authorized unfilled position) identified for space planning; yet some tasks were being automated or eliminated. . was no foreseen need for any increase in the number of staff; therefore, there should be little or no need for an increase in space. . Future mandates could require additional resources to implement them. ~ Regarding the use of the South shore Center for City meetings: . It was very inefficient to meet at the Southshore Center, and the lack of Staffs immediate access to their information during a meeting was problematic. . The costs for using the South shore Center for City meetings must be identified. . The South shore Center personnel could be paid to do the setup and teardown for City meetings. CITY OF SHOREWOOD WORK SESSION MEETING June 9, 2007 Page 4 of 6 . The South shore Center would have to have the appropriate audio visual equipment installed if City meetings were to be held there. . It was more efficient to have City meetings held in the same location as Staff worked. . The Southshore Center was owned and used by others; therefore, its availability may be limited at times. The impact of conducting meetings there that are currently conducted in the Council Chambers must be evaluated (which includes meetings held by other community organizations). . The City owned 50% of the center. ~ The addition and build options in the 2005 revised Council Chambers multi-use area that would utilize sliding Council Chambers for a conference room when necessary. ~ The audio equipment in the existing to be upgraded; the LMCC had already expressed concern witJ ~ Joint parking arrangements between 0 times of the day helped with the arrangement existed between City ~ The Public Works Facility did not house staff located at City Hall. Locating additional staff in work flow issues and work inefficiencies. ~ ~ ~ ~ ~ Councilmel { Mayor Li~e CounsiJiti~lnber . Coun4Hlhember Welle Coun6ilm~l1;lber WqRij ::i!iliL AUn; *~r~:?greed upon. 'l:~.i:.~.~.~.~.x anything was to be done) were After discussion, the preferred choices expressed as follows. The ~outfisJlRt~Center with regard to renting the meeting rooms for the regularly v ings;'fij~IGost to do so, and what if any ramifications there would be if the lid\! . ze the h1~eting area that frequently. revise tl1e costs for the four options identified in the revised 2005 plan 'sts, and to identify the costs for the modified bridge concept. l' , j 3. DING SURCHARGE FOR COUNTY ROAD 19 PROJECT Administrator Dawson Council with a document from him and Director Brown explaining the request for authorization for Xcel Energy to place a surcharge for undergrounding utility in the County Road 19 intersection project. He stated Director Brown could explain the history regarding the project. Director Brown stated Xcel originally estimated cost for the undergrounding effort to be $84,200. Early in the construction process it revised the cost of the effort to be $169,000. After the City received the revised cost estimate, Council authorized the City to enter into an agreement with RW Beck Consulting to review the revised cost estimate for reasonableness. RW Beck Consulting thought the $169,000 estimate was reasonable. As an example of unforeseen difficulties, he commented that when moving one drainage structure twelve inches, thirteen underground cables were encountered, some of them were live CITY OF SHOREWOOD WORK SESSION MEETING June 9, 2007 Page 5 of 6 and some were abandoned. He stated it was not possible to understand the scope of the effort in advance. He then stated since that time Xcel Energy had implemented steps to improve its estimating process. Councilmember Turgeon questioned what was going to be done to determine what cables were abandoned at the front end of a project, and why the Tonka Bay residents were not responsible for paying one-half of the cost of $169,000 plus $20,500 in "carrying charges". Director Brown stated abandoned cables do increase the cost of such a project. He then stated Staff had objections to the standards and fuel cost changes. He then explained that Tonka Bay had stated up-front that it not pay for the cost of undergrounding; Council made a decision to proceed with that aspect of Turgeon commented that Council agreed to that when the cost was estimated to be $84,200. Councilmember Wellens stated he was not in favor thought the cost should be paid out of the Fund the City's portion of the cost should be of the was appropriate to pay the cost out of the City could be of $141,000. He also 1.75 per month. Based amount could be confirm that Director Brown explained that as part of Hennepin County's reimbursed up to 50% of the cost for the undergrounding explained that the City had the option to surcharge the on the reduced amount (after Hennepin County paid reduced or the length of time of the surcharge Hennepin County was still willing to pay one-half residents to cover this cost. He Woodruff also thought Callies did not think it be undergrounded, and the at the beginning for projects such as road It was clarified that bill to the residents. receive a surcharge for $1.75 a month until 4. Councilmember Woodruff had was not in favor of among councilmembers. she asked that this be placed on the agenda because Councilmember estioned if Council work sessions should be video recorded. She stated she so; she thought it was appropriate to maintain some informality of discussion Councilmember Turgeon stated she did not think there was a distinction between regular meetings and work sessions. Mayor Lizee stated she thought the work session format should remain as is. She commented that the Council work sessions were noticed and the public was welcome to attend. CITY OF SHOREWOOD WORK SESSION MEETING June 9, 2007 Page 6 of6 Councilmember Wellens questioned if the work sessions were video recorded would there continue to be a need for minutes. Attorney Keane stated State Statute required that meeting minutes be kept and a video tape was not a substitute. 5. DEVELOPMENT INQUIRY Administrator Dawson stated the City had received an inquiry with regard to Tax Increment Financing. The question was if it was assumed everything for a redevelopment would qualify and could be done, would Council consider TlF. The specific inquiry related of northwest corner the intersection of County Road 19 and Smithtown Road. 6. OTHER exercise caution with interest. Director Nielsen questioned if there was any philosophical Mayor Lizee stated TIF should serve a public purpose. She regard to supporting a TlF project unless it was very Councilmember Wellens stated he was opposed to Councilmember Callies stated she would,npUb . in Administrator Dawson's evaluation that was scheduled for July 23, 2007. She'~~g~ $ted that it be relk~pled so she could participate. It was her understanding that the review would ~~ infoti~,a et the 'fflf"tmation Councilmember Turgeon distributed left her with a different impressiQ Tur'gtt~h clarified that the information she distributed was to of the pwas evaluated on. 7. mid-term informal performance review to There was consensus July 9, 2007. City Council Work Session Meeting of June Christine Lizee, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 11,2007 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 7:04 P.M. Administrator Dawson asked that Item the evening under General/New Business. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Dawson; Attorney Keane; Planning Director and Engineer Landini Administrator Works Brown; Absent: None B. Review Agenda be added to the Agenda for Director Nielsen asked that Item 8.B be applicant, had withdrawn his for a the evening; Blair Bury, the Zoning Code. Motion passed 5/0. 2. the City Council Regular Meeting Minutes of May Session Minutes, May 29, 2007 Turgeon moved, 2007, as presented. Approving the City Council Work Session Miuutes of May 29, 5/0. 3. Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Wellens seconded, Approving the Motions Contaiued on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing - No action required 1#2B I SHORE WOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 2 of 12 C. Adopting RESOLUTION NO. 07-039, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for the Rehabilitation of Lift Station No. 12, City Project No. 06-01." Motion passed 5/0. 4. MATTERS FROM THE FLOOR A. Mr. Steve Fenlon to Request Public for Excelsior Covenant Church School Revenue Note There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS Administrator Dawson stated Steve Fenlon, on public hearing regarding tax-exempt financing for the Deephaven agreed to issue the tax-exempt note. Because the Shorewood City Council must hold a hearing. He to review the technicality of the process. Mr. Fenlon, a principal with Midwest Health Church to arrange tax-exempt financing for Shorewood. He explained Shorewood any additional bonds the higher interest rate. bank qualification by Excelsior Covenant School, a school located in in bonds in 2007; therefore, the not and they would incur a located in Chanhassen would hold the note and Mr. Fenlon statefL~~en. Shorewood could not issue bank-qualified bonds, Exc~! Im€lMell.fl\1t Chu l~jycided Deephaven as a large number of the students attendin, tHe Church ScH~~! esid !UUIPeephaven. Deephaven did not have the jurisdiction or authority to iS~HA.1 tax-exempt nof~l a pr~W~~HtHat was located in Shorewood without the permission of Shorew Shorewood d only g,~~blt permission once it held a public hearing on the matter. He noted that blic hearing .t be riot iced no less than fifteen days before and no more than thirty days before mg. h I: f:' I t~..; 1_ Woodruff moved, '6ijn~~s~j,pbnded, Adopting RESOLUTION NO. 07-041, "A Resolution Calling for a Public Hearin~Cqm~Wly 9, 2007, on the Issuance of an Educational Facilities Revenue Note and Authorizing the PfUblication of a Notice of the Hearing for the Excelsior Covenant Church t' Project." Motion passed 5/0. B. Report on Minnetonka Community Education (MCE) activities by Tad Shaw, MCE Representative Tad Shaw, Shorewood's Representative on the Minnetonka Community Education (MCE) Advisory Council, provided an update on MCE matters. SHORE WOOD CITY COUNCIL REGULAR MEETING June 11, 2007 Page 3 of12 Mr. Shaw stated that Shorewood had been represented on the MCE Advisory Council (formerly Minnetonka Community Education Services, MCES) by four different residents over a 30-plus-year period, noting he had been the City's representative for a very long time. He stated the MCE organization had exceptionally fine teachers and quality individuals involved with the organization. Mr. Shaw stated his experience with the MCE had evolved in a negative manner over the last few years. He stated that from his vantage point, the MCE Advisory Council had evolved to a "public relations board", more of a communications vehicle. He could bring forth information to the Advisory Council from the City Council, but that did not mean he could take any action o~lfhnt information. The MCE program had moved from having focus on the member cities' needs to b~j~g'strictly a school program. In the last two and one-half years the only action he had been given 'Y~Wlt\lT. opportunity to vote on two items (items that were not very significant). The MCE Advisory CmtHbiI4~:~A;to have 22 members and a minimum of 18 of those members used to attend the meetings.q[oday ilT~n~ll~re 40 members on the Advisory Council, and 12 members regularly attend the met;tmg~; th~ majorityl~~lindividuals attending are school board members. .IIP p.,pp ;:~: "J t If] 1, , 11 ! i ~.l. Mr. Shaw stated there had been posItIve challg~~Il(H1MCE,Ib1~E AdvisorY'!ttU>>p~h and the Superintendent interactions after MCE Executive Director~ittill1;ff~lbee;11 hired. He w't~lencouraged by the fact that the members had received a copy of the Mcr!lala..~b7 budget for review. He was also ; l i ; i' ;.~ encouraged by the actions taken by Mr. to improve commUHt~q.tions. Mr. Shaw explained an commented the City was State law requirement : Dawson clarified that!'; request from the Minneton if the City did a ij' Mr. Shaw stated the MCE program was State had one of the best community education ; ij ~. } I communicaH~ijl~rI9grams in the State, and the United StdtMs. for community education. He the Advisory Council. There was a a minimum of four times a year. Administrator the MCE Advisory Council in response to a representative on the Advisory Council; even Council, it was considered to be a member it. obligation to MCE except for services that are In Mr. Shaw stated he thought it was important to have a Council. He also stated he attended the meetings on a regular basis. phone study to determine what the communities' needs; the Advisory appropriateness in advance. Mr. Shaw commented MCE was projecting a $100,000 loss for 2007 year-end operating budget. Councilmember Callies stated she would like to review a copy of the Advisory Council's by-laws. C. Report on Lake Minnetonka Communications Commission (LMCC) activities by Patrick Hodapp, LMCC Representative Patrick Hodapp, Shorewood's representative to the Lake Minnetonka Communications Commission (LMCC), provided a summary update on LMCC activities. SHOREWOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 4 of 12 . The LMCC was working with Mediacom to reduce the average call response time for cable related calls to no more than the required maximum of 30 seconds specified by the Federal Communications Commission. The LMCC Executive Committee will tour Meadiacom's call center on June 19,2007. Mediacom was continuing its negotiations with CBS for HDTV retransmission rights. New LMCC officers were elected at the May 2007 full Commission meeting. He retained his position as a member on the Executive Committee and as Treasurer. The transition to the new accounting software was completed. The first full audit of the LMCC was in progress; the ~H~lbi)yas being conducted by Abdo, Eick, and Meyers. In the past, year-end financial,!f~{iiewsliad been conducted the accounting firm the LMCC used on a day-to-day ba~i$Um\1.y LMCC changed accounting ?:: ~.' .... :l' 'i 1 :; :1 firms in 2006; therefore, it was appropriate to havYf~lfull aU~Uticonducted at that time. !(1:' -'1tt:(,: The LMCC Joint Powers Agreement was unqyr~~c;View. Th~iltl1;pposed changes to the A>!:\. -:: -;\':li1;. JP A were anticipated to be relatively min?nlHI1liYiylan was tdi~HR\l:it the revised JP A (which would be done in a current/proBRsed format) to membef!lt~~iYf along with the LMCC's 2008 budget for approval.,dii!ilh \" :qlllllli;.t!! Once the revised JP A was approved, 'the;~~r~~ws an~mt!1er internal proc~ptires would be reviewed to ensure they were consistent ,*l~lW~~Yjlt~qu'Uements specifi~a in the revised JPA. '!lilliI' . . . . . . jfrl Mr. Hodapp stated one of the changes to the !~Id be the autorH~1Ihlfi~pr(?val of the LMCC's budget within a to-be-determined time period unless · ;i~~iP!\lumber of citiY~i~rJe'ct the budget. In the past it had taken months to receive approval from s e or~lt~!PPltymber citie,~\i'and there had been instances where the budget was not approved until the yearl~\1e bl/qg~t!'*~~'!iJll;iy~fect. :i;, ,rrji-C::l;i-t;!l!! HI8 Mr. Hodapp explained w ~Rt the single'~Wnt of conte~~ion would be with regard to the JP A. Some of the Commis~l! ,embers ~tught the Cot ission already had authority to use the LMCC's reserve funds as neeaed, R.!.Rthers JUanted to clarify t'authority in the revised JP A. He thought the LMCC needed a legal opini6iU~n,t\1.~ll~~mr!iiW to sub ing a revised JP A to the member cities for their j j:. t. .', J;\ :" 1: t' --" ,t ~":}]i' f:' t \ It: I t approval. He ~itffijHlfnfiifrA req~tt~~ theGN4iUq:l~fil~lM.ain approval of its budget from the member cities, and it had lHithotitN'lfRUl! ceed tli~IR>>dget. Past practice had been to use the reserves as needed without membe ies' approvat1iJft 'sted tHij4hlRPti~ns that could be considered with regard to use of reserve fund~;il LMCC would e no autij~r~ifY to use reserve funds without member cities' approval; 2) the LMC Id have the at Jty toy,~~ reserve funds as needed; or, 3) the LMCC could use reserve funds up to of theldget. He stated reserve funds had been accumulated by either spending less than was b or by exbding budgeted revenues. There was ensuing also discussion of regard to the use of reserve funds for a budget overage. There was contingency in future budgets that could be used to fund a budget overage. Another option was suggested for authorizing the use of reserve funds - the Executive Committee could make a recommendation to the full Commission, and the full Commission could decide whether or not to authorize the use. The caveat would be the member cities' councils would have to be informed if the reserves fell below a certain amount. Mr. Hodapp stated video on demand consisted of two components - a web live stream feature, and the ability to view meetings on cable TV at a scheduled time. He explained the bulk of the cost for video on SHOREWOOD CITY COUNCIL REGULAR MEETING June 11, 2007 Page 5 of 12 demand was for the live stream feature which was not frequently used. He stated that from his vantage point a technology capability was purchased that may not have been needed. Council thanked Mr. Hodapp for his continued involvement with the LMCC and for assum1l1g a leadership role. 6. PUBLIC HEARING Location: 19955 P lann ing None. 7. PARKS Director Brown stated there was a Parks tour scheduled for 5:45 8. PLANNING - Report by Representative Commissioner Gniffke reported on matters Commission meeting (as detailed in the minutes ofthat A. Conditional Use Permit Director Nielsen explained there were two Excelsior Covenant Church RE rty, located ~. { J;' ^ structures (a 10- foot by 1 ~T~0BV hed ) was Excelsior Covenant Ch~t~~, propo replace it property was zoned RlJ~~}!I~ingle an. wo-Family conditional uses in residehti~lr distJIi Mr. \: .~.;!" i:: 0" 1: Ii 1: (C.u.P.),i~~iljlt4! 'HllllliL subj6~tlRmpertY was located between Excelsior Boulevard and Highway 7 land!lIUl"liireplacement building would be located in the same spot as arlftifTIaterials of the building would be similar to the existing two- o t F o. on the northeast corner of the The smaller of the two of and Jim Turnquist, representing a somewhat larger one (I O-foot by 18-foot). The Accessory structures for churches were had requested a conditional use permit Zoning Code. Nielsen structure complied with requirements set forth in Zoning Code. Nielsen and cQU i:1-fti the stru car garage a. building would be 20 feet from the east side of the property, 111 with the setback requirement. b. Despite being somewhat larger than the eXlst1l1g structure, the replacement structure should fit into the same space with very little site alteration. c. The proposed building neither takes up existing parking spaces nor necessitates additional parking. Nielsen then stated that the Planning Commission had unanimously recommended approval of the conditional use permit as requested. SHORE WOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 6 of 12 Woodruff moved, Wellens seconded, Approving a Conditional Use Permit for Accessory Building for Excelsior Covenant Church, 1995 Excelsior Boulevard. Motion passed 5/0. B. Zoning Text Amendment Regarding Pool Fences Applicant:B1air and Sharon Bury Location:28160 Boulder Bridge Drive A. 2007-2028 CIP for Excelsior Fire District for a text amendment Director Nielsen's stated Blair Bury, the applicant, had withdrawn his to the City's Zoning Code. 9. GENERAL/NEW BUSINESS dllP; jU' Administrator Dawson stated that at its April 23, 2007 m~eting, Coyncil approved Fire District (EFD) 2007 - 2028 Capital Improvemy1iI~IR~~gram (C1lfjl with the IfttiI" 1,1:" technology in 2008 and with a reduction of the capital tnl.H~~t~~fr~W!$b7,O,OOO to $1 in 2008. At that same meeting there was Council consensus to reconsider~+Rnftblogy funding at a later date provided it was provided with a plan that justified th~~f}lnding. 'lqllhh t I ~: G [11;:,: ]1;: 1 ;_11::!i Dawson then stated that following the above ~~ti~ fij~,EFD BoardiUijih~iiped the use of consultants to conduct a needs assessment-type study to idelUkllijRL and imagl<<i{needs, probable costs, and a schedule for improvements. Brand Networkil1\$.. (for:!~J;;fli,Y9..l\.it5ment) and Advanced Imaging Solutions (for imaging equipiWtmMrovided anal~1i~(~~ntJ a pro i~~~Jlfschedule for improvements. Brand networking identified $~,7~i$ij~,linli"mnputer impd~ements thf(~Ugh the end of 2008. AIS identified alternatives ranging froml~7,900 - $l!f{J~OO for the pJt~hase of multi-function print/copy/fax equipment. 111\':ld "n' 'I Dawson went on to ::~~~~~"ijl~ilP ~~ij~~lfl!~CUSSed thel~~bireports at its May 30, 2007, meeting. During the discussion~?I~~?p:ember~lq"mme'riteHI~J}~tmrll~H~!i'key decisions needed to be made (e.g., the use of notebook c~H1Piit~~$i~RtpiYi~desk'ib~jfiR:npute;~', theiti;ning of acquisitions, and whether the multi-function imaging ,yRuipment shoUlmttyleasecflq>~Un\lrchased). Although the combined amount for the improvements "'i'd,Y"l'l'!', identifi~"l,ip the two repolitl$hW,as great~tllth~n the proposed $35,000 amount in the CIP for 2008, the .i 'f r j {'. f_:~ .~. ", ,! ~__ ! t,\! , '; {' I J .' j' Boardmel11"~1s thought that'itft~i $35,00!~ilwas appropriate, reasonable and justified. They noted the challenge fM~llfifD staff and ~~~Tnselve's would be to refine the improvements identified for optimal effectiveness WHkln that amounUIl 'illllllliL.1IW Dawson related that't}.~i~o~n~iTequested that the Shorewood and Deephaven city councils consider their actions again on the'p~~Jl>;@lsed 2007 - 2028 CIP, and to approve it as proposed with $35,000 for technology and $170,00gllil capital transfers for 2008. Excelsior 5,000 for Councilmember Woodruff stated he found the costs identified in the Brand Networking report to be excessive, and he thought the improvements should be spread out over several years. He commented there were numerous operational items that must be fixed that were identified in the report; the changes could be done for a small cost and would yield great benefits. He stated the costs were astounding for multi-function print/copy/fax equipment alternatives identified in the AIS report. He then stated he would not support the CIP that was originally proposed. SHORE WOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 7 of 12 Council member Callies questioned Councilmember Woodruff if he had attended the EFD Board meeting to present his concerns. Woodruff stated he had documented his concerns and submitted them to Administrator Dawson to present on his behalf. Dawson noted he submitted Woodruffs document to Chief Gerber. Councilmember Wellens commented that Administrator Dawson's cover memo stated "There was no evaluation of the proper fit of imaging equipment and computer equipment." He then stated that from his vantage point the reason for hiring a consultant was to "get a proper fit". He went on to state that Dawson's cover memo also indicated a decision would need to be ma ~11}Mith regard to the use of notebook computers versus desktop computers, yet the Brand Networ' P~~~6'rt stated that notebook computers were not good substitutes for desktop computers on a longi!: basis. Dawson explained the v" EFD Board discussed the need for and the benefits of notebook cowiute computers could be used in the emergency operations center). Dawson commentd1ll~hat reports had not been combined due to time constraints. q Mayor Lizee stated the most immediate ql\ystion Council was if it was willing to support funding for technology improvements. Sh~'lt"f~f~tated the EFD the EFD Board as the policy body for the EFD, and the Fire Chiefs lWd~l1!esRonsible for rto-day operations with input from the Operating Committee and oversighllby tHe' B~.~r9.'. She quest.. ed if Council was willing to place trust in the Fire Chief, the Operating C6\pmitt~~,I\a~~I~~ff,~~flrd to appropriately invest in the necessary technology. She staJ~d.jt was not app;~ArjAt~for th~lm~~ber cities' councils to act as mini- i;:~f:i:f!-:,l.~.y~_, -;;'''i~- -,;~ boards. She went on t9tlISl~atell~~lh?ecisions ha'd\l:been mad~f1with regard to specific technology improvements; those detdiled decis'i1~l!\$lWOuld be maa~ at a future date. ffiil1llllh!. \111I'llh;,.ri Councilmember Turgeon s\ldt~~shei:~~~LL!B~~ not been~t~vided with enough information to understand who used the co iIWi~~S andfdtlm"~tIY~~~~~~fHffltfflf~len stated she did not understand why the EFD a~d the SLMP[)!~! ~~~~nil e a serv~rth~urrent firewall technology should allow a server to be shared whIle maintai~in!b'estricted 'M&:q to infCitrort,ion. Mayor Lizee stated that in a document prepared by Chief G~rb~nftijfl.distributed to jil, Ger~Htifl~dressed the ~easons cert~in technology could not be s.hared wlthfithell~~~PD. Turgeon ,tyd the !JBrand Networkll1g report dId not address any of the Issues identified 'Wii"l~~gard to usin:ll~arioustltechno.logy components, disaster recovery plans, data backup needs, a web sli~ll~~c. She also \~t~ted future mall1tenance needs were not addressed. She went on to state the AIS report i(f~i1~llfl\ed alterry~tlve solutions that would be suitable for the volume of copies made by the City and she did;H~tlthinhltHe EFD produced that many copies. Lizee had not Councilmember Wellens questioned why the explained that four of the seven laptop computers been installed yet. nn Htp { I';; :i -.~ Councilmember Calliesrstated it was her understanding that the Councilmembers were not opposed to including some amount of funding for technology improvements. In fact, based on some of the comments made the technology costs could be greater to fund the cost for on-site IT support. She questioned if the some Council members thought $35,000 was too much, then what was the right amount? She stated the EFD Board had reviewed and discussed the reports, and again recommended the original proposed 2007 _ 2028 CIP for approval. She commented that the CIP was a planning budget; comprehensive plans would be prepared as part of the justification for purchase process. Callies moved, Approving the Excelsior Fire District 2007 - 2008 Capital Equipment Plan as Amended to Include $25,000 for Technology in 2008. SHOREWOOD CITY COUNCIL REGULAR MEETING June 11, 2007 Page 8 of 12 Motion failed for lack of a second. Councilmember Wellens stated it was not the amount of money requested for technology that was the issue for him. He did not understand why the firefighters' would need remote access to their em ail via a remote web page; the firefighters' were out of the building nearly all of the time; and they were volunteers. Mayor Lizee stated the firefighters are on-site doing follow-up work on calls, training, research, etc. They periodically do their personal work on site, but do so because they can provide a benefit of quicker response and improved service to the District. Councilmember Wellens stated he would session scheduled for 6:30 questions. Mayor Lizee suggested that the Councilmembers attend an EFD P.M. on June 27, 2007, where they could ask for responses to their Councilmember Callies again questioned what amount CIP for technology in 2008. If $35,000 was unreasonable, Councilmember Woodruff suggested $15,000 be that amount would be adequate for 2008, and it should that the $3,000 included in the draft 2008 operating would equate to approximately three hours IT support each There was ensuing discussion with regard to member cities' councils appr~:n1'fRIt,he plans as with the deletion of $35,QQPl!fMil~+R nology in $170,000 to $155,000 ,inm008. It \\l ,suggested legal counsel. If was"e1ar~IfIlM that i ~ CIP was :, 1 j., f ,~,:i 2006 - 2027 CIP which wasl~~nrov 1tllml"; Councilmew~~tIWMll\~~I~l~~ed tIH~I~~, had highlighted the issue of what was the EFD Board's t;~W'in the pro'dt:l$~jl4l\>>d whIUI~~& the role of the member cities' councils. dlllmL itlllllllh'\lllliIIW;f Well~ns'lill"}l~d, Woodruff s'RHpded, qpntinuing the Approval of the Excelsior Fire District 2007 - 2008 Capmillltguipment Plarl.'~~ Originally Proposed to the July 9, 2007, Council Meeting. '\'111111. mil Mayor Lizee rec6~fi~ded thrlltnotion be amended to require the City's Councilmembers to attend the June 27, 2006, EFDlm~'9:rd,mork session meeting to address their concerns regarding the inclusion of :{ ,: t { " {, - I ~, c: ,; technology funding in tll~'WWP for 2008. 1:;'" <t1f Without objection of the seconder, the maker of the motion amended the motion to require the Shorewood City Councilmembers attend the June 27, 2007, EFD Board work session. 2007 - 2028 CIP. Three cities' councils approved the CIP and with of the capital transfers from was a need for legal opinion by the EFD's the 2008 CIP would be the same as the Motion passed 5/0. B. Noise Regulations Director Nielsen stated Councilmember Callies had asked staff to address the City's current regulations relative to the control of noise; the impetus for the request was a resident's complaint regarding noises SHOREWOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 9 of 12 emanating from the use of landscape equipment on the golf course at the Minnetonka Country Club at 6:00 A.M. on a Sunday morning. Nielsen explained that noise was regulated under two sections of the City Code - Section 501.05 Subd. 6. (Nuisances) and Section 1201.03 Subd. 2.m. (Zoning). Both of those sections refer to Minnesota Code of Rules 7030, which are the Minnesota Pollution Control Agency (MPCA) noise regulations. The MPCA regulations deal primarily with decibel levels, and they set forth standards for daytime and nighttime activity. The City applied the MPCA regulations when it receives complaints involving sustained levels of noise. Nielsen went on to lawn mowers, leaf determined the subject generated had a property development and The City's standard hours: Nielsen then explained that the City attempted to control noise construction activities through the land use and building development agreement states that constructions hours are Monday - Friday; Saturday: Sunday: 7:00 A.M. to 7:00 P.M. 8:00 AM. to 6:00 P.M. No construction Nielsen also explained there was no written code setting policy. As a policy, enforcement had issue on ordinance was not violated. agreement with the SLMPD such that it Often times the police stopping by was contractors concerned about delayed permit responding to the complaint hours; the restrictions were a City SLMPD did not issue tickets if an well. The City had an the City of problems. activities. In other cases, Staff was spending time policy did not address "untimely" noises (e.g. types of noises. In a recent complaint Staff decibel levels, even though the noise being discussed in the past, and Council decided not to codify the so was that whatever regulations were adopted would or businesses. thought the topic of noise regulations warranted more discussion in to place noise regulations and time restrictions on residents as Administrator Dawson versus its decibel level. it could be more appropriate to regulate "untimely" noises by type of noise There was ensuing discussion with regard to codifying nOIse regulations, and enforcement of the regulations. Councilmember Woodruff suggested the Planning Commission could consider this matter. Councilmember Callies agreed with that suggestion. She commented that it was the repetitive situations that were problematic. SHOREWOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 10 of 12 Councilmember Wellens suggested a request be published in the Shore Report asking residents to voluntarily avoid doing activities that generate annoying noises on certain days of the week and during specific times during summer hours. Mayor Lizee suggested that construction hours also be published as a reminder. There was consensus to publish a request 111 the Shore Report before requesting the Planning Commission to consider this matter. C. Work Sessions - Cablecasting Council discussed the consensus to take Administrator Dawson stated in a Council work session held prior to possibility of cablecasting Council work sessions. At that time action on the item at this particular meeting. I !1~ :.~~JH:!~.;" Councilmember Callies stated she was not in favor of ci:}~lecasiing work e thought it was appropriate to maintain some informality of discussio~'l~mbng CouQ.,cilmembers. tated Council work sessions were noticed and the public was welcqrti~11~11\ttend. Shl1commented no tli' action was taken at a work session. She also commented there wasii~~h ir~rtieQ,t to cablecastt gular Council meetings or work sessions. She stated the expense for cablec~l \York sessions would probably not be warranted based on the probable number Councilmember Turgeon work sessions. She with better access to of getting information to t&~ssions would be the same as 1111dividuals doing the regular Administrator Dawson explained the cost for the cost for regular Council meetings if it meetings. was a between regular meetings and what ever actions it could to provide residents the cost. Cablecasting was another way policy with regard to the public having access historically been informal discussions, with the participants and candidness of discussions that would likely be She did not think the City needed to incur the additional of work sessions was one way to use technology to better considering. He stated a couple of individuals had asked why the work stated that from his vantage point had individuals been able to view work regard to Capital Improvement Plan discussions, residents may not have attended the last work session to express concern with regard to the Amlee Road / Manitou Lane / Glen Road Street Rehabilitation Project that was being considered. He stated he thought it would be beneficial to cablecast the work sessions for a minimal cost; it would minimize the inconvenience on residents to have to attend the work sessions. Councilmember Wellens stated residents could download the work session minutes off the City's web site. Councilmember Wellens stated the minutes lose the interchange, and there was a timing issue for their availability. Woodruff then stated having an audio and video of a discussion was much better than having a summary ofthe discussion. SHOREWOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 11 ofl2 Council member Wellens stated at the Council work session held prior to this meeting he questioned if the work sessions were video recorded would there continue to be a need for minutes. Attorney Keane stated State Statute required that meeting minutes be kept and a video record was not a substitute. Wellens then stated the cablecasting cost would be an additional expense for the benefit of a few residents; it would not replace the need for a recording secretary. Councilmember Callies stated she wanted to clarify that this discussion was not about access or lack of access to Council discussions. The Council work sessions were open to and the minutes were placed on the City's web site. She then stated people were less in discussions if they were being video recorded for future viewing. Work Sessions. Woodruff moved, Turgeon seconded, Approving the Motion failed 2/3, with Callies, Lizee and Wellens 10. ENGINEERINGfPUBLIC WORKS A. Authorization for Surcharge by Facilities as part of the County Road 19 Electrical Administrator Dawson stated this item evening and there was Council consensus to k session meeting earlier in the mt1~ting. I.if! Woodruff moved, Wellens seconded, for Undergrounding 5/0. or Surcharge by Xcel Energy meeting. Motion passed 11. A. EFD Board work session tentatively scheduled for June 13, Budget. There was an SLMPD Coordinating Meeting discuss the draft 2008 Operating Budget. There was an EFD 2007, to discuss the EFD 2008 budget with member cities' attempts were being made to schedule a meeting of representatives city administrators sometime during the next two weeks. Engineer Landini that Staff would like to schedule another public information meeting with residents to discuss the Amlee Road / Manitou Lane / Glen Road Street Rehabilitation Project that was under consideration. He suggested July 16, 2007, or July 18,2007, as possible dates for the meeting. There was Council consensus that Engineer Landini could select the date for the meeting. B. Mayor & City Council Mayor Lizee stated she had been co-chair for the Ali on the Lake Event held the past weekend. She then stated the event was a tremendous success. SHOREWOOD CITY COUNCIL REGULAR MEETING June 11,2007 Page 12 of 12 Mayor Lizee recessed the meeting to an Executive Meeting at 8:55 P.M. 12. RECESS TO EXECUTIVE SESSION A. 5795 Country Club Road Mayor Lizee convened the executive session at 9:00 P.M. The City Council, the City Attorney, and the City staff were present for the executive session. Turgeon moved, Wellens 2007, at 9:13 P.M. Regular Meeting of June 11, The purpose of the executive session was to consider legal actions of the City-owned property at 5795 Country Club Road. The Executive Session was concluded at 9:12 P.M. 13. RECONVENE TO REGULAR CITY The City Council reconvened in regular session at 9: Mayor Lizee announced that the City against the former lessee of the 14. ADJOURN Christine Lizee, Mayor PAYABLESAPPROVALS For 06/25/2007 Council Meeting C '0,/1'/"1 . .. ... Prepared by: /: /k:.IL/1l! Date: v - .. l' ;I Michelle T. Nguyen(S? Accounting Clerk Reviewed by: ~~-d>-'-/ Date: Bonnie Burton, Fina ce Director Date: Approved by: Crai wson, City Administrator PAYROLL APPROVALS For 06/25/2007 Council Meeting Date: , Sf. Accounting Clerk Date: Approved by: Date: Craig awson, City Administrator CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM DATE: June 21, 2007 cc: Mayor and Council Members Jean Panchyshyn, Deputy Clerk ~ Craig W. Dawson, City Administrator/Clerk TO: FROM: RE: Staffing Item: Part-time, Temporary Office Assistant The following staffing items are brought forward for City Council's approval: Part-time, Temporary Office Assistant - Staff requests approval to hire Michael Radcliff- Kapustka for the primary purpose of providing property file document scanning. Reference checks were completed, and were favorable. A background check is in progress. This temporary position is not eligible for benefits. The General Government/City Clerk budget (Dept. 41400) has 700 hours budgeted for part-time scanning help. Approximately 620 hours remains. It is expected that Mr. Radcliff-Kapustka will work up to 30 hours per week during the remainder of summer, with reduced hours starting in the fall when he returns to college. Recommended Action: A motion approving the appointment ofMr. Michael Radcliff-Kapustka as a Temporary, Part- time Office Assistant, contingent upon a favorable background check. *'. t . PRINTED ON RECYCLED PAPER .., CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF AN ACCESSORY BUILDING AT THE EXCELSIOR COVENANT CHURCH WHEREAS, Excelsior Covenant Church (Applicant) proposes to construct a building at 19955 Excelsior Boulevard; 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 1 June 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 5 June 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 11 June 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 7.6 acres ofland and is zoned R-2A, Single and Two-family Residential. 2. Land uses and zoning surrounding the subject property are single-family and tWQ- family residential, zoned R-IA and R-2A. 3. The proposed building is 15 feet in height, and contains 180 square feet of floor area. 4. The proposed structure complies with building setbacks. 5. The proposed site plan 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 Excelsior Covenant 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 25th day of June, 2007. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk -2- Legal Description: "That part of Lots 29 and 30, Auditor's Subdivision Number One Hundred and Forty One (141), Hennepin County, Minnesota, lying West of a line running from a point on the southerly line of Lot 30, distance 618.2 feet northeasterly from the Southwest corner of Lot 30, to a point in the center line of the Minneapolis and Glencoe Road, distance 560.4 feet easterly along said center line from the West line of the Sout~east 1/4, Section 25, Township 117, Range 23, excepting highways." Exhibit A 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, Public Works Director FROM: J ames Landini, City Engineer i-- DATE: June 21,2007 RE: 2006 Annual Report Storm Water Pollution Prevention Program (SWPPP) As part of the federal Clean Water Act, the City of Shorewood is required to obtain aN ational Pollutant Discharge Elimination System (NPDES) permit. The City first received this permit in 2003, at which time the City completed a Storm Water Pollution Prevention Program (SWPPP). Due to a legal challenge, the Minnesota Pollution Control Agency (MPCA) has been required to make changes to the 2003 permit. As you may recall, we submitted our new application permit to MPCA prior to the June 1, 2006 deadline. The MPCA has reviewed the application, public review and comment was completed on February 14, 2007, and we await issuance of the new permit. Until this process is completed and a new permit is issued, the current permit will remain in effect. An annual report for 2006 must be submitted to MPCA as a requirement of the old SWPPP. The deadline for this submittal is June 30, 2007. Attachment 1 is the annual report for 2006, which is a standard form. Recommendation Staff recommends that the City Council approve the annual report for 2006, and direct staff to submit the report before June 30, 2007 as required by MPCA. #fI, t . PRINTED ON RECYCLED PAPER .... ANNUAL REPORT for 2006 MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) For Calendar Year 2006 Due June 30, 2007 USE OF TillS FORM IS MANDATORY By completing this Annual Report form, you are "providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices (BMPs) and progress towards achieving your identified measurable goals for each of the minimum control measures" as required by the MS4 Permit. Submit your annual report by June 30, 2007 to: Minnesota Pollution Control Agency Municipal Division 520 Lafayette Road North St. Paul, MN 55155-4194 rf you would like to obtain an electronic copy of the MS4 Annual Report for 2006 form, please visit: www.pca.state.nm.us/water/ stormwater/ stormwater- ms4 .html rfyou have further questions, please contact one ofthese MPCA staff members (call toll-free 800-657-3864): . Keith Cherryholmes 651-296-6945 . Joyce Cieluch 218-846-7387 . Scott Fox 651-296-9433 . Anna Kerr 651-297-5219 City of Shorewood Name ofMS4 James Landini Name of Contact Person 952-474-3236 Telephone (including area code) 5755 Country Club Rd. Mailing Address Shorewood City MN State 55331 ZIP code A. What is the current population of your MS4? 7400 B. Did you hold a public meeting for calendar year 2006 and discuss your Stormwater Pollution IZI Yes 0 No Prevention Program (SWPPP)? [Part V.G.1.e] C. What was the date of the public meeting? 03/12/2007 D. How many citizens attended specifically for stormwater (excluding board/council members and staff)? Q E. Was the public meeting a stand-alone meeting for stormwater or was it combined with some other 0 Stand-alone function such as a City Council meeting? IZI Combined F. rfyou did not hold a public meeting on your SWPPP in 2006, explain why: na wq-strm4-06 Page 1 of5 3/06 G. The permit requires each MS4 to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.l.a] Please indicate which of the following distribution methods you used. Indicate the number distributed in the spaces provided: Number Number Brochures Q Utility bill inserts Q Newsletter Q Radio ads Q Posters Q Television ads Q Newspaper articles _ Other: _ - Web site* na Other: _ - *Ifyou use your Web site as a tool to distribute stormwater educational materials, indicate the number of hits to the stormwater page in the space above (if available) and provide the URL reference here: http://www.ci.shorewood.mn.us/Pages/Pworks/swppp.html H. At what stage of development do you believe your stormwater education program currently is in? (Check the one that most accurately reflects the current status of your education program as a whole.) o Not started o Research o Development r8J Implementation o Program fully in place I. Have you developed partnerships with other MS4s, watershed districts, local or state governments, 0 Yes r8J No educational institutions, etc. to assist you in fulfilling the requirements for Minimum Control Measure I? If yes, list those entities with which you have an agreement and describe the nature of the agreement(s): _ A. During your public meeting, did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.I-3] Input must be considered prior to submittal of your annual report. B. Did you create a record of comments and your response to comments/record of decision (ROD)? C. Have you kept the ROD in accordance with the permit? [Part V.G.2.b] D. Do you plan to incorporate any comments into your next SWPPP update? [Part V.G.2.c] If yes, list items: DYes r8J No r8J Yes 0 No r8J Yes 0 No DYes r8J No The permit requires each MS4 to develop, implement and enforce a program to detect and eliminate illicit discharges as defined at 40 CFR 122.26(b )(2) into your SWPPP . You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. A. Have you completed the storm sewer system map in accordance with the requirements of the permit? r8J Yes DNo If no, by what date do you expect to have it completed? _ The complete storm sewer system map must befinished by June 30,2008. [Part V.G.3.a] B. Has an ordinance or other regulatory mechanism been adopted to prohibit illicit discharges or other 0 Yes r8J No non-stormwater discharges from entering your system? If yes, provide the date the regulatory mechanism was adopted: _' If no, provide an estimated date of adoption: -' C. Have you developed a program for illicit discharge detection and elimination? r8J Yes 0 No D. If yes, when do you expect that your program will be implemented? - E. If no, by what date do you expect to have a program developed? - wq-strm4-06 Page 2 of5 3/06 The permit requires that each MS4 develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of greater than or equal to one acre or less than one acre but is part of a common plan of development that will be one acre or greater. [Part V.GA.] A. Have you adopted an ordinance or other regulatory mechanism that regulates stot1:1iwater runoff from construction activities that result inland disturbance of greater than or equal to one acre or less than one acre which are a part of a common plan of development or sale that will ultimately disturb one acre or more? B. Does your regulatory mechanism require appropriate BMPs and pollution prevention management measures? If yes, which of the following are included? (check all that apply): D Temporary erosion controls D Record keeping for rainfall and inspections D Permanent erosion controls D Waste controls for hazardous waste D Waste controls for solid waste D Dewatering and basin draining D Regular inspections by site operators D Site plan submittal including erosion and sediment control BMPs D BMP maintenance IZI Site plan review and approval prior to activity on site D Permanent stormwater management facility approval D Other: _ C. Does your regulatory mechanism have sanctions included to ensure compliance, including an enforcement component? If yes, which of the following actions does your MS4 use? (Check all that apply): D Verbal warnings D Written warnings D Stop-work orders D Fines D Forfeit of security bond money IZI Withholding of certificate of occupancy Other: Watershed District IZI Yes D No IZI Yes D No IZI Yes D No The permit requires each MS4 to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. A. Have you developed and implemented strategies which include requirements for a combination of IZI Yes D No structural and/or non-structural BMP appropriate for your community? wq-strm4-06 Page 3 of 5 3/06 B. Is an ordinance or other regulatory mechanism currently in place to address post-construction runoff from new development and redevelopment projects to the extent allowable under law? If yes, provide the date the regulatory mechanism was adopted: 04/03. Ifno, provide an estimated date of adoption: _' C. Is a plan in place to ensure adequate long-term operation and maintenance ofBMP installed as a result of these requirements? D. Do you feel long-term operation and maintenance of stormwater management is adequately funded? [gI Yes 0 No DYes [gI No DYes [gI No The permit requires each MS4 to develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. A. Do you have an operation and maintenance program currently in place? B. Does your program contain an employee training component? [gI Yes 0 No DYes [gI No C. Indicate the total number of structural pollution control devices (manholes, grit chambers, sumps, floatable skimmers, etc) within your MS4, how many were inspected, and calculate the percentage: Total Number Number Inspected Percentage Structural Pollution Control Devices 2 1 50 D. As a result of your inspections, did you repair, replace, or maintain any structural pollution control 0 Yes [gI No devices? E. For each BMP below, indicate the total number within your MS4, how many of each BMP type were inspected, and calculate the percentage: BMP Type Total Number Outfalls 1359 Sediment Basins 39 Ponds 21 TOTAL 1419 Number Inspected 272 8 4 284 Percentage 20 20 20 20 The permit requires that any MS4 with a discharge to a Water of the State that appears on the current U.S. EPA approved list of impaired waters under Section303(d) of the Clean Water Act review whether changes to your SWPPP may be warranted to reduce the impact of your discharge [N.D] A. Have you identified all impaired waters within your jurisdiction, based on the most recent 303(d) listing, which receive stormwater discharge from your MS4? Check here if your MS4 has no impaired waters: 0 B. Do you have a process in place to identify and update the list of impaired waters which receive discharges from your MS4 as new waters are added to the 303(d) list? C. Have you determined that any stormwater discharges from your MS4 are negatively impacting any impaired water(s); therefore, warranting that a revision to your SWPPP to address this issue? Check here if your MS4 has no impaired waters: 0 wq-strm4-06 Page 4 of 5 [gI Yes 0 No DYes [gI No DYes [gI No 3/06 D. Provide the following information of the individual responsible for conducting the review of discharges to impaired waters and any associated BMP modifications: Name: James Landini Title: City Engineer Phone: 952-474-3236 Email: ilandini@ci.shorewood.mn.us E. Did you make a change to any identified BMPs or measurable goals that were submitted with your permit application? [Part V.G.6.b.l] If yes, explain:_ DYes [glNo F. Briefly list the BMPs using their unique identification numbers you used in your SWPPP or any measurable goals that will be changed in your updated SWPPP, and why they have changed: (Attach a separate sheet ifnecessary) na G. [glYesDNo The person with overall administrative responsibility for SWPPP implementation must sign the annual report. This person must be duly authorized and should be the person who signed the MS4 permit application or a successor. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). x~__~ Authorized Signature (This person must be duly authorized to sign the annual report for the MS4) 6~- ~ I ~ () 00 7 Date Landini Last Name 5755 Country Club Road Mailing Address Shorewood City 952-474-3236 Telephone (include area code) James First Name City Engineer Title ~ 55331 State ZIP code jlandini@ci.shorewood.mn.us E-mail Address wq-strm4-06 Page 5 of5 3/06 CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM TO: Mayor and City Council Craig W. Dawson, City Administrator FROM: James Landini, City Engineer 9 DATE: June 21,2007 SUBJECT: Setting Date for Public Information Meeting - Amlee Rd., Manitou Lane and Glen Rd. Staff recommends that a public information meeting be scheduled for Wednesday, July 18, 2007, from 7:00 p.m. to 8:30 p.m., at the Shorewood City Council Chambers to discuss infrastructure improvements. Notices will be sent to all residents on and around the subject roadways, in addition to posting the date on the City's web site. COUNCIL ACTION Staff recommends a motion be made to establish the Public Information Meeting on July 18, 20077:00 p.m.. *''' t . PRINTED ON RECYCLED PAPER .., CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us June 18, 2007 Dear Resident: The Shorewood City Council will be holding an Open House to receive public comments for improvements being considered to Glen Rd., Amlee Road and Manitou Lane. This Open House will be conducted on Wednesday, July 18th, from 7:00 PM to 8:00 PM at Shorewood City Hall, located at 5755 Country Club Road. Currently under consideration is the reconstruction of Glen Rd., Amlee Road and Manitou Lane. This concept is certainly dependent upon comments by the residents of the area and further design investigation. Under current City policy, anytime that a roadway is to be reconstructed, the City Council has directed that the residents of the impacted area be surveyed to determine the level of interest for municipal water. This prevents roadways from being reconstructed, only to be destroyed by a watermain proj ect later on. Current survey results can be located at http://www.ci.shorewood.mn.us/Pages/CityHall/proj ects.html. The comments provided from residents along the project are vital to the overall completion of the design for improvement project. Therefore, the City is requesting your input on these issues. Residents can indicate their desires regarding water or the roadway project by any of the following communication methods: . Attend the open house on July 18 . Fill out the attached comment sheet and mail to or drop it off at Shorewood City Hall, 5755 Country Club Road, 55331. . E-mail commentstocityhall@ci.shorewood.mn.us . Leave a voice mail comment on the 24-hour Shoreline at (952) 474-3236, Ext. 1. . Fax (952) 474-0128 Again, your comments are vital to the overall completion of the project. We look forward to hearing from you. If you have any questions, please call City Hall at (952) 474-3236. Thank you City of Shorewood ~~ James Landini, P.E. City Engineer *'. t . PRINTED ON RECYCLED PAPER .., CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, P.E., Director of Public Works FROM: James Landini, P.E., City Engineer DATE: June 21, 2007 RE: Private use of Public Drainage and Utility Easement 5635 Fairway Drive Mr. Putnam and Ms. Gallagher of 5635 Fairway Drive have requested the City of Shorewood for permission to construct a sump pump discharge pipe, at their cost, within the Public Drainage and Utility Easement that encumbrances 5655 Fairway Drive. The discharge pipe would convey sump pump discharge to the pond south of 5655 Fairway Drive. Currently they are discharging their sump pump overland to their southeast property comer, which results in standing water on 5655 Fairway Drive. The current overland conveyance does not have a sufficient drop in elevation to convey the runoff. 1. The goal of Country Club Meadows development was to direct runoff and sump pump discharge south. 2. Discharging the sump pump pipe south benefits the residents of 5635 Fairway Drive, the City of Shorewood, and 5655 Fairway Drive. 3. Mr. Putnam and Ms. Gallagher have requested this use. Recommendation Staff recommends that the City Council approve a motion authorizing a private sump pump discharge pipe be constructed and used by Mr. Putnam and Ms. Gallagher, at their cost, within the Public Drainage and Utility Easement on 5655 Fairway Drive. *'. t . PRINTED ON RECYCLED PAPER .., '1 ~ ..)i 06/20/2007 WED 14: 26 FAX 952 742 6349 Cargill Inc 1lI001/OOl Putnam, Chris. Chris Putnam@cargill.com Subject: Private Use of Public Drainage and Utility Easement - 5635 Fairway Drive Mr. Landini, As we discussed, my wife Eva Gallagher and I request that the City of Shorewood authorize us to construct a sump pump discharge pipe within the Public Drainage and Utility Easement that encumbrances 5655 Fairway Drive for the purpose of ~:~a;:;:;:e pond south of 5655 Fai~ay Drive Thank you. ~ pu~n~-- 5635 Fairway Drive Shorewood, MN 55331 952/240-2395 (cell) 952/380-3499 (home) 1 fU~W~S03 ..I+!l!fn puo ;}DOUIOJO-- . , \ :! "r9,8Y.I S \ ___ 00 '99S--- L__ 91'1181 '"'> '" I I I - e-.l.(;) tI:l . ~~ OJ I 1 I <;;O'Ocl M ..p<;;,n.t <.0 ~I g I ,<1r < <"I O;~.;; /,." \ Lh<i~'" \ 66'[[ 9<;;'[OZ l.[) LZ'8Zt I,. " ZO'M ..q- L<;;'991 ~I ~I oJ - t$ y ~ :2: V\ 0 <: 1.M ,,90,91.88 S -,.---00 '09 r , J"..,-- ~ <"I ,.-: C\.j .... ! - ~,.J :1 ,,1'9,87.1 S ---s1""6t8--- :1 ,,90,91.88 N I 00 '09----1 I I -~ -- -- --_._~. N I ""1 ~I ~I II--. V) r~' , 1'9'<;;11 \ ,....- I to) I ,.... oi lu"'l I . \ <0 '< a..-.'\ \oC\.j ...."-: '!t) ~.... <:: \ \.. _----------------1U;}Waso3 ..IU/!U ___-/-;;. pUo "DOUID)( / \f / iOlinO ~?101"16q~3. " n6'J I f)?J. . 14 M . : _ 5"- 96 . ~ II .M ( tfr.t91 f' ,131'27500 C3--- M R_15 . f'r'QOZ I 86.13 3 .8L,9fr.t N---.:' gATi-7TT I a \ ..L ........ i.() f'fr'OOZ \ I __ - - C6/ ~ r-- 98 "frpJ -- 1:3. 5;_ O~:,., I LJ ",,20'Z k V) IL;j JL ,.... t<) ~ o;j fo<) C'\J I--. V) L;j J L- pp.tft p6.t8t t'SZ8--- .AI. ..r9,a'0.8 N f6'O CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 MEMORANDUM DA TE: TO: FROM: cc: SUBJECT: June 21, 2007 Honorable Mayor and Members of the City Council Bonnie Burton, Finance Director/Treasurer ~~u Craig Dawson, City Administrator Comprehensive Annual Financial Report (CAFR) For the year ended December 31, 2006 The City of Shorewood Comprehensive Annual Financial Report (CAFR) for the year ended December 31,2006 was distributed last week for your review. The CAFR document reports the year's financial activity and the financial status of the City at year-end. Also included with the report was the Management Letter (the twenty-five page document dated April 5, 2007) and the Minnesota Legal Compliance letter. Mr. Andrew Berg, CPA, with the independent audit firm of Abdo, Eick & Meyers, will make a presentation about the annual audit of the City's financial activities for the period ending December 31,2006, at the June 25, 2007 City Council meeting. Following the presentation, the City Council is requested to accept and approve the 2006 Certified Annual Financial Report (CAFR) by simple motion. #'" f: t PRINTED ON RECYCLED PAPER ..., CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 June 2007 RE: Application Fee - Sketch Plan Review FILE NO. 405(Subdivision Code) When our current Subdivision Code was adopted a couple of years ago, a process was established for sketch plan review of development requests. Developers are allowed to submit basis information relative to their plans for subdividing property. City staff is able to identify potential issues or code requirements that need to be addressed in a more formal preliminary/final plat process. The result is that the applicant spends less time and money in the platting process. When the code was adopted, no application fee was established to offset the City's expense (primarily staff time) in conducting the sketch plan review. Historically, Shorewood has passed development-related expense on to the developer. In keeping with that policy, staff is recommending that the City's fee schedule be amended, establishing an application fee for sketch plan review. As with other land use fees, we suggest that the amount be adequate to cover the "typical" application. In the case of sketch plan review it would be common to spend the following amount of time: . Initial meeting with applicant - 1 hr. . Site inspection - 1 hr. . Meet with other staff - 1 hr. . Prepare staff report/letter - 2 hrs. Senior staffloaded labor rates are in the range of $55-60. Staff recommends that the fee be set at $200. In the event the expense exceeds the fee, the application form states that when the developer signs the application, he/she agrees to cover the City's expense in processing the application. Q<f> f ~ PRINTED ON RECYCLED PAPER Ill'" Memorandum Re: Fees - Sketch Plan Review 21 June 2007 State law requires that fees associated with land use applications, must be subject to a public hearing, which has been scheduled for next Monday's Council meeting. Since I am on vacation next week and will not be at the meeting, I am forwarding this memo bye-mail in case Council members have questions relative to staffs recommendation. Feel free to contact me at home by phone or e-mail. My home e- mail is abinielsen@comcast.net. No action needs to be taken Monday night. The actual amendments/updates to the fee schedule are on the agenda for 9 July. Cc: Craig Dawson Tim Keane J ames Landini Larry Brown Bonnie Burton -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 MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Public Works Director FROM: J ames Landini, City Engineer DATE: June 21,2007 RE: 5615 & 5635 Fairway Drive Easement Vacation Mr. and Mrs. Gutierrez of 5615 Fairway Drive and Mr. Putnam & Ms. Gallagher of 5635 Fairway Drive have requested the City of Shorewood to vacate the drainage and utility easement within their former lot boundaries. The lots have had minor subdivisions with new drainage and utility easements placed along the perimeter of the new lot boundaries as required by zoning ordinances. The City Council adopted the minor subdivision under resolution 05-089. The requested easement vacations are the existing easements located in the middle of their yard. Drainage calculations were requested to ensure the proposed development and future development would not increase rates of runoff to the neighboring downstream properties on Glen Road and Harding Lane. These neighboring properties receive drainage from Fairway Drive properties by overland flow or underground pipes. Current proposed development includes grading and an artificial turf sport court. Drainage calculations have been submitted and will need revisions. Recommendation Staff recommends that the City Council approve the attached resolution vacating the drainage and utility easement contingent upon improvements per drainage calculations approved by the City Engineer. *'. t . PRINTED ON RECYCLED PAPER .., CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING EASEMENT VACATION AT 5615 & 5635 FAIRWAY DRIVE WHEREAS, Notice of Public Hearing on the proposed vacation of certain drainage and utility easements on 5615 & 5635 Fairway Drive in the City of Shore wood, Hennepin County, Minnesota, was properly posted and published in the Exce1siorlShorewood edition of the SUN SAILOR NEWSPAPER on the 14th and 21st day of June, 2007, and WHEREAS, the Council of the City Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 25th day of June, 2007, in the Council Chambers at the City Hall. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the drainage and utility easements described in Exhibit A, attached hereto and made a part hereof, be and hereby are vacated contingent upon improvements per drainage calculations approved by the City Engineer. BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY WE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of June, 2007. Christine Lizee, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk REceiVED JUN. 0>4 Z007 CITY OF SHOREWOOD December 28, 2005 City of Shorewood City Council c/o Brad Neilson City Planner Shorewood City Hall 5755 Country Club Road Shore,vood,N~ 55331 Dear City Council: We respectfully request dle City of Shorewood to vacate the original drainage easements located on what was dle back property line of the following 2 properties: (1) 5615 Fairway Drive, Shorewood, N~ 55331, Lot 7, Block 1, Country Club Meadows, Hennepin County, Minnesota (2) 5635 Fairway Drive, Shorewood, rAN 55331, Lot 8, Block 1, Country Club Meadows, Hennepin County, Minnesota. As the City is aware, new drainage easements were granted to the City on dle new back property lines in connection with the minor subdivision of the adjacent Ohland property, and the conveyance of a portion of the Ohland property to Gutierrez and Putnam. Below are the legal descriptions of the original drainage easements that we wish to have vacated: Gutierrez Original Drainage Easement: The East 40 feet of Lot 7. Block 1, Country Club Gardens Putnam Original Drainage Easement: The East 40 feet of Lot 8. Block 1, Country Club Gardens Both Gutierrez and Putnams have granted new easements over dle new Easterly 40 feet of dleir new, expanded lots. These old easements are now in dle middle of dleir back yard and serve no purpose. -2 January 25, 2006 Regards, :;?1tr:.f1t- i~~~ Ro~~t & k;,~n cg.errez (/ EASEMENTS TO BE VACATED Drainage and Utility Easements located as follows: 1. The East 40 feet of Lot 7, Block 1, Country Club Meadows, except the North 10 feet of the East 40 feet. 2. That part of Lot 7, Block 1, Country Club Meadows, that was dedicated as a utility and drainage easement in the plat of Country Club Meadows, which is enclosed by a line described as follows: Beginning at the most Northerly corner of Lot 8, Block 1, Country Club Meadows, thence South 01 degree 43 minutes 54 seconds East, assumed bearing, along the East line of Lot 8, a distance of 29.14 feet, to the North line of the utility and drainage easement conveyed to the City of Shorewood by Deed filed October 20, 2005 as Document No. 4177785; thence in a bearing of West along the Northerly line of the said easement, into Lot 7, to the Northwest line of the 10 foot utility and drainage easement dedicated in the plat of Country Club Meadows, which adjoins and is Northwesterly of the Southeast line of said Lot 7; thence North 55 degrees 13 minutes 48 seconds East along the North line of the said Easement, to the East 40 feet of said Lot 7, thence South along the West line of the East 40 feet of said Lot 7 to the Southwest line of said Lot 7, and the line there terminating. 3. The East 40 feet of Lot 8, Block 1, Country Club Meadows, except the South 10 feet of the East 40 feet, and except that part of Lot 8 which was conveyed to the City of Shorewood for a utility and drainage easement by Deed dated October 20,2005 as Document No. 4177785 which is described as 10 feet North and South of a line described as: Commencing at the most Northerly corner of Lot 8; thence South 01 degree 43 minutes 54 seconds East, assumed bearing, along the East line of Lot 8, a distance of 39.14 feet to the point of beginning of the line to be described; thence on a bearing of West, 57.54 feet to the Northwest line of said Lot 8, where said line terminates. Exhibit A /'-~ " / '......"-~._._-- --_.-././ ...-' :-- ".J , 1 --., . ." , I .",' L ...... .F-:-'-~ " '..,;.; .-..- /_, .~. ; . '. I '--,.-.. '. .-/ I N 3.02' 54" .". ~--823.1 184.94 II ---.... ~ t:.: .... N V) ~ IN ~I I~ 1(0 --; ~ --;1 I&; ~ I~ C7 I I ~ 1.44.86-.J 55.57 Vi _9:)-- _/ I 200.43 ,_ I Vl ~,r.= \ "" t ,Un 1;\ "I ,,~. ,-N 1"46"8"E _._" _..' "I ....J \0 ~ ~ . gg I 200.43 / \~ . Lr;;~-tJ I W ,_ _ ~9 \0 00 Z. ~ r v , 151.41 )WIVl r'l v<,;,r;; I IC) . 96 ...' I " W t~ 1;:;(j / rt 9~'0~"'~ OUTLOT / A H 0'0' L- I / Irainage and' ".~---, ltility rasement------------------ '\ \ ..f:>. ~I V) --;1 30~56_~pW /l" \ lT1 1Q\,t- /IQ( I ~ ~ I.'~ ~ ') 1> I ~ I~ --.... ~ 0 '^ Z ~ ('\ $> - (" 128.27 0.93 li : 131.44 ..... " .>~I ~ V) --;1 Q) I I I C() (.Qt! ~t/) Ol"i ..... I I I 1....-- C9--- Vl 10 ...--C 16-, 49.02 1'43'54'" W G-; '. .I,; .... ~ ~ .... ~ .... .(. j-- I 7---60.00 I N 88.16'06" E ---349.43--- S 1.43'54" E I . , \ \. .I I I I I "..- '. f \ .... -... , - i. ----- --_.- -.-.' ....,..--. - " ~ J : j-; ___.l._.~__._r-.-. -' <. --- WEST U1 9 o t; <i "';, fT1 .--- ~ ~ ~ ~.:: (,}O[>-.J 0,11 II 0, 'II :" '?, O'l ~~c>>1f ol>o -~ o N..,. '" O-.J - ...... .,- '" r ..... ;a '-< ~ ~t~"" "<.' ... ,-I" <"'0 I., J-J-'l., '-.' ii:~:i~ ~jln ~ ?I:;Qo ~ . ~!~r8 ff~~ C1 :I: I ~8 i ~ ; pi' :n en ~ ~ i" cl :;[ H ~ it':l gQ. 9.: tll "0 ~f S:a. ~ ~ [a :c ~ 5 m i!;i !. c :n 3 &" ;u · J.~ ;:: a !~ ~ .!!' III "1J Jif ~I ::> c. j ~ ~ H l? ~ ! g I ',;' ~ ~. ~ m ~ ":' I" Z " .0 . ~ ::> .... 'il. ~ Cl. II!. III ~ H " Gl :- I 3 I ~ ~~ !B ~ Gl '15 ~ ill . )> ~=l % N '" r ~!ii I S; ~'" f ~ '" 'if ;r c ffi '" 0 } . ;u '" 5' iii ~ 0 0 :z ~ ~ . ~ .. ~ H ;gi::j~ Cii'73:i :I~ P'H- !!.:li ;~ll~ ~i~i~ 'O" ~~ Om "',.. .rJ ::-<;: :: -!!.a.? 0 0,. """ [P.r"gg ~li~i i- ~;. 2.t::~5"tY .... IIClc 0' 5'i ~~g9.~ m~~~! J ~i lt~g:lt!?. iii~~ ~g~~ ; ~g' ....:E._~ct ~ A ^ ~ liT" I I IVlnl ~t I VU r'f C"fI. I \"L.~LI "'i N. UNE: OF LOT 1.7. AUD. SUB. NO. 1 JJ '\ 189.85 --.... .~ r'l U) -::I .~ c5 o CJ z 9 :. I'~ "'. :-1 01 ...,- oj>. -'- , =0 )> ~CJ ~CJ C> :~ <:5 ~~ 'U ;IJ o "1J o ffi o ~ m ;;: m z -; (fl ./ ~a2'-. "- nll\~ C~U1 ;:x O?,j i'iio 00 . 0 Iii :0 \ . \ \ 1 I I (JJ 1 -"....Ztn>C ~~gg5~ ~:i!:i!"'-o Pc:o;:i?Q Z"10> ~"':;!O~ !"!il"'~ Zr- -I~ p~ :;: ; .':.' ..~..-' .... , \ >'" ~~ IIlC C:z !'1m C!il "'.- o ... ;; .~ .- Pl U) --1 .; 2) o CJ CJl :::TJ CJ )> CJ ,..~ ~U~ "'\PF t:i-!3! ~ml'll t artiit ~~ii Ill! ~" ~j~ \I8~ g/l~ . \ ji~ N'~ to ~'A .t, 6h~V\J if'f"n-'( ::t:~" Si~ ::t:-< ~~~ :liS ~1' g~ g~~ U ~ . ~ !il 'lil !ll 0 , In m c '" ~ ;J i i '" " ~ p ::'1 ::'1 Exhibit C ::t:..... ~-< ::t:' li:Dm 00 :li! O:D ig gl g(31rl 0",'1 ~~ 0 ~~o iii CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 20 June 2007 RE: Bowman Court - Proposed Street Vacation FILE NO. Streets (Bowman Court) In May, the City Council approved the final plat for Bowman 3rd Addition, a subdivision creating three new lots in Deephaven that would be accessed from Manor Road in Shorewood. Since the new road serving the Deephaven lots is to be privately owned and maintained, the plat included a vacation of the public right-of-way previously platted as Bowman Court. Vacation of public right-of-way requires that the Council conduct a public hearing, which has been scheduled for Monday night. Staff recommends the vacation, subject to the resolution (attached) being recorded contemporaneously with the final plat for Bowman 3rd Addition. . Cc: Craig Dawson Tim Keane J ames Landini Larry Brown Mark Kawell Q'b ii' 'b PRINTED ON RECYCLED PAPER .... CITY OF SHOREWOOD RESOLUTION NO. RESOLUTION VACATING BOWMAN COURT WHEREAS, Notice of Public Hearing on the proposed vacation of the public right-of- way for Bowman Court in the City of Shorewood, Hennepin County, Minnesota, was published in the ExcelsiorlShorewood edition of the SUN-SAILOR NEWSPAPER on the 14th and 21 st days of June, 2007, and in the the LAKER NEWSPAPER on the 16th and 23rd days of June, 2007; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 25th day of June, 2007, in the Council Chambers at the City Hall. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the public right-of-way legally described as Bowman Court, be and hereby is vacated. BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of June 2007. CHRISTINE LIZEE, MAYOR ATTEST: CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 June 2007 RE: Scherber - Appeal Zoning Violation Notice FILE NO. Property (5080 Shady Island Trail) Our office received a resident complaint, alleging that the above-referenced property owner had added fill and paved his driveway over his property line onto an adjoining residential lot. The vacant lot (see Exhibit A) is owned by the Shady Hills Homeowner's Association. The complaint also cited a small utility building and various construction materials that had accumulated on the property over the years, and that a large boat and trailer occupies the newly enlarged driveway. Upon inspection of the subject property, the complaint was found to be accurate. A zoning violation notice was sent to the Thomas and Patricia Scherber (see Exhibit B, attached). The same notice was sent to Shady Island HOA, since it is the owner of the vacant lot and ultimately responsible for it. Mr. Scherber's attorney, Greg Lang, has appealed for additional time (see Exhibit C), suggesting that his client may have a claim for adverse possession. His appeal does not specify how much time he needs. Since then, Mr. Scherber has contacted our office by telephone, indicating that he may request a variance to allow his driveway to extend up to the property line, instead of the five feet that is required. Presumably, the other elements ofthe violation would be corrected. With respect to adverse possession, I have spoken with the City Attorney about it, and we are in agreement that any extension of the deadline should stipulate that the property owner will bring their adverse possession claim within 30 days. Further, the case must be resolved within six months. It is understood that the court may take *'. t . PRINTED ON RECYCLED PAPER .., #7A. Memorandum Re: Scherber Appeal 21 June 2007 longer than that to resolve the matter, in which case the owner should apply for an extension before the six month deadline expires. If the Scherbers decide to apply for a variance, the deadline extension should be conditioned upon them submitting a complete application, including an up-to-date survey, by 13 July. This will allow the matter to be placed on the 7 August Planning Commission agenda. The Council would then consider the variance application at its 27 August meeting. Failure to comply with these extended deadlines should result in the matter being turned over to the City Attorney for legal action, without further notice. Cc: Craig Dawson Tim Keane Steve Mayeron Patti Helgesen Thomas and Patricia Scherber -2- I 'tN~ Ill=- 2..fX" I \'0 't' \~ ~ 6' .-'. \ 1..0.. ~ t-t\, ^i\[toV\ ~ \ \ tZ4Jtt~ IiJtJtrb ~4J .lJ SHORE WOOD -+ GOVT LOT 2 @ !b!ff@J!ff1lt!1J}) Exhibit A SITE LOCATION Scherber Zomng V 101ation CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us' cityhall@ci.shorewood.mn.us Celebrating 50 Years · 1956 - 2006 25 May 2007 Thomas and Patricia Scherber 5080 Shady Island Trail Shorewood, MN 55364 Re: Zoning Violations - 5080 Shady Island Trail and adjacent Association property P.I.D. Nos.: 30-117-23-13-0015 and 0009 Dear Mr. and Mrs. Scherber: Our office has received complaints alleging that a shed, boat and trailer, and other material is being stored upon the above-referenced property in violation of Shorewood's City Code. The items cited below all appear to be on "Shady Island Association" property, which is a separate vacant parcel adjacent to your front lot line. Upon inspection of the property we found the following Code violations: .8' x 12' shed . Boat, Lic# lVlN 3167GR, on Trailer, Lic# CMT 06090 (Feb'08) (The above listed items are in violation of Code Sections 1201.03, Subd. 2.d.(3) AND Section 1201.12, Subd. 3.) . Wood; screen door; window screens; gas cans; blocks; sign frame; pails; trash cans; tarps; shingles; similar miscellaneous. (see City Code Chapter 501, "Notice to Remove", enclosed as separate notice) Incidental findings include: . Bituminous and Class 5 material driveway/parking surface encroaching onto Association Property Storage of vehicles, equipment and other items is an accessory use of property. In residential zoning districts, such use is incidental to residence upon it and therefore not permitted on vacant land, with or without the permission of the landowner(s). Driveway surfaces are subject to a 5-foot setback measured from the lot line - within the property they serve. Exhibit B rf/V<J PRImED ON RECYCLE ZONING VIOLATION NOTICE ClC7 Thomas and Patricia Scherber 25 May 2007 page two This is to advise you that the use of the above-referenced property is in violation of Shorewood zoning regulations and that the violations must be corrected immediately. The property will be inspected for compliance on or about 6 June 2007. Any violation found to exist at that time will be referred to the City Attomey for further legal action. If you wish to appeal this matter to the City Council, you must do so, in writing, before 6 June 2007. If you have any questions relative to this matter, please do not hesitate to call me. CITY OF SHOREWOOD /1 . "'./) - , ~.4(e61l1 r-eil-a<V Bradley J. Nielsen Planning Director BJN:ph cc: Tim Keane Joe Pazandak Shady Island Assoc. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us Celebrating 50 Years. 1956 - 2006 DATE: 25 May 2007 TO: Thomas and Patricia Scherber 5080 Shady Island Trail Shorewood, MN 55364 PROPERTY LOCATION: Shady Island Association common property PROPERTY IDENTIFICATION NO.: 33-117-23-13-0009 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GWEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.05, Subd. 9 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: Wood; screen door; window screens; gas cans; blocks; sign frame; pails; trash cans; tarps; shingles; similar miscellaneous. You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever legal action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lien against the property. *** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION *** BY ORDER OF THE SHOREWOOD CITY COUNCIL (J'iJ i/",.;> PRINTED ON RECYCLED PAPER Page 1 of 1 Brad Nielsen From: Brad Nielsen [bnielsen@cLshorewood.mn.us] Sent: Thursday, June 07, 2007 11 :09 AM To: 'greg lang' Cc: 'tim.keane@leonard.com' Subject: RE: 5080 Shady Island Trail Mr. Lang, Your request for an extension of time will be considered at the City Council's 25 June meeting. No further legal action will be taken until after the Council considers your request. We will send a copy of the agenda for that meeting to you and the Scherbers in advance of the meeting. In the mean time, it would be useful to know how long your adverse possession action may take. Brad Nielsen ~~~~~~~~___~~_~m_~__,___~,,,~_~~~__~-:_...,.,...~,._~.___~~^~~m~",C"~__~,,~_~~__~_,_m__'~ From: greg lang [mailto:greg@langlawoffice.com] Sent: Wednesday, June 06, 2007 3:59 PM To: Brad Nielsen Cc: t.p.scherber@aol.com Subject: 5080 Shady Island Trail Mr. Nielsen: As you will recall, I represent Mr. Thomas Scherber, owner of the above property. You and I discussed driveway setback and shed location issues concerning Mr. Scherber's land. Mr. Scherber advised me that the driveway has been located within the setback from the time it was constructed in 1976 and that the shed has been in its present location for many years. Moving the shed and driveway would be a hardship for Mr. Scherber. It appears that Mr. Scherber may have a claim for the land in question under the law of adverse possession. You advised that you would telephone me after you further researched the matter. I look forward to your call. On behalf of my client, I respectfully request an extension of time to address these issues. Thank you for your cooperation. greg lang Exhibit C SCHERBER APPEAL VIa E- mall 6/7/2007 Certi ficate of Survey for Vern G. Zeller in Lot 5, Shady Island Hennepin County, Minnesota . ':S;;; .;trr:i', !,tliy ,dr., J L/Cj (/' 1>1 ~ I hereby certify that this is a true and correct r~presentationl6f a survey of the bounrn- nies of Lot5,.SHADY .I:SLf,ND,E)(yEPT ,t)1,e Northwester.ly .8.00 feet thereof. and also EXCEPT that part of said Lot .5.,descri-bed .as..,foJlows: . -. '. _ ." ...... Beginning..:.at.a :point'on::.theSouthwesterlyUne of said L.ot 5, distant 16.00 feet Southeasterly .from th~mos~Westerly corner of said Lot 5; thence Northwesterly along said South~esterly lin~io an i~tersection with the Southeasterly line of the Northwesterly 8.00 feet of said Lot 5; thence Northeasterly along said Southeasterly line of the Northwesterly '8.00 feet a distance of 131.67 feet; thence Southwesterly to the point of beginning, according to the plat thereof o~ file orof:record in the office of the County Recorder, Henneoin County, MInnesota, ..' , . . . . and the location of one'existi~g ~uilding thereon. It does not purport t6show other improvements or encroachments. AI.,,) .,.- ( ;"J k-,:,'G)1,JJ' . 0.,., " rID I1~NN S:. :'1"... A. ; ""''iL- ",,", t " " , ",. _.1.. f I -shd i:l3 iTt:f-4"'S Scale: Date o 111 = 40' 9-22-86 Iron marker ~Yi-- \2- S ita) GL ,If:>-s,, 0.; $~ !'L~E: ,"'.......1 ~,... - "', , - ...~ C.lt\~ \j t, t\ \ f.LEw c(AJ 1'~v.e._ .J ()(itfj ". ]~ COFFIN & GRONBERG, INC. Mark S.Gror Enqineers ar Long Lake, r Exhibt D PROPERTY SURVEY VIOlatIOns Illustrated CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.cLshorewood.mn.us . cityhall@ci.shorewood.mn.us MEMORANDUM DATE: June 21, 2007 TO: Mayor and Council Members FROM: Craig W. Dawson, City Administrator/Clerk RE: Park Commission Appointments In March, 2007, Council interviewed three candidates for one open seat on the Park Commission. One of these three candidates was appointed to fill the open seat. Recently, Park Commissioner John Moonen submitted his resignation from the Park Commission. Council may consider appointing one of the remaining two candidates who applied in March, to fill this recent vacancy. . Travis DeMers, 24185 Wood Drive . Steve Quillian, 5795 Brentridge Drive A copy of each candidate's letter of interest is attached. The term to be filled goes through February, 2008. A resolution making the Park Commission appointment for the term ending February 29, 2008, is provided for Council's consideration. Council Action Should an appointment be made at tonight's meeting, a motion to adopt a Resolution making the Park Commission appointment is in order. *'. t . PRINTED ON RECYCLED PAPER .... CITY OF SHOREWOOD RESOLUTION NO. 07- A RESOLUTION MAKING PARK COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to serve on the Park Commission; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointments to the Park Commission effective June 25, 2007, with the term expiration as indicated: Park Commission: Member Term 1. February 29, 2008 Said appointments complete the seven member Park Commission which consists of the following additional members: Member Term 2. Jeremy Norman February 29, 2008 3. Howard Young February 28, 2009 4. Robert Hensley February 28, 2009 5. Sue Davis February 28,2010 6. Josh Trent February 28,2010 7. Paul Alegi February 29, 2010 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of June, 2007. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk I am interested in the position, can you tell me about it. I am sure I am more than qualified. Travis DeMers Shorewood Resident _.. 0""\ r-I""'t..... ----- see attached resume .....~_=,'~.____.,_,_'"~_...M..__~~"._.....__._..__~~.~..._."...__'_"U"_._~___.,,_.._...,_-.._._,_.___,_'_..""_'_^~"_''-,.---'-~--'"-'-"-,, . -- --_...--._--_...,-~-.~,._"-.-..._.,._-_.__.._--,-,-----_.._^'...__._.._..,_.__..,,,.,^~-..._._"..._..--_...--_._-.,,...,.-.."-,^.._"..----~.."_.,,......_-~_.._,.,-' AOL now offers free email to everyone. Find out more about what's free from AOL at AQI."cQm. 3/14/2007 ~B, Travis G. DeMers 24185 Wood Drive Shorewood, MN 55331 OBJECTIVE A rewarding position with a modern, innovative company utilizing my business, technical, training, investment, property development and entrepreneurial experiences. EXPERIENCE Present Edina Realty REAL TOR@ 2/93 - 9/06 Jacks Telecom/UNATEL (owner/founder) Phoenix, AZ (Sold office) · All phase of running a Voice and Data company · Providing training to new Telecom technicians and cable installers · Meeting with customers, designing their phone and voice mail systems · Telecom equipment repair and refurbishing · Daily business office operations accounts payable and receivable · Maintaining and servicing high-profile government accounts · Onsite and remote customer training and instruction (individual and classroom) · Experienced voice and data telecom technician · Scheduling installations and service requests · Trade show planning, setup and execution · AT&T, Lucent, Avaya, Toshiba, 3com, Nortel, Intertel, TIE, NEC, Nitsuko, Atlas, V odavi, Bogen, Viking, Valcom, Music on Hold, and most V oiceMail systems 2/91 - 1/93 1/89 - 2/91 1/89 - 9/90 6/83 - 1/89 TransWest Telephone Co. (Sales & Service) Phoenix, AZ Hawaiian Communications (Technician & sales) Honolulu, HI Pan Oceanic Investments (Licensed Stock broker) Honolulu, HI US Navy Special Operations (Navy Diver) Worldwide EDUCATION · Hawaii Pacific College (now University) · University of Hawaii · Mesa Communty College AZ · Telecom Industry (numerous) · US Navy (Aviation and Diving) · Southwest High School (Minneapolis) Business Administration Business Administarion Various classes V oice and Data courses Various Schools and Courses Graduated '83 ACHIEVMENTS United States Patent (Utility Patent) United States Trademarks Fitness & Rehabilitation Device Various registered trademarks Page 1 of 1 Jean Panchyshyn From: Steve [smq1 OOO@yahoo.com] Sent: Friday, March 16,20077:49 AM To: 'Jean Panchyshyn' Subject: Letter of Interest - Park Commission Attachments: Steve Quinlan Letter of I nterest.pdf Jean, Attached is my letter of interest to serve on the Park Commission. If you or anyone else have any questions please feel free to contact me at any time. I'll look forward to meeting you on March 26. Thanks, Steve Quinlan ;ze. . 3/16/2007 Mr. Steve Quinlan 5795 Brentridge Drive Shorewood MN 55331 March 16, 2007 Mr. Craig Dawson City Administrator City of Shorewood 5755 Country Club Road Shorewood MN 55331 Dear Mr. Dawson: It is my understanding that there is an opening on the City of Shorewood Park Commission. I would like to be considered for that position. Let me provide you a little background information on myself and why I'd like be an active participant in the Park Commission. I'm 44 years old and I recently moved to Shorewood from South Minneapolis with my three children 14, 10 & 10. Previous to that I lived in Chanhassen for several years. I have also lived in Southern California. I moved back to this area for the wonderful schools and for the quality of life this area affords. Professionally, I own a small software business and have worked on entrepreneurial endeavors for the past 12 years. I have a degree in electrical engineering and an MBA, both from the University of Minnesota. I am also a registered professional electrical engineer (PE). I have reviewed chapter 202 of the City Code detailing the purpose and obligations of the commission. I'm interested in serving on the Park Commission for several reasons. First, is my desire to become involved in city government for the betterment of the city and to improve how it can best serve its citizens. Shorewood is a wonderful community and I am very interested in becoming more involved in orderto help maintain its charm, vitality, and livability for my family and future generations to come. Because parks exist serve all of the city's inhabitants I think parks are a strong indicator of the overall commitment to its citizens. My family and I have been reliable users of the parks in every city we've lived. In return, I'd like to give something back. Given my background and my passion to help maintain Shorewood as the outstanding city it is I think I could be a valuable asset to the commission. Thank you for allowing me the opportunity to pursue serving on the City of Shorewood Park Commission and I'll look forward to meeting you on March 26. Best regards, Steve Quinlan CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236 FAX (952) 474-0128' www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us MEMORANDUM FROM: Mayor and City Council Craig Dawson, City Administrator James Landini, City Engineer Larry Brown, Director o[Public W arks ~ June 21,2007 TO: DATE: RE: Proposed Change Order for the Radio Read Meter Replacement Project City Project 07-04 On May 29,2007, the Shorewood City Council awarded the contract for replacement of a portion of the city's water meters and automated system to Northern Water Works. Attachment 1 is the bid tabulation for the proj ect. At the time of the award, there was discussion as to whether the city should proceed with replacement of the larger 2 and 3 inch diameter meters, due the small number of them, and the potential cost savings by not replacing these meters. If not replaced, these meters would continue to be read manually. The cost savings, under this contract, if the City opts to not replace the meters now, amounts to $31,964.17. Ultimately, these meters will need to be replaced to insure that the City is accurately measuring the flow used. However, it appears that there is still some service life left in the large meters and can remain unchanged. This should be reevaluated when the city completes the second phase of the meter replacement program. During the bidding process, staff had also been performing further research on the need for I-inch diameter meters, versus a smaller meter known as a 5/8 x % inch meter. The proposal that was published for bid has an estimated quantity of 207 I-inch diameter meters, versus the standard 5/8 x % inch meter. This takes a bit of explanation. Previously, the city had been supplying, what is known as a 5/8 inch Sensus meter, as the standard meter. Sensus is the brand name and the 5/8 inch represents the diameter of the meter. Many residents that had installed this standard meter where they also had an irrigation system experienced loud and annoying vibrations, while the irrigations systems were running. Many other cities were experiencing the same issue. *'. t . PRINTED ON RECYCLED PAPER .., Mayor and City Council Change Order 1 Radio Read Meters June 21,2007 Page 2 of2 After spending a considerable amount of time with representatives of Sensus, the proposed solution to cure the vibration issues was to up size the meter to a I-inch diameter meter. While the flow demand itself did not require the larger meter, the mechanics of the way the meters measured the flow solved the vibration issue. The meters to be supplied under the current contract with Northern Water Works, utilizes a completely different style meter in the mechanics of how it meters water. It is a better more stable system than the Sensus meters utilize. At the time of bidding, staff had not been able to verify the need (or lack of the need) for up sizing the meter for homes with irrigation systems. As it turns out, the new style meter does not have the issues of vibration that the Sensus meters have. This has been verified with the manufacturer and other municipalities that have used the new style meters. Therefore, staff is also proposing a reduction in the contract of the number of the larger I-inch meters, and utilizing the standard 5/8 x % inch meters. An adaptor is needed to adapt to the standard meter where the larger Sensus meter had been utilized. A few of the larger meters will remain in the bid, to insure that the City has a bid price for the larger meter, should the larger meter be required. This will result in a net savings of $11,206.00 to the contract. Attachment 2 is a Resolution and copy of the proposed Change Order I for the contract. The total proposed change of contract is a reduction of$43,170.17. Recommendation Staff is recommending approval of resolution that approves Change Order I for the Radio Read Meter Project. Cl o o S W 0::: -'e- I cn U. o >- l- t) l- t) W ..., o 0::: ll. Z o ~ ...J ~ cn Z Cl Z <( I- Z W :2 W e::: ~ o ll. U. W Z 0::: o e::: j;;;;';'~~ ::i W :J :2 OJ 0::: ~ ~ ~ ~ :2 <( o-.:t 09 01"- 'I"'" 0 r-:o oZ ~I- " t) -.:tW C\I ..., ~~ :2ll. ~~"': G1l Z tJ o ~S ll. UJ 00::: o~ cacn LO I- 0 Z N ;:)N o~ :2E .,- <( .,- w ~ :2E i= (J) w (J) D:: w W I- W r..: Z Z ~ gj C) ;:) 0::: Z a.. W 0::: w>- ~...J 3:8: Z;:) 0:::(J) w(J) :I:~ 1-0::: 0::: 0 I- 03: Z Z ;:) >- e:> o ...J o Z :I: a.. 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Q) :s: o a.. -- Q) '5 co ~ Q) u 'S; Q) o c o ts ~ (5 () co ....... co o t:: o n.. n.. :J l/) ~ co ~ l/) "U C ..... <Il .;;;;;; I (J)>.~ ..c _ ._ '0 n.. c ffi g.'~ ICI)f- 0) o o c:i o .,- o .... .... M .... .... M N fFt N fFt o ~ N V fFt o o c:i o LO N co M lri en N u) It) N fFt fFt o o c:i LO fI7 o LO N ex) ex) LO o N fFt N CD M N l"- ce) It) -.:r w l.O CD r..: ..... ..... ..,f fFt o l.O .c u <Il W ~:~::- o ..... cD :J ro > "U Q) t) ~ o u l/) Q) ....... o c Q) '0 Q) :J (ij > ...J ~ o I- c <( Ui Q) ....... o Z Attachment # 1 CITY OF SHOREWOOD RESOLUTION NO. 07- A RESOLUTION APPROVING A CHANGE ORDER 1 FOR THE RADIO READ WATER METER PROJECT, CITY PROJECT NO. 07-04 WHEREAS, on May 29,2007, the City of Shore wood entered into a contract for construction with Northern Water Works for the Radio Read Meter, Software Installation and Appurtenances Project, City Project No. 07-04; and WHEREAS, the Director of Public Works has prepared Change Order 1 attached hereto as Exhibit A, for revisions to the original contract; and WHEREAS, the City Council 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 Northern Water Works, that incorporates services outlined in Change Order 1, attached hereto as Exhibits A. ADOPTED by the City Council of the City of Shorewood this 25th day of June, 2007. Christine Lizee, Mayor ATTEST: Craig Dawson, City Administrator/Clerk Attachment #2 .:!~~\ ~~;~~G::~~~~~~~~:~~~~ ~~i~it~t;~~, City of Shorewood Radio Read Meters, Data Collection Software and Appurtenances City Project 07-G4 June 25, 2006 OWNER: City of Shorewood 5755 Country Club Road Shorewood. MN 55331 CONTRACTOR: Northern Water Works Supply 1694 91st Avenue NE Blaine, MN 55449 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: CONTRACT QUANTITIES ARE MODIFIED AS SHOWN ON THE ATTACHED DETAIL. Delete 2 and 3 Inch diameter meters from the Contract Reduce the quantity of 1 Inch meters Increase the quantity of 5/8 x 3/4 inch meters Add meter adaptor kits IT IS UNDERSTOOD THA T THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WA Y, SHAPE, OR FORM ASSOCIA TED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORIGINAL CONTRACT PRICE: PREVIOUS CHANGE ORDERS: N1A CONTRACT PRICE PRIOR T.O THIS CHANGE ORDER: NET INCREASE OF THIS CHANGE ORDER: CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $255,295.38 $0.00 $255,295.38 ($43,1"70.17) $212,125.21 ORIGINAL COMPLETION DATE: NET CHANGE FROM PREVIOUS CHANGE ORDERS: COMPLETION DATE PRIOR TO THIS CHANGE ORDER: NET INCREASE OF CHANGE ORDER: COMPLETION DATE WITH APPROVED CHANGE ORDERS 1213012007 NONE 1213012007 NONE 1213012007 ~DED~' . /f ~ . -- ~E.~~FPUBLI;':KS ON BEHALF OF THE CITY OF SHOREWOOD t,.Z/.o7 DATE & -~/ '-07 DATE APPROVED BY: ATTEST MAYOR CHRIS L1ZEE CRAIG DAWSON, CITY CLERK/ADMINISTRATOR DATE DATE :.-, ..~~ i~.{~~~:~~~i'~;;~~~~l~~~~~~~~;~~~~~~~~~~~~!~~~~f~~~:~:~l~;~::~{J~~ City of Shorewood . Radio Read Meters, Data Collection Software and Appurtenances City Project 07-04 . June 25, 2006 ADDED ITEMS Item No. Mat. No. Description Qty Unit Price Extended Amount 1 Furnish and Install new 5/8 x 3/4" Meter, 200. Each $258.00 $51.600.00 Neptune T-10 E-Coder R900i 11 Furnish and Install new Ford Model A24 200 Pair $28.00 $5.600.00 Meter Adaptor TOTAL ADDED ITEMS' CHANGE ORDER NO.1 $57,200.00 DELETED ITEMS Item No. Mat. No. DescrlpUon Qty Unit Price Extended Amount 2 Furnish and Install new 1.0" Meter, Neptune -200 Each $342.03 ($68,406.00) T-10 E-Coder R90m 6 Furnish an<;llnstall new 2.0" Meter, Neptune -13 Each $1,883.26 ($24,482.38) Tru/Flow Compound E-Coder 900i 7 Furnish and Install new 3.0" Meter, Neptune -3 Each $2,493.93 ($7,481.79) Tru/Flow Compound E-Coder 900i TOTAL DELETED ITEMS CHANGE ORDER NO.1 ($100,370.17) TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT ($43,170.17)