070907 CC Reg AgPCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 9, 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
2.
3.
4.
B. Review Agenda
APPROVAL OF MINUTES
A. City Council Work Session Minutes, June 25, 2007 (Att. -Minutes)
B. City Council Regular Meeting Minutes, June 25, 2007 (Att.- Minutes)
CONSENT AGENDA -Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give tlae public an opportunity to request an item be removed from the
Consent Agenda. Comments ca~z be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Staffing -Approving the Regular Appointment of James Landini as City Engineer
(Att. -Director of Public Works Memo and Resolution.)
C. Fee Schedule changes (Att. -Administrator's memorandum, Ordinance)
D. Spring Clean-up Progress Report - (Att -Director of Public Works' memorandum)
E. Authorize Expenditure of Funds for a Water Truck Tanker (Att. -Director of Public
Works' memorandum.
F. Extend Variance Deadline for Obtaining Building Permit (Att. -Applicant's Request
Letter)
Applicant: Tony Lund
Location: 27695 Island View Road
MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
CITY COUNCIL REGULAR MEETING AGENDA -July 9, 2007
PAGE 2 OF 2
6. PUBLIC HEARING
A. Vacate Public Right-of--Way -White Street (Planning Director's memorandum,
Resolution)
B. Public Hearing regarding financing by The City of Deephaven for Educational Facilities
Revenue Note for Excelsior Covenant Church (Att. -Administrator's memorandum,
Resolution)
7. PARKS
8. PLANNING
A. Zoning Violation Appeal - Catain (Att. -Planning Director's memorandum)
9. GENERAL/NEW BUSINESS
A. 2007-2028 EFD Capital Improvement Program (Att. -Administrator's memorandum)
10. ENGINEERING/PUBLIC WORKS
A. Xcel Undergrounding -County Road 19 (Att. -Staff memorandum, Resolution)
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
B. Mayor & City Council
12. EXECUTIVE SESSION
A. City Administrator's Performance Appraisal
13. ADJOURN
CI'l't' 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
Executive Summary
Shorewood City Council Regular Meeting
Monday, 9 July 2007
• 6:00 p.m.- Council Work Session (dinner will be provided)
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: James Landini has successfully completed lus six-month probationary period
as City Engineer. The City Administrator and the Director of Public Works recommend that
Council approve the Regular Appointment of James Landini as City Engineer.
.Agenda Item #3C: Fees paid to the City for licenses, permits, service charges and
miscellaneous fees are determined from time to time by the Shorewood City Council.
Changes to miscellaneous fees, water meter fees, and building fees are required to
recover costs incurred by the City. On June 25, the Council held a public hearing related
to a proposal to increase a fee related to land use. Staff recommends approval of the
proposed ordinance amending the Fee Schedule.
Agenda Item #3D: The City Council had requested a final billing report for Spring Cleanup
that was conducted on May 19, 2007. Staff is still awaiting proper documentation from
the vendor. Therefore, it is anticipated that the report will be presented at the July 23rd
City Council meeting.
Agenda Item #3E: Staff is recommending approval of the purchase of a used 2000
Freightliner tanker truck, from Maverick Equipment in Phoenix Arizona. These
expenditures, if approved, are to be funded form the equipment replacement fund.
Agenda Item #3F: Last year Mr. Tony Lund received a variance to build a home on his
.property on Island View Road. The variance was necessary due to the substandard size
of the lot. The proposed home on the property complies with all setback and hardcover
requirements. Mr. Lund subsequently received an extension from the one-year deadline
for obtaining a building permit (a prospective buyer backed out of the purchase). Anew
buyer proposes to build a different, smaller home on the site, but needs additional time to
complete his plans. Mr. Lund has requested an additional two-month extension, from
August to October. Staff recommends approval of one more extension.
~s
~. ~~ PRINTED ON RECYCLED PAPER
Executive Summary -City Council Meeting of 9 July 2007
Page 2 of
Agenda Item #6A: Staff recommends approval of a request by Mike Seifert to vacate an
undeveloped public right-of--way known as White Street. Mr. Seifert owns all three
parcels that adjoin the R.O.W. The vacation is contingent upon the applicant granting
back a utility easement for the sanitary sewer main located in the R.O.W. and that the
vacated land be legally combined with the property to the south. A resolution for your
consideration is included in your packet.
Agenda Item #6B: The City of Deephaven is willing to issue a form of public financing for
education facilities in the Excelsior Covenant Church School, which is located in
Shorewood. Per federal and state regulations, as the "host city" the City Council must hold
a public hearing on the proposed projectmmending approval of the purchase of a used 2000
Freightliner tanker truck, from Maverick Equipment in Phoenix Arizona. These
expenditures, if approved, are to be funded form the equipment replacement fund.
Agenda Item #8A: Michael Catain was cited for erecting a second dock on his property on
Enchanted Island. His attorney has appealed the violation. Staff addresses the points raised
in the attorney's letter. It is recommended that the property owner be directed to remove
one of his docks by the end of July.
Agenda Item #9A: The Council had continued (re-)consideration of the proposed 2007-2028
Capital Improvement Program of the Excelsior Fire District. After the EFD Board work
session on June 27, to which members of all of the city councils were invited, the Board
decided that it would consider revising the proposed CIP at its July 25 meeting, and
forward it as well as the proposed 2008 budget to the city councils for their action in
2008 budget to the city councils for their action in August. No Council action is
necessary at this time.
Agenda Item #10A: Revisions have been made regarding the additional cost for Shorewood
regarding the placement of Xcel Energy's utilities underground as part of the County
Road I9 project. The proposed surcharge will be $1.25/month for a residential ratepayer
for 22 months, with a much lesser amount to pay the remaining balance during the 23ra
month. Staff recommends approval of the resolution authorizing the surcharge to be
placed by Xcel Energy.
Agenda Item #12A: The City Council has set July 9 as the date for an executive session for its
own discussion regarding the informal, mid-year review on the City Administrator's
performance.
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
JUNE 25, 2007
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
5:45 P.M.
Mayor Lizee called the meeting to order at 5:35 P.M.
A. Roll Call
Present. Mayor Lizee; Couneilmembers (allies, Turgeon. ~1 ~ ll~~n>. an~i Woodruff; Administrator
Dawson; Finance Director Burton; Director ~~i Public ~~~-~~rk~5 Brown; and Engineer
Landini
Absent: None
B. Review Agenda
Mayor Lizee requested Item 2.B, Park C~mmi~sion Appointment. be added to the agenda.
Woodruff moved, Wellens seconded, Appro~ iu~~ nc~ ..'-Qenda a, ~nunded. Motion passed 5/0.
WILDLIFE MANA(TT'~'IENT
Administrator Dawson ~tatc~l in the Tall of 2ui~6 the City had received a written request from the
Minnetonka Country C luh 1« remove ~iccr. After de~el~~ping a deer management plan, the City received a
special removal permit l~r~~m the Mini~~~~~ta Departr~~cnt of Natural Resources for removal of up to 20
deer from the Minnei~~nl:a ~ ~,untt~~~ Club pro~ert~ ~t~~ he done at the Country Club's expense). The
Council also amen~l~~~l ,~~~eral ~~cric~n~ ~~[~ ~h~. (~~~~lc t~~ ,illuw the discharge of weapons and dispatching of
animals fer ~~~ildlifc m,in~i~scment pug ~~~~ses by individuals approved by the SLMPD.
Daw~un thcil stated on l~~bru~~n ~%. ~~n7, Three Rivers Park District conducted a deer census within
Shor~~~~~u~~l at no charge. 'fhe sur~~~~_ ~~ high was a snapshot of conditions on that day, counted 121 deer,
with abt~ut t~~~o-thirds ofthat niimb~;r aruu»d Christmas Lake.
Dawson weni ~~~~ t~ state that during the discussions in 2006 Council indicated that in 2007 it would
consider deer nrnr~,~ement acr~~gs Shorewood. Earlier this year, Council stated it wanted wildlife
management generally (nc~~ iu~t .leer) to be addressed.
Dawson explained if the City wanted to do wildlife management outside of the Minnetonka Country Club
another plan would have to be developed; if the request were for the Club only, last year's special
removal permit would have to be renewed.
Dawson also explained he conducted some Internet research with regard to the Minnesota Bow Hunters
Association (MBHA), but he found nothing on MBHA's website indicating they conducted deer removal.
He stated he would check further to determine if he had researched the appropriate organization.
Dawson stated there were residents who wanted to remove deer on or near their property. If that were to
be considered Council would have to decide if it wanted to allow hunting within the City limits before
that could be considered, and the City Ordinance would have to be amended accordingly. Council may
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 2 of 8
decide it was more appropriate to work within the boundaries of the City Code amendments made in
2006, and find an organization to do the removal. He related he had recently spoken with SLMPD Chief
Litsey with regard to this topic, and Litsey again recommended the trap-and-dispatch be used for
maximum public safety.
Dawson commented if the wildlife removal were to be initiated by the City, it would be paid for out of
the General Fund.
The following noteworthy comments and concerns were stated.
- Although the trap-and-dispatch method for deer remu~ al ~~ u~ effective at the Minnetonka
Country Club, other methods maybe effective in 1c~~ati~~ne «~ith different topography.
- The location of deer during the survey way somewhat cur}prising. Because the deer
population traverses different areas within th;-City, it would b~ difficult to determine
what specific areas should be addressed ai aa~~~ particular time.
- The accuracy of the trap-and-dispatch m~thud versus the bow-and-arr~~«- method for deer
removal was discussed.
- There was not enough understanding ui h~,~~ a b~>~~-and-arrow method ~tic~uld be done.
Additional information on that approach and ih~ trap-and-dispatch method should be
provided, including what requirements and restrictiuns there would be (e.g. lot size).
- The trap-and-dispatch mrthc~d ~nas done ov~rni~~ht: it seemed that the bow-and-arrow
method of removal would 1~e dc~nc during daylirhi hours.
- There was no charge for the bu~~-and-arr~~«- m~d~~~d.
- Deer removal could be done durii~~ the deer- hui>> ink ~~~>~rn, or outside the season under
a special permit i~~rTed to the ~;tiy.
- Deer removal h rc~~idcnts could~b~ gun;trued as tht~ ~ ity allowed hunting within the City
limits.
- Remu~al none by an a~~u~•.iation ~~ Budd be considered authorized hunting.
- The C ~ i t ~~ ~~ Itould br cam ~i cten t ~~ i t h ~ ither charging for wildlife removal or not; that
sh~urld n~~t ~~an hued ~~n 1h~ type c~~~~rildlife.
- l he t ~ i t ~ ~ ~ na l d ~ can i rcr,;t with one. as~cncy for the removal of deer, and residents could
r~ial.c -.~ r~ yuc~t f~c~r r~ n,.oval to the City and pay for the cost.
The deer rcm~~~ al ~f1~ui~ could be contained to City properties only, including wetlands.
COUn~ ilm~mber Callies stand ~h~ ~.vould-.prefer a controlled removal method for deer such as the one that
was used for the Minnetonka C cn,ntry Club. She thought the City should consider an amendment to the
City's Ordiilancc that would restrict feeding of wildlife such as deer, geese, ducks, etc.
Mayor Lizee stand she wcnild prefer the method for deer removal would be sanctioned by the Chief
Litsey, and that it b.: cc~r~sidrrcd on a case-by-case basis. Individual residents would have to apply to the
City. She expressed concern that allowing residents to remove deer during the hunting season could
imply that the City allowed hunting within the City limits.
Councilmember Wellens stated he would prefer the City use the bow-and-arrow method for deer
removal; from his perspective that method could be used on any property. If the City went with that
approach it could be changed in future years if it was not effective.
Councilmember Turgeon stated the City should be consistent in its policy to charge or not charge for
wildlife removal. She questioned how the City could prohibit the feeding of certain wildlife (e.g., deer,
geese, ducks, etc.) and not restrict the feeding of other wildlife such as birds.
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 3 of 8
Councilmember Woodruff stated he would be reluctant to have the City spend $350 per deer for removal
of more than a few deer. He also would support an amendment to the City's Ordinance to restrict feeding
of wildlife.
There was consensus that the City should publish an article in the Shore Report requesting the residents
to cease their feeding of wildlife. There was also consensus to gather more information about the bow-
and-arrow removal process and associations that would conduct the effort. T)eer removal would continue
to be considered on a complaint basis.
Administrator Dawson explained the process for beaver removal. St<<t~ astute allows a property owner to
remove a beaver at any time. Any removal done by the City or h~ ~~ ~ c,ntrtctor (hired by the City or a
property owner) outside of the trapping season would require ~~ I ~ N L: pernri t ir~,m the local conservation
officer. The City's trapping/hunting ordinance would not all<~« ~~roperty owner, tur their contractors) to
remove beavers without prior City authorization for mana_~in~~ the beaver populaiic~n.
Dawson then explained process for wild turkey rem~~~al. A State permit was required l~~r removal of wild
turkeys, and only governmental agencies may recei~~ ~~icl~ ,t permit. Wild turkeys arc destroyed (not
relocated), and their meat must be given to food-shelf orbaniri~iuns. .~1 few years ago, the City did obtain
a special removal permit, but its Public s't'orks Staff did nc~t nrcd <<~ avail themselves of permission to
exercise it.
B. Park Commission Appointnunt
Mayor Lizee stated that Part: Cu,nmissioner Jt~hn ~1cx~ncn liars ~ubn~itted his resignation from the Park
Commission as he was re1c~c~~ting. tihc Mated thzuther t~tie candid~ct~~ Council interviewed on March 26,
2007, were still intere~t~~~l in ~h~ po~it.iun. The canthda~~s were Travis DeMers and Steve Quinlan.
Councilmember Wellcn~ st~itc~l he ~~.cuild }refer ~~Alr . Quinlan because he was an engineer and he like the
way engineers though.
Councilm~nil~er ~lur~~un ~taicd he would pretzr Mr. DeMers because of his sales, service,
commun~caiit~ns, and nrtrh~tin<< c.~~~~rience.
Mayor I .i zee commented that ~ 1 r. ~;~uinlan had been Council's second choice at the March meeting.
Councihi~cmber Callies and C,'~~uncilmemb~er Woodruff agreed.
Councilmemb~ r C'allies state) ~h~ would make a motion at the upcoming Council regular meeting to
appoint Mr. Quinlan.
3. LIQUOR OPERATIONS
Don Swandby, Liquor Operations Manager, joined the meeting.
Administrator Dawson stated Council gave direction to renegotiate the lease for the Waterford liquor
store space at its May 14, 2007, work session. He then stated that Mr. Swandby had been in discussions
with the landlord regarding the lease.
Dawson explained the landlord had submitted two proposals with regard to extending the lease. The
proposals were as follows.
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 4 of 8
In Proposal #1, the space could be occupied through October 31, 2008. The current space would remain
the same, and the current provision to downsize from 4,500 square feet to 2,850 square feet would be
removed. The gross rent would be increased by 10 percent retroactive to April 1, 2007; therefore the
annualized cost would be $73,990. This proposal would require afour-month notice for termination.
In Proposal #2, the lease would run from April 1, 2007, through March 31, 2012. The space would be
downsized to 2,850 square feet (as has been planned for several years), with. a construction cost to the
City of $1.00 per square foot in the rent. Gross rent would start at $64.R~~U i~+r the first year and would
increase three percent annually.
Dawson stated having a lease of some duration in place adds value 1++r the purchaser of a business. By
assuming the lease, the new business owner would have some security m t~r«~ ~~f planning for expenses
and being able to stay in operation.
Mr. Swandby agreed it would beneficial to have a lea~~e in place for both stores ii the ~~ity was going to
put the businesses up for sale. The buyer would assume the City'slease at the time of i~urchase, A longer
lease could be more attractive to a potential buyer. S~ti~~n~1h~. stated h~~~m his vantage pui~lt it would be
better for the City to keep both stores in operation.
The following noteworthy comments and-Cun~~rns were stated
- If there were a willing buyer. it ~~~~~ po~~ihle to ~cll the ~'ity's liquor operations business
even though the City did not r+~~n the ~~h~~ie~~l buildin~~s.
- There was ~ liahilit<~ to the Li~~~ I~~r en~~rinr int~+ :1 live-year lease for the Waterford
store, If the City, ~~~ul~l riot sell the ~turc and therefore closed the store, the City would be
liable fur the lease ~intil ire five yr~ir~ ~~ere up.
- Abu~cr ~~+uld renegotiate. a shorten leu~e to suit its needs. It may have more negotiating
lever~~ ~~.
- The t~~~+ li~~uu~~ Mores ~~cr~ lueatc~l in _i;wo of the three City's commercial zones. The
third cummercial zone ~~as luuatcd around County Road 19.
I-here «a ~~ I.i~~u~,r committee meeting scheduled for July 30, 2007, to review the year-
to-date actual rc~cnuc. and expense figures.
If Proposal :~-1 ~~ere ~~preed to, it would be very unlikely for the City would have any
liability with haying a le~ise for space with nothing in it. It would very likely it would
take a minim~un ~~l four months to sell the store. The lease rate, which was less than the
current rate, ~~ould remain in effect until October 31, 2008, when the lease for
~h~~rewood Pla,~a ;tore expired.
- the re~~em~e and ,;xpense figures through May 31, 2007, were on budget as revised.
After ensuing discussiun. there was consensus to continue the discussion of the future of the City's liquor
operations and the Waterford store lease to an August 6, 2007, Council work session. Council would
have the opportunity to review the year-to-date actual revenue and expense figures for liquor operations
at that time.
4. CAPITAL IMPROVEMENT PROGRAM
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 5 of 8
Administrator Dawson stated Council had its first discussion of the draft 2007 - 2011 CIl' at its May 29,
2007, work session. The CIP had been updated to reflect the changes Council requested. He explained
the updated CIP also included the following Staff revisions: 1) the Equipment Fund has been modified in
2007-2009 in order to replace the water truck in 2007 rather than 2009 and the dump truck in 2009 rather
than 2007; and, 2) The Public Facilities Fund included $50,000 for two civil defense sirens in 2007. The
need to replace the sirens has been known for some time, and has been shown in prior CIPs. The entire
five-siren system among the four SLMPD cities needs to be replaced within a year.
Administrator Dawson related that Council had asked for a schedule of the critical roadway improvement
and stormwater improvements over asix-year timeframe to implement them. in order to get an idea of the
cost implications to accomplish them. Staff prepared schedules for re}~laeen~ent of local roads rated " 3"
or worse by 2013. A schedule for stormwater improvements had al~c, Leon }prepared, showing drainage
improvements associated with the local road improvements fhreui~h 2U L?. and also showing priority
improvements that are not associated with road projects.
Administrator Dawson explained there was a corrccuun to the CIP cover m~t~~c,. The changes to
stormwater management rates listed on page two ~hcuild be changed to approximatel~~ X18 - $21 per
quarter (the memo stated $12 - $14) or $72 - $84 per }gar t the mem~> stated $48 - $56j. ~hase increases
would be required to fund the list of stormwater manageiz~~nt I~roj~ct~ for through 2013.
Director Brown explained the CIP reflected .~ change to pureha~~ a water truck in 2007 rather than in
2009; and to purchase a dump truck 2009 rather than in 2007. flc lhcn explained City purchased its water
truck in 1992; the truck was a used 1989 true: k ~~ i tI1 1 t)U.U00 m i I c, ~ ~ n i t ~~ t that time. There were a number
of problems with the truck such as its motor and u~an~mis,i~~i~ se.cl~ ~~cr< ]raking, and the water tank was
leaking. The original projected 5e-r~~ice life of she tru~h had bc~n fitieen years. Although the CIP reflected
the purchase of a new truck. Start bcl ic~-ed the p~u ~ha~e ui a qualit}~ <<>zd truck would be sufficient.
Brown went on to e.plain that Staff }rui located a u~~d water truck in Arizona that could satisfy the
City's needs. That truck had 1 ttt),OOt i mile:, on it. l h~ consideration of that water truck would require that
he and Brad Mason (7~~ tc~ _1rii~~nu to ehe~ h out the truck. and if it was satisfactory bring the truck back.
Before purchasin~~ the tru~h. Stahl'.<<,ul~l take coil sam}ales from the truck and have them tested; the test
would re~il~ct the ~~unditi~~n ~~f~ the engine. The company that owned the truck indicated that it would
provide Staf~i~ with oil sar»}~Ic~. it ~~~>uld be certified by the Department of Transportation, and the 2,500-
gallE~n ~ti~,uar tank was netir~. lh~~ truck ~~.~.~~ rigged very similar to the way Staff would specify a truck if it
was p~r~h'acing a new truck. t3ru~~i~ st<ttzdahe cost for the used truck would be less than $45,000; the cost
of a nev, truck was estimated t~~ be approximately $140,000. Because the cost would be less than
$50,000, it ~~cuil~l not have to he }gut out for bids.
Brown commented that the c~~n~mon service life for a dump truck was ten years in municipalities. There
was a great deal of ~~ ~~ar-and-tear on a dump truck which was used most days. Staff was comfortable with
delaying the replacement v~: its dump truck unti12009.
Brown stated it was quite expensive to paint the City's trucks "granny apple green". Many municipalities
have decided to leave their trucks the standard white paint and to put their own logos and markings on
the truck to ensure it was identifiable.
There was Council consensus that Staff could go to check out the water truck in Arizona and purchase it
if it were in good condition.
With regard to local street reconstruction, Director Brown made the following clarifications.
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 200'7
Page 6 of 8
- The CIP reflected $66,000 for sealcoating each year. The past goal had been to sealcoat
one-fifth of the City's roads each year. Because the cost of sealcoating materials had
increased significantly, roads are now sealcoated approximately every 7 - 8 years.
- The CIP reflected $95,000 per year for overlay improvements (overlay involved placing
1.5 - 2 inches of asphalt surface over the roadway). The City's average life of an overlay
was approximately twelve years. Based on the $95,000 per year in funding,
approximately one-fortieth of the roads (or approximately one mile of roadway) would
be done each year.
- The reconstruction of the eight roads listed in the CIP, ~Z L1~ similar to the reconstruction
that was done on Wedgewood Drive. Costs did not ine Iudc ~ I~.e installation of watermain.
- The cost to install watermain would be assessed hack lc, the property owners.
Councilmember Wellens suggested money be transferred 1'l-c~iti the Gener~d 1 and Reserves to fund
additional sealcoating of roads.
Director Brown suggested Staff could determine what additional sealcoating could be dune based on an
increase of funds.
Councilmember Callies stated she would like to see funds he added co the Municipal Water System Fund,
possibly a transfer from the reserves. Shc stated the Minnewa>hta eater Tower looked as if it were in as
poor of shape as the SE Area Water 1 ~~« ~ r. ti}~c ~t~ggested Fund: should also be added to ensure
watermainwouldbeinstalledfortheroadrrcun,lru~tiun p~~t~i~c~~ i~lcntif~i~-d in theCIP.
Director Brown stated past j~ractice had been that the General fund ~~~~uld not subsidize the Water Fund;
the Water Fund supported it~clt as a business. Thu ap}~rupriate wad .tu add funds to the Water Fund was
to increase the water rate, increase tl~r eater conncct~un charge, or change the City's policy.
After ensuing discus:it~n, there wa:, con>ensus t~~ u~c the $5,000 in 2007 budgeted for washing the SE
Area Water Tower t~~ ~~ ugh the ~liuu<« ashta 1ti~tner I`o«~cr. There was also consensus that the SE Area
Water Tower t~~nuld he r~ furbi;h~a in dUU~.
There ~~a5 e~~nsensus t~~ inercu~~ the landing for sealcoating and overlay projects.
Mayor 1=in~e recessed the Cite t ~~~unci}~'uVo~~k Session to a Regular City Council meeting at 6:52 P.M.
Mayor j.1Zt;~ reconvened the V~~url: Session at 8:32 P.M.
5. BUDGE7~ C':~LE>\'l):~}i- 2008 OPERATING BUDGET KICK-OFF
Administrator Dawson asked if there were any specific programs or topics Council wanted addressed
prior to budget discussions.
Councilmember Woodruff requested Council be provided with a projected technology replacement or
purchase schedule, similar to the equipment replacement projections.
Councilmember Woodruff stated he anticipated a great deal more discussion on how the City proposed to
spend money in 2008. He then stated based on the 2006 audit, the City was significantly over budget in
revenues. He questioned if there were changes that could be made to how the revenue projections were
arrived at to make it more accurate. With regard to expenses, he suggested a process be implemented to
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 7 of 8
report on the status of projects that were budgeted for and to ensure those projects were completed. He
stated if Staff recommended budgeting for a project, then it must have the confidence that the project
could be completed (or at least started). Councilmember Wellens stated if the service life of equipment
could be extended then Staff should ensure that it happened, rather than spend the funds as budgeted.
Woodruff clarified his point was the reserves should not continue to be increased because projects were
not completed.
Councilmember Woodruff recommended that Council give Staff direction to prepare an Operating
Budget (excluding capital projects) for 2008 that reflected no more than ~l ~"o increase over 2007; 3%
was approximately the rate of inflation. He commented that the spen d i n ~ increase for 2007 over 2006
was 9.1% and that was excessive.
Councilmember Callies clarified that was Councilmember W~u~drutt~s recommendation; that did not
mean that was a directive from Council. She had concerns thsl there had becn recent instances where a
suggestion was taken as a directive. She suggested the Staff prepare a budget that reflected what it
thought the needs were for 2008. Mayor Lizee agreed «ith that comment. Callie~ >tatcd there are two
philosophies -one would be there would be a cap i>n ta~~~ to fund increased costs; aru~ther would be to
prepare a budget which reflected actual needs and idcnti ~~ied t~ hicf.i portion was i~c,~laiscretionary
spending (this approach would be her preference).
Councilmember Wellens agreed that an illcrcrlsc cap be adhered ~cr.
Administrator Dawson stated it was imperati~c thin ant u~~. ~~~~ r~~~~r~es would be done for one-time
expenditures; the reserves should not be used`tu fund ~~~ncral 5p~n~iin~~.
Director Burton stated Staff cr~ul~i qtr i~ e to stay Sri t h i n the rate of i n Elation. But items such as fuel costs,
health care costs, electi~m c~,~i>. etc., ma.~ make that Ali ~licult.
There was ensuing di>cu~~i~~n with rc~ar~1 to MS \ ilind,~. and the fact that the City had borrowed against
future MSA funds.
6, SOitTLLtilIOILI~~: ('F?V'7'ElZ ~TATUSREYORT
Adn~ini~trrrtor Dawson s~atcd carli~r this year, Senior Community Services (SCS) convened a forum of
the fi~~ Sc~rtth Lake Minnet~nl:a ~itie~ to review the responsibilities for funding the Southshore Center
and for ~hcir contributions to SE'S for seniur programming.
Dawson then >t~rtc~l at the third meeting in this series of forums, representatives of the Friends Board
presented a propu~~il ~~~hich. in its essence, would have the cities assume responsibility for costs related to
the Southshore Cenlc'r buildinb, and the Friends would be responsible for raising revenues for the costs
associated with providing;-programs and services in the Center. At that meeting, it was understood by
most present that a committee comprised of the city manager/administrators, two or three members of the
Friends, and perhaps a few representatives of SCS, would meet to identify and address issues or concerns
regarding the proposal, and to refine it where possible. The committee did not meet until June 18, 2007.
Dawson explained the Metropolitan Council issued a Request for Proposals (RFP) for dial-a-ride transit
services to cover the "Minnetonka area" which were currently provided by SCS; the contract was
awarded to a private for-profit organization. SCS has formally protested the action, and the Metropolitan
Council will take up the matter at a meeting on June 22. At present, SCS will provide dial-a-ride service
through August 31, 2007.
At the June 18 "committee" meeting, whose participants also included members of the cities' councils,
the conversation shifted and centered on the likelihood that SCS would not be able to continue its
services at the Center, and what could be done for senior programming in 2008.
Councilmember Callies stated she agreed with Excelsior City Manager Whittaker that it was premature to
endorse the proposals being circulated.
Councilmember Woodruff stated it was his understanding that SCS w~ u I ~ use its reserve funds to
continue providing services at the Southshore Center until September 3i~i. ?~iu7. Administrator Dawson
stated he thought it was through October 31, 2007, and that SCS may c~m~ider extending that to 2007
year-end.
Mayor Lizee stated she thought it was important to continua t1~~• process ih~~i had been agreed upon to
address the funding issues.
Councilmember Wellens stated from his perspective the ~;ity should not subsidize acti~-ities that were
exclusive to seniors. He would support funding fur the ~outhshorc C inter building ncrcjs as that was
open to the public.
Councilmember Woodruff stated that when it was determin~•~i ~~ hat the future role of the Friends would
be, its by-laws should be amended accord i nr I ~ .
Administrator Dawson explained the by-law; ~~~~re dctincd h~ lh~ I~ri~~~~l~ organization; there were also a
cooperative agreement and a lease agreement, an~i ~~II parties ~~rc h~7un<i to those agreements. Dawson
then explained there was sn -~~i~~ior~- Board t~~ Si~~ i~~ pr~~~i~l~ input with regard to services provided;
that Board was separatef~~.unth~ Iricn~l~4Board.
Councilmember Woodru I1~ commented that the money <<iven to SCS goes into a pool and there was no
way to know what pore iun a I~ the funds cu~~les hacl: i~~ t}~e ~~'ity.
7. OTHER
Them ~~as ~.iootherbusin~~» Can di>cus~ion.
8. ~ I~.rt(IURN
Woodruff nui~ cil. Wellens seconded, Adjourning the City Council Work Session Meeting of June
25, 2007, at 9:011 I'.~~T. Motion ~~assed 5/0.
RESPECTFULLY SLBM13"1'ED,
Christine Freeman, Recorder
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, JUNE 25, 2007 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:03 P.M.
A. Roll Call
Present. Mayor Lizee; Couneilmembers Callies, Turgeon, \~'~Il~n~ an~1 Woodruff; Administrator
Dawson; Associate Attorney Mayeron; Finan~~~ Director 1>un~~n; Director of Public
Works Brown; and Engineer Landini
Absent: None
B. Review Agenda
Wellens moved, Woodruff seconded, Appru~-ing the Agenda a~ ~~re~ented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting ~>rl i uu t cs, J unc 1 t ~ =2007
Callies moved, Wellens secundcd.:lpproving the Pity Council Regular Meeting Minutes of June
11, 2007, as presented. Motion ~r~sscd 5/0.
B. Cite (~ounci(-~N`ork ticssion Minutes, June 11, 2007
Turgeon uui~ed, ~~'uodruff seconded, .~~~~iru~ing the City Council Work Session Minutes of June
11, 20(17, as presented. ~~Iotipn ~ruscd Sr U.
3. C(1~ SFNT AGEND<~
Mayor Lizee rep ic~~~c~~ the item, ~~u the Consent Agenda.
Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions "I: herein.
A. Approval of the Verified Claims List
B. Staffing -Approving the Appointment of a Part-time, Temporary Office Assistant
C. Adopting RESOLUTION NO. 07-041, "A Resolution Granting a Conditional Use
Permit for the Construction of an Accessory Building at the Excelsior Covenant
Church."
#aa
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 2 of 9
D. Accept Storm Water Pollution Protection Program (SWPPP) Report and
authorization to submit to the Minnesota Pollution Control Agency (This was moved
to Item 10.B under Engineering/Public Works)
E. Setting July 18, 2007, 7:00 p.m., for the Public Information Meeting for the Amlee
Road, Manitou Lane, Glen Road Street Reconstruction Project
F. Approve Private Use of Public Drainage and Utility Easement
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. REPORTS AND PRESENTATIONS
A. Audit Report by Andrew Berg, CPA, Abdn. I .ic4: and Meyers
Administrator Dawson explained the City of Shorewood's 2006 ~:o~nhrehensive Annual Financial Report
(CAFR) had been prepared Abdo, Eick & Meg: cry. and Andrew Bcr~. ~~, ith the firm, would highlight the
findings this evening. J
Mr, Berg presented Mayor Lizee, on behalf o ~~ ih~ ~ ~ it~~, ~~ i ih the ~;ertificate of Achievement for
Excellence in Financial Repcrting awarded by the ~_~~wernm~•nt Finance Officers Association for its
CAFR for the fiscal year cn~lc•d IJecember 31, ?~1~~5. Mr. B~-a noted that this was the fourteenth
consecutive year that thr ~'it~ hail reeci~-ed the Certificate. Mayor Lizee stated the award was a reflection
of the skill and tenac~i~~~ ~~[~the ~<<~~~~~.
Mr. Berg stated there way ~~ ~~~ lean" ~~hinion unthc financial statements and there were no findings found
throughout the .niclit. He:n~~te~1 them ~~~r~ n~~ i~iisruie~s ofnon-compliance with Minnesota statutes.
Mr. 13 cr ~ h ro ~ ~ided a finale i al o ~e r ~ i e ~~ a I~ th, City's expenditures and revenues. He noted during 2006,
the ~;Cn4ral I and revenues ha.j c.~eeede~l expenditures by $390,725 which resulted in an increased fund
balance of ~l i ~ahil y over $3.3 million, or ~b% of 2007 budgeted expenditures.
With regard to ll~hi Service Frmcls, he stated the 1993 Improvement and Refunding Bonds had been paid
in full, and recomm~ncl~d C~~uncil approve a transfer of remaining funds in 2007 to close the fund. He
noted the Waterford ll~ 1 ax Increment Bonds had also been paid in full, and the balance of that fund
must be used for a pur~~use consistent with the tax increment financing plan. He stated there was
$11,555,000 in outstanding bonds for the Public Safety Building.
With regard to Capital Projects Funds, he explained the MSA Construction balance had a deficit of
$170,209, and he recommended the City monitor that deficit and put a plan in place to eliminate the
deficit. The 2006 year-end Street Reconstruction Fund had a balance of approximately $1.2 million.
Mr. Berg then highlighted the Enterprise Funds (sewer, water, storm water management, recycling and
liquor).
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 3 of 9
With regard to Liquor Funds, he stated the gross profit for both stores was 27% (the State-wide average
was 24%). The operating expenses exceeded the State-wide average for both stores, resulting in an
operating income loss.
With regard to the Water Fund, he explained it was important to maintain the reserve balance of
approximately $3.7 million because of the approximate $3.9 million in bonds outstanding. He
recommended the City consider monitoring other City departments usage of water and sewer, and that
the City consider charging for it if the usage was significant.
With regard to the Sewer Fund balance, he explained the City had a res~r~ ~ Lalance of approximately
$3.9 million and it had no outstanding debt. He recommended the Cat ~ rc ~ i ew rates in order to counter
the increasing costs of operations.
With regard to the Recycling Fund, he explained there was an ~ippro.~ innate balance ref $83,500.
With regard to the Stormwater Management Utility Fund. h~ ~ ~I~lained there was an ~~ppr~~ximate balance
of $276,000.
Mr. Berg stated a peer group analysis was included in the 2(106 }~inancial Report for the first time; the
peer-group average consisted of the average of Abdo, Eick and ~t ~ _~ ~ rs' client base of approximately 90
cities. The following ratios were included in the analysis: liquidity; sul ~~ ncy, funding, and common-size.
He clarified that if the cities were grouped b~ small. n~~ciium and large and if~tn analysis was done based
on those groupings the averages would be similar i~~ tF~~~,c ~~fthe 90-oit~.~ ~uerages.
Mr. Berg stated that new auditin~* standards wo~~ld be iii effect tc~i the 2007 audit. The City's internal
controls would be reviewed rYrn c closoly.
Councilmember WoQdnlf~t~ staic~l tl~c I~ iuancial Repor~ ~~~as very clear and very thorough. He also stated
the materials prepared b~~ Staf1~ ~~~~r ~hc ~iudit were indicative of the Certificate of Achievement that was
received.
Wellens mn~~cd. Woodruff ,cciinded, ~~ccepting the 2006 Comprehensive Annual Financial Report
(CAFlt) anal Recommending tlic (' Flt be sent to the State Auditor for review. Motion passed 5/0.
6. P 1:1~ t . I C' HEARING
A. Laucl~Use Fees
Mayor Lizee opened the I'uhlic Hearing at 7:21 P.M.
Administrator Dawson explained that any proposed change to land use fees required the City to hold a
public hearing. Staff recommended the City charge for conducting a sketch plan review for subdividing
property; it recommended the fee be set at $200 to cover the "typical" application. Staff would spend
approximately five hours to conduct a "typical" review, and loaded Staff labor rates were $55 - $60 per
hour; the first hour of Staff time was not charged for.
Administrator Dawson stated Council would take action on this fee change and other minor fee
adjustments at its July 9, 2007, meeting.
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 4 of 9
Seeing no one present wishing to speak on this topic, Mayor Lizee opened and closed the public
testimony portion of the Public Hearing at 7:24 P.M.
Administrator Dawson clarified this fee would only apply to a subdivision of property.
Councilmember Callies stated she thought the $200 rate was very reasonable.
Woodruff moved, Wellens seconded, Directing Staff to Prepare a Resolution Approving the
Amendments to the City's Fee Schedule. Motion passed 5/0.
Mayor Lizee closed the Public Hearing at 7:26 P.M.
B. Vacate Drainage and Utility Easements - 5615 anal ~~~?~ Fairway Drive
Mayor Lizee opened the Public Hearing at 7:26 P.M.
Administrator Dawson explained that the City was ~~c~luirc~l t~~ hold a public hearing it~ it «as going to
consider vacating drainage and utility easements.
Dawson stated Mr, and Mrs. Gutierrez, 5615 Fairway Drive, and ~~lr. Putnam and Ms. Gallager, 5635
Fairway Drive, had requested the Ciry vac~ric the drainage and u7,iiil~ casement within their former lot
boundaries.
Engineer Landini explained in 2005 the applican~:,~ I~~~~ had miner ~ubt.tivision with new drainage and
utility easements placed alone the perimeter of tht nc~~ lot buurul~rrics as required by the City's zoning
ordinances.
Chris Putnam, 5635_Fair~~~i~~ I )ri~~. ~i.rted Mr. and ~9r~. Gutierrez were also present this evening. He
stated they were all pre,,cnt this, c~cnin~ to en~n-c ~h~ ~~pproved request, should it be approved, was
specific. He stated he ~tl:,~~ ~~anicd t~~ c.pres~ hip c~>licern about the process the applicants had been
through.
Mr. Putnam Mated that in ~~U~ a n~inc~r >ubdivision was approved for an adjoining property which
resuh~d in the two properties adding additional property to their then existing properties. He noted that
neither of tlic ah}~licants vaeaicd the easements at the time the additional properties were acquired. He
stated in Decemhcr 2005 the a}~plicants requested the drainage and utility easements be vacated. At that
same time Mr. and '~F~-s. Gutierrez had also applied for a grading permit to install a tennis court; the City
would not issue the ~radin`~ }permit until stormwater issues were resolved which required drainage
calculations be submiit~d. 117e Gutierrezes had since decided to install a different type of tennis court
which did not require a _±;rading permit. The stormwater issues associated with the grading permit became
an issue with vacating the easements. The applicants perceived that to be a change in the City's
requirements from when the other property was subdivided.
Mr. Putnam stated the applicants had spent approximately $8,000 collectively on surveys and legal fees
trying to resolve the issue.
Mr. Putnam stated he and the other applicants wanted to ensure it would be the Ciry Engineer's specific
recommendation as to what requirements had to be satisfied to approve the easement vacation.
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 5 of 9
Seeing no one present wishing to speak on this topic, Mayor Lizee opened and closed the public
testimony portion of the Public Hearing at 7:33 P.M.
Director Brown explained that when the Guiterrezes proposed installing a tennis court, Staff had concern
about the impact of stormwater runoff on some of the neighboring properties. He stated when the
Country Club Meadows development was platted there had been lengthy discussion about stormwater
runoff. Staff recommended not to vacate the easements until they were confident the drainage would be
split two directions.
Brown noted that the City had received the drainage calculations, and Sl:iil was satisfied with the
calculations; and the draft resolution should remove wording that ~acuti~~n would be contingent on
subsequent approval of the City Engineer.
Wellens moved, Turgeon seconded, Adopting RESOLLI:TION NO. 07-1142, "A Resolution
Approving Easement Vacation at 5615 and 5635 Fairway=Dri~~c" Motion passed ~,'0.
Mayor Lizee closed the Public Hearing at 7:36 P.M.
C. Vacate Public Right-of--Way -Bowman TI-i rd :add ition
Mayor Lizee opened the Public Hearing at "; : _; (~ I'.~VI.
Administrator Dawson stated that the request l~~ ~ac~tt~ a r,uhli~ ri~~ht-~~l-way also required a public
hearing to be held.
Dawson explained that in \ta~~ ?Ou7 Council a}~4~ruved the final plat for Bowman 3rd Addition, a
subdivision that created thrc~ nc~~ l~>ts in Deepha~~n that would be accessed from Manor Road in
Shorewood. Becausei~e:ne« r~~~i~i ~~ n~ii~g the Deeph<<<~en lets would be privately owned and maintained,
the plat included vacation c~f_th~ }~uhl i~ right-of-ws~~ ~~r~~i~usly platted as Bowman Court.
Seeing no tul~ prc~cnr ~~ i,l~in;~ to ~}~~~il: ~~n this topic, Mayor Lizee opened and closed the public
testimony ~~c~r~i.onofth~ 1'ubli~ I I~~~~rim~ al 7:38 P.M.
Woddrufl` moved, Turgeon seconded,-Adopting RESOLUTION NO. 07-043, "A Resolution
Vacating Bii~~ n~~in Court". Motion passed 5/0.
Mayor Lizee clo.c~{ i}~e Public Ei~aring at 7:39 P.M.
7. PARKS
A. Report on Park Commission Meeting Held June 12, 2007
Commissioner Trent reported on matters considered and actions taken at the June 12, 2007, Park
Commission meeting (as detailed in the minutes of that meeting). He also stated the summer recreation
programs put on by the MCE were underway; a skate board camp was scheduled for early July; and the
Children's Music in the Park event was scheduled for June 27, 2007.
Councilmember Callies stated she was aware that Silverwood Park was highly used. Based on that, she
questioned why the Park Commission suggested the City hire a consultant to help the Commission
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 6 of 9
explore options and trends in Park Planning. Commissioner Trent stated the Commission wanted to
ensure the full potential of the Park was utilized.
Councilmember Callies questioned if it would be appropriate for the Park Commission to coordinate an
educational workshop for residents on what resources were available to help with managing water quality
in small ponds. Director Brown related the Park Commission had previously decided that it did not want
to become involved with stormwater issues. He suggested Engineer Landini could possibly coordinate a
workshop for that purpose.
Councilmember Wellens stated he would want to see specific information ~ih~~ut the use of the Manor
Park tennis courts and the residents' desires available before any action was taken to eliminate the
existing courts. Commissioner Trent stated the Park Commission thuu~l~t it ~~~ould re-solicit information
from the residents in the Manor Park area with regard to their u~c ~~~ the courts. Councilmember Callies
stated residents outside of the Manor Park area also used the tennis c~~urts at 1lianor Park; therefore, any
survey taken should not be specific to those residents only:. -
8. PLANNING
Commissioner Gniffke reported on matters considered and ~iction5 t<<ken at the June 19, 2007, Planning
Commission meeting (as detailed in the mim~tes of that meeting i.
9. GENERAL/NEW BUSINESS --
A. Appeal Zoning Violation Notice.
Appellant' Thomas anti Patricia Schcrl~cr
Loc;ition: X030 Shady Isla»d Trail
Administrator Daws~l ~ rate d i he r ~ i t~- ltad received ~~ req~iest to appeal a zoning violation. He stated it
was unclear if there had been a~l~cr~c possession.
Associate Attornc•,- ~1~1ycr~~n c~hlainc~i the r ~ity h~,ci received a complaint alleging that Thomas Scherber,
5080 Shade I>land 'Frail. 1~a~1 ~iddcd till quid paved his driveway over his property line onto an adjacent
vacant lot which was owned h~ ih~ ~l~a~l~~ I:~I~ind Home Owner's Association). The complaint also cited
a small utitit~. building and ~ario~i, consrruution materials that had accumulated on the property over the
years. The comhl~int was found to be accurate.
Mayeron related t}gat 'vtr. Schcrb~r had stated that he and his wife may have gained title to some of the
adjacent property thrn~~~ h a~l~~crae possession. Mayeron explained that a building on a vacant lot was a
zoning violation.
Mayeron stated that Statf recommended the Scherbers be given time to file an adverse possession claim.
If the Scherbers could establish adverse possession, then the property line would essentially be moved.
Mayeron explained that adverse possession means if two adjacent property owners behave over a period
as though the property line was in a location other than where it actually was, then the assumed property
line becomes the actual property line.
Mayeron then stated the Scherbers would have to file an adverse possession lawsuit within thirty days.
The lawsuit would have to be resolved within six months. He clarified the time period would start this
evening if Council approved Staff's recommendation.
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 7 of 9
Woodruff moved, Wellens seconded, granting Thomas and Patricia Scherber a thirty-day
extension to appeal their zoning violation notice and six months to resolve the case. Motion passed
5/0.
B. Park Commission Appointment
Administrator Dawson stated that Park Commissioner John Moonen had submitted his resignation from
the Park Commission as he was relocating. He then stated Council may wain t~~ consider appointing one
of the remaining two candidates, Travis DeMers and Steve Quinlan, it ba~i intcr~,iewed in March 2007 to
fill that vacancy.
Callies moved, Woodruff seconded, Approving RESOLUTION ~ O. 07-~1~~, "A Resolution Making
the Appointment of Steve Quinlan (for a term ending February Z-'), 2008] ter thr City of Shorewood
Park Commission." Motion passed 5/0.
10. ENGINEERING/PUBLIC WORKS
A. Change order to Radio Read Water Meters
Director Brown stated at its May 29, 2007, r~~ecting Council awarded the contract for replacement of a
portion of the City's water meets and automated ~~ ~tcm to Northern ~~ ater Yorks. At that meeting there
was discussion with regard to the City eontinuin~_ <<~ proceed with the repl~rcement of the two-inch and
three-inch meters as a cost savings measure.
Brown explained if the Cii~~ ~~i~ted t~> not replace the sixteen two-inch and three-inch meters included in
the bid at this time, that ~lcl,r~ ~~ Budd re:,ult in savings ~~f $31,964.17. He also explained since the time of
bidding, Staff detern~ i r~ ed ih~r i i h ~ e ~ i ~t ing 207 one-its c h meters (included in the bid) could be replaced
with 207 5/8 x 3/4 meters rrather than Mme-inch meters) lur an additional savings of $11,206. The total
bid savings would ire ~-~? _ 1 -~ i. ( ;'.
Councilmembe~r Calfics stated i ~ ~~ as her r~;eolleetion that during the discussion of the Radio Read Water
Meter i'rui~ct at the May ~~~, ~Uu_ ~ ~~>ui~eil nieeting, Council accepted the bid and awarded the contract
to Northern ~~'ater Works as prc~~nted. [ he decision with regard to the replacement of the larger meters
would be considered at a future date; there was no formal action taken to delay the replacements. She
thought the cunsidcration of a change order for that purpose was premature.
Director Brown stated there ~~a~ service life left in the larger meters and those sixteen meters could be
replaced in Phase lI; he nc~~~d Phase II would not happen for 2 - 3 years. The City would need to
accumulate revenues fr~n~ water sales before that could happen.
Mayor Lizee questioned if the larger meters were included in the bid because of the location of the
properties the meters were on. Director Brown stated that was the reason. The meters were located in
areas that were somewhat difficult to access. Lizee stated based on the original rationale for including the
larger meters for replacement in the bid, she thought it would be appropriate to complete the replacement
of meters as bid out. A delay in replacement would most likely result in an increase in cost.
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 8 of 9
In response to a question from Councilmember Turgeon, Director Brown explained that approximately
60% of the larger meters were located on commercial properties and the remaining meters were located
in places that were difficult to access.
Councilmember Woodruff stated he would prefer to sacrifice the replacement of a few more expensive
meters (the larger ones) for the benefit of replacing more of the smaller meters.
Wellens moved, Woodruff seconded, Adopting RESOLUTION NO. 07-045, "A Resolution
Approving a Change Order 1 for the Ratio Read Water Meter Project C its- Project No. 07-04."
Councilmember Callies stated she thought it was a mistake to eliminate the replacement of the sixteen
larger meters as part of the project rather than reduce the numl~cr ~~i~ ~n~~zller meters that would be
replaced. She stated she would not vote against the motion l~~ approve the change order as it was
important to move the project forward.
Motion passed 5/0.
B. Accept Storm Water Pollution Protection k'rugram (SWPPT) Report and
Authorization to submit to the Minnesota l'u I I u ti ~ ~ n. Control Agency
This item was removed from the consent agenda at Councilmember `~ c~~~druff s request.
Councilmember Woodruff stated he had submiae~l ~~ list ~~i questions t~~ ~t~Gi_f regarding the SWPPP and
he had received responses from both Director Bra ~ ~~ n ~~ n ~I 1 ~.n <~i n r~~r I ~~ n ~i i ~ ri. He commented that the State
did not expect 100% fulfillment ~f the plans to be ,ubmitted. 11e also ~;ommented that the State accepted
the Public Information Heacin,~ Recar~ling Storm V~ at~r Pollution Prevention Progranl which was held on
March 12, 2007, satisfied tl ~~ r~~ p ~ ~ ri i n ~r rc~7uirements for ~ X06.
Woodruff suggested that ti1't~Pl'I' l~~ ~liscncsed at a (~nun.~;il work session to ensure Council had a clear
understanding of the SWP:I'1' rcquir~mcnt,.
Woodruff moved, V1~ellcns Sceiin~lyd, t~~ Direct Staff to Prepare a Record of Decision Regarding the
Storm ~~~ater Pollution Protection I'rcvcnti~n Program. Motion passed 5/0.
11. S'T~1Ft' 4ND COUN+<~l I. REP(aRTS
A. ~~dininistratur ~ Staff
None.
B. Mayor ~ City Council
With regard to the auditor's recommendations, Councilmember Wellens questioned what action Staff
was going to take.
Director Burton stated that during the 2008 budgeting process Council would be asked what action it
would want to take on the 1993 Improvement and Refinancing Debt Service Fund. She would summarize
all the recommendations made in the Financial Report and recommended actions.
SHOREWOOD CITY COUNCIL REGULAR MEETING
June 25, 2007
Page 9 of 9
With regard to the City charging City departments for water and sewer usage, Administrator Dawson
stated that would be a policy decision -was the City a customer of those systems or was there a benefit
to everyone in the system and therefore it was appropriate not to charge. Councilmember Callies stated
she would like to have a discussion on that topic before any action would be taken. Councilmember
Woodruff stated this was more of a "bookkeeping thing"; he questioned what would the cost be to do it.
Director Brown stated not all the facilities had meters, but he thought the water usage could be estimated.
Brown also stated that the irrigation systems for the City parks were the larger City users of the system.
He then stated that charging the City departments for water would be a way to increase revenue in the
Water Fund.
Mayor Lizee suggested Council could have a "high level" discussion « i th r~ card to the topic.
Mayor Lizee stated Engineer Landini was coordinating a Green CZo~~f seminar ~~~hich was scheduled for
June 26, 2007, at the Southshore Center.
Mayor Lizee reminded Council of the EFD Board Work S~,.i~n to discuss the 2008 t~u~]~~~.ts.
12. ADJOURN
Wellens moved, Callies seconded, Adjourning the City Council Regular Meeting of June 25, 2007,
at 8:20 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Chri,~tine Lizee, Mayor
ATTEST:
__
Craig W. ~d1~~SU17, Cite .~dmini~tra(urClcrb
PAYABLES APPROVALS
For 07/09/2007 Council Meeting
~ s
.___
Prepared by =T - Date:
Michelle T. Nguyen, Sr. Accounting Clerk
.. ~-~-
.- tf.
Reviewed bv:~ ~.~ ~ ~ Date: ~ ; ~- `
Bonnie Burton, Finance Director
p~
,~; , .
Approved by: ~ `~ ~ __ °° Date: ~ m ~__~_~,
Craig awson, City Administrator
#3 R
PAYROLL APPROVALS
For 07/09/2007 Council Meeting
~~
~ `. ~~
Prepared by: ~~ ~~ ~ Date:
Michelle T. Ngu~eri, Sr. Accounting Clerk
~-_ - ~. ~ q
Reviewed by:° _~ ' Date:
Bonnie Burton, Fin~~nce Director
Approved by: ~ ° ~'' ~ a Date: _~ ~~ . T
-~
Craig llawson, City Administrator
ciTV or
-~ 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:
FROM:
DATE:
RE:
Mayor and City Council
Craig Dawson, City Administrator
Larry Brown, Director of Public Wor s
July 5, 2007
Regular Appointment of James Landini to the Position of City Engineer
Mr. James Landini has successfully completed the six-month probationary period for the position of
City Engineer.
Performance: We are pleased to report that in his performance review, all of Mr. Landini's scores
at least met expectations and often were above that level. It has been noted by many of the staff
members that Mr. Landini is very methodical in his approach to engineering issues, and is very
effective at responding to resident or contractor concerns.
Mr. Landini has tackled many projects in the six-month period. Many of these have been analyses
and working with residents on drainage issues. In addition, Mr. Landini successfully completed a
long-time goal for the City to compile and update the Infrastructure Project Matrix. This matrix
was presented to the City Council, and is currently published on the City's web page. Staff has
received many comments from the public that the matrix is comprehensive and very
understandable.
In addition to the day-to-day routines, Mr. Landini has also made himself available to complete
tasks outside of the normal realm of the City Engineer. For example, the network server had to be
relocated in order to solve several ongoing issues. Mr. Landini volunteered to plan, perform
network cabling and relocate the server. This was an item that normally would have been
contracted out. Staff was very pleased to see the network server moved without affecting any
operations. This is the most recent example of Mr. Landini's expertise, professionalism, and
willingness to jump into a project that is outside of the responsibilities of the position.
Direct Cost Benefits to the City: There have been and will continue to be a number of benefits
from the position of the City Engineer. Mr. Landini is fits well into this position.
t ® PRINTED ON RECYCLED PAPER
aF !l/111
Regular Appointment of City Engineer
July 9, 2007, City Council Meeting
Page 2 of 3
An analysis is attached regarding City's expenses for engineering consultant services over the past
five-year period.
The City has basically two areas of engineering items. The first area is implementing the Capital
Improvement Program or comprehensive planning items that are driven by specific projects. This
category is driven by project demand or plan status, and varies dramatically year to year based on
that year's project loading.
The second area, the general engineering category, includes items that often lie outside of the
capital projects. For instance, they include but are not limited to the following:
• Working with and resolving ongoing drainage issues with residents
• Review of building permit grading and drainage plans
• Compilation of plans and specifications for maintenance programs such as seal coating,
pavement markings
• Database management and record retention for all utility construction
• NPDES programming and permitting
• Survey information
• MCES, MPCA, permit and documentation
• Preparation of Ordinances and Codes and administration of such
• Stormwater Pollution Prevention Program and administration
Council will notice that the consulting expenses in the general engineering category increased
during 2004-2006, and that it has decreased dramatically this year.
Where the City can perform services in-house, versus utilizing a consultant, it is a substantial
savings for the City. A second attachment is the current rate schedule for the consulting firm.
Using a loaded labor rate (i.e., with FICA, PERA, and all other benefits) of $39.10 per hour for Mr.
Landini, the City ends up saving substantially.
Councils have indicated a desire to perform services in-house when additional savings will result.
Realizing that in the first six-month period there is a vast amount of information to be learned, in-
house services thus far have focused primarily on learning systems, ordinances, and practices that
are in place; updating records management and permitting; and learning some of the specific
situations for Shorewood.
With progress being made on this learning curve, it is planned that additional projects will be
completed in-house. This should begin with compilation of feasibility reports, where practical.
Often, very sophisticated and expensive design software is needed to perform roadway design,
storm sewer design, and water modeling. Staff continues to evaluate the cost/benefit of purchasing
such software, versus utilizing a consultant for future CIP discussions. For now, the City Engineer
can utilize the City's consultant for assistance to design, completing analysis, and the compilation
of many of the feasibility reports.
Regular Appointment of City Engineer
July 9, 2007, City Council Meeting
Page 3 of 3
The City Engineer is involved in the many design aspects of projects, and not just their feasibility
reports. Mr. Landini has shown proficiency in storm water design and drainage, and water system
modeling,
The City is seeing dramatic needs identified in the Capital Improvement Program and the
Infrastructure Project Matrix. While the City of Shorewood is nearly fully developed, the number
of infrastructure projects is increasing. The demand to complete more roadway projects alone is
very substantial. Utilizing more in-house services for these projects is a cost saving for the City.
The City has already seen savings by having in-house engineering. With the growing demand for
additional roadway projects and other infrastructure projects, the savings to the City will increase.
Indirect Cost Benefits: In terms of infrastructure demands, the ones with the most immediate
costs facing the City are roadway projects and associated costs.
Next in line, and one with significant future costs, relates to all the requirements that are under
consideration (with great debate) are the Non-Point Degradation and Elimination System (NPDES)
and the Stormwater Pollution Prevention Program (SWPPP). Currently an entire host of regulations
and requirements is being debated that will be handed down to cities within the next few years. As
an example, proposed regulations include the potential for technical storm water quality monitoring
for major storm-water outfalls. That item alone will have a significant cost and staff requirements.
This mandate would be in addition to the complete monitoring and documentation program for each
of the City's 1,379 drainage outlet structures that is already in place and must be submitted each
year to the State.
One of indirect benefits of what Mr. Landini brings as the City Engineer is his background in
hydrology, storm water modeling, and his current position as a manager on a Watershed District
Board.
Other benefits include much-needed relief for the Director of Public Works, Larry Brown. On the
average over the past five years, timesheets went from the average of ranging between 120 - 140
hours for atwo-week period, to 90 - 100 hours for the two-week timesheet totals since the addition
of the in-house City Engineer. Prior to hiring the City Engineer, the Director was forfeiting
between one to three weeks of vacation time each year to meet the demands of the schedule and
operations for the Public Works and Engineering divisions. The Director spent many nights and
weekends to try to meet both project and internal demands, as well as managing consultants.
Customers and other staff members were frustrated at the lack of availability to address permits or
other internal issues. Since the separate City Engineer position has been filled, permits and other
issues have been able to be addressed in a timely and responsive manner.
Recommendation:
The City Administrator and Director of Public Works recommend that the City Council
adopt the attached resolution making regular appointment of Mr. James Landini to the
position of City Engineer.
CITY OF SHOREWOOD
RESOLUTION NO.07-
A RESOLUTION APPROVING THE REGULAR APPOINTMENT OF
JAMES LANDINI AS CITY ENGINEER
WHEREAS, James Landini was hired by the City of Shorewood on January 8,
2007; and
WHEREAS, the six-month probationary period ends on July 8, 2007; and
WHEREAS, the City Administrator and Director of Public Works has reviewed
his performance and has recommended that the City Council permanently appoint James
Landini as City Engineer;
NOW, THEREFORE BE IT RESOLVED the City Council of Shorewood does
hereby appoint James Landini as City Engineer for the City of Shorewood.
ADOPTED by the City Council of the City of Shorewood this 9t" day of July,
2007.
Christine Lizee, Mayor
Attest
Craig W. Dawson, City Administrator
SUMMARY OF GENERAL SHOREWOOD ENGINEERING FEES
June 26, 2007
Year enera nspec ion
Services enera
Engineering
Totals
2002 $ 9,603.00 $ 2,597.00 $ 12,200.00
2003 $ 2,808.00 $ 1,475.00 $ 4,283.00
2004 $ 5,775.00 $ 9,368.00 $ 15,143.00
2005 $ 765.00 $ 37,250.00 $ 38,015.00
2006 $ - $ 90,043.00 $ 90,043.00
2007
(through 6/30/07)
$
-
$
5,259.00
$
5,259.00
Totals $ 18,951.00 $ 145,992.00 $ 164,943.00
~~ ii
2~30~ RQ~~ SCh,~ta~t[Z~ c
J
.Sitlitc8 ~ C!~
Rote/Haur
_. n
~.
Principal ~ $130,00
Associate
$122.00 C''
~
Sr. Project Manager $11~.0o f
Project Manager II $log.oo
Project Manager/Engineering Specialist III $102.00
Registered EngineerJRegistered Iand Surveyor/Engineering Specialist II $93.00
Project Engineer/Engineering Specialist I/Sr. Construction Observer $83.00
Engineering Technician V/Construction Observer/Grad Engineer $74.00
Engineering Technician.N/ScientistIII $bb.oo
Engineering Technician III/Scientist II $60.00
Engineering Technician II/Scientist I $5g.oo
Engineering Technician I $48.00
Offiee Technician II $61.0o
i
Office Technician I
$32.00
Survey (`I~vo-Person Crew/GPS Crew) ~ $136.00
Survey (Three-Person Crew/Expanded GPS Crew) $162.00
Costs associated with word processing, vehicle mileage, cell phones, reproduction of common
correspondence and mailing are included in the above hourly rates.
Reimbursable expenses include costs associated with plan, specification and report reproduction,
permit fee, delivery cost, etc.
is adjusted annually.
~ ii
MEMORANDUM
CITY ®F
E
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
DATE: July 5, 2007
TO: Mayor and City Council Members
FROM: Craig W. Dawson, City Administrator
CC: Jean Panchyshyn, Deputy Clerk
Bonnie Burton, Finance Director
RE: Fee Schedule
Fees that residents pay to the city for licenses, permits, service charges and miscellaneous fees
are determined from time to time by the Shorewood City Council. The attached Ordinance sets
the fees noted below:
TYPE OF
CHARGE/FEE
III. UTILITY RATES
Sewer
Sanitary Sewer Service
CITY CODE
REFERENCE
904.15.1a
IY. MISCELLANEOUS FEES AND CHARGES
Special Assessment Search
Plans and Specifications, paper copy
Plans and Specifications, CD copy
Tri-Annual Rental Housing
Appeal Filing Fee 1004.06(6)
VI. BUILDING, ZONING, LAND USE
Subdivision Sketch Plan Review 1202.03.1
CURRENT NEW
FEE FEE
$35/qtr/ N/A
residential
(seasonal)
15.00 20.00
N/A 35.00
N/A 70.00
N/A 100.00
N/A 200.00
Council Action
Approval of an Ordinance setting License, Permit, Service Charges and Miscellaneous Fees
vs
a®~® PRINTED ON RECYCLED PAPER
~,~~
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE TITLED
"LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES"
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as
follows:
Schedule A
CITY OF SHOREWOOD
LICENSE, PERMIT, SERVICE CHARGES
AND MISCELLANEOUS FEES
TYPE OF CITY CODE
CHARGE/FEE REFERENCE CHARGE/FEE
III. UTILITY RATES
Sewer
Sanitary Sewer Service 904. l 5.1 a
Delete $35/qtr/
residential
(seasonal)
IV. MISCELLANEOUS FEES AND CHARGES
Special Assessment Search. 20.00
Plans and Specifications, paper copy 35.00
Plans and Specifications, CD copy 70.00
Tri-Annual Rental Housing
Appeal Filing Fee 1004.06.6 100.00
TYPE OF CITY CODE
CHARGE/FEE REFERENCE CHARGE/FEE
VI. BUILDING, ZONING, LAND USE
Subdivision Sketch Plan Review
1202.03. l
200.00
City of Shorewood -Page 1
Rev 7/9/07
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this
9th day of July, 2007.
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
Ciry of ShoYewood -Page 2
Rev. 7/25/05
CITY ®F
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
FROM: Larry Brown, Director of Public Works
DATE: July 5, 2007
RE: Progress Report for Spring Cleanup
The City Council had requested a final billing report for Spring Cleanup that was conducted on
May 19, 2007.
Staff had hoped to report the final billing at the City Council meeting on Monday. However, the
primary contractor for the project has not submitted weight tickets to determine the final billing
amount. Despite the fact that an invoice had been received, the invoice has been declined until such
time as the proper documentation for the amounts requested has been verified.
Therefore, it is anticipated that the report will be presented at the July 23rd City Council meeting.
~. a' PRINTED ON RECYCLED PAPER
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
Celebrating 50 Years • 1956 - 2006
MEMORANDUM
TO: Mayor and City Council
Craig Dawson, City Administrator
FROM: Larry Brown, Director of Public Works
DATE: July 5, 2007
RE: Authorization for Expenditure of Funds -Water Tanker Truck
During the most recent City Council work session, for the 2007 - 20012 Capital Improvement
Program (CIP), staff presented a report with regard to the City's water tanker truck. It was noted at
that time that the existing truck, is a 1988 that was pltrchased used, .with 124,000 miles on it.
While staff had originally planned for replacement of the vehicle in 2008, the vehicle has developed
repair issues that could include a complete overhaul of the engine and transmission.
Based on the age and condition of the vehicle, staff researched options for replacement. Anew
tanker truck has been priced at $141,397. This is what. is shown in the CIP.
Staff also researched the availability of used tanker trucks. One of the primary areas of examination
was to review used fire tankers. However, staff found that most of the fire tanker trucks being
disposed of by the various departments were in excess of 20 years of age.
Research was also completed on a local level, and across the U.S., for these types of vehicles.
Interestingly, Phoenix Arizona has a large supply of used tankers, due to the arid climate. Staff
found that strict regulations have been put in place regarding dust control on all construction sites,
due to the dry conditions. Therefore, it is not uncommon to see a tanker truck parked on many of
the construction sites for such purpose.
Thus, in the midst of Phoenix, there exists a tanker manufacturer that reconditions used tractors
(obtained from a single leasing company) and places new tanks and appurtenances on these
vehicles. The tractors used for this typically are over the road vehicles that have 100-200,000 miles
on them. This is not uncommon for an over the road rig of this type.
~®p0 PRINTED ON RECYCLED PAPER
~3~
Mayor and City Council
Water Tanker Truck
July 5, 2007
Page 2 of 3
Staff compared proposals for various vehicles. Table 1 below shows the results.
Vendor Description Mileage Amount Location
Maverick 2000 Freightliner Under 200,000 -DOT $43,780.50 Phoenix,
Equipment Model FL 80 Certified, Oil Samples Arizona
New 2500 gal. tank and and Analysis
Equipment
Boyer Ford 1999 Sterling 230,359 No DOT $39,900.00 Minneapolis,
Model L7501. Used Certification, No oil Minnesota
Tanlc, No equipment samples
Heavy 1997 Ford 214,000 No DOT $40,000.00 Hamilton,
Equipment and Model 9000. Used Certification, No oil Montana
Trucks Tanlc, Limited samples.
Equipment
Circle D Truck 1997 International 225,000 No DOT $47,500.00 Abilene,
and Equipment Model 8100. New Certification, No oil Texas
2500 gal tank, no samples
equipment.
One Stop 1989 Ford Unknown, DOT $32,499.00 Camciala,
Motors Model L9000. Used Certified, No oil California
2500 gal tank, and samples.
equipment.- Calf
Forestry vehicle
Table 1
Staff has reviewed the vehicles and is recommending that the 2000 Freightliner, from Maverick
Equipment be considered. It is noteworthy that this vendor provides, as a matter' of normal
business, D.O.T. certifications and oil samples with analysis. In addition, this vehicle is equipped
with the proper fittings and equipment to fit the needs of municipal use.
Certainly staff kept in mind the cost of travel and filet costs for retrieving such a vehicle. Based on
current fuel costs and the mileage for the vehicle recommended, the following costs are anticipated.
Vehicle Purchase
Fuel Costs
Airfare (One way-2 people)
Lodging (estimated)
Logos and any additional safety lighting
hoses, or equipment not anticipated
Total
$43,780.50
$ 670.00
$ 340.00
$ 500.00
$ 2,500.00
$47,790.50
.Mayor and City Council
Water Tanker Truck
July 5, 2007
Page 3 of 3
Staff feels that the savings of $93,606.50 is substantial, and justifies consideration of purchasing the
used vehicle.
These expenditures, if approved, are to be funded form the equipment replacement fund. This fund
is comprised of dollars that have already been set aside in the fund, as part of the transfers into the
equipment fund each year.
Recommendation
Staff is recommending approval of the purchase of the 2000 Freightliner, from Maverick Equipment
and the expenditures as outlined herein, and shown in Attachment 1.
r-r~ur~ FHx r~u. : r~~.~~~~~y~ .aun. ~~ ~~~ar ~b:1~H(~ r1
June 22, 2007
Brad Masan
City of ~h.o~`cwood
Fax: 952-474-~i 1.91 ~2
As requestcd~ we are furnishing the following atxotatiaiz for
2,000 Freightliner i~'L-80 with new Maverick 2,5{}0 Water .
Systertx, Included ~ inch rear quiclc dump and vertical exhaust.
Specs as per wpb site.
Mileage under 200,000 actual miles
ail sample, I~C~T Inspected
1 Year Warranty on pump, tank, sprays and related items
Lu1np Suite Price
State/Local Tax
TOTAL
Respectfully Submitted,
Ric1c I~ohrn
$ 40,500.00
3,280.50
$ 43,784:50
ATTACHMENT 1
Maverick Equipment
Page 1 of 2
~~ ~ ~.
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Open ILlaily Until ~3:d0 plVt NCST ~l-480-704-'! $00 1~FI~~hl1}C, A~
CONTACT HOME BACK
TRUCKS
Conventional
Daycab
Conventional
Sleeper
Fuel Trucks
Sweepers
New!? Water
Tank Kits
Water Towers
Water Trucks
~~
(2) 2000 Freightliner FI-80's with 2,500 Gallon Maverick Water System
VIN: 1 FUWJJBA2YHB86636
VIN: 1 FUWJJBA6YHB86641
Photos
Request More Info
[spec sheet -printer friendly version]
~ _ ~._.._
. Cat 3126 @ 230 HP
. Allison Automatic (6 Speed) MD-3060P
. Air Conditioned
Power Steering
• Air Ride Suspension
• Air Ride Cab
. 6.14 Rear Axle Ratio
. Cruise Control
. AM FM Stereo Radio
Dual Fuel Tanks
. Air Ride Drivers Seat
. 11 R 22.5 On Budds / Alcoa Aluminum Fronts
. Oil Sampled
. Completely Serviced Thru Our Shop
~ ~ ~°
Comes With New Maverick 2,500 Gallon Water System
. Berkley 3x4 Pump
. Air Cab Controls W/Built In Air Shift PTO
. Chelsea "Hot Shift" PTO
. (6) Sprays (2) Front (2) Side (2) Rear
. . (1) 3/4" Hose Bibb
Rear Push Block With Tool Box and Built-in Hose Reel
Back Up Alarm, LED Lights, Heavy Mud Flaps
This Truck Has Been Fleet Maintained Since New.
Fresh D.O.T. Inspection and AZ Emissions, New Paint, Excellent Condition.
Work Ready!
Call for price.
Contact Rick Dohrn
480-704-1800
602-432-1619 (Cell)
http://maverickequipmentllc.com/2000FL8007specs.html 6/18/2007
Maverick Equipment
Maverick Equipment, LLC -Trucks and Heavy Equipment
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Phone: 480-704-1800 ~ Fax: 602-268-1876
Phoenix, AZ, USA
Print
Close Window
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http://maverickequipmentllc.com/DSC01074.htm1 6/18/2007
Maverick Equipment
Maverick Equipment, LLC -Trucks and Heavy Equipment
Phone: 480-704-1800 ~ Fax: 602-268-1876
Phoenix, AZ, USA
~.
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http: //maverickequipmentllc. com/DS C01070. html
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Page 1 of 1
6/18/2007
July 5, X007
City of Shorewood, lUtiV
5755 Country Club Ftd.
Shorewood, MIV 55331
Thank you very rnuoh for your consideration of this request.
Tony Lund
.--
`~
CITY U~
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
FROM: Brad Nielsen
DATE: 5 July 2007
RE: Street Vacation Request -Mike Seifert
FILE NO. Streets(White Street)
Mike Seifert has requested a street vacation of a "paper street" known as White Street. This
undeveloped right-of--way is approximately 155 feet long and extends eastward from Lake
Linden Drive. It begins approximately 300 feet south of the Yellowstone Trail/Lake Linden
Drive intersection (see Site Location map -Exhibit A).
This property has never been developed as a city street, but does have a sanitary sewer main
in it that serves 6085 Lake Linden Drive and 5990 Lake Linden Court, both of which are
owned by Mr. Seifert. Mr. Seifert also owns the property immediately north of the right-of-
way, which is an outlot for the Linden Hills plat and is occupied by a wetland. The reason
Mr. Seifert desires to have the street vacated is that it creates a nonconformity on his Lake
Linden Court lot, that prevents him from being able to add on to the west side of his home.
Since the sewer main serves two properties, staff recommends that the City retain a utility
easement over the sewer line. The City Engineer recommends that it be 20 feet wide,
centered over the main. The easement would be recorded with the resolution vacating the
street. A draft resolution is attached for your consideration. A public hearing has been
scheduled for the 9 July Council meeting.
Cc: Craig Dawson
Tim Keane
James Landini
Larry Brown
Mike Seifert
.~`'
~a ~~ PRINTED ON RECYCLED PAPER ~
v ~
Z
O
125 250 500
Feet
Exhibit A
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION VACATING PART OF WHITE STREET
WHEREAS, Notice of Public Hearing on the proposed vacation of part of the public
right-of--way for White Street in the City of Shorewood, Hennepin County, Minnesota, was
published in the Excelsior/Shorewood edition of the SITN~SAILOR NEWSPAPER on the 28th
day of June, 2007 and the 5th day of July, 2007, and in the LAKER NEWSPAPER on the 30tH
day of June 2007 and the 7th day of July, 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 9th day of July, 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 portion of White Street, legally described in Exhibit A, attached
hereto and made a part hereof, be and hereby is vacated.
BE IT FURTHER RESOLVED, that the vacated street be legally combined with the
following property:
"That part of Lot 6, Linden Park, Hennepin County, Minnesota, lying east of a line
running from a point in the northerly line of Lot 6 a distance 22 feet east from the northwesterly
corner thereof to a point in the southerly line of Lot 6 a distance of 22 feet east from the
southwesterly corner thereof."
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 9th
day of July 2007.
ATTEST:
Christine Lizee, Mayor
Craig W. Dawson, City Administrator/Clerk
Legal Description of Public Right-of--Way to be Vacated:
That part of White Street, as dedicated in Linden Park, that lies westerly of the west line of
Linden Hills and easterly of a straight line between the southwest corner of Outlot "A", Linden
Hills, Hennepin County, Minnesota, and a point on the north line of Lot 6, Linden Park, which
lies 22 feet easterly from the northwest corner of said Lot 6 as measured along the north line
thereof.
Exhibit A
( I7'Y O h
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: City Council
FROM: Craig W. Dawson, City Administrator
DATE: July 5, 2007
SUBJECT: Public Hearing and Resolution regarding "Host Approval" for Educational Facilities
Revenue Note for Excelsior Covenant Church
Excelsior Covenant Church is seeking financing from an Educational Facilities Revenue Note for up
to $3.0 million for the renovation of and an addition to its facility. As the City has already issued $10
million in bonds in 2008, any subsequent issue would not be "bank-qualified" and thus incur a higher
rate of interest for the ultimate borrower, the Church. The City of Deephaven is willing to issue the
Note for the Church's project. In this transaction, Shorewood is considered a "host city", as the
project financed by Deephaven is outside of its corporate limits. Under the U.S. Internal Revenue
Code and Minnesota Statutes, the host city -Shorewood -must hold a public hearing as well as give
its approval by resolution for the project's financing to proceed.
On June 11, the City Council set its public hearing on this proposal for the July 9, 2007, Council
meeting. Notice of the hearing has been properly published.
Following the close of the public hearing, the Council may make modifications to the proposed
resolution as it deems appropriate.
RECOMMENDATION:
Following the close of the public hearing, it is recommended that Council adopt the proposed
resolution (as may be modified) giving host approval for the educational facilities revenue note
to be issued by the City of Deephaven for the Excelsior Covenant Church project.
a~
r®r® PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 07 -
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE
OF AN EDUCATIONAL FACILITIES REVENUE NOTE UNDER MINNESOTA
STATUTES, SECTIONS 469.152 THROUGH 469.1651 AND
(EXCELSIOR COVENANT SCHOOL PROJECT)
WHEREAS, the City of Deephaven ("Issuer") is considering a proposal from Excelsior
Covenant Church (the "Borrower") to issue an Educational Facilities Revenue Note; and
WHEREAS, as Excelsior Covenant Church is located within the City of Shorewood ("City"),
a "host approval" resolution by the City is required in order that the Note may be issued; and
WHEREAS, as part of this financing process, the City Council is required to hold a public
hearing prior to action on a host approval resolution; and
WHEREAS, said public hearing was held on July 9, 2007, and the Council has taken full
consideration of public comment,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood,
Minnesota, finds and acts as follows:
Section 1. General Recitals. The purpose of Minnesota Statutes, Sections 469.152
through 469.1651 as amended, (the "Act"), is, among other things, to promote the welfare of the State
of Minnesota (the "State") by the active attraction and encouragement and development of
economically sound industry and commerce to prevent so far as possible the emergence of blighted
and marginal lands and areas of chronic unemployment and by providing necessary educational
facilities so that adequate educational services are available to residents of the State at reasonable
cost.
Section 2. Descr~tion of the Project. Excelsior Covenant Church (the "Borrower"), a
Minnesota religious corporation and organization described in Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended (the "Code") has proposed the issuance of a revenue note under
the Act, in one or more series, in an amount not to exceed $3,000,000 (the "Note") by the City of
Deephaven, Minnesota (the "Issuer") to finance the acquisition, construction and equipping of an
approximately 21,700 square-foot two-story addition (including an activity center) to and the
renovation of the existing pre-school facility located at 199955 Excelsior Boulevard in the City (the
"Project"). The Project will be owned and operated by the Borrower.
Section 3. Recital of Representations Made by the Borrower.
(a) The Borrower has agreed to pay any and all costs incurred by the City in connection
with the issuance of the Note, whether or not such issuance is carried to completion.
2041336vi
(b) The Borrower has represented to the City that no public official of the City has either a
direct or indirect financial interest in the Project nor will any public official either directly or
indirectly benefit financially from the Project.
Section 4. Public Hearin.
(a) As required by the Act Section 147(fj of the Code a Notice of Public Hearing was
published in the City's official newspaper and newspaper of general circulation, for a public hearing
on the proposed issuance of the Note and the proposal to undertake and finance the Project.
(b) As required by the Act Section 147(f) of the Code and Minnesota Statutes, Section
471.656, the City Council has on this same date held a public hearing on the issuance of the Note and
the proposal to undertake and finance the portion of the Project which is located within the
jurisdictional limits of the City, at which all those appearing who desired to speak were heard and
written comments were accepted.
Section 5. Host Approval. The City hereby gives the host approval required under the
Internal Revenue Code, the Act and Minnesota Statutes, Section 471.656 to the issuance of the Note.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 9t" day of July, 2007.
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator-Clerk
2041336v1 2
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 19 3UNE 2007
MINUTES
CALL TO ORDER
Acting Chair Gagne called the meeting to order at 7:00 P.M.
COUNCIL CIIAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
ROLL CALL
Present: Chair Schmitt; Commissioners Gagne, Geng, Gniffke, Hutchins, and Meyer; Planning
Director Nielsen; and Council Liaison Callies
Absent: Commissioner Ruoff
APPROVAL OF MINUTES
5 June 2007
Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 5 June
2007 as presented. Motion passed 5/0/1 with Schmitt abstaining due to his absence at the meeting.
1. DISCUSS PLANNING DISTRICT 6
Director Nielsen stated discussions regarding Planning District 6 had occurred at the April 3, 2007, and
May 15, 2007, Planning Commission meetings. He explained the area under discussion included the
following commercial sites: 1) the Shorewood Yacht Club (SYC); 2) the Minnetonka Portable Dredging
Company (MPDCo); 3) the South Lake Office Building; 4) the Garden Patch Nursery; and 5) the property
located between the South Lake Office Building and the Garden Patch Nursery (the old Crepeau Dock
location). The SYC property was zoned L-R, Lakeshore Recreational; the South Lake Office Building
property was zoned R-C, Residential Commercial; and the MPDCo, the Garden Patch Nursery, and the
old Crepeau Dock properties were all zoned C-2. The R-C District was intended to transition from lower
intensity uses to higher intensity uses. The C-2 District was a specialized district that was established to
address existing industrial uses in that area.
Nielsen clarified that the City was not trying to change the zoning of the properties in the area at this time.
He commented if the current zoning remained in place for the next 20 years the City would not have any
objection to that. Although the City may not have chosen to have the MPDCo at its current location if it
was starting with undeveloped property, the company was recognized as a valuable asset to the area in the
Comprehensive Plan and it did provide a valuable service to the Lake Minnetonka communities.
Nielsen also clarified the purpose of this effort was to define the City's vision with regard to future
development of the area, and to incorporate those changes into the City's Comprehensive Plan when it
was revised in 2008.
There was ensuing discussion with regard to the following items (the majority of which had been
discussed in the previous two meetings).
- The L-R District and C-2 District have distinctively different zoning requirements.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
19 June 2007
Page 2 of 3
- The access to the SYC and the MPDCo properties was an issue, and it had been discussed
in depth at the previous meetings.
- There would be a significant impact on County Road 19 traffic if higher density
developments were allowed in the area. The road could have to be widened to allow for
turn lanes. Any change in use with access to a Hennepin County road required approval
from the County.
- The SYC and MPDCo properties should be rezoned to residential if they did not retain
their current uses; and the density could not be any higher than the surrounding
properties.
- There was a preference to redevelop the SYC and MPDCo properties at the same time,
although that could not be a requirement.
- A Planned Unit Development for the SYC and MPDCo properties was an option. If a
P.U.D. was granted, a condition could stipulated that the City could acquire Site 2 on the
SYC property (the small northwest parcel of land) for a small park setting with pedestrian
access only.
- The wetland portion of the SYC could not be filled in based on the City's current
regulations.
- The responsibility for addressing the access and traffic issues would the developers.
- The SYC and MPDCo properties would probably not be a large enough site for
commercial development.
The following summarizes the changes that should be incorporated into the Comprehensive Plan.
- With regard to the SYC and the Minnetonka Portable Dredging properties:
^ If the properties did not retain their current uses, then the properties should be
rezoned for residential use.
^ If the properties were rezoned to residential, the density would be determined
based on the access to the properties. The issue of access to the properties would
have to be addressed by the developer, as would any County Road 19 issues.
^ It was the preference that the two properties be developed together, although that
could not be required.
- With regard to the Garden Patch Nursery and the property between the South Lake Office
Building and the Garden Patch Nursery:
^ If the need for the uses allowed in the C-2 District went away,. then the then the
properties would be rezoned to R-C, Residential Commercial.
Director Nielsen stated he would draft an amendment to the Comprehensive Plan to reflect the outcome of
the discussion.
2. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
3. DRAFT NEXT MEETING AGENDA
Director Nielsen stated there was a Conditional Use Permit for Accessory Space and a request for a
Hardcover Variance slated for the 17 July Planning Commission Meeting Agenda.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
19 June 2007
Page 3 of 3
4, REPORTS
Liaison to Council
Commissioner Gniffke reported on matters considered and actions taken at a June 11, 2007, Regular City
Council meeting (as detailed in the minutes of that meeting). Councilmember Callies reported on a
discussion regarding noise regulations at the meeting.
• SLUC
No report was given.
• Other
None.
5. ADJOURNMENT
Gniffke moved, Gagne seconded, Adjourning the Planning Commission Meeting of 19 June 2007 at
8:05 P.M. Motion passed 6/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
CITS 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
FROM: Brad Nielsen
DATE: 5 July 2007
RE: Catain,. Michael -Appeal Zoning Violation
FILE NO. Property(4550 Enchanted Point)
Based upon a resident complaint, our office sent a zoning violation to Mr. Michael
Catain, the owner of property located at 4550 Enchanted Point (see Site Location map
-Exhibit A, attached). The violation letter (Exhibit B) informed Mr. Catain that a
second dock, erected on the east side of his property, is in violation of Shorewood's
zoning regulations and directed him to correct the violation by 2 July 2007. We also
gave him the opportunity to file an appeal, which his attorney has now done (see letter
from Jeffrey Lambert, dated 2 July 2007 -Exhibit C, attached).
Mr. Lambert's appeal raises three points relative to the violation. Following is staff's
response to these points:
1. "Guest House". In November of 2005,. Mr. Catain was granted a conditional use
permit to construct an accessory building that put his property in excess of 1200
square feet. The original application was for a garage. Mr. Catain. subsequently
changed the proposed use of the structure to a studio for his wife, eliminating the
garage doors in the building. The structure has never been approved as any kind
of dwelling, which would not be allowed under Shorewood's zoning regulations.
Section 1201.03 Subd. 2.c.(4) of the Zoning Code limits the number of dwellings
per property to one. If this structure is being used as a guest house, that
constitutes a separate zoning violation.
2. Separate address. Neither Mr. Lambert, nor the property owners have a basis for
believing that the accessory structure has a separate address. The Planning
Department issues addresses. No such address has been issued, nor-would it be.
.~
~a r7 PRINTED ON RECYCLED PAPER
#gq.
Memorandum
Re: Catain Zoning Violation Appeal
5 July 2007
3. Low Water. While this argument could have some merit in the case of a variance
request, it would be more compelling if there were not a number of boats docked
in the lagoon (at least one of which is docked at Mr. Catain's property).
4. Other Violations. This matter is in response to a resident complaint. Mr. Catain's
attorney does not provide addresses of other sites that maybe in violation of the
dock regulations. Upon receipt of such information, staff is more than willing to
investigate. If may be worth noting that we are in the process of investigating two
other dock violations in the vicinity.. One involves an alleged unlawful use of a
residential dock. The other has to do with docks on property that has no principal
dwelling.
Cc: Craig Dawson
Tim Keane
Michael Catain
Jeffrey Lambert
-2-
a~e
O
~ ~
~ ~
~ ~ ~
~ ~
1~
~ ~
~ ~ ~
\\ ~ ~
NCHPN~ED LP
E w
oon
~~
~ ~=G~~~
atain
roperty
Lake
Minnetonka
N
0 125 250 500
Feet
exhibit A
s~T~ Locaz,zo~v
~ai~ io anon - Ahpe~i~
Jul, 2. 2007 - 2:37PNi-~ ~~,--•JEFFREY W LAMBERT PA"'
~r+~
v~
i
~~~
~~~
~~~'~
1~ 7tiu~c 2007
No. 04$9 P, 3
~~~~ ~~
~~~~~
575~a CoU FAX (9 2) 4784 01~28p wwwOt~EW~00 a,m t ue EG ~~ A~563 ho ewood,n n~ ~, 474-338
N1r. Michael Cataul
4550 enchanted Paint ..,,
. _ . __ . ._ . ,,.~aore~4
R.@, ~onin~ Violations -- 4550 ~ncl~anted Paint
p,Y.I~I'.30-117-23-33-0030
pear 1vlr• Ce-taint
C1ur of~ee has received a resideztt complaint a1legiztg that a second dock has been ponstrtacted on
the above-referenced property. LYpon inspection of the pzemises, the allegation vvas found to be
accurate. The following violation of Shorewoad's caning Code (Chapter 1201) Was fouzzd:
Two dads Yocatetl bll one residential property.
5eotion 1201.03 ~ubd. 14.c., a copy of which is attached, specifically limits the number of docks
on, xesidcntial property tc one. This is to advise you that the violation zx~ust be corrected by 2 Suly
2007, attex which your property'Wxll be reinspected far compliance. Failure to comply wi11 result
in the matter being tumid over to the City Attorney for further logal action.
~' you, wish to appeal this ordex to the City Council, you must do so in wzitir-g, by 2 July 2007.
dour appeal must state why you can not ox will not correct the violation, or if you rettuest
additional time for compliance, how xs7,uch time. Your written. appeal will stop fLU-ther action
until such time as the City Ceurscil has considered the matter.
I wilt be out of the of~iee from 22 June to 2 July. Tf you have any questions relative to this letter,
please do nofi hesitate to contact me before or after those dates by phone at 952-474-3236 ar by
e_mail: b~uelsan ci.shorewood.mz~,us.
CxT'y' QF SI-J4RE-VVf3QD
~Y
Bradley S. I~Tielsen
pla~ir-g I7ireator '
Cc: Cxaig Dawson Tien Keane
~~ p pRINYE~ ON ftEGYGLE Exhibit B
~' ZONING VIOLATION LETTER
ate une
Jul. 2. 2007 2:36PY~
407 PAST LAKE STftE£T
Suc•rL200
WAYZATA, hdN' 55391
July 2, 2007
Shorewood City Council
c/o Graig Dawson, City Achninistiator
City of Shorewood
5755 country Club 12.oad
Shorewood, MN 55331
Re. Appeal of June l$, 2007 Complaint
4550 Enchanted Point
mo the Nlayor and the City council:
Z represent Michael alid loan Gatain, X45 S 0 Enchanted Point, Shorewood. This letter should
serve as notice of oltr appeal from the Zoning'Violation complaint from Bradley J. 21'ielsen, P1a>7ning
Director, dated Tune 18, 2007 to my cliezats. A copy of the letter is attached,
The current dock construction is necessary and in our opinion is not in violation of the
ordinance. The alleged second dock serves the guest house which my clients understand has a
separate address and separate billings for utilities. Given t11e low water situation on Lake
Minnetonka, it also necessary to have a second dock. J~inatly, my clients have asked. the neighbors,
wl~a have similar situations and none of them have been contacted regarding possible violations of
the Shorewood Zoning Code. Accordingly, this allegation against my clients appears to be
discriminatory and selective enforcement.
Please have someone contact me prior to any proposed hearing before the City Council.
JWL/rb
cc: Michael and Joan Catain
JEFFREY W LAMBERT PA
JEFFREY W. L,A~MBEFZT, l',A.
ATTDI2NE~Y AT'L,AW
CVo, 04&'9 P. 2
(952} 475-3935
I'ACStMTLS: (952} 975-0301
~su~~ JeN~Cc~t.~r,Arvox>:sc~.cou
B'Y ll`AX (952 474-0128) ANA U.S. IYIAYTt
Exhibit C
APPEAL LETTER
ate u y
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: City Council
FROM: Craig W. Dawson, City Administrator ~-
DATE: July 5, 2007
SUBJECT: 2007-2028 Capital Improvement Program of the Excelsior Fire District
This item has been continued from the June 11,2007, City Council meeting. The Council was
reconsidering the proposed 2007-2028 CIP of the EFD, after the EFD Board had provided
consultants' reports that indicated a $35,000 figure to include for technology in year 2008 of the CIP
was appropriate. After much discussion, it was decided to continue this item to July 9, so that the
Council could attend a work session of the EFD regarding the 2008 budget, and have a chance to ask
questions regarding technology proposed for 2008 in the CIP.
At the end of the June 27 work session, the Board gave direction to its staff regarding revisions to
both the proposed 2008 budget and the proposed CIP. The Board would consider them at its July 25
meeting. It plans to act on a revised CIP relating to technology and any amount of fund transfers at
that time, and then forward the CIP along with the proposed 2008 budget to the city councils for
action in August. The Board believed that it heard sufficiently the concerns of the councils on the
draft preliminary budget on June 27, and there was no need for further review by the councils of a
preliminary budget during July.
City Council Action:
No further action by the City Council is needed at this time.
..
S®~® PRINTED ON RECYCLED PAPER
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236
FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us
MEMORANDUM
TO: City Council
FROM: Craig W. Dawson, City Administrator
Larry A. Brown, Director of Public Works
DATE: July 5, 2007
SUBJECT: Authorization for XceLBnergy To Place Surcharge for Undergrounding Utility
In County Road I9 Intersection Project
One of the features of the County Road 19 intersection project was the placement of utility lines
underground. Xcel Energy provided an original estimate of approximately $84,200. It provided a
revised estimate of $169,000 early in the construction process, based on the reality of working in a
tight corridor, encountering other buried utility lines and pipes that were not known to exist, and rain
delays. After its work on the project was completed, Xcel presented a claim for $292,000; staff
balked at the figure.
In early June, after over a year of negotiations, Xcel submitted a request for $169,000, plus "carrying
charges" in recovering its costs for its work. Given the reality of the field conditions and the
representations made by Xcel at the time of its revised estimate, staff believes that the total is fair to
all parties.
According to terms in the cooperative agreement for the County Road 19 project, Hennepin County
will pay for one-half of the $169,000 amount. Based on this information, Xcel has revised its
request for payment from Shorewood to $89,430 (which includes carrying charges).
Based on the State regulatory rulings, Xcel is required only to pay for the estimated cost to place
facilities when replacing them. The incremental cost to place facilities underground must be paid
either by (a) the City as a corporate entity, or (b) all of the Xcel ratepayers in the city requiring the
lines to be buried. In (b), the ratepayers pay a surcharge on their Xcel bill until Xcel has recovered
its additional project cost. Other pertinent parts of the rules include:
• The minimum surcharge is $1.00 per month
• The: maximum surcharge is $4.50 per month for a residential customer
• Multiple projects may be pooled within the $4.50/month cap, and the minimum surcharge for
any one prof ect may then be less than $1.00 per month
• The maximum length of time for surcharge of any individual project is five years
s_ ~ PRINTED ON RECYCLED PAPER (p
~ f "_'
Costs for Undergrounding Xcel Utilities - CR 19 Project
July 9, 2007, City Council Meeting
Page 2
Thus, it is important to be strategic about priorities and selecting the duration of surcharges for
individual projects, so that the City is not precluded from requiring underground installation due to
the $4.50/month cap.
Costs for one Xcel project are currently paid by surcharge -for undergrounding along Smithtown
Road from Boulder Bridge south to the City limit. This $1.00/month surcharge will expire at the end
of this year.
When the CR 19 intersection project was begun, it was the Council's expectation that these costs
would be paid through the Xcel surcharge. This was consistent with the earlier decision that
ratepayers in Shorewood would pay for improvements affecting their electric utility. Other City
monies would remain available for other uses, such as City infrastructure projects.
Xcel has proposed a 23-month surcharge, which would result in a $1.25/month surcharge for a
residential customer. (The total $85,987 surcharge would take 22.11 months to recover. The 23rd
month's surcharge would be reduced so that the total cost would be $85,987, rather than the $89,430
shown.) It has prepared the following chart for all classes of customers:
NSP d/b/a Xcel Energy ___._ ~T~ ~~ ~ ~~
City Requested Special Facilities Surcharge (CRFS) ~_-~ ~-~-~~~
City-of Shorewood -----------~ -~--_._.~ ~~ -------_.._~
(~
L.._~l (~
l._._l
___-_ _ _ _. _w.. .- ________._ Excess Expenditures =
~ _ _ _____.__...........-___ ~~
_ $79,50
~
~
Customer Class
Customers
Surcharge Months Recovery
^ ^ Residential -
~ ___. _ 2,785 ~ $1.25 23 ___. ____ $80,069
~ ~ NV
Low Income
~ (~
~? 00
$1
~ 23 ~ $276
~ ~~ -_~ ____________._ N___
Small C&I ND --'__--
-_...v~ 149 '
____-_
$1-25 -
23 $4,284
~ ^ ---------------._.__..-.-.__
Small C&I
~ ~ 9 _ ----.- ---
$3.75 ...-..-
--- _
23 -----------
$3,364
^ ^ ~-
Large C&I ~oVe„ M,M ~ ~~ ____ $5.00 _
-
23 ~ $460
(~~ ~ Street Lighting
~ ~ 10 ~~
$1.25 23 ~ $288
~ ~ -_
Sm Mun Pump ND
~ 18 ( -______--
$1-25 -
_
23 ~ $518
^ ~ -_----
Small Mun Pump ~ ---_--------
(~-~(
L - $3.75
~ _--__
.._
23 ~ $173
~ n
~ .~___.______
Large Mun Pump
~ ~~ ~5
00 23 $0
^ ~~ -----._..__..__- _
Total ____._ ._ ~ ___-_-- 3,019~ -
~~ ---...--.-._
...--
(~~
LL ---------._.~.
_____.---$89,430
Total Carrying Charges included ~n recovery amount $6,487
RECOMMENDATION: Staff recommends that the City Council adopt the proposed
resolution authorizing the monthly surcharge to Xcel Energy ratepayers in Shorewood for the
County Road 19 intersection project.
CITY OF SHOREWOOD
RESOLUTION NO. 07 -
A RESOLUTION AUTHORIZING A MONTHLY SURCHARGE
TO XCEL ENERGY RATEPAYERS IN SHOREWOOD
FOR THE PLACEMENT OF ITS FACILITIES UNDERGROUND
FOR THE COUNTY ROAD 19/SMITHTOWN ROAD/COUNTRY CLUB ROAD
INTERSECTION IMPROVEMENT PROJECT
WHEREAS, the facilities of Xcel Energy were placed underground as part of the County
Road 19/ Smithtown Road/Country Club Road intersection improvement project during 2005-2006;
and
WHEREAS, the difference in the cost between placing utilities underground and replacing
them overhead is not borne by Xcel Energy, but a determination by the City Council as to the source
of revenue to pay this difference in cost; and
WHEREAS, the City Council may authorize that this cost be paid by a surcharge by Xcel
Energy on all of its ratepayers within the City; and
WHEREAS, the City Council has reviewed the proposed terms of the surcharge as follows,
_
~NSP d/b/a Xcel Energy ~ ~~~~---"-.-__--~ _._.
C-_----_--- ~
~~
City Requested Special Facilities Surcharge (CRFS)
_~
City of Shorewood ._~~__.-----_...____~~-JLL~
r
w
^ ~ ~ ~ ~ Excess Expenditures =~ ~~~ $79,500
_____~
Customer Class Customers
Surcharge
M°°t''S
Recovery
(~~ ~ ~ Residential ~ 2,7 ~ $1.25 23 $80,069
~~ ~ ~ Low Income ~~12 ~~ ._$1.00 ~
___.
23 __ '$276
~ ~ ~mallC&I ND 149 $1.25 23 $4,284
nn
~ _._..---..___--.
Small C&I
~ .
._..____-----
39 .
___..~.._..--_
$3.75 ._._.---
___
23 ! _- _..._-_.
$3,364
L~~
~
^ ----------------.._
Large C&I ~o~e~, M~ _.-..----- --- - - -
4 -- -- - - --- ... ---
$5.00 -
_._
23 --- -..-.. ---
$460
~~ ~~ ~Street Lighting ~ ~~~-
~ ~1.25 ~
23 ~ $288
~
n
n __~_
PumpND~
~mMun m
tO
$1425
23
$518
~ ~ -
~Small Mun Pump -----~
1 .._.._-. .-__..W.
2
. - __ ...._...-.... 1 -___...- --
.......$3.75 ---..._
-
_ 23-- I ___~ --
...---- $173
---
~ ^ _ Large-Mun Pump __._._-_ __ ._ ~___-._01 __.__.----..._.$5_00 --.____23...--.. _._ __._... $0
~~ ~ .YS
3,01
9
(~ Total
~ ~
~
~ $89,430
~ ~ .
_
... ___~
.~ _..__
_.~ _~ .
~~~W Total Carrying Charges included in recovery amount _._.._.._._....._
$6,487
2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that it
authorizes the above monthly surcharge schedule for Xcel Energy ratepayers within Shorewood for
the County Road 19/Smithtown Road/Country Club Road intersection improvement project.
ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SHOREWOOD
this 9t~' day of July, 2007
Christine Lizee, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk