Loading...
090996 CC Reg AgP , . t CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, SEPTEMBER 9, 1996 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. Immediately following the regular portion of the meeting, the Council will convene in Work Session format. No action will be taken at this time. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Benson Shaw McCarty Mayor Bean Stover B. Review Agenda C. Presentation of Appreciation Plaque to Steve Dzurak 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 26, 1996 (Att.-#2 Minutes) B. City Council Work Session Meeting Minutes August 26, 1996 (Att.-#2 Minutes) 3 . CONSENT AGENDA Consent Agenda - Motion to approve << Adopt Resolutions items on Therein.: A. A Motion to Approve a Contract for 1997 Utility Maintenance Services with Munitech {Att.-#3A Proposed Contract) B. A Motion to Adopt a Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment and Ordering an Assessment Hearing for Watermain Project No.95-15, Smithtown Road South (Att.-#3B Proposed Resolution) C. A Motion to Adopt a Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment and Ordering an Assessment Hearing for Watermain Project No.95-14, Eureka Road (Att.-#3C Proposed Resolution) .. CITY COUNCIL AGENDA - SEPTEMBER 9, 1996 PAGE 2 OF 3 D. A Motion to Adopt a Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment and Ordering an Assessment Hearing for Watermain Project No.95-16, Smithtown Road East (Att.-#3D Proposed Resolution) E. A Motion to Adopt a Resolution Approving a Change Order for project No. 96-02, Minnewashta Water Tower (Att.-#3E Proposed Resolution) F. A Motion Approving 1997 Contract for Animal Control Services with the City of Chanhassen and Authorizing Execution of Contract (Att.-#3F Proposed Contract) G. A Motion to Adopt a Resolution Accepting Project No. 94-2, Old Market Road Sidewalk and Authorizing Final Payment (Att.-#3G Proposed Resolution) 4 . MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 5 . CONSIDERATIONS REGARDING FINANCES FOR 1996 WATER SYSTEM IMPROVEMENT PROJECTS A. Presentation by Springsted Regarding Financing/Bonding Recommendations B. A Motion to Adopt a Resolution Providing for Issuance and Sale of $860,000 General Obligation Water Revenue Bond, Series 1996, for Improvements to the Water System of the City (Att.-#5B Proposed Resolution) 6 . PARKS Report by Representative A. Report on Park Commission Meeting of August 27, 1996 (Att.-#6A Draft Minutes) B. A Motion Authorizing Execution and Submittal of a Winter Use Permit for the SW Regional LRT Trail (Att.-#6B Permit) C. A Motion Authorizing the Purchase of Park Signs and Transfer of Funds to the Parks Foundation (Att.-#6C Administrator's Memorandum) 7 . PLANNING - Report by Representative ~ CITY COUNCIL AGENDA - SEPTEMBER 9, 1996 PAGE 3 OF 3 8 . CONSIDERATION OF MOTIONS REGARDING PROPERTY LOCATED AT 25565 SMITHTOWN ROAD A. Status Report on Safety Concerns Related to Abandoned Property (Att.-#8A Staff Report) B. A Motion Regarding Request to Abate Charges Levied (Att.-#8B Letter From Property Owner) 9 . CONSIDERATION APPROVING THE PROPOSED 1996 Resolution) OF A MOTION TO ADOPT A RESOLUTION 1997 PRELIMINARY BUDGET AND PROPERTY TAX LEVY (Att. -#9 Proposed 10. CONSIDERATION OFA MOTION AUTHORIZING VOLUNTARY PAYMENT TO LEAGUE OF MINNESOTA CITIES FOR RIGBT- OF-WAY TASK FORCE (Att.-#10 Letter from League of MN Cities) 11. ADMINISTRATOR &: STAFF REPORTS A. Report on Emergency Medical Response Quality Improvement Project B. Report on Hassan Township Request (Att.-#llB Letter from Town of Hassan) 12. MAYOR &: CITY COUNCIL REPORTS 13. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#13) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 Executive Summary Shorewood City Council Meeting Monday, September 9,1996 ;;-,,1 \. - f il V .. Steve Dzurak, who served on the Park Commission for five years, has not received a plaque for his service. He is able to attend the meeting Monday evening at which time an appreciation plaque can be presented to him. Agenda Item 3A: This is a three year extension of the contract with Munitech regarding special assessments for those affected by utility maintenance services. It includes a 2% increase for each of the three years. Agenda Item 3B. C & D: These resolutions establish hearings for the 1996 watermain projects as follows: . .~ Smithtown Road south. . . . . . . . . . . . . . . . . .. During the regular City Council meeting of Monday, October 28 at 8:00 p.m. Eureka Road.. .. . .. ... . . . . . . .. . . . . . .. . . . . .. 7:30 p.m., Tuesday, October 29 Smithtown Road east..................... 7:30 p.m., Wednesday, October 30 Agenda Item 3E: This change order is for an additional $2,000 to cover the additional cost associated with the Star Blast materials used in sand blasting the water tower as previously reported. This was done to alleviate any potential health concerns with silica based sandblast material. Agenda Item 3F: This motion approves entering into a contract for animal control services with the City of Chanhassen for the year 1997. It provides for a 2.5% increase. Agenda Item 3G: The contractor has completed work on the Old Market Road Sidewalk Project and the project engineer recommends the City accept the project and authorize fmal payment in the amount of $2,770.94. The motion is to approve a resolution accepting the project and authorizing final payment to the contractor. Agenda Item 5: A member of Springsted Inc.'s staff, our financial consultants, will be present to explain the fmancing of the 1996 construction projects. A resolution is incorporated setting the sale date and award for Monday, October 28. Agenda Item 8: The property at 25565 Smithtown Road has been a cause for safety concerns due to the condition of the structure. Staff will review the status of those proceedings prior to Council's considering abating sump pump program and legal charges for the property. A Residential Community on Lake Minnetonka's South Shore Executive Summary City Council Meeting of September 9, 1996 Page 2 of 2 Agenda Item 9: This resolution is necessary to establish a preliminary budget and property tax level for the City of Shorewood for the year 1997. Following adoption of this resolution and submission to the County, the City may not increase the levy but may only decrease it from what is established in this preliminary resolution. Agenda Item 10: The League of Minnesota Cities has established a fund into which they are placing funds they receive on a voluntary basis from cities. These funds will be used in an effort to address right-of-way questions largely related to the Cable Communications Act and other State and Federal proposals affecting right-of-way. They are asking the City of Shorewood to donate $514. A motion would be in order to authorize said payment. This payment will cover our dues through June 1997 to the Suburban Rate Authority (material enclosed in packet). . . ~. . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 26, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. 1. MINUTES CONVENE CITY COUNCIL MEETING DRAFT Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director AI Rolek and Engineer Larry Brown. Review Agenda B. McCarty moved, Benson seconded to approve the agenda for August 26, 1996, with the addition of Item 4A, "A Motion Declaring the Official Intent of the City of Shorewood to Reimburse Expenditures from the Proceeds of Bonds to be Issued by the City." Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 12, 1996 Benson moved, Shaw seconded to approve the City Council Regular Meeting Minutes of August 12, 1996, as amended on Page 7, Paragraph 3, Line 6, change "properties owners" to "property owners"; Page 4, Paragraph 3, change Sentence 2 to read "Brown indicated the residents were very definite in their request for a 24-hour time period." Motion passed 5/0. B. City Council Work Session Meeting Minutes August 12, 1996 McCarty moved, Stover seconded to approve the City Council Work Session Meeting Minutes of August 12, 1996. Motion passed 5/0. 3. CONSENT AGENDA ff~A " REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 2 D. A Motion Authorizing Purchase of a Sewer Jetter. Motion passed 5/0. 4. A. A Motion to Adopt a Resolution Declaring the Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds 0 f Bonds to be Issued by the City Finance Director AI Rolek reviewed the matter. McCarty moved, Benson seconded adopting RESOLUTION NO. 96-76, "A Resolution Declaring the Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City." Motion passed 5/0. B. Matters From the Floor - None 5. PLANNING - Report by Representative . Planning Director Nielsen noted the following matters had been reviewed by Commissioner Turgeon at the August 12, 1996 City Council Meeting. He further noted the Planning Commission has not met since that date. A. A Motion to Direct Staff to Prepare Findings of Fact Regarding Preliminary Plat Approval - Water's Edge P.U.D. Applicant: Location: Bill Blegen 20295 Manor Road Planning Director Nielsen reviewed the matter in detail. Mr. Kevin Norby, a registered, licensed architect appeared on behalf of the applicant and addressed the Council explaining the proposed subdivision of the property. Mayor Bean noted this is a step forward in preserving as much of the parcel as possible as well as creating the largest buffer possible. Stover moved, Shaw seconded directing staff to prepare Findings of Fact . regarding preliminary plat approval - Water's Edge P.U.D. for Bill Blegen, 20295 Manor Road. Motion passed 5/0. B . A Motion to Approve a Site Plan - JMS Office Building Applicant: Location: Waterford Partners, LLC 19685 State Highway 7 Planning Director Nielsen explained the request. Mayor Bean noted the residential appearance of the building and inquired if this building would become a multi-tenant situation. Planning Director Nielsen stated this particular site is limited to office space, however, there could be more than one office user in the facility. Councilmember Stover noted in the past a needs assessment had been requested. She inquired if the office market would be of concern. Planning Nielsen explained a needs assessment had not been required, however this issue was addressed in the Waterford Development. He further stated the developer intends to occupy a large portion of the building, leasing out the remaining space. " REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 3 McCarty moved, Shaw seconded approving a site plan for JMS Office Building for Waterford Partners, LLC, 19685 State Highway 7. Motion passed 5/0. C. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination (Lot Line Rearrangement) Applicant: Location: Cheryl O'Brien 4780/4790 Lakeway Terrace Planning Director Nielsen addressed the matter in detail noting Martin O'Brien and Jan Haugen were present to address the Council. Ms. Haugen noted she and the O'Briens are in complete agreement. Stover moved, McCarty seconded adopting RESOLUTION NO. 96-77, "A Resolution Approving a Simple Subdivision/Combination (Lot Line Rearrangement) for Cheryl O'Brien, 4780/4790 Lakeway Terrace." Motion passed 5/0. . 6. PRESENTATION BY JIM DANIELS AND JEFF FOUST REGARDING LAKE MINNETONKA CABLE COMMISSION A. Discussion on Current Telecommunication Issues . B. A Motion to Approve the 1997 LMCCC Proposed Budget Jim Daniels, Administrator of the Lake Minnetonka Cable Commission, and Jeff Foust, Planning Commissioner, appeared and addressed the Council requesting approval of the 1997 LMCC Proposed Budget. Commissioner Foust pointed out the budget does not utilize taxpayer money, but is completely funded through the Triax franchise fee which Triax pays into the Joint Powers of the LMCC municipalities. Administrator Daniels reviewed changes which had been made in the budget to include additional staff. He noted the Commission will be adding another staff person at the North Suburban Studio. He explained there is an interest in local programming in the north suburban areas and, therefore, a satellite studio will be opened in the northern part of the Commission's territory which will be fully capable of producing programming for Channel 21. This will require the addition of a part-time staff person. Commissioner Foust and Administrator Daniels gave a brief overview of Triax and noted Triax has funds now available to rebuild and improve some of their existing systems. This will greatly improve the reliability of the system. Commissioner Foust noted a draft ordinance had been distributed to various member municipalities regarding telecommunication easements and rights-of-way. Councilmember Stover felt a work session with respect to this matter would be helpful. Shaw moved, McCarty seconded to approve the 1997 LMCC Proposed Budget as presented. Motion passed 5/0. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR LANDSCAPING FOR SOUTHSHORE SENIOR COMMUNITY CENTER REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 4 City Engineer Brown noted staff is recommending rejection of the bids and would request the contract be awarded to the original bidder, GEH Construction. Councilmembers Stover and McCarty expressed their agreement with the staff recommendation. McCarty moved, Stover seconded adopting RESOLUTION NO. 96-78, "A Resolution Rejecting the Revised Bids and A warding Contract for Landscaping for the Southshore Senior Community Center to GEH Construction." Motion passed 5/0. 8. CONSIDERATION OF REQUESTS TO ABATE CHARGES LEVIED ON 5460/5462 MALLARD LANE Mayor Bean noted a letter had been received from the daughter of a property owner requesting an abatement of charges which were levied as a result of non-compliance with the Sump Pump Inspection Program. Councilmember Stover felt the letter the property owner received was somewhat confusing and expressed her belief the City should issue an abatement of the funds. Mayor Bean noted his agreement. . Stover moved, Benson seconded directing staff to abate the charges, interest and penalties levied on 5460/5462 Mallard Lane related to the Sump Pump Regulations. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITY AND OTHER PROPERTY SPECIFIC CHARGES . Finance Director Rolek noted an annual review has been made of delinquent accounts. He explained the property owners were notified of the delinquency and the time period allowed in which to pay the charges prior to the charges being assessed to the property taxes for the ensuing year. Councilmember Stover noted some of the property identification numbers appear to be repetitious. Rolek noted some property owners prefer to have the charges assessed to their taxes annually rather than paying for the service on a monthly basis. . McCarty moved, Stover seconded adopting RESOLUTION NO. 96-79, "A Resolution Approving the Assessment Roll for Delinquent Utility and Other Property Specific Charges." Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE REVISED 1996 PROJECT BUDGETS City Engineer Brown noted the bidding climate is quite high at this time due to the amount of work available resulting in a negative bidding environment for municipalities. Benson moved, McCarty seconded adopting RESOLUTION NO. 96-80, "A Resolution Approving the Revised 1996 Project Budgets." Motion passed 5/0. 11. DISCUSSION ON A POLICY TO BE ADOPTED BY ORDINANCE ESTABLISHING A WATERMAIN HOOKUP POLICY AND AN A V AILABILITY CHARGE . . REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 5 City Administrator Hurm noted this is a work session issue, however, it was added to the Council Agenda for input from the City Attorney. City Attorney Keane clarified this would be a hookup fee as opposed to an assessment and noted the fee should be reasonably related to the cost of the improvement to the property. Hurm noted if immediate hookup is not required, one option available would be to utilize a water availability charge. Mayor Bean stated this issue would be an appropriate work study session. Councilmember Stover asked City Attorney Keane to attend the study session. Mayor Bean asked for Council input setting a work study session with regard to this topic. Councilmember McCarty felt the session should be held on a separate night as opposed to after a Council meeting. It was decided to hold this work study session on Monday, September 16, 1996, at 7:30 p.m. 12. ADMINISTRATOR & STAFF REPORTS A. Administrator's Report on Crescent Beach Agreement with Tonka Bay City Administrator Hurm explained research has been completed on this subject which indicates dogs have not been a problem at Crescent Beach. It was therefore recommended that no changes be made to the Crescent Beach Agreement. B. Discussion Regarding Carbon Monoxide Alarm Response Time City Administrator Hurm noted a letter has been received from Captain Richard Esensten of the Hennepin County Sheriffs Office with respect to carbon monoxide alarm responses. Hurm explained neighboring communities have indicated a Level III response would be recommended. Councilmember Stover inquired if each of the southshore communities would need to utilize the same level of response. Hurm noted in discussions with the Police Chief, each city could select a different response level, however, from the Police Chiefs perspective, it would be preferable to have a consistent response level with each of the concern cities. Councilmember Benson stated he did not have a problem with a Level III response, however, he expressed concern with the caller being told they will receive a call back to determine whether or not there is an illness. He stated he would prefer an officer arrive on the scene to determine the degree of the situation. Mayor Bean also felt it would be appropriate to request a Level III response to include that an officer should arrive on the scene. Councilmember McCarty commented a physical presence would be important. Benson moved, Shaw seconded approving a response to the Hennepin County Sheriff for a Level III response on carbon monoxide alarm calls with direction to the Southlake Police Department to respond in person with all deliberate speed. Motion passed 5/0. City Administrator Hurm explained staff from the cities of Plymouth, Minnetonka, Hopkins and St. Louis Park met and it was determined the Suburban Alliance is not fmancially viable. They support the closing of the agency and the dissolving of the Joint Powers Agreement. Hennepin County staff have given assurances planning and coordination of human services in western Hennepin County will be addressed in a new structure next year. In the interim, Hennepin County will fill any voids in human services which may result. REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 6 City Engineer Brown noted the various projects are progressing. With respect to the water tower, the [mal coat of paint is being applied. The interior of the tank is scheduled for completion by September 20th. Brown noted grading of the pond at the Southshore Senior Center will be commencing. In addition, the watermain on Smithtown Road has been connected. City Attorney Keane noted a variance which was not approved for the Hoyts in June has been challenged in District Court. He stated it is not clear what the Petitioner is requesting the Court to review. The Hoyts are asking the decision of Council be reversed, however, monetary damages are not being sought. 13. MAYOR & CITY COUNCIL REPORTS Councilmember McCarty reviewed the Park Foundation meeting, noting the Watershed District had appeared with respect to the fields proposed for the Minnewashta School. Hurm noted the Watershed District has scheduled another meeting for consideration of this matter. Mayor Bean acknowledged Building Inspector Joe pazandak and stated compliments were received from an area home owner as the result of a new roof which was being put on the home. pazandak inspected the home several times resulting in his discovery of eight items which needed to be . addressed by the contractor. Jan Haugen requested an opportunity to address the Council and expressed her appreciation that the [mal piece had been put in place in the Waterford development. Ms. Haugen commended the Council on their work and the time and energy each spends on the Council. She expressed her regret she will be moving from Shorewood. Ms. Haugen also commended City Staff. 14. ADJOURNMENT Shaw moved, McCarty seconded to adjourn to a Work Study Session at 9: 30 p.m. subject to payment of claims. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: . ROBERT B. BEAN, MAYOR JAMESC. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD WORK SESSION AUGUST 26, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB DRIVE FOLLOWING REGULAR MEETING MINUTES 1. CONVENE WORK SESSION MEETING Mayor Bean called the meeting to order at 9:44 p.m. DRAFT A. Roll Call Present: Mayor Bean; Councilmembers Stover, McCarty, Benson and Shaw; Administrator Hurm, Finance Director AI Rolek, Planning Director Brad Nielsen and City Engineer Larry Brown. B. Review Agenda There were no changes to the agenda as noticed. 2. DISCUSSION REGARDING 1997 GOALS AND PROPOSED OPERATING BUDGET City Administrator Hurm presented the first draft of the 1997 Proposed Budget. He noted the primary purpose would be to arrive at a preliminary levy rate for 1997 which must be certified to Hennepin County by September 15th. Councilmember Stover commented the City is approaching a time when there will not be a significant amount of real growth. She expressed concern that the long term possibilities be reviewed and that the rate be increased very gradually. Councilmember Stover stressed the Council needs to be realistic when determining this rate so as not to be required to increase at a very high rate in some future year. Mayor Bean was in agreement and stated he felt this end would come in approximately five years. In addition, he stated he would not be in favor of the rate being reduced this year and felt a reasonable cushion should be maintained in the general fund. Finance Director Rolek stated he is comfortable with the balance in the general fund, noting there is a point the City will not want to drop below. Administrator Hurm noted excess general funds could be contributed to street funds. Rolek noted it is expected approximately $60,000 of the general fund will be carried over into 1997. He noted the surpluses arise for the most part from building permits which will cease over the next several years. Mayor Bean stated he would like to see excess funds put into audio visual equipment at the Southshore Senior Center to accommodate larger City Council meetings as well as public hearings. Rolek explained some dollars are available from a bond which was paid in advance resulting in a savings of approximately $212,000. He noted another debt service fund could possibly benefit from this, however, a substantial amount would remain available. He noted there will be a shortage in the Senior Community Center and some of the funds could be contributed to that project. There is also the possibility of a storm water management plan which could utilize those funds. +F~5 CITY COUNCIL WORK SESSION AUGUST 26, 1996 . PAGE 2 Administrator Hurm noted there are three new positions included the budget, two which are related to public works and engineering and the third is office related. Brown explained the request for an additional light equipment operator. Brown explained he has begun tracking his overtime, noting the external overtime has been charged appropriately. Brown commented that approximately two-thirds of his time is spent project related which will be charged out to those projects. Hurm explained the formula for charging Brown's time on various projects. Mayor Bean pointed out the significant issue is that the City is spending less on consultant fees by a substantial margin and the City has somewhat of a revenue source for the next couple of years. Brown reviewed OSM's charges for construction inspection and noted his belief there are a number of benefits to bringing the inspection in-house. In addition, he explained the benefits which are less tangible. Mayor Bean inquired if furniture and equipment had been factored into the budget for the additional position. Brown stated an office is available at the Public Works Department and noted mileage had not been accounted for. Hurm noted details would need to be worked out with respect to overtime and other issues. City Engineer Brown asked for Council input and Councilmember Stover stated she had expected this and noted it was a part of the program when the decision was made to use an in-house engineer. She expressed her belief OSM's service has changed. Mayor Bean noted his agreement and stated he did not have a problem with this issue to the extent that external dollars to OSM can be saved and the City will have more control with respect to emergencies and other issues. Councilmember Benson acknowledged there is a need to add a position now, however, he expressed concern that in a two or three year period when the projects have tapered off, the position may need to be eliminated. Hurm noted the Capital Improvement Program will continue to provide work, however, if there comes a point where this position is not cost effective, the person may need to be laid off. Councilmember Benson stated he would support the position in that Shorewood has something to gain by way of the database or history that Shorewood would acquire in-house rather than OSM having this information. He noted a great deal of history and knowledge was retained by past consulting engineers which has never been included in the City's files. Brown explained one of his key assignments is to establish a record keeping system. In addition, discussions have been held with OSM regarding the transfer of the documents to the City of Shorewood. Councilmember Stover noted she had been led to believe it would be difficult to obtain this information without hiring an OSM engineer. With respect to the third personnel change, Hurm explained this would be to go back to full time staff in the office. One full time position had been made into two part-time positions. He stated there has not been consistency with the part-time positions and feels it is important to go back to full time to provide a support person for the various departments. Mayor Bean asked for Council input with respect to the levy. Councilmember McCarty felt the tax rate should remain the same. She noted her agreement with Councilmember Stover that the City should begin to look at raising the rate gradually. Rolek stated with respect to the levy, if it were to be approved prior to the public hearing, it could be adjusted downward. At this point, the Council would be selecting the top level. . . CITY COUNCIL WORK SESSION AUGUST 26, 1996 - PAGE 3 Hurm noted the City would expect an upward trend in the liquor revenues. In addition, he noted the transfer to the Park Fund is decreasing, however, more dollars will go into the Capital Improvement Fund for streets. Councilrnember Stover felt strongly the Citizen Service Evaluation should not be included in the budget. This evaluation represents opinion from people who mayor may not know why they have that opinion. She commented she is not opposed when it is used as a tool for management decisions, however it does not belong in the budget. Councilrnember Stover pointed out that service indicators are facts and relevant, however, the evaluation belongs elsewhere. Councilmember Benson asked if it is normally included in budgets. Hurm stated its purpose is to provide information and it is a management tool. He feels the opinion is important information to have because it reflects the trend of how people are thinking with respect to services which are provided by the City. . Mayor Bean did not feel this was a big issue, however, he noted his agreement with Councilrnember Stover's comments and felt a Customer Service Management Report could be a separate item. Planning Director Nielsen noted his department generally deals with telling residents they cannot do something which results in angry residents and negative feedback regarding his department. Councilmember Stover also pointed out certain departments will always receive positive feedback and that this information should be contained in a document separate from the budget. Mayor Bean suggested the information be put into a separate document. Councilmember Benson noted his agreement. Mayor Bean noted the department objectives, mission statement and service quality items should be extracted from the budget and compiled in a separate document. Councilmember McCarty noted she liked the information as a tool, but did not feel it was necessary when reviewing the budget information. Rolek pointed out with respect to service indicators and the local performance aid which has been mandated by the legislature, he feels the City is in a good position to be in compliance, however, he will work to better define the service indicators. 3. ADJOURNMENT . Shaw moved, Benson seconded to adjourn the Work Session at 10:58 p.m. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Chery I Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hurm, City Administrator Larry Brown, Director of Public Works ~. September 5, 1996 FROM: . DATE: RE: Renewal of Contract for Munitech , Inc. Maintenance of Municipal Sanitary Sewer and Water Facilities Munitech's contract is up for renewal this year. Attachment One is a proposal for the City Council's consideration for continued service by Munitech for the maintenance of the City's sanitary sewer and water system. As stated in their proposal, Munitech has maintained the City's facilities since January of 1985. In my opinion, Munitech has performed very well and has been very responsive to watermain and sanitary sewer emergencies. . , The proposal submitted suggests three different options for contract length versus monthly costs as shown in the table below. 1 2 3 3 Year Contract 2 Year Contract 1 Year Contract "$6,900.00 $7,100.00 $7,175.00 In review of Munitech's proposal, the cost of the contract was compared to the cost of City forces performing the work versus Munitech. As stated in the proposal, Munitech has expended approximately 4,000 hours and 8,000 miles over the 1995 period. If the City were to perform the services, the average loaded labor rate for one employee over a three year period equates to $21.15/hour. Time spent in 1995 by Munitech averages to 333 hours per month. Using the loaded labor rate for one employee, the City's cost would be $7,042.95 for one person. This does not account for any A Residential Community on Lake Minnetonka's South Shore -tt3A MUNITECH, INC. 2373 WILSHIRE BOULEVARD MOUND, MN 55364.1634 Phone: 612/472.2718 August 23, 1996 Mr. Larry Brown Public Works Director/City Engineer City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 Re: Water & Sanitary Sewer Lift Stations Maintenance Contract Dear Larry, . Following is our proposal to provide continuing operation and maintenance for the Shorewood City water system and sanitary sewer lift stations. Munitech has provided these services since January 1985 and remains dedicated to providing Shorewood Residents the best and most affordable services available. The present arrangement has been advantageous in many ways for the City and for Munitech. The scope of these services is, of course, to provide the most cost effective, reliable service available. We provide seven (7) days a week, twenty-four (24) hours per day "on-call" maintenance and operation services to handle all routine and emergency situations. This means that Munitech provides the personnel, vehicles, small tools, and labor to carry out these responsibilities (which includes liability, Workers' Comp., and vehicle insurance coverage for Munitech employees and vehicles). Likewise, the City has no responsibility for Munitech health insurance, social security or retirement benefits. . The amount of hours expended in 1995 were close to 4,000; miles driven were over 8,000 to accomplish services. In 1996, the amount of time and mileage will be close or over those amounts. Presently, time amounts are running approx. 1 % higher. Munitech's proposal offers the following three options: Option 1 Three year contract 6,900.00/mo. This Option reflects the savings Munitech can take advantage of purchasing insurance, vehicles, and the services required to accomplish the job description, and then pass on to the City. Option 2 Two year contract 7,100.00/mo. Option 3 One year contract 7,175.00/mo. UTILITY SYSTEM MAINTENANCE . SERVICE FOR ALL MAKES OF METERS · SPECIJ A ITAc..H KENT Hourly rate in 1985 was aproximately $18.00/hr. Using Option 1 as an example, the projected hourly rate (approximately $21.00/hr.) would show just over 1 % increase per year over all since 1985. I believe you will agree that is very cost effective. I would appreciate acknowledgment of an agreement (particularly regarding Option 1 where I can exercise certain purchasing options before deadlines) prior to September 30, 1996. Over the past twelve years, we at Munitech have enjoyed our relationship with Shorewood City Staff, City Council, and Residents. We would very much appreciate the opportunity to continue providing services reafiIrming our commitment to meet goals and new challenges set before us with the valuable experience and expertise acquired over many years working in this field. Please call regarding any questions or comments. . Very truly yours, ~~ Bob Polston President Munitech, Inc. BP/jp . CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-15, SMITHTOWN ROAD (SOUTH LINK) WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Smithtown Road (South Link) Water System Improvements and the price for such improvement is estimated to One Hundred Fifty Four Thousand Eight Hundred Two Dollars ($154,802.00), and the expenses incurred or to be incurred in the making of such improvement amount of Fifty Four Thousand One Hundred Eighty Dollars ($54,180.00) so that the total cost of the improvement will be Two Hundred Eight Thousand Nine Hundred Eighty Two Dollars ($208,982.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: . 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be Dollars ($ ) and the portion of the cost to be assessed against benefited property owners is estimated to be Dollars ($ ) . 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall me a copy of such proposed assessment in his office for public inspection. . 4.) A public hearing shall be held on such proposed assessments on the 28th day of October, 1996 in the Council Chambers of the City Hall at 8:00 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk #35 CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-14, EUREKA ROAD WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Eureka Road Water System Improvements and the price for such improvement is estimated to Two Hundred Forty Four Thousand Six Hundred Ninety Two Dollars ($244,692.00), and the expenses incurred or to be incurred in the making of such improvement amount of Eighty Five Thousand Six Hundred Forty Three Dollars ($85,643.00) so that the total cost of the improvement will be Three Hundred Thirty Thousand Three Hundred Thirty Five Dollars ($330,335.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: . 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be Dollars ($ ) and the portion of the cost to be assessed against benefited property owners is estimated to be Dollars ($ ) . 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall fIle a copy of such proposed assessment in his office for public inspection. . 4.) A public hearing shall be held on such proposed assessments on the 29th day of October, 1996 in the Council Chambers of the City Hall at 7:30 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATIEST: James C. Hurm, City Administrator/Clerk =#=-:3 ~ CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-16, SMITHTOWN ROAD (EUREKA TO COUNTRY CLUB) WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Smithtown Road (South Link) Water System Improvements and the price for such improvement is estimated to Three Hundred Ninety One Thousand Nine Hundred Ninety One Dollars ($391,991.00), and the expenses incurred or to be incurred in the making of such improvement amount of One Hundred Thirty Seven Thousand One Hundred Ninety Six Dollars ($137,196.00) so that the total cost of the improvement will be Five Hundred Twenty Nine Thousand One Hundred Eighty Seven Dollars ($529,187.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: . 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be Dollars ($ ) and the portion of the cost to be assessed against benefited property owners is estimated to be Dollars ($ ) . 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall fIle a copy of such proposed assessment in his office for public inspection. . 4.) A public hearing shall be held on such proposed assessments on the 28th day of October, 1996 in the Council Chambers of the City Hall at 8:00 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk :j}3D CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hurm, City Administrator Larry Brown, Director of Public Worlcs ~ September 5, 1996 . FROM: DATE: RE: Minnewashta Water Tower Change Order To Contract The Minnewashta Water Tower is approaching completion. The outside has been sandblasted and painted and painting of the City logos is progressing. As the City Council may recall, residents adjacent to the water tower had voiced concern over perceived health risks due to sandblasting the water tower with a silica based product. Research conducted by staff indicated that health risks are present where individuals are exposed to high concentrations of silica . dust over a fiv~ year period in confmed spaces. These risks are usually associated with individuals who use sandblasting as part of their work such as an auto-body mechanic or machine shops. . Since the sandblasting completed at the water tower site was in an unconfmed space and of short duration (2 to 3 days), the health risks associated with silica sand was not applicable in this instance. However, staff recommended that an alternative non-silica based product be used to address the residents' concerns. The contractor for the water tower sandblasted the tank using a non-silica based product which is manufactured by Dupont known as "Star Blast." The cost for the material and shipping amounted to $2,000.00. Staff is recommending approval of the change in contract for CBI Na-Con, Inc. in the amount of $2,000.00. c: II ablllccrplSlcbi. doc #3~ A Residential Community on Lake Minnetonka's South Shore CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION AUTHORIZING APPROVAL OF CHANGE ORDER #1 FOR CITY PROJECT 96-2 MINNEWASHTA WATER TOWER WHEREAS, by Resolution 96-15 the City Council accepted bids and awarded the contract for City Project 96-2, Minnewashta Water Tower, to CBI Na-Con, Inc.; and WHEREAS, concerns regarding silica based sand were brought to the attention of the City Engineer by residents in the area; and WHEREAS, it was determined that an alternative to silica based sand was available under the product name "Star Blast." . NOW, THEREFORE BE IT RESOLVED that the Shorewood City Council authorizes expenditure of funds for Change Order #1, Project 96-2, Minnewashta Water Tower, in the amount of $2,000.00 paid directly to CBI Na-Con, Inc. for purchase of the non-silica based sand product "Star Blast." ADOPTED by the City Council of the City of Shore wood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: . James C. Hurm, City Administrator/Clerk datalresl960909 ~--. CITY OF HANHASSEN ~l :JJO 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Animal Control Cities FROM: Scott Harr, Public Safety Director DATE: August 27, 1996 SUBJECT: 1997 Contract . Each year I find myself beginning with an apology for how late the attached contract is being provided to you, but I know you can also relate with how busy things are ... Hopefully you have all received my message that I will be recommending a 2 'l2 % increase for contract prices for 1997. My next step is to submit this to my City Council, which will be done at the September 9 City Council meeting. I will immediately let you know of the results. The only change in the 1997 contract is that the change in state law in how long dogs are to be impounded. It was nine days and is now five, and we will be a bit more liberal in holding them seven days before the vet clinic may place or dispose of them. I am also attaching a memo that was requested by the South Lake Minnetonka Public Safety Department for your information, along with a copy of our wild animal policy. . It is of concern to all of us how long Chanhassen will continue providing animal control services. As you know, a primary issue is the increasing demand on our Community Service Officers of this ever growing city. I have discussed with my City Manager the fact that in the near future (meaning within the next year or two) we will have to decide whether we do wish to continue providing animal control services and if so, additional personnel, which might be an animal control specialist, or additional CSO's. There is a business attempting to get started in Chanhassen that has expressed an interest in providing additional boarding space, and perhaps even doing animal control themselves. Nothing is definite on this, and the building is actually still in the planning stages. If you have any questions, please let me know. We continue to appreciate the opportunity to work with you, as well as your flexibility. Thanks from all of us! SH/be pc: Chief Rick Young, South Lake Mtka. P.S. G:\safety\sh\acc97 :#:3F .-:- CITY OF CHAHHASSEH 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: South Lake Minnetonka Public Safety Animal Control Cities Bob Zydowsky, Deputy Director of Public Safety b V . FROM: DATE: August 20, 1996 . SUBJ: Do's and Don'ts of Animal Control Listed below are conditions when the Chanhassen Animal Control will or will not respond to an animal control situation. If an animal is not in custody, we will not respond after hours. Generally, during those times when an animal control officer is on duty, we will respond whether or not the animal is in custody. We will respond to an animal related situation when: l. 2. The animal to be impounded is covered by a specific ordinance. In after hour callouts, we will respond in special circumstances like a OWl arrest. In the case of an injured animal, we will respond if the officer on scene feels the animal should be transported to Golden Valley for medical attention. . We will not respond to animal related situations if: 1. Wild animals will not be removed unless a safety hazard exists or someone has been bitten. 2. Cats will not be impounded. If a cat has bitten someone, suggestions will be given to the complainant for testing. We can hold the cat until testing arrangements can be made. Other suggestions for cats are the humane society, Golden Valley hospital, etc. 3. DOA's will not be responded to after hours. Generally, the municipality where the DOA exists. is responsible for removal. 4. Barking dog and dog at large complaints will be handled only when an officer is on duty. BZ:cd g: \satery\cso\ bz'.dosdoms CITY OF CHANHASSEN Public safety Department Policy Effective Date 10-23-91 Number I subject Wild Animal Policy I Reference Wild Animal Memorandum Special Instructions Dated 10-23-91 Distribution Animal Control Personnel Reevaluation Date Annually Number of Pages 1 o . PURPOSE To provide a uniform policy and procedure directive pertaining to dealing with wild animals. II. POLICY It is the policy of Chanhassen Public Safety that we shall not interfere with wildlife unless the animal is posing a threat to property or the safety of people. Complaints about the presence of wild animals that appear to be generated from the presence of food or other attractions on the property that can be remedied by the people without undue inconvenience, shall be dealt with through public education. Furthermore, Chanhassen Public Safety shall not transport or destroy wild animals unless, again, the threat to property or safety exist. .I. PROCEDURES Animals being transported shall be released in a safe area, and animals being euthanized shall be done so pursuant to policy. , > ANIMAL CONTROL CONTRACT This agreement made this day of , 19__, by and between the City of Chanhassen, hereinafter referred to as "CHANHASSEN"i and the City of SHOREWOOD, hereinafter referred to as SHOREWOOD', witnesseth: In consideration of the covenants and agreements hereinafter set forth, it. is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January shall continue in effect until December 31, cancelled pursuant to this agreement. 1, 1997, and 1997, unless . 2. CHANHASSEN agrees to patrol the public streets of SHOREWOOD, in accordance with a schedule provided by CHANHASSEN, agreed upon by SHOREWOOD. If necessary, CHANHASSEN agrees to transport animals as it deems appropriate. CHANHASSEN will, at the completion of each regular patrol or as soon as reasonably possible, in the City of SHOREWOOD, give a written statement to the South Lake Minnetonka Public Safety Department setting forth a description of all animals impounded including breed, color, weight, name of owner, mane of animal, if known, and point of collection by the patrol officer. CHANHASSEN will also attempt to notify South Lake Minnetonka Public Safety Department prior to impounding any animal. . 3. CHANHASSEN agrees to provide personnel and equipment to provide animal control services. Said employees shall perform their duties in proper attire, utilizing a marked Chanhassen Public Safety vehicle whenever available. These employees shall be in uniform or have City of Chanhassen identification. 4. SHOREWOOD shall authorize CHANHASSEN to apprehend and retain domestic animals and/or issue citations or warnings for violations of city ordinances. Wild animals shall only be dealt with pursuant to CHANHASSEN'S policy regarding wild animals if the animal is presenting dangers of personal injury or significant property damage. However, CHANHASSEN shall not invade private property contrary to the wishes of the owner of said property, nor forcibly take an animal from any person Animal Control Contract Page 2 without the approval and assistance of a peace officer having jurisdiction in that city. . 5. In addition to regularly scheduled hours of patrolling, CHANHASSEN agrees to respond to "emergency call-outs" from SHOREWOOD. CHANHASSEN will have an officer scheduled to respond to such call-outs, to be billed to SHOREWOOD at a rate of time and one-half per hour with a minimum of two hours. CHANHASSEN shall respond at the earliest opportunity to such requests, including bite cases or injured animals, as deemed appropriate by CHANHASSEN. There may be occasions when an animal control officer will not be immediately available, in which event the response will occur at the earliest opportunity. An "emergency call-out" is defined as a specific request for animal control service during times that an officer is not on duty. If a Chanhassen Animal Control Officer is on duty, even though not assigned to SHOREWOOD, said officer will respond, applying the time to the regular schedule (so that this would not be considered an emergency call-out). If deemed appropriate by the Chanhassen officer on call, a situation may be dealt with over the phone, in which case no fee will be charged. . 6. CHANHASSEN agrees to coordinate services with the Chanhassen Veterinary Clinic, 440 West 79th Street, Chanhassen, MN, 55317, as long as this arrangement is agreeable with the Chanhassen Veterinary Clinic. 7. CHANHASSEN shall furnish monthly reports to SHOREWOOD reflecting the charges for such veterinary fees as well as patrol and emergency call-out fees, which each city agrees to pay CHANHASSEN within 30 days of being billed. 8. When an animal is impounded by CHANHASSEN pursuant to this animal control contract, said animal shall be held in accordance with Minnesota Statute 35.71. This statute includes, among other things, that impounded animals will be held for at least 7 "regular business days I. (as defined by MN. Stat. 35.71, Subd. 3). In the event that any impounded animals Animal Control Contract Page 3 are unclaimed after a maximum of 7 days (5 "regular business days II , and possibly 2 partial days), the animal becomes the sole responsibility of the Chanhassen Veterinary Clinic to be placed or disposed of at their discretion. 9. CHANHASSEN shall maintain reports on Chanhassen utilize specific forms as requested by SHOREWOOD. report of activity shall be provided to SHOREWOOD. forms, or A monthly 10. The City of CHANHASSEN will indemnify and hold harmless SHOREWOOD for claims, suits, actions, damages and loss arising out of the negligence or misconduct of the City of CHANHASSEN in conjunction with this agreement. 4It 11. SHOREWOOD agrees to pay CHANHASSEN for services in the performance of this contract, pursuant to Paragraph 15 of this contract, as follow: A) Price per hour for scheduled patrol based on actual time in service....................$29.91 B) Price per emergency cal1-out.............2 hour minimum at ~ime and one-half per hourly rate. (Minimum callout fee ~ $89.73) _ C) Impound, boarding, euthanasia, disposal and any other veterinary fee, as charged by the veterinary clinic. D) Price per deceased animal disposed of by the City of CHANHASSEN. ....................................... $10 . 00 E) It is agreed that if the designated boarding facility or euthanasia/disposal service is unavailable, SHOREWOOD shall authorize CHANHASSEN to obtain these services elsewhere, and SHOREWOOD shall pay CHANHASSEN the rates of the alternative facility. " " .. Animal Control Contract Page 4 12. SHOREWOOD shall pay any veterinary bill incurred for unclaimed animals impounded from SHOREWOOD. Owners claiming their animals shall be charged the veterinary bill in its entirety, including impound fees. 13. All payments shall be made by SHOREWOOD upon receipt of monthly statements from CHANHASSEN within 30 days. 14. . Because this is a j'oint effort involving the cities 'of SHOREWOOD, VICTORIA, EXCELSIOR, TONKA BAY, GREENWOOD and CHANHASSEN, it is agreed upon that any modifications to, or withdrawals from this contract shall require the written authority of each party. SHOREWOOD agrees that in the event that one or more parties seek such change, including withdrawing form the contract, said party (or parties) shall remain obligated to pay for their agreed upon number of contract hours unless otherwise agreed to by all parties pursuant to this Paragraph for the remainder of the year. 15. SHOREWOOD further agrees that the fees reflected in this contract are in effect only for the calendar year 1997. 16. . Under no circumstances shall CHANHASSEN be obligated to respond to any request for assistance or to patrol when, in the sole discretion of the Chanhassen Public Safety Director or his duly authorized agent, anyone of the following conditions exist: (1) when necessary personnel and/or equipment are engaged elsewhere, (2) when road or weather conditions constitute a hazard, (3) when providing assistance would expose any person to unreasonable risks. 17. The time and manner in which service is rendered, the standard of performance and the control of personnel employed to render such service shall be determined by CHANHASSEN. CHANHASSEN reserves the right to alter scheduling should conflicts arise (i.e. CSO schooling, illness, vacation, etc.). 18. CHANHASSEN agrees to patrol the public streets of SHOREWOOD and respond to animal control calls during regular patrol hours pursuant to this agreement in SHOREWOOD ten (10) h.~urs per week. CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION ACCEPTING OLD MARKET ROAD SIDEWALK IMPROVEMENTS, PROJECT NO. 94-2, AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Shorewood has entered into a contract with Landmark Concrete, Inc. for City Project No. 94-2, Old Market Road Sidewalk Improvements; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, . WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and fmal payment be made by the City. . NOW, THEREFORE BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: 1 . The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. .' ADOPTED by the City Council of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk .t--t- --:2/. - -n- ,::;J....J , t( l-- . . Recommendations For City of Shorewood, Minnesota $860,000 General Obligation Water Revenue Bonds, Series 1996A Presented to: Mayor Robert Bean Members, City Council Mr. James Hurm, City Administrator/Clerk Mr. AI Rolek, Finance Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 SPRINGSTED Public Finance Advisors Study No.: SPRINGSTED Incorporated September 4, 1996 ~ SA . .. RECOMMENDATIONS Re: Recommendations for the Issuance of $860,000 General Obligation Water Revenue Bonds, Series 1996A The proceeds of the bonds will be used to finance three improvement projects within the City. The composition of the issue is shown on Page 3 of the recommendations. We recommend the following for the bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the proposal. 2. Sale Date and Time Monday, October 28, 1996 at 12:00 Noon with award by the City Council at 7:30 P.M. on the same day. 3. Authority and Purpose for the Bond Issue The bonds are being issued pursuant to Minnesota Statutes, Chapters 444 and 475. Proceeds of the issue will be used to finance the construction of water improvements in the City. 4. Principal Amount of Offering Repayment Term Semiannual interest payments will be made beginning on August 1, 1997. The bonds will mature February 1, 1998-2012. $860,000. 5. 6. Source of Payments The bonds will be repaid from net revenues of the City's water utilities. In addition, payments of special assessments against benefited property will cover a portion of the debt service on the bonds. 7. Prepayment Provisions The bonds maturing on or after February 1, 2007 will be callable on February 1, 2006 and any day thereafter at a price of par plus accrued interest. 8. Bank Qualification The City does not expect to issue over $10,000,000 of tax-exempt obligations in 1996; therefore, this issue will be bank- qualified. Issues which are bank-qualified receive interest rates which are lower than issues which are not bank-qualified. 9. Rebate Requirements All tax-exempt issues are subject to the federal arbitrage requirements. However, since the City will issue less than $5,000,000 in tax-exempt financing in 1996, it may exempt itself from rebating arbitrage earnings to the federal government. City of Shorewood, Minnesota September 4, 1996 10. Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for this issue or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. 11 . Economic Life The average life of the bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of infrastructure improvements is 20 years. The bonds are therefore within the economic life requirements. . 12. Federal Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. 13. Continuing Disclosure This issue is not subject to the new SEC continuing disclosure rules because the issue size is less than $1,000,000. 14. Attachments Assessment Income Schedule Debt Service Schedule Terms of Proposal . DISCUSSION The Bonds will be payable from a combination of net revenues from the City's water utilities and special assessments against benefited property. A total of $405,000 of the project costs will be assessed, with assessments being spread over 15 years in even annual installments of principal and interest. Interest on unpaid assessments will be charged at a rate of 7.00%. Page 4 provides the projected assessment income based on the assumptions listed above. The proposed debt service schedule for the bonds is shown on Page 5. The bonds have been structured around the projected assessment income stream shown in Column 8. Column 9 of Page 5 shows the net water revenue required after the assessment income has been applied. Beginning with the first interest payment due August 1, 1997, each August 1 interest payment will be made from a combination of first-half assessment collections as well as water utility net revenues. The subsequent February 1 principal and interest payment will be made from surplus first-half assessment income, second-half assessment income and water utility net revenues. This payment cycle will continue over the life of the issue. 'n~ SPRINGST D Incorporated Page 2 .. City of Shorewood, Minnesota Prepared August 30, 1996 G.O. Water Revenue Bonds, Series 1996A By SPRINGSTED Incorporated Composition of the Issue: Construction Soft Project Costs: Bids Costs Costs Eureka, Smithtown to Birch Bluff $244,692 $85,642 $330,334 Smithtown, South to City Limits 154,802 54,181 208,983 Smithtown, Eureka to Country Club 391 ,991 138,842 530.833 $791,485 $278,665 $1,070,150 Note: Soft Costs include allowance for discount bidding, engineering, contingency and the costs of issuance. . Bondina Reauirements: Total Project Costs $1,070,150 Less: Street Reconstr. Fund Contrib. (206,350) Sanitary Sewer Fund Contrib. (3,800) Total Bonding Required $860.000 Assessments & Trunk Charaes Eureka, Smithtown to Birch Bluff $190,000 Smithtown, South to City Limits 50,000 . Smithtown, Eureka to Country Club 210,000 Subtotal $450,000 Less: Trunk Charges (45.000) Total Assessments $405 000 Page 3 City of Shorewood, Minnesota Prepared August 30, 1996 G.O. Water Revenue Bonds, Series 1996A By SPRINGSTED Incorporated PROJECT ASSESSMENT INCOME Filing Date: 11/30/1996 Filing Collect Interest Year Year Principal @ 7.00% Total 1996 1997 $13,887 $30,835(a) $44,722 1997 1998 17,344 27,378 44,722 1998 1999 18,558 26,164 44,722 1999 2000 19,857 24,865 44,722 2000 2001 21,247 23,475 44,722 2001 2002 22,735 21,987 44,722 . 2002 2003 24,326 20,396 44,722 2003 2004 26,029 18,693 44,722 2004 2005 27,851 16,871 44,722 2005 2006 29,800 14,922 44,722 2006 2007 31,886 12,836 44,722 2007 2008 34,118 10,604 44,722 2008 2009 36,507 8,215 44,722 2009 2010 39,062 5,660 44,722 2010 2011 41.793 2.926 44.719 Totals $405 000 $234.992 $670.827 (a) Includes interest from filing date to 12/31/1997 . Page 4 . . City of Shorewood, Minnesota Prepared August 30, 1996 G.O. Water Revenue Bonds, Series 1996A By SPRINGSTED Incorporated Dated: 11-1-1996 Mature: 2-1 First Interest: 8- 1-1997 Income Total Projected Trunk Charges Year of Year of Principal 1050k Assessment and Water Fund Total Levy Mat. Principal Rates Interest & Interest of Total Income Revenue Income (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1997 1998 $55,000 4.45% $56,664 $111,664 $117,247 $44,722 $72,525 $117,247 1998 1999 55,000 4.65% 42,883 97,883 102,777 44,722 58,055 102,777 1999 2000 60,000 4.80% 40,325 100,325 105,341 44,722 60,619 105,341 2000 2001 55,000 4.90% 37,445 92,445 97,067 44,722 52,345 97,067 2001 2002 60,000 5.00% 34,750 94,750 99,488 44,722 54,766 99,488 2002 2003 55,000 5.10% 31,750 86,750 91,088 44,722 46,366 91 ,088 2003 2004 60,000 5.20% 28,945 88,945 93,392 44,722 48,670 93,392 2004 2005 55,000 5.30% 25,825 80,825 84,866 44,722 40,144 84,866 2005 2006 60,000 5.40% 22,910 82,910 87,056 44,722 42,334 87,056 2006 2007 55,000 5.50% 19,670 74,670 78,404 44,722 33,682 78,404 2007 2008 60,000 5.60% 16,645 76,645 80,477 44,722 35,755 80,477 2008 2009 55,000 5.70% 13,285 68,285 71,699 44,722 26,977 71,699 2009 2010 60,000 5.75% 10,150 70,150 73,658 44,722 28,936 73,658 2010 2011 55,000 5.80% 6,700 61,700 64,785 44,722 20,063 64,785 2011 2012 60.000 5.85% 3.510 63.510 66.686 44.719 21.967 66.686 TOTALS: $860,000 $391,457 $1,251,457 $1,314,031 $670,827 $643,204 $1,314,031 Bond Years: Avg. Maturity: Avg. Annual Rate: \J T.I.C. Rate: III (Q CD 01 7,130.00 8.29 5.490% 5.663% Annual Interest: Plus Discount: Net Interest: N.I.C. Rate: $391,457 $11,180 ~02,637 5.647% Interest rates are estimates; changes may cause significant alterations of this schedule. t THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS Will BE RECEIVED ON THE FOllOWING BASIS: TERMS OF PROPOSAL $860,000 CITY OF SHOREWOOD, MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 28, 1996 until 12:00 Noon., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. . SUBMISSION OF PROPOSALS - Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARllY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 1996, as the date of original issue, and will bear interest payable on August 1 and February 1 of each year, commencing August 1, 1997. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1998 1999 2000 2001 $55,000 $55,000 $60,000 $55,000 2002 2003 2004 2005 $60,000 $55,000 $60,000 $55,000 2006 2007 2008 2009 $60,000 $55,000 $60,000 $55,000 2010 2011 2012 $60,000 $55,000 $60,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bonds, representing the aggregate principal amount of the Bonds maturing in each year, will be Page 6 . . registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. , OPTIONAL REDEMPTION The City may elect on February 1, 2006, and on any day thereafter, to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues of the City's water utility. The proceeds will be used to finance improvements to the City's water utility. TYPE OF PROPOSALS Proposals shall be for not less than $848,820 and "ccrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $8,600, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the Obligations is adjourned, recessed, or continued to another date without award of the Obligations having been made. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates Page 7 must be in ascending order. Obligations of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. . SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE . Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount less than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the Page 8 . - senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the. Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 9, 1996 BY ORDER OF THE CITY COUNCIL Isl Mr. James Hurm AdministratorlClerk Page 9 ,/" . . Extract of Minutes of Meeting of the City Council of the City of Shorewood, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Shorewood, Hennepin County, Minnesota, was held at the City Hall in the City on Monday, September 9, 1996, commencing at 0' clock .M. The following members of the Council were present: and the following were absent: *** *** *** The following resolution was presented by Councilmember who moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $860,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1996A BE IT RESOLVED By the City Council of the City of Shorewood, Hennepin County, Minnesota (City) as follows: 1. It is determined that: (a) the City engineer has recommended the construction of varIOUS improvements to the City's water system (Project). CAPI09681 SH18S-6 S-J3 . . (b) the City is authorized by Minnesota Statutes, Section 444.075 (Act) to finance all or a portion of the cost of the Project (Project Costs) by the issuance of general obligation bonds of the City payable from the net revenues of the water system, special assessments, and truck charges. The Project Costs are presently estimated by the engineer to be as follows: Proiect Designation & Description Total Project Cost Eureka, Smithtown to Birch Bluff Smithtown, South to City Limits Smithtown, Eureka to Country Club $330,334 208,983 529.1 88 $1,068,505 (204,705) (3,800) Less: Street Reconstruction Fund Less: Sanitary Sewer Fund Total Bond Issue: $860,000 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $860,000 General Obligation Water Revenue Bonds, Series 1996A (Bonds) pursuant to the Act to provide financing for the Project. 2. In order to provide financing for the Project, the City will therefore issue and sell Bonds in the amount of $848,820. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $11,180. The excess of the purchase price of the Bonds over the sum of $848,820 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Terms of Proposal: CAP109681 SH185-6 . . THE CITY HAS AUTHORIZED SPRlNGSTEO INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $860,000 CITY OF SHOREWOOD, MINNESOTA GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, October 28, 1996 until 12:00 Noon., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day_ SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for SUbmitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will aSSume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of ProPosal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 1996, as the date of original issue, and will bear interest payable on August 1 and February 1 of each year, commencing August 1, 1997. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1998 1999 2000 2001 $55,000 $55,000 $60,000 $55,000 2002 $60,000 2003 $55,000 2004 $60,000 2005 $55,000 2006 $60,000 2007 $55,000 2008 $60,000 2009 $55,000 2010 $60,000 2011 $55,000 2012 $60,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bonds, representing the aggregate principal amount of the Bonds maturing in each year, will be - i- . . registered in the name of Cede & Co. as nominee of The Depository Trust Company ("OTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to OTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of OTC wi1' be the responsibility of OTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with OTe. REGISTRAR The City will name the registrar which shall be subject to applicable SEe regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2006, and on any day thereafter, to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participanfs interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SeCURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues of the City's water utility. The proceeds will be used to finance improvements to the City's water utility. TYPE OF PROPOSALS Proposals shall be for not less than $848,820 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit {"Depositj in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $8,600, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M.. Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposaJ, said amount will be retained by the Issuer. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the Obligations is adjourned, recessed, or continued to another date without award of the Obligations having been made. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates - ii- must be in ascending order. Obligations of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The CltYs computation of the interest rate of each proposal, in accordance with customary practice, win be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds. (ii) reject all proposals without cause. and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds. but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept detivery of the Bonds. The CUS1P Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. . SETIl.EMENT WIthin 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven. Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices af the City or its designee not later than 12:00 Noon. Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents. the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchasers non-compliance with said tenns for payment. CONTINUING DISCLOSURE . Participating underwriters need not comply with the continuing disclosure requirements of Rule 15c2-12 promulgated by the Se<;Urities and Exchange Commission under the Securities Exchange Act of 1934 (the "Rule', because the offering is in a principal amount less than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing disclosure of any kind with respect to the Bonds. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that. no more than &even business days after the date of such award, it shall provide without cost to the - iii - . . senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 9,1996 BY ORDER OF THE CITY COUNCIL Is! Mr. James Huon Administrator/Clerk - iv- . . 3. Springsted Incorporated is authorized and directed to negotiate the Bonds in accordance with the foregoing Terms of Proposal. The City Council will meet at 7:30 o'clock P.M. on Monday, October 28, 1996, to consider proposals on the Bonds and take other appropriate action with respect to the Bonds. 4. In the resolution awarding the sale of the Bonds the City Council will set forth the covl!nants and undertakings required by the Act. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following members voted in favor of the motion: and the following voted against: whereupon the resolution was declared duly passed and adopted. CAPl09681 SH185-6 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF SHOREWOOD ) I, the undersigned, being the duly qualified and acting City Administrator/Clerk of the City of Shorewood, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Monday, September 9, 1996, with the original minutes on file in .my office and the extract is a . full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $860,000 General Obligation Water Revenue Bonds, Series 1996A of the City. WITNESS My hand as City Administrator/Clerk and the corporate seal of the City this day of , 1996. City Administrator/Clerk City of Shorewood, Minnesota . (SEAL) . CAP1096Bl SH185-6 ..... .- CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, AUGUST 27, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES DRAFT 1. CALL TO ORDER Vice-Chair Colopoulos called the meeting to order at 7 :34 p.m. 2. ROLL CALL Present: Vice-Chair Colopoulos; Commissioners Puzak, Dallman and Bensman; Administrator Hurm. . Later Arrivals: Council Liaison McCarty; Commissioners Trettel and Wilson. Absent: Chair Martin 3. REVIEW AGENDA Administrator Hurm requested an addition to the agenda after item #14 to discuss a Hennepin Parks memo regarding the Winter Use Permit for the LRT trail. Bensman moved, Puzak seconded to approve the Agenda as modified. Motion carried unanimously. 4. APPROVAL OF MINUTES Dallman moved, Colopoulos seconded to approve the Minutes of the July 23, 1996 meeting as presented. Motion carried 3/0 with Bensman abstaining. . 5. MATTERS FROM THE FLOOR Hurm showed a commemorative plaque to be presented to former Park Commissioner Steven Dzurak at the next City Council meeting in recognition of this five years of service to the City of Shorewood. 6. UPDA TE OF PARK PROJECTS Projects currently being done at the parks were listed as follows: Freeman - Signage to "Center Car Here" is being implemented for a portion of the parking lot to see if it is an effective system to solve parking problems. Water fountains will be done next spring and the shelter this fall Badger - To be covered under item #11. Cathcart - The parking lot is scheduled for asphalt by mid-September and the ballfield is also to be completed this fall. A temporary bench will be added near the free skating area for winter. Manor - One or two grills and a permanent trash can will be installed near the picnic area. Commissioner Bensman asked about the idea of planting vines on a trellis to cover the concrete wall. The pros and cons were discussed. \f)~ SHOREWOOD PARK COMMISSION MINUTES TUESDAY, AUGUST 27., 1996 PAGE 2 of 4 7. 1997 OPERATING BUDGET UPDATE AND CIP Administrator Hurm explained that one additional objective was incorporated to the Operating Budget for the implementation of Snowmobile Task Force recommendation. Staff's estimate as to the cost of $1900 has been added according to the Park Commission's directive. He then went over the newly revised CIP. A copy is attached to and is made a part of these minutes. The projected expenditures for 1997, totaling $98,000 were individually explained. There was discussion about possible expansion of the south parking lot at Freeman and potential issues with nearby residents. There was consensus that providing the needed parking space would be the right thing to do. The Funding Source Summary of projections into 200 1 of moneys available for park projects was also presented and is attached to these minutes. It was pointed out that the UndeSignated. fund balance decreases yearly estimating $48,002 in 1997 down to $14,243 in 2001. This presents a need to work on the issues of sports association donations and the Park Foundation efforts in fund raising as these will be the main source of revenue for future improvements. There was additional discussion about the concept of park development toward income generating activities vs. providing for general public use. Dan Puzak moved to include the Park Project Schedule and Park Funding Source Summary as part of the CIP for the next five years until amended in one year. Bensman seconded and the motion carried unanimously. 8. TRAIL SURVEY RESULTS It was agreed that the survey results would be difficult to discuss in their present format and will need further evaluation. . The subject was tabled. 9. COMMISSIONER REPORTS . A. Park Foundation - Dallman reported that the Foundation met on August 15. The Tonka United Soccer Association had indicated that they will need to cut their enrollment by about 1/3 due to lack of playing space. Representatives from the Minnehaha Watershed District were there to explain reasons for requiring modifications to the ballfield proposal at Minnewashta Elementary School. The two organizers of the Bennett Family Park concession program described the details of that operation and offered assistance to the Foundation members in planning for a concession building at Freeman. Some of the ideas were then discussed by the Park Commission. Hurm pointed out that one way to support the CIP in the future may be through concessions sales. There was a consensus that it should be pursued, and it would work best through the Park Foundation. B. Goal Statement for Parks Revisited- Chair Colopoulos thanked Ken Dallman for this written suggestion for a goal statement. Specific wording was discussed and adjusted, considering the reminder of Council Liaison McCarty that it is to be a philosophy, not a directive. The goal statement being considered is as follows: ~., #' SHOREWOOD PARK COMMISSION MINUTES TUESDA Y, AUGUST 27., 1996 PAGE 3 of 4 The Park Commission goal is to guide the development, implementation, and maintenance of Shorewood's recreational system. The recreational system, consisting of parks and a multipurpose trail network, shall provide the community and neighborhoods with safe, attractive, and diverse recreational facilities, and a designated trail systemfor safe and controlled rrwbility throughout the community by all acceptable means of recreational transportation. In discussion, the portion shown in italics was removed from the statement and, . Puzak moved to accept the statement with changes noted, as the goal of the Shorewood Park Commission. Wilson seconded. After further discussion, the motion carried unanimously. 10. SNOWMOBILE TASK FORCE - REPORT ON COUNCIL WORK SESSION Council Liaison McCarty explained that the City Council did not arrive at a decision in their August 26 Work Session and another session will be scheduled. Hurm added that he plans to present an implementation plan and to address all seven issues. 11. BADGER PARK AND SENIOR/COMMUNITY CENTER UPDATE Hurm reported that the construction is close to being on schedule with an estimated completion date around the fIrst of the year. The power lines for the football fIeld lights have been buried and the soil that came out of the building site looks good for fIll on the fIelds. The type of fIll from the ponding area is still unknown. 12. REPORT ON PLAY STRUCTURE SIGNS . A proposal for wooden signs from Tonka Signcrafters was presented and discussed. Points were made in favor of wood as opposed to the material previously considered. The total cost of the fIve signs with the city logo would be approximately $2,250. The placement of the logo to the upper left comer and wording changes were agreed upon. Bensman moved that the Commission recommend the Tonka Signcrafters proposal with modifications. Trettel seconded and the motion carried unanimously. Hurm reminded those present that there is still a need for about 10 volunteers to help install the Badger equipment on September 14. Dallman will announce it at the next Legion meeting. 13. CRESCENT BEACH I COUNCIL ACTION The Council decided to "let sleeping dogs lie" since there is no record of complaints about dogs at the beach. An ordinance will not be passed to prohibit dogs. ..... f.."'f SHOREWOOD PARK COMMISSION MINUTES TUESDA Y, AUGUST 27., 1996 PAGE 4 of 4 There was a three minute recess. 14. TOURNAMENT POLICY Puzak presented a chart showing the policies of various cities and a draft of a suggested tournament application form. It was suggested that a 60 day prior application deadline be added and that some additional details could be incorporated into a cover letter rather than fitting all of the information on the form. Other changes were made in the wording and a revised draft will be presented at the next meeting. HENNEPIN PARKS WINTER USE PERMIT A copy of the Southwest Regional LRT Trail Winter Use Permit was distributed and discussed. . Hurm suggested that the Commission may want to review and recommend to Council that the application be filled out for multi-use, noting that Council action is required for final approval. Following discussion and questions, Dallman moved that the Park Commission recommend to the City Council that the application be submitted to Hennepin Parks for multi-use during the winter months. Wilson seconded and the motion carried unanimously. 15. ESTABLISH NEXT MEETING DATE The next regular meeting of the Park Commission will be on Tuesday, September 24, 1996 at 7:30 p.rn.. 16. ADJOURNMENT There being no further business, Bensman moved and Colopoulos seconded to adjourn the meeting. Motion passed unanimously and the meeting adjourned at 9:48 p.m.. . RESPECTFULLY SUBMITTED, Connie Bastyr, Park Secretary . . To: From: Date: Re: Mayor and City Council James C. Hurm, City Administrator September 6, 1996 {~ Requesting a Permit to Use the Regional Trail for Winter Use Largely because of Shorewood's questions last year, Hennepin Parks has now formalized a winter use permit process. A copy of the permit is attached to this memorandum. This is very similar to what we have done informally in the past. The Council should authorize the permit application to be s~bmitted and agreeing to the conditions of the permit. tJ;:-Co6 HENNEPIN PARKS ; ~ I. -' 0::;' r-:::= rl ':", /7-'-':-;":. ':_\ ~ 'I I~ '! \\/1 It-. I \ li!.Y 1'-"-:7 '.c= ':/; L;:-; Wi li,...X .'.~ - .'n-r i/ 'i L) i; ;j ~ : 1" . ~ -:...~ ~ '..J~....l~ II i I ;: i I! f L.,-" .i.. .c.,,; ~""1""'f"") ; ~ i I~ h.i r~j i_~y Memorandum August 8, 1996 TO: FROM: Southwest Regional LRT Trail Corridor Advisory Boar, Mem7 Karen Bowen>>~' Winter Use Permit SUBJ: Enclosed is a copy of the Southwest Regional LRT Trail Corridor Winter Use Permit. as approved by the Hennepin Parks Board of Commissioners on June 27, 1996. . Please note the need to submit your community's request no later than September 15, 1996, ALONG WITH a certificate of insurance. naming Hennepin Parks as an additional named insured, AND your community's proposed rules and regulations for requested winter activities. Any and all winter activities (including walking) require a permit if you do not submit a request. the trail will be closed within the boundaries of your community. Signage regulating winter trail useage is the responsibility of sponsoring communities. Specifications for that signage are as follows: . White letters on dark brown wooden or steel background, either screened or vinyl application (no hand painted signs)~ Size-12xl8 or 18x24 (if necessary) mounted on 4x4 wooden posts, stcel tubing or standard U posts; there have been problems with stealing and vandalizing signs so heavy-duty installation is critical. These are more options than the Park District allows itself, but they may be necessary for winter conditions and. in some cases, motorized traffic. Thc name of the sponsoring eity should be included at the bottom of each posted sign. All existing trail signs not authorized by Hennepin Parks will be removed by Park District staff by September 15. I thought we had a good discussion in May about the proposed permit and the problems we all hope to solve through its implementation. Please keep in touch so we can work out any kinks that we haven't already anticipated. c: Doug Bryant, Superintendent City Mayors Hennepin Parks Advisory Board Members 'I7lrtpermil ~06 HENNEPIN PARKS SOUTHWEST REGIONAL LRT TRAIL CORRIDORS WINTER USE PERMIT Name of City City Hall Phone Street Address Zip Code Contact Person Phone Authorization is hereby requested from the Hennepin Parks Board of Commissioners to use portions of the Southwest LRT Trail Corridor for winter use activities between November IS and March 31 as determined by each municipality within guidelines set forth herein on property located within individual City boundaries. It is understood and agreed that approval from the Hennepin Parks Board of Commissioners is contingent upon the following conditions: .. The City will provide the Park District with a Certificate of Insurance, naming Hennepin Parks as an additionai named insured. Such certificate shall provide at least $600,000 aggregate or combined single limit of general liability coverage for the requested winter use activities. · The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November IS-March 31 pursuant to guidelines established by the Park District. The City further agrees to immediately address all safety issues on or adjacent to trails as part of this permit. . · The City will provide signage at locations approved by the Park District notifying the public of authorized winter activities within its city limits; activities may include hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. (Horses are prohibited on all segments of the trail throughout the year.) Winter use signs must be installed by the City at designated locations prior to November 15 and removed by the City no later than April 15. These signs are totally the responsibility of each municipality. · The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. · The City agrees to repair all trail surface damage that occurs as a result of winter trail activities, including, but nbt limited to, grading or adding aggregate pursuant to guidelines established by the Park District. . · The City agrees that winter trail use will be available to all persons, regardless of whether or not they are city residents. Each City is required to submit its annual permit requests including proposed rules and regulations by September 15, after which the Park District may take up to 45 days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Southwest LRT Trail Corridor where municipalities do not request permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: (Authorized Representative of the City) ohl/lrt/wntrprmt . . To: From: Date: Re: Mayor and City Council James C. Hurm, City Administrator September 6, 1996 Playground Recognition Signs - Agenda #6C The Park Commission has researched and received quotes on different kinds of signage at the six different playground areas in our parks. Their recommendation is to authorize $2,225 to be transferred to the Park Foundation to purchase five signs from Tonka Sign Crafters, 30 Woodlawn A venue, Excelsior, Minnesota. The signs will be cedar with a design consistent with the signs already used identifying the parks, City Hall and Public Works facility. The dimensions are 48"x32". The sixth sign will be incorporated into the play structure at Badger Park. 1P0~ 1'. ~ . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236 .MEMORANDUM TO: FROM: Mayor and City Council Brad Nielsen DATE: RE: FILE NO. 5 September 1966 Hazardous Building Removal Order Property - 25565 Smithtown Road In May of last year the City Council adopted an order for the removal of a hazardous building located at 25565 Smithtown Road. You will recall that based on several neighborhood complaints the building was inspected and found to have been abandoned and in very hazardous condition. The building was unsecured, an open stairwell led to a basement full of water and the electricity was still running. The order was sent to both Naomi Carlson, the fee owner, and to Gregory Fox, holder of a contract for deed on the property. The order directed Ms. Carlson and Mr. Fox to either remove the building or secure it immediately and bring it up to current building code standards. The City Attorney subsequently agreed to allow Ms. Carlson additional time to resolve the matter with Mr. Fox, upon her return from an out of town trip (see memo from Tim Keane, attached). To date the building has been substantially secured but still remains on the site in very poor condition. Staff is still concerned that someone could gain access through an unsecured window on the north side of the building or by pushing in the plywood panels at the rear of the building. Electricity appears to continue running in the building. Staff feels that more than adequate time has elapsed for MS.Carlson to have resolved this matter. Consequently, it is the intent of this office to fIle a complaint with Hennepin County District Court next week to compel removal of this "accident waiting to happen". You will note that Ms. Carlson has appealed to the Council to abate attorney's fees to date. She states that if the City had simply called her, she would have taken care of the problem. The attorney did try to help her by giving her additional time to comply. Additionally, having been officially directed to correct the building over a year ago, the problem has still not been corrected. A Residential Community on Lake Minnetonka's South Shore B.A. > . . . Memo re: Carlson Hazardous Building 5 September 1996 In terms of procedure, there are often opportunities to use a friendly approach to resolve code violations. In this case, the building was deemed to be extremely hazardous. Frankly, staff was frustrated that the statutes would not allow the City to go in and correct the problem immediately. It is recommended that if Ms. Carlson wants reimbursement of the legal fees, she should be seeking them from Mr. Fox. If she wants to avoid additional fees she should correct the problem at once. It does not seem appropriate that Shorewood residents should bear the costs of the property owner's neglect. cc: Jim Hurm Tim Keane Joe pazandak Larry Brown Naomi Carlson -2- . . , FROM L H 0 L LTD. 15TH FLOOR 09.05.1996 15:12 P. 2 MEMORANDUM LARKIN. HOFFMAN, DALY & LINDGREN, pm:- AUOmey. ~ Law 1500 NorwOlt PlnanClal~onter 1900 Xerxos Avenue South Bloominaton. MlnnClOft543I Telepbone: (612) 83 -3800 FAX: (612) 8 3333 TO: FROM: DATE: Brad Nielsen, Planning Director Tim Keane, City Atto~ September 5, 1996 25565 Smi~town Road.. Conversation with Naomi Carlson Our .File No. 18,636-30 RE: The putpPsc of this memorandum is to summarize the conversation I had with Naomi Carlson in May 1995 regarding the building located at 25565 Smithtown Road (the Property). As you rocall, the City Council on May 22, 1995, adopted two orders that had been served upon the Property owner, Naomi Carlson. The first order was directed to fee owner, Naomi Carlson, and conttnct vendee, Oreg F,?x, to secure the vacant building within five (5) business days or the City would take those steps Q,ecessary to secure the building and assess costs against the PrQperty. The second order to. the same parties directed the making of repairs to bring the building into confonnance with applicable building codes or provide for the removal of the buUding. This order provided that corrective action must be taken within twenty (20) days of the date of service of this order. On May 26t J 995, I was contacted by Naomi Carlson from Oakland, California. . She explained tluit Greg J~ox had been in jail for the last six months and would be released May 31 ~ 1995. She explained that her neighbor had boarded up and secured the vacant house. She further explained that the Carlsons had owned the Property for over ten years and sold the Property on a contract for deed to Oreg Fox (Fox). 'Ms. Carlson indicated that if she took the Property back from Foxt she would tear down ,the struCture because it had fallen into such disrepair while occupied by Fox. Ms. CarlSt~n stated that she would be retuming from California on June 20, 1995, and wduld wbrk with Fox to corteet the situation as soon thereafter as possible. I agreed that the City would ndt take imy action until after her return. This WRS. the last conversation 1 had with Ms. Carlson until we met with her at City Hall on August 6, 1996. TJJ{Jpsb 0238121.01 . . '3ep t emb ej- "f. 1 ':;t';:t6 /;~~ IIU .IS \~ ' !EO 0/1 ~ -0...... I, cSf'j"',', /. .- , 1/1 S~[... 1/ :; ILl - . 4 1996 V! ! By J.:j ; --~I -----, Robert Bean, Mayor, and CouncilPersons of the City of Shorewood 5755 Country Club Road Shorewood. MN 55331 Re: 25565 Smithtown Road Legal Fees Dear Mayor Bean and Member5 of the Council~ I am j-equesting 1'3':"-6, to a':::k .fOI- pl-opel- t "r' . the Council fee: chaj-ged on '3ep t. '? , to the .abovs an appearance before the abatement of legal These fees were charged unnecessarily, without any communication with me except for a notice dated August 25, 1995, in which the chaj-ge's ~\jere stated as "Delequent propel-t')"' cle:::~n up chal-ges. II Had the notice made any reference to legal fees, I would have contacted the City immediately. Y OUj-S t j-U l'y' , " I"~aom i (' aj-1 son 5955 C~thcart Drive Shorewood. MN 55331 474-137E: iFg8 July ...,~ ---' , 1996 (:'-., '~r::::.~~;;"':"-'-,::~;-:~':- 1I,,'\;I=iI i'-- II ;11 l I-- !\\.-,-, j;-' I 1(---.'; ;f; ]I '---. ~... ,- II Ii.-' ,:','I-.cJJ' ~ -' '---'Ii': / Ii. i ,.,it'>,,'1 ')' ~. ,,'QQ,':: II,,', ",' J i 'l., ~ ''< Y I !U u -. <J ,~~ 0! i 8'1 i ---'-_.'--_..'"'--~~- "'-- --""-""-..-.-' Robert Bean, Mayor, and CouncilPersons of the City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 25565 Smithtown Road Sump Pump Charges Dear Mayor Bean and Members of the Council, I am requesting an appearance before the Council on August 12, 1996, to ask for the abatement of charges assessed for lack of inspection of the sump pump at 25565 Smithtown Road. . Although I sold the property in May, 1991 on a Contract for Deed, I have received several notices from the City of Shorewood for various reasons; however, I received no notices regarding a sump pump inspection. Had I received such, I would most assuredly have made sure the inspection was done. When I became aware of the problem, quite by accident, I was told that I had not been notified because duplicate notification was complicated. That statement puzzles me in view of the fact that I have received many notices, as evidenced by the attached exhibit. Since the inspection has been completed, which would have been done months ago had I been aware of the nonconformance, I feel an abatement is in order, and expect it to be forthcoming. . Yours very truly, ~r~ Naomi R. Carlson 5955 Cathcart Dr. Shorewood, MN 55331 ~ 474-1376 . . .. ) cr~ . &( t} L/ stY'./" }1 . Ay,~l'~' 1( yI/ t. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331.8927 . (6121474.3236 July I I. 1996 RE: Boulder Bridge/Badger Well 1995 Watennain Project (Project #95- I) Dear Resident: \ ,I .~ . CITY OF SHORE\VOQ 5755 COUNTRY CLUB ROAD SHOREWOOO. MINNEsorA 55331.8927 . \ i......./ : I , ' ! ./ , /; i Z 706 26 ?~9.6.~._/ .~ '.M /til'" i! . I~ :tf:~}. .~<~ 1-\ L' ~ i .~ J Ii'.' . ~ Naomi Carlson 5955 Cathcart Drive Shorcwood. NN 55331 -.) j\' ...J2.. h-r/...(.&-c. 't:. '"J /'1... .L "".: '~j 1.~i:-7~~~~2~ ~ . .)....$,."- .. : . .<;;\'7:..l~ . hd5fff1A.jr J) ra; ~ ---)~ - . '.. 'n ) ........\U ..A:-.- ;1~~1~'. ,II j..1 L,1 ,v I ( SS?31-8-=t 16 12 1.1.1..1.1...11",11.."11I..1.1.1..,,.11,11..,1.1,,1.1.1. I" I ~ ..---- r:.~ :, '... .\ . \ I CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD. MINNESOTA 55331.8927 ) .~'" Q .-., /) / ~. key ;'1.','/1 ( IV if ',1.,.,1.1...11."11.,,,11,,11,1 Naomi Carlson 5955 Calhc:lI1 Dr Shorewool MN 55331 f--"-""~-~--- . . . -...---.-----.. -----.._..-~ --.----- . ----- --- =;=;::3i-iF;E Hi I, I! IIII,I",II",II,,"III! ,I ,I! I!,,!! II! II.! ,I! I! ,I'll I! I! 1\ ......lll-_......._J.) . ,-"" vY Jo;Y {;J @ M~.VOR R"bl'!'rt Bean COUNC:L KflSlI Stover Bruce Benson JI!"flIta, McCany ()ooJ'l Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55:l31.8927 · (6121474.3236 October 4,1995 Dear Shorewood Resident: "I'.-~ . ___ F.e '" I . '. ..' . ..........._~... ,..,. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD SHOREWOOD. MINNESOTA 55331.8927 \ ;j 1-. '-"-' \.-- ;,....I<;.~ : ,. ...It. ~. I.....-.~,~.. ;' .!.~......~. 1,1,1"1,1,,,11,,,11,,,,11..11,1 Naomi Carlson 5955 Cllhc:Ul Dr Shorewoo, MN 55331 'l/J-i I y') ~ ~ I ~ . I L ! L ,l~ k. f 1)('/ \ 1\, }\ " f/!"") 1::'" . :SS:j~i-!',i6 10 1,I,I! ,I,I,.,II,,! 11",.111.,1.1.1 111"11,11,,,1,1,.' ,I, I, \ "I .' ./ (P -_/ CITY OF SHORE\VOOD NOTICE OF PUBLIC HEARING ON PROPOSED ASSESSMENT ^ ~rl: "';f &I (} S ,\l!( iUS r 25, Il)l):i NOTICE IS HEREBY GIVEN Ihal Ihe Cily Clllllll'j1 of lhe City Ilf Shorewnou will hold a puhlic hl':1I i Ilg in Ihe Coullci I Ch:!Inhers 01 Ihe Shorewond Cily Hall, .'1755 Counly Cluh Rnau. Shmewn"d. \1~. al Iheir regular lIleeling 011 Septelllher II. 1<)1)5, al 7:4') p.m., nr as soon Ihneafter as p()s~,ihil'. I he pllrpose 01 the hearill[! is III pass IIpOIl the follll\ving proposed asscssI11l:nls: '-J;L!Jl.U:_-l~r :\ssessllIcnt ProJlt.;l'ty to hc Assessed Amollnt of t\S.~~'::-''illL<';lL\ IklillqllClIt {1\ operty ,\3-117.23.23-0027 $ ():{ 0 I 7 . . ... ~ c <{ o a: SHORE\X!OOD ~ ..J U > a: I- Z :J o u '" '" ... '" c <{ o a: SHORl~WOOD 3 u > a: I- Z :l o u '" '" ... '" a <{ o a: SHORI~\'<lOOD 3 u > a: 0- z :J o C c~ ~) ... '" ;:; M '" '" z :;; c" o o ;: w a: o J: V> . ;:; M '" '" z :;; c o o ;: w a: o J: V> M M on '" Z :;; 6 o ~ w a: o J: '" , ) 1\-( Ms. Naomi R. Carlson 5955 Cathcart Drive Shurewood, MN 55331 /1 )\~~._(!. -/) /'---!}l' .' <. ~\y) :VJ( , / \ \l- ':' ~)l < ..e--7-.~ l~ , - , J '('_-"("'/"1'< L.c.: /~,,-;;-,,? , " - \ , ;1",/1 \ ., )) 111-~ ) .'\..... .--1* _' I'vls. Naomi R. Carlson "l. 'J-.,' 5955 Cathcart Drive 7 - J Shllre\vcoo.~ MN 55331/~ lJ _uJLP ~ v Ke~ /u~J '" .\ vv--/-t- /. ~-.jJ;P-; '7. ~. A1~..~~ t ~ .~7:'1 ~ ~J~~~;~/ ~1s. Deborah pettLtl~ I T -~ . . tJ.:.'.a .'/-<".~~' " P.O. Rox 386 MQ .' /) 'Y /"" "e..' .. . ' ,-) -"_, "". '3- F.xcdslOr. HN 553\l~ ~;:.. (.~/ ,,/" .//~'t." _...",>c,." ;"-fill./. ,,/.'\.<' ~. ~v ~v .;' '" ~I(,. ~<f'e.~ ~-.J ! -.; tJ,<'~ '(,>>(<' ,<-~6 q..~' ~~Q '(,'<- V' I r--rJ / - " l/f) // /)/, 1.- ~ L /"((/},~r /j:; !....I_-,.,...~~ -",,' ,'.-.... I' I' " ,. . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION SETTING THE 1997 PROPOSED GENERAL FUND BUDGET AND THE PRELIMINARY 1996 PROPERTY TAX LEVY COLLECTIBLE IN 1997 WHEREAS, the City staff has presented to the City Council the proposed 1997 General Fund Budget and the 1996 property tax levy collectible in 1997; and, WHEREAS, the City Council has met to review the proposed budget and property tax levy; and, WHEREAS, the City Council must approve and certify its proposed 1997 budget and preliminary property tax levy for 1996, collectible in 1997, to the County Auditor by September 15 of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that: 1. The 1997 Proposed General Fund budget is hereby set at $2,667,041.00. 2. The following sums be levied for 1996, collectible in 1997, upon taxable property in the City of Shorewood for the following purposes: Gross Levy - General Fund Less: HACA Net Levy - General Fund $2,126,131.00 ( 420.880.00) $1,705,251.00 3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Hennepin County, Minnesota. 1996. ADOPTED by the City Council of the City of Shorewood this 9th day of September, Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk F~ . . . ,.- Crn [& c.c.. LMC '-145 University Avenue West, St. Paul, ~L."'J" 55103-2044 Phone: (612) 281-1200 · (800) 925-1122 Fax: (612) 281-1299 · TDD (612) 281-1290 League of }<linnesota Cities Cities pr'Omoting =ceDence July 2, 1996 Dear Mayor Bean and Members of the Shorewood City Council; By now, you are probably aware of the rights of way issue facing cities in Minnesota. US West's challenge to local management of the public rights of way is one of the most critical issues cities have faced in years. It was a topic of considerable discussion at the Annual Conference, where member cities supported the League Board of Directors decision to move forward with an aggressiv~ work program and financing plan to counter this challenge. Vie net::d your city to make a special payment to this fund and help put the work plan into action. The work plan developed by the Rights of Way Task Force and approved by the Board could cost $325,000 or more. This assumes that a large portion of the work plan will be coordinated by and implemented through League staff. The Board has agreed to allocate $125,000 from the current League budget for the work plan and is asking member cities to voluntarily pay $200,000. Based on your city's 1995-96 League dues, your suggested minimum payment is $514. Please consider this request in July and submit your payment by August 15, 1996 if at all possible. If each city meets their minimum payment, the $200,000 target is reachable. However, because it is unlikely that all cities will join this voluntary effort, we encourage members to allocate more if this initiative is of particular importance to them. Two important points should be made: First, this is a voluntary payment. As a member of the League of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. Second, your voluntary payment should not be confused with your League membership dues which will be billed at the beginning of September. The Board of Directors and I understand that this issue must be weighed against the priorities in your city. However, we believe that the prospect of losing local control of public property warrants this extraordinary effort. This is a complicated issue, please consider it carefully. Enclosed is a brief information sheet to help you in your deliberations. If you have any questions, contact me at (218) 643-1431, League Executive Director Jim Miller at (612) 280- 1205 or (800) 925-1122, or any member of the Board of Directors. Sincerely, ~cd# Blaine C. Hill President, League of Minnesota Cities frlD cc: City :VIanager. Adm,iIJ.i.strator 0-6 rlerk. ./ C'T' r'"~"""T~\Y:;" PT ,~, R .~"i ~~(jAL OP~ O~Tl;0lrn. .-\F, .R..L-\L. ~ .." 4 ,c.. ~;-.L _> :t:.. CODlDlon questions about public rights of way L-g1UI 0/ Min_ota Citia Citiu promoting _O_ca . Q Why did local management of public rights of way become such an issue? A -In February, US West challenged a ~edwood Falls ordinance that set standards for installing fiber optic cable in the public right of way. The ordinance charges a small per foot fee, requires the cable to be encased in concrete conduit, or, if that isn't done, limits the city's liability in case the cable is damaged. US West asked the Minnesota Public Utilities Commission (PUC) to take over jurisdiction of city rights of way, and set aside any local regulations. Then, US West sued the city of Redwood Falls in District Court. US West asked the court to prevent the city from enforcing the ordinance, and allow them to lay their fiber optic cable pending resolution of the matter before the PUc. . QDidn 't the District Court rule in favor of Redwood Falls? A - Yes. The League intervened on behalf of ~edwood Falls early in the proceedings and hired outside legal counsel with expertise in utility law. Those efforts paid offwhen a Fifth District Court Judge dismissed the lawsuit brought by US West. In the order dismissing the suit, the judge stated essentially that the state law creating the- PUC authorized it to regulate telephone service providers but did not take away cities' right to impose reasonable regulations and to charge a reasonable franchise fee for the use of their streets and services. The judge wrote "...The public utility commission regulates telephone companies, not cities." QDoesn't that settle things? ANot necessarily. The District Court ruling probably will have little bearing on the PUC ruling, which is expected later this summer. US West may also appeal the District Court ruling. Regardless of what happens in these two arenas, the Legislature will be looking at this issue when the 1997 session begins in January. Q Why is this such an important issue? A -The implications of this case are enormous. ~ deregulation and competition among telecommunication and utility providers continues, there will be more and more demand for access to the ground under city streets. All kinds of businesses and utilities make use of that scarce space - telephone companies, cable television companies, gas companies, power companies - and so on. If cities are not allowed to manage the use of the right of way, streets could be tom up regularly and underground facilities could become a tangled maze. Imagine your city completing a major repaving project, only to have the street tom up by a utility looking to install lines. Imagine the phone calls to city hall from irate residents if streets are blocked off two or three ,times a year. Imagine your frustration when it becomes obvious that local taxpayers are being forced to subsidize private industry and pay higher taxes to build and maintain city streets. QSo what is the League of Minnesota Cities doing? AAS the magnitude of this issue became clear, the League Board of Directors appointed a Rights of Way Task Force to look at what should be done. Through the course of several meetings, the Task Force developed a work program that involves legal, legislative, and public information strategies to protect cities' role in managing the public right of way. The Task Force estimates that full implementation of the work program could cost as much as $325,000. The Board has agreed to [mance this work program by allocating $125,000 from the current League budget and asking member cities to voluntarily allocate $200,000. Q$200JOOO is a lot of money. What is the League going to do with all of that? A - The work plan includes legal .L-\..representation, work with legislative leaders, and an extensive statewide public information campaign. While League staff will take on the bulk of this work, it's likely that outside assistance will be needed. QHOW did you decide how much you want our city to pay? ^ Your suggested payment is based on a ~ercentage of your city's 1995-96 League dues. QDO we have to pay? How will the payment affect our dues? ANO city if required to pay. This is strictly a voluntary payment. Also, it's entirely separate from the League dues statement your city will receive in September. ~ - . Q What if our city decides not to pay? A -That's your choice. As a member of the .L-\.League of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. Q Can our city pay more? A - Certainly. In fact, we encourage members ..L-\..to allocate more to this fund if this initiative is of particular importance to them. If all member cities meet their minimum payment, the $200,000 target is reachable - but it's unlikely that every city will join this voluntary effort. . QAfter we pay, how can we stay up to date on the issue? AWe will keep you informed of any developments through articles in Cities Bulletin, direct mailings, and broadcast faxes. Q Clearly, our payment is only part of the solution. What else can we do? A - The best thing city officials can do is stay J-\..imormed, and pass that information along to as many others as possible. Discuss rights of way with your local editors and reporters; make local control a campaign issue for your House and Senate candidates; talk to your local Chamber of Commerce about the business impact of tom-up streets; let taxpayers know you're working to protect their investment in streets. . QI'm still confused Who should I call? A - If you have more questions, please contact .L-\.League Executive Director Jim Miller at (612) 280-1205 or (800) 925-1122, or any member of the Board of Directors. MEMBERS James Hurm BLOOMINGTON Administrator/Clerk BROOKLYN PARK City of Shorewood BURNSVILLE 5755 Country Club Rd g~~L~~lN~~IGHTS Shorewood, MN 55331-8927 DEEPHAVEN EDEN PRAIRIE EDINA FRIDLEY GREENWOOD HASTINGS HOPKINS LAUDERDALE . LAKE LM~~ MINNETONKA MINNESTRISTA NEW BRIGHTON NORTH ST. PAUL ORONO OSSEO PLYMOUTH ROBBINSDALE ROSEYI LLE SAVAGE ST. LOUIS PARK SHAKOPEE SHOREYIEW SPRING PARK WAVZATA WEST ST. PAUL WOODBURY . SUBURBAN RATE AUTHORITY roJ~CC~D~~~ ~ AUG 1 2 1996 ~ By August 9, 1996 RE: Suburban Rate Authority Membership Dear Mr. Hurm: As you may know, the Suburban Rate Authority (SRA) is a joint powers organization consisting of 33 Twin Cities suburban cities. For over twenty years the SRA has been a voice for suburban governments, residents and businesses before the Minnesota Public Utilities Commission (PUC). In the big dollar world of ratemaking, it is fair to say that SRA successes have saved suburban ratepayers literally millions of dollars in electric, gas and telephone rates over this period. We are entering an era of unprecedented change in the regulation of utility services, particularly in telecommunications and electricity. Every city must be vigilant in protecting its authority over the rights-of-way and the health, safety and welfare of its residents. In utility matters before the PUC and in the legislature it is very difficult for cities to "go it alone". In turn, the SRA needs each of its members to speak with a voice that will be heard by the PUC and the utility companies. The SRA would like to offer your city membership in the SRA throuqh June 30, 1997 for no annual assessment or continuinq obliqation of any kind. Upon your city's paYment to the League of Cities of the requested special assessment for the upcoming legislative debate over right-of-way authority, the SRA will accept your associate membership upon receipt of a city council resolution (enclosed). At that time we can discuss the Joint and Cooperative Agreement that sets forth the terms of membership. The SRA supports the League in its efforts to ensure city protection of rights-of-way and makes this offer with the knowledge and endorsement of the League. The SRA is a separate organization, distinct from the League or AMM. The SRA was formed as a regulatory body itself prior to 1975, and has been an active intervenor in electric, gas and telecommunication matters since 1975. 470 PILLSBURY CENTER. MINNEAPOLIS, MINNESOTA 55402 · (612) 337-9300 August 9, 1996 Page 2 Enclosed are the following materials that should inform and assist you in evaluating this invitation: 1. History and Purpose of the SRA 2. Review of 1994, 1995 and 1996 SRA Accomplishments 3. Proposed Resolution Authorizing Membership 4. Membership List and Assessment Structure An SRA delegate from a neighboring city would be happy to appear before the city council to answer any questions it may have. If you have questions please call Jim Strommen, legal counsel to the SRA, at 337-9233, or you may send an e-mail message to "attys@kennedy-graven.com". Thank you very much for your consideration. Very truly yours, ~~ . Fred Hanus City of Minnetonka Delegate Chair, SRA Executive :ckr cc: SRA Executive Committee James M. Strommen, Esq., Kennedy & Graven . 107668 SU160-3 KENNEDY & GRAVEN CHARTERED Attorney. at u.'" ROBERT A. ALSOP BRUCE M. BATTERSON ROSALO H. BATTY STEPHEN J. BlllUL JOHN B. DEAN DASIEL J. GREENSWEIG DA VlO J. KENSEOY CHARLFS L. LEFEVERE JOHN M. LEFEVRE. JR. ROBERT J. L1S0ALL ROBERT C. LoNG JAMES M. STROM:\IEN CORRINE H. THOMSON 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 JAMES J. THOMSON LARRY M. WERTHEIM BONNIE 1.. WILKINS JOE Y. YANG Facsimile (612) 337-9310 DA VlO 1.. GRA YEN (1929-1991l WRITER'S DIRECT DIAL (612) 331.9233 OF COUNSEL ROBERT C. CARLSON ROBERT 1.. DA VlDSON WELLINGTON H. LAw FLoYD B. OLSON CURTIS A. PEARSON T. JA Y SALMEN SUBURBAN RATE AUTHORITY INTRODUCTION . This summary is intended to describe the history, purposes and accomplishments of the Suburban Rate Authority ("SRA"). The SRA is a joint. powers organization consisting of 33 suburban cities (list of cities attached) that actively intervenes in matters affecting gas, electric, and telephone rates charged to suburban residents and businesses. The material below attempts to demonstrate the tangible savings achieved by the SRA. Though actual dollar savings are often difficult to calculate, the SRA has saved residents and businesses of Twin City suburban communities millions of dollars over the last 20 years. A conservative calculation reflects a $200,000 per SRA member vote savings since 1975. HISTORY AND PURPOSES . The SRA was organized in 1963, for the purpose of providing collective strength in negotiating franchises with the Minneapolis Gas Company, which served the original SRA members. In 1974, the legislature adopted the Public Utilities Act to provide for state regulation of gas and electric utilities, except for cooperative electric associations and municipal utilities. SRA assisted the state in setting up regulation and intervened in the early gas and electric cases with the hope of providing leadership and direction in utility regulation. Since that time, it has been active in matters concerning gas, electric and telephone rate regulation and in legislation concerning the Public Utilities Commission ("PUC"). JMS105177 SU 160 - 3 RECENT INVOLVEMENT 1996 Model Wireless Communication Lease Aqreement. The SRA provided primary drafting contributions to a League of Minnesota Cities Model Site Lease Agreement for PCS/cellular communication antennas. This Model has been distributed to Minnesota cities for use in negotiation on site lease agreements. 1996 US West Riqht-of-Way Challenqe. A significant legal challenge to municipal authority over rights-of-way was brought by US West to the PUC and the district court. The SRA took an active position in support of the League and the other cities involved directly in the challenge. This issue will be the subject of legislation in the 1997 Minnesota legislative session. 1996 Minneqasco Case. The SRA and the Department Public Service successfully argued against a $1 million annual acquisition adjustment (23 years of recovery requested) Minnegasco sought . to recover from ratepayers for its acquisition of Midwest Gas. .. In addition, the SRA criticized the allocation of Minnegasco to residential customers and the Commission ultimately denied Minnegasco'S proposed change, saving residential customers money. The residential basic service charge also remained at the same level ($5 per month) as supported by the SRA. 1995 Updated Model Gas and Electric Utility Franchises. The SRA and the League drafted model utility franchise ordinances. The increasing deregulation in both the electric and gas utility industries necessitated revisions to the previous model franchise ordinances approved by the SRA. 1995 Minneqasco Fixed Residential Customer Charqe. The PUC denied Minnegasco's request for an increase in the residential customer fixed monthly gas charge from $5 to $6 per month. . The SRA was the sole party to argue that Minnegasco must make a greater showing to justify requested and intended increases in the fixed, non-usage based monthly charge. The requested increase was made without a showing that statutorily required conservation policies would not be inhibited. 1995 Model Telecommunications Permit Ordinance. The SRA prepared and shared its Model Telecommunications Permit Ordinance with the League of Minnesota Cities. In collaboration, the SRA and the League distributed the ordinance to all Minnesota cities. The purpose of the ordinance is to provide orderly police power regulations over telecommunications companies in the city. This ordinance will be reviewed in light of the 1996 Telecommunications Act and legal developments resulting from it. 1993 Minneqasco and NSP Rate Cases-FAS 106. The SRA played a substantial role in one of the major issues to be raised JMS105177 SU160-3 2 before the Minnesota PUC in several years--FAS 106. A post retirement medical health care benefits "transition obligation" was sought by Minnegasco and NSP as a result of the accounting standard known as FAS 106 which required a change from cash basis to accrual accounting for such benefits. This change involves millions of dollars (Minnegasco $24 million; NSP $160 million) to be borne currently either by the utility shareholders or utility ratepayers. The PUC originally voted in May 1993 to disallow one-half of Minnegasco' s transition obligation, but ultimately reversed its decision and allowed those expenses. These expenses will be spread out over a twenty year period in rates. This issue is an example of the millions of dollars at stake in utility rates the SRA fights to limit for ratepayers. . . 1992 US West Telephone Rate Savinqs. As of November I, 1992, residential and business telephone rates for US West Twin City local calling area became equal by class of service throughout the metropolitan area. This pue action eliminated the tiered telephone rates t'hat was in existence since 1980. The US West Tier System charged higher rates for residential and business customers living in the suburban areas. In 1984 the SRA achieved a reduction of one half of the tier ratios. This elimination of the Tier System is a direct result of SRA's jntervention and arguments against differentiating telephone rates by geographic location. . 1992 Municipal Pumpinq Rate Savinqs. Together with the City of St. Paul and the Municipal Pumpers Association, SRA efforts have consistently maintained pumpinq class rates at 2 -3 % below qeneral service class and have continued the municipal pumping exemption from the eleven-month demand ratchet rate imposed on commercial-industrial users. The SRA's expert consultant has estimated that avoiding the eleven-month demand ratchet charge alone saves 7.5-10% in annual municipal pumping charges paid to NSP. 1991 NSP General Rate Filinq. The SRA actively intervened in this NSP filing, wherein the PUC rejected NSP's $120,000,000 rate increase request. The SRA focused on the municipal pumpers' rate and street lighting. The SRA is traditionally the only intervenor seeking reduced increases in the municipal pumping rate and has seen consistent success in that effort. 1990 us West Incentive Requlation Plan. We actively intervened in the case involving US West's request to be partially deregulated in its local service to residential and business customers. The final order established stable rates for Twin City local telephone customers of US West through August of 1994. US West will share 50% of its revenues above a 13.5% return on equity. JMSIOS177 5'l160-3 3 1987 Northwestern Bell Extended Area Service Docket. The SRA made significant progress in demonstrating cost in equities in the Twin City Metropolitan Area Northwestern Bell service area. SRA participation in this case helped lay the ground work for the order abandoning the Tier System. 1986 Redeliberation on Northwestern Bell Cases. The SRA obtained very substantial reductions in the Tier System ratios. These changes resulted in very significant savings in telephone rates for most SRA business and residential users prior to the elimination of this rate design in 1992. 1985 Rate Structure Task Force. The SRA was active in the formulation of funding proposals for the Combined Sewer Overflow ("CSO") projects in the Cities of Minneapolis, St. Paul and South St. Paul. SRA involvement may have limited the pass-through of these costs to member communities. 1985 Northern States Power General Rate Case. The SRA "pioneered" an lssue as to fossil fuel inventory. The SRA also helped . maintain the municipal pumping rate, and defended prior SRA i . accomplishments as to accounting practices. Very substantial savings were realized through SRA intervention. This case was appealed to the Court of Appeals and the State Supreme Court and the SRA (alone) participated with MPUC in successfully defending MPUC's action. ESTIMATED DOLLAR SAVINGS FROM SRA EFFORTS These are rough calculations made with the assistance of legal counsel and SRA expert consultants. In an effort to be able to contrast savings with assessments, the calculations are made on a per SRA member vote basis (5,000 of population). They attempt to distinguish savings resulting primarily from SRA efforts and savings that likely would have resulted anyway due to positions . taken by state agencies. 1975 NSP. SRA's retained expert estimated $18 to $20 per household. Using 3.4 persons per household, this would be approximately $26,500 per vote. The figure does not include business savings. 1977 NSP. There is no estimate of dollar savings in the file. The 1975 principles were defended successfully. It is thus reasonable to state that the $26,500 per vote continued from 1975 and onward. To be conservative, use five years of $132,000 per vote for NSP electric through 1980. 1982 Northwestern Bell. The SRA commenced its attack on the Tier System. In 1984, the SRA won a significant victory reducing by 50% the tier ratios imposed by Bell. Northwestern Bell has estimated a shift away from suburban communities of about $2 million to $3 million per year as a result of SRA JMS10Sl77 SU160-3 4 . . JMS105177 STJl60-3 intervention in the three Bell rate cases through the 1980's. Using $2 million per year and the assumption that SRA represents approximately half of the suburban businesses and households {this has not been calculated, it is just an estimate}, the savings is about $6500 per vote per year. Over the seven years, since this change became effective, this is $45,500 per vote. 1985 NSP. Our consultant estimated savings due solely to SRA intervention at about $8 per household per year. Over the two years the rate was in effect, this is a savings of about $23,500 per vote. 1987 NSP. Estimated savings from the fuel 1ssue 1S $1,600 per vote per year. Uniform Franchises. The gas and electric uniform franchises were negotiated in the 1980's at a cost of approximately $40 per vote. Attorney and staff costs for doing it individually might easily have been ten times that, a savings of $1260 per member or $360 per vote. 1992 NSP. As mentioned above, the savings per SRA member is about 2-3% per year for municipal pumping rates and 7.5-10% in avoiding ratchet demand. 1992 US West. The savings from elimination of the Tier System to tier 2 and 3 SRA residents and businesses is approximately $1 million per year and counting. 1996 Minneqasco. Collective savings to SRA residents from SRA efforts in the 1996 Minnegasco case is approximately $300,000 per year. Summary. A conservative estimate of dollar savinqs to SRA members because of SRA activities, directly and indirectly, over the years since 1975 is well over $200,000 per vote and countinq. A case could be made for multiples of this figure. 5 SUBURBAN RATE AUTHORITY ANNUAL REVIEW 1994 The following is a brief summary intended for the city councils of Suburban Rate Authority ("SRA") member cities. It highlights the major activities and achievements of the SRA during 1994. The SRA is a joint powers association of 32 Twin Cities suburban municipalities that monitors rates and rate design issues of electric, gas. telephone utilities and Metropolitan Council Wastewater Services. The SRA was very active and successful in several far-reaching issues affecting member city ratepayers and Minnesota cities generally. Telecommunications Legislation . In the fall of 1994. the SRA Board authorized counsel to participate in legislative issues affecting cities relating to the alternative telephone regulation bill (local service de-regulation) then expected to be offered in the 1995 legislative session. The SRA assisted the lobbying efforts of the League of Minnesota Cities in two important issues relating to that legislation: clarifying and broadening the police power of cities in the new competitive environment for a local telephone service and addressing cities rights to compensation for telecommunications utility use of public property. As of the date of this report, those SRA supported issues have been incorporated into the bill which passed out of both the Senate and House Committees and is being debated in the legislature at the time of this Review. The Department of Public Service will be authorized by this bill to issue a comprehensive report by February 15. 1996 recommending a uniform state policy on franchise fees for use of public property by utilities. Currently no telecommunications companies to pay franchise fees to Minnesota cities and the law is unclear regarding the rights of cities to require fees over and above regulatory cost. The SRA advocated a clarification on this issue and actively assisted in the inclusion of this study, in lieu of the right to require franchise fees in the current bill. The SRA will be actively involved in the DPS study if this bill passes. Model Telecommunications Permit Ordinance . The SRA also drafted a model telecommunications permit ordinance to establish uniform requirements regarding important issues to cities in the new competitive telecommunications environment: permit fees. location and relocation requirements, repair requirements. performance bonds. Gopher State One information and other provisions. The telephone deregulation bill language broadening city police power would further ensure the enforceability of these telecommunications permit ordinances. The Minnesota League of Cities has requested that the model permit ordinance be used as a basis for the League's model ordinance for distribution to its members. Minnegasco 1994 Rate Case The SRA won a significant victory for residential ratepayers served by Minnegasco in limiting increases in the fixed customer service charge Minnegasco sought. In 1993 Minnegasco won a 67% increase (from $3 to $5) in a fixed non-usage based customer charge for its residential customers. This increase was augmented by the elimination of a credit for gas usage. In the 1994 filing. Minnegasco sought again to increase its $5 charge to $6, stating that it intended to continue these increases in subsequent rate filings. The SRA was the sole party to criticize this increase as contrary to conservation goals established by the legislature and otherwise unsupported by evidence in the record. The DPS supported the increase. The PUC agreed with the SRA and denied Minnegasco's increase. citing conservation concerns and lack of customer acceptance. This PUC decision has ramifications for both gas and electric utilities and places a greater burden on the utilities in future rate filings to justify an increase in non-usage based charges. :MS8~296 ::~1' ;:::;;; _-. SUBURBAN RATE AUTHORITY ANNUAL REVIEW 1995 The following is a brief summary intended for the city councils of Suburban Rate Authority ("SRAIt) member cities. It highlights the major activities and achievements of the SRA during 1995. The SRA is a joint powers association of 32 Twin Cities suburban municipalities that monitors rates and rate design issues of electric, gas and telecommunications utilities. 1995 and 1996 have been extremely active and successful years for the SRA. Model Telecommunications Permit. Ordinance The SRA drafted a model telecommunications permit ordinance in conjunction with the League of Minnesota Cities to establish uniform requirements regarding important issues to cities in the new competitive telecommunications environment: permit procedure and fees, location and relocation requirements, repair requirements, performance bonds, indemnity and other provisions. The recently-enacted Federal Telecommunications Act of 1996 includes important and debated language regarding cities' right to manage and receive compensation for use of the right-of-way. The SRAlLeague Model Ordinance pre-dates the Act but establishes many of the vital protection cities need when telecommunications carriers seek to expand . within the City and expressly preserves rights to franchising or leasing. Minnee:asco 1995 Rate Case The SRA actively intervened on behalf of ratepayers in Minnegasco's 1995 petition for a $24.3 million rate increase and a 7.7% requested increase for residential customers. The SRA, through its expert witness, Robert Towers of Chesapeake Regulatory Consultants, has challenged a $1 million annual claimed ratepayer expense resulting from Minnegasco's purchase of the Midwest Gas system. The SRA also argues that Minnegasco exaggerates the revenue deficiency created by the residential customer class rates and has not shown a justification for an increase in the fixed monthly residential customer charge. The AU adopted the SRA arguments challenging the $1 million Midwest Gas acquisition adjustment that, if accepted by the PUC, will save SRA residents and businesses aooroximatelv $215,000 annually. The PUC will decide on the petition during the summer of 1996. Model Gas and Electric Franchise Ordinances Again in partnership with the League of Minnesota Cities, the SRA updated its uniform gas and electric utility . franchises to assist its member cities in negotiating new franchises. Of particular interest to cities in today's changing fiscal environment is the right to charge franchise fees. In addition. electric utilities are likely to be deregulated within the next decade. Terms and conditions of franchises become increasingly important to those utilities when-they perceive that franchise terms may affect competition. Electric Industry Deree:ulation The SRA intervened in a long-term investigation and review by the PUC of the electric utility industry. The PUC will be making a recommendation regarding if and when electric service should be deregulated for retail customers. The SRA has opposed utility company suggestions that eminent domain rights be equalized between cities and investor-owned utilities and that franchise rights be diminished. The SRA will continue to monitor the proceedings. Customer Service Task Force The SRA was invited to participate on a task force for the PUC on customer liability and service issues. The task force addressed issues on notice to customers, liability of innocent residential customers for past unpaid debts of prior customers living at the new residence and dispute resolution procedures. JMSIOJJ51 SU160-J . . 1996-97 SRA PROJECTS & ANTICIPATED PROJECTS To assist in the 1997 SRA Budget review process. the following is infonnation describing the types of issues the SRA is currently addressing and those in which we believe the SRA will be involved to protect residential, business. and city government ratepayers of SRA members. Given the quantity of important issues, it is possible that the SRA will be required to focus only on two of three of these issues to stay within its budget constraints. These matters are in addition to the General budget item that usually carries the largest component of any SRA annual budget. The General category includes quarterly meetings, member and non- member communications and on-going identification of new issues that may arise. 1. CITY RIGHTS-OF-WAY CONTROL AND TELECOMMUNICATIONS CARRIERS. On February 23, 1996, US West filed a petition with the PUC requesting an order limiting city rights to control the rights-of-way. This petition seeks broad PUC authority and limits on cities. The SRA has intervened and will be working closely with the League of Cities and other interested public bodies to protect city authority to control and receive compensation for utility use of the public right-of-way. This issue will likely come before the 1997 legislature for comprehensive review and possible new law. The SRA and all Minnesota cities should regard this matter as vitally important. 2. MINNEGASCO GAS RATE INCREASES. The SRA has been successful in the administrative hearing portion of the 1995 Minnegasco rate increase petition advocating no recovery from ratepayers for Minnegasco's acquisition premium for the Midwest Gas assets. Minnegasco has been very aggressive in the 1990s in seeking rate increases and the SRA is one of the few non-state agency parties to vigorously contest several of the more significant recovery requests. The SRA will continue to seek the lowest possible rates for SRA residents and businesses. 3. CITY WATER TOWER LEASES FOR WIRELESS COMMUNICATIONS. The Telecommunications Act of 1996 has spawned numerous applications for wireless communication antennae on city water tower sites. The SRA has been very active in coordinating a League of Cities sponsored work group to establish a model site lease agreement for use by cities. Each lease will be influenced by the many market considerations such as lease payments. tennination rights. interference issues and other matters. This group effort will greatly assist cities in their negotiations with cellular. PCS and other wireless communica- tions applicants. 4. ELECTRIC INDUSTRY DEREGULATION. The PUC is conducting an ongoing investigation into the deregulation of the electric utility industry. At issue for retail ratepayers will be the opportunities and burdens that will result when customers are able to purchase power from providers other than the franchised-provider in the service area. Cities also will be affected greatly as large customers with significant purchasing clout and as being forced to deal with potential negative consequences if certain residential customers are unable to benefit from de-regulation. JMSIOJJSl SU160-J SUBURBAN RATE AUTHORITY ASSESSMENT STRUCTURE ANNUAL CITY VOTES' ASSESSMENT Bloomington 18 7200.00 Brooklyn Park 12 4800.00 Burnsville 11 4400.00 Circle Pines 1 400.00 Columbia Heights 4 1600.00 Deephaven 1 400.00 Eden Prairie 8 3200.00 Edina 10 4000.00 Fridley 6 2400.00 Greenwood 1 400.00 Hastings 4 1600.00 Hopkins 4 1600.00 Lauderdale 1 400.00 Long Lake 1 400.00 Maple Plain 1 400.00 Maplewood 7 2800.00 Minnetonka 10 4000.00 Minnetrista 1 400.00 New Brighton 5 2000.00 North St. Paul 3 1200.00 Orono 2 800.00 Osseo 1 400.00 Plymouth 11 4400.00 Robbinsdale 3 1200.00 Roseville - 7 2800.00 Savage 2 800.00 Shakopee 3 1200.00 Shoreview 5 2000.00 Spring Park 1 400.00 St. Louis Park 9 3600.00 Wayzata 1 400.00 West St. Paul 4 1600.00 Woodbury 5 2000.00 163 65200.00 population, 1990 census one vote per 5,000 in population, or fraction thereof . . ~ ~ -. . . RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN RATE AUTHORITY; AND DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF THE SUBURBAN RATE AUTHORITY WHEREAS, the City of is authorized by Minnesota Statutes, Section 471.59 to enter into joint and cooperative agreements with other governmental units; and WHEREAS, the Suburban Rate Authority has been effective voice for suburban Metropolitan Area cities and residents, as a regulatory body from 1962 through 1974 and as an intervenor in gas, electric and telecommunications matters from 1975 to the present; and WHEREAS, the city council has determined it is in that the City's best interests to cooperate with other municipalities in the monitoring of utility services in the Metropolitan Area by participating in the Suburban Rate Authority;. and WHEREAS, the SRA has offered an associate membership to the City through June 30, 1997, with a waiver of the assessment of $400.00 per year per 5,000 in population, or fraction thereof; and WHEREAS, there are numerous important issues facing cities in gas, electric and telecommunications matters that require joint and cooperative efforts by and among cities. u:-!Sl 08 34: 5:::50-3 ..' ~-" NOW, THEREFORE, BE IT RESOLVED by the City Council of , Minnesota as follows: 1. The city of will become an associate member of the SRA in accordance with the terms of the SRA offer of August 9, 1996. The Manager and are authorized and directed to execute and deliver the documents and certificates necessary to effect associate membership in the SRA. 2. The manager/administrator is authorized and directed to contact the SRA regarding the City's decision to become an associate member as offered and to obtain the details of associate ~ membership. 3 . is designated as the city's first director on the Board of Directors of the Suburban Rate Authority and is designated as the alternate. 4. The City Clerk is directed to prepare a certified copy of this resolution for filing and mailing to the Suburban Rate Authority. Passed and adopted this day of , 1996. . Mayor ATTEST: City Clerk JMS1G8341 SU160-3 TOWN OF __.;.~_c....._...._____,._._ 'C.)i~'~id~ffIE~1 >:;~t C '~, fj 198b lUll IW U !::J i , I I I . By i HASSAN 25000 HASSAN PARKWAY, HASSAN TOWNSHIP, MN 55374 PHONE: (612) 428-4100 FAX: (612) 428-2102 August 22, 1996 City of Shorewood clo Mr. James C. Hurm 5755 Country Club Road Shorewood, MN 55331 . Dear Mr. Hurm: As you may be aware, on August 5, 1996, the Hassan Town Board of Supervisors approved a Resolution petitioning the Minnesota Municipal Board for incorporation. In an attempt to enhance our petition, I am notifying all municipalities within District 7 of Hennepin County of our petition, and requesting a Resolution of support from each community. Enclosed is a copy of our petition, the approving Resolution and a sample Resolution to be presented to your Council. As stated in the petition, it is Hassan's intent to incorporate because we find that the township form of government no longer protects the citizens as a result of the statutory powers cities have over townships, such as the annexation laws for example. . Hassan Township is an "Urban Township", which means we enjoy nearly all the statutory powers of a city. For example, we already have in place the planning, zoning and administration functions of a city, so incorporation is not that large of a leap. At the moment we are waiting for the Municipal Board to set a hearing, so we would appreciate it if you would take the Resolution to your Council as soon as possible. If you have any questions, please contact me at 428-4100. Thank you for your time and consideration. #118 - THE ONL Y TOWN IN HENNEPIN COUNTY - -" Council Member adoption: introduced the following Resolution and moved its RESOLUTION NO. RESOLUTION SUPPORTING HASSAN TOWNSHIP'S PETITION TO THE MUNICIPAL BOARD FOR INCORPORATION WHEREAS, Hassan Township is the sole township form of government within Hennepin County; that its neighboring communities in Hennepin County are statutory cities with the duties and powers outlined by law; and WHEREAS, Hassan Township is similar in size, population, development and geographic make-up as its municipal neighbors and feels that its current form of government is unable to adequately protect the health, safety and welfare of its citizens; and . WHEREAS, the Hassan Town Board of Supervisors believes it to be in the best interest of its citizens to Petition for Incorporation; and WHEREAS, the City of is located within Hennepin County District # 7; and WHEREAS, the City of finds that Hassan Township is in the best position to serve and protect its residents; and NOW, THEREFORE BE IT RESOLVED, that the City Council hereby supports Hassan Township's petition for incorporation and recommends the Municipal Board approve the request. . Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing Resolution was duly seconded by Council Member and, upon vote being taken thereon, the following voted in favor: and the following voted against the same: whereupon said Resolution was declared duly passed and adopted. , J IN THE MATTER OF THE PETITION OF HASSAN TOWNSHIP FOR INCORPORATION PURSUANT TO MINNESOTA STATUTE, SECTION 414.02 The undersigned, being all of the Supervisors of Hassan Township hereby petition the Municipal Board for incorporation pursuant to Minnesota Statute, Section 414.02. Hassan Township is the sole remaining Township in Hennepin County with all of its neighboring communities in Hennepin County being statutory cities. Hassan Township is suburban in character, much like its neighboring ~ommunities; Hassan enforces zoning and subdivision regulations and has existing residential, commercial and industrial plats of record. The Town Board of Supervisors has determined that the township form government does not adequately protect its citizens given its geographic location and the powers that the State grants to statutory cities. The Supervisors believe it to be in the best interest of the Township to seek incorporation. That on August 5, 1996, the Hassan Town Board passed Resolution ~Number 8-8-96 Incorporation." entitled "a Resolution Approving Petition for The proposed name of the incorporated municipality is THE CITY OF HASSAN The names of parties enti tIed to notice pursuant to Minnesota Statute, Section 414.09 are: Municioalitv or Planninq Aqencv Countv Mailinq Address 1. City of Rogers Hennepin County 12913 Main Street Rogers, MN 55374 1 2. Hassan Township Hennepin County 3 . City of Corcoran Hennepin County 4. City of Dayton Hennepin County 5. City of Hanover Hennepin County 6. City of Maple Grove Hennepin County 7. Frankfurt Township Wright County 8. City of St. Michael Wright County 9. Hennepin County Hennepin County 10. Metropolitan Council Ramsey County .. 25000 Hassan Pkwy. Rogers, MN 55374 8200 Cty. Rd. 116 Corcoran, MN 55340 12260 S. Diamond Lk Rd. Dayton, MN 55327 P.O. Box 278 11250 Sift St. NE Hanover, MN 55341 9401 Fernbrook Ln N Maple Grove, MN 55369 12239 42nd St. NE St. Michael, MN 55376 216 Main St. S St. ~~chael, MN 55376 . 300 S. 6th St. Minneapolis, MN 55487 230 E. 5th St. St. Paul, MN 55101 The attached map shows the proposed corporate boundaries and is included as Exhibit A to this Petition. Respectfully submitted, u~ C_ h/~<2.' Tom McCrossan, Chairman Town oard of Supervisors Ri: hard Martin, Town Board Supervisor ~~)- David Farr Town Board . ~ ~ I Supervisor 2 ~=o -II ;; ~ ~ "." \ C~ ~: ~~, - z ~ !~~ ~~~~~~""~" ~ / A / /~ 0-. ~~~~f/ '//d/. '/'/'-'-=- ~- ~~ ~~ ~~~~ n~11: i._n ~'~ ~ 0;0 ~ ~~ ~ MN .. III lilt! t~=~_. "~~~~ I ~ ~ \ r/-..~ ,\\ ~; ; ~ I -- ~ I I / ~ rl \ Ii 1h-7" . ~ ~"~"'i j ---' I _ Iff' l,{ll I~ I -Y1~ I ~J i r;~~ 'i( 3 ;1t'j In ~[l~; 1--[ ~~I" ~~ '~~r -.i I ~ I i L ~ IJj -,,,"~,,~~~~'" ,. "',\ ~. . vf - ~":-.\.~~" ~""~ "","" 't ~. I \~ I I I I ~ L.j j, :>==::= lJ.t ~~01. ((I, ".~~~" --!.w ~~ n ,I I~ - i J~ ----=p ~ :fF ~:.S:'" ~ 1/.'U''><'-'0:.'\.J H''-i7'' i ~JI IlrLJJ.'III'II,l,lll ~1~:"":~~'''''' .. ~.~.~~~ h . I I II. \ F~:,,',:j;~;,~:,'~~,~~ ,~, . ~. II ( 1'111 /=~::J.'~~'<~,~"r:.:,~'<~.,~~' '" ' ('j. ~f~i~",~"I " ,:. 'If ~, r ,- ...., I ,.,,!o/':;;;: ~_'~"'~ ,',YX,'\: ~~> " ,,<1,,' ,~~"-::..'::;:: . HH 'ill '=7/' 1,,./ L, l..,,~ ~ ',,'" , ",~',"--ililill IIIIIIII,[~II ill l\.... ~. I '" I ,7~~';j ~l' fr. '" (""')~ II lilT I U mill" 6i III I'll )\ .r i ~ I 1i1U f -~' , "", 1 :-[' ~- :\~'.,"'. "', .' ,'" ~ ~ -<~. I~~I L; 1i.J..~j 1/ L.J'r-: :....j _,...U I \ '-\", - II H "~~l:'~" ... ,', :-~~: - ~ ~ '" '\:. ": ~ IIII I / i I I ~~ ">1 I ~"'f,^"I~' ~ l,~ ~ ~ ,,~, ~...,~ ~~~ -1 J ! I'>.,~ U---:-:- . rm I ,'8~~~ '0t''5jt:" '~~"l~> :':::O~ ~~~~, ~ .-. I. r--..L' !...... 1--. III IE 1.L ~~'j.;~."~,,;' ~1\'::' '~~~~~C)~~~"'~~ I ~ tttU I 1ll.kk~ ! I !~, 1#_ ~,'x:1><0.'>~~::-\: ':-~',,,J"""~' ,m',,,,,,,,~,,,\:::-~.! . __II, T! ~ 'I' ! """ t I 0.~ ",,~ ",~~~~~ :~~I <U5*-~ ~0.:" 'I " , ~ I ~ VF;~;(\~i~~'S ~~~~~~~~,,*\~~~ ~ ~~~~ J I . J~ fn I c--i I' _ ,! ,~~ /.. _~~g 1_~~!:II~ll( I ~ ~ ;~ ;iiii ~ UUI'I 111I' I HiU It'j 'i!1 ," I )> (J) (J) )> z: -i o :2E z: U) I U ~ . ~nl ~::; ,....~ ""0 C'l'" ::0 o < ,.., , CAA$$. ..Me CTY Of DAYTON ~ . . . -. Member '7/,(1""p5<:"'''' Resolution and moved its adoption: introduced the following RESOLUTION NO. 8-8-96 RESOLUTION APPROVING PETITION FOR INCORPORATION WHEREAS, Hassan Township is the sole township form of government within Hennepin County; that its neighboring communities in Hennepin County are statutory cities with the duties and powers outlined by law; and WHEREAS, Hassan Township is similar in size, population, development and geographic make-up as its municipal neighbors but its current form of government is unable to adequately protect the health, safety and welfare of its citizens; and WHEREAS, the Hassan Town Board of Supervisors believes it to be in the best interest of its citizens to adopt the attached Petition for Incorporation and direct its delivery to the executive director of the Municipal Board for hearing pursuant to Minnesota Statute S414.02. NOW, THEREFORE, the Hassan Town Board of Supervisors resolves to adopt the attached Petition for Incorporation and authorizes its Administrator to forward said Petition to the Executive Director of the Municipal Board, forthwith. >1- C - 9'(. Date ATTEST:lf~~~~ ~ dmin~s ator ~ (- l.,~~ , Town Board 'Chairman The motion for the adoption of the foregoing Resolution was duly seconded by Member MQ~/~ and, upon vote being taken thereon, the following voted in favor thereof: JV1~ CrO$~Q", F:.. rr, 77,.o""'f'$on, M.. ..;.,." ",,,,J ;:?~St""'9-v;$+ and the following voted against the same: tVo"e whereupon said Resolution was declared duly passed and adopted. .., " . Hennepin County Board of Commissioners District 1, Mike Opat District 2, Sandra M. Hilary District 3, Mark Andrew District 4, Peter McLaughlin District 5, Randy Johnson District 6, Mary Tambornino District 7, Penny Steele A \.~ Printed on Recycled Paper ..~ # ..... . CKNO 19175 19176 19177 19178 19179 19180 19181 19182 19183 19184 19185 19186 19187 19188 19189 19190 19191 19192 19193 19194 19195 19196 19197 19198 19199 19200 19201 19202 19203 19204 19205 19206 19207 19208 19209 19210 19211 19212 19213 19214 19215 . CHECK APPROVAL LISTING FOR SEPTEMBER 9, 1996 COUNCIL MEETING CHECKS ISSUED SINCE AUGUST 28, 1996 TO WHOM ISSUED RJRR:SE BRADLEY NIELSEN SEC 125 REIMB US WEST COMMUNICATIONs/ADVERTISING MR. WILLIAM JENSEN ESCROW REFUND BELLBOY CORPORATION UQUOR BELLBOY BAR SUPPLY MISC GRIGGS, COOPER & COMPANY L1QUOR/WINE/MISC HONEYWELL PROTECTION QTRL Y MONITORING JOHNSON BROS LIQUOR CO L1QUOR/WINE LAKE REGION VENDING MISC MARLINS TRUCKING FRElGI-IT PAUSTIS WINE COMPANY WINE PHILLIPS WINE & SPIRITS L1QUOR/WINE QUALITY WINE & SPIRITS L1QUOR/WINE PEPA SEPTEMBER PERA UFE INS MEDICA SEPTEMBER HEALTH INSURANCE MEDCENTERS SEPTEMBER HEALTH JNSURANCE GROUP HEALTH SEPTEMBER HEALTH INSURANCE LEAGUE OF MN CITIES SEPTEMBER DENTAL INSURANCE MINNESOTA MUTUAL LIFE SEPTEMBER SIT DISABILITY COMMERCIAL LIFE INS CO SEPTEMBER UFE INSURANCE AFSCME COUNCIL 14 SEPTEMBER DELTA DENTAL CITY OF TONKA BAY SEPTEMBER RENT-TB UQ GRIFFIN COMPANIES SEPTEMBER RENT-L1Q I RYAN PROPERTIES SEPTEMBER RENT-UQ II US POSTMASTER NEWSLEITER POSTAGE FIRST STATE BANK FED/FICA TAX PEPA PEPA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA COUNTY SUPPORT/COLL CHILD SUPPORT-G. SCHMID AFSCME COUNCIL 14 UNION DUES MN DEPARTMENT OF REVENUE STATE TAX KATHLEEN HEBERT MILEAGE/NOTARY/SEC 125 JASON HENDRICKSON MILEAGE JAMES HURM MILEAGElEXPENSES AT&T WIRELESS AIRTIME/ADAPTOR BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE WMI SVCS OF MN WASTE REMOVAL BELLBOY CORPORATION UOUOR Page 1 AMOUNT $100.00 379.59 150.00 2,396.60 30.30 5,948.62 79.88 2,832.95 398.87 469.60 210.64 2,361.37 1,444.53 45.00 4,341.04 1,549.99 1,492.28 535.96 85.50 81.20 192.00 1,000.00 5,793.51 2,576.88 533.46 7,427.91 2,225.14 796.30 842.00 139.44 119.10 1,293.00 269.33 44.10 69.70 237.38 100.00 6,383.98 125.91 89.50 1,990:85 . . CKNO 19216 19217 19218 19219 19220 19221 19222 CHECK APPROVAL LISTING FOR SEPTEMBER 9, 1996 COUNCIL MEETING CHECKS ISSUED SINCE AUGUST 28, 1996 TO WHOM ISSUED BELLBOY BAR SUPPLY GRIGGS, COOPER & COMPANY JOHNSON BROS LIQUOR LAKE REGION VENDING MN CROWN DISTRIBUTING PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS PURFa3E MISC/sUPPLlES L1QUORIWINE L1QUORIWINE MISC WINE WINE L1QUORIWINE TOTAL CHECKS ISSUED Page 2 AMOUNT $137.92 3,910.45 5,419.76 381.43 50.52 1,819.69 265.23 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR SEPT. 9~ 1996 COUNCIL MTG DESCRIPTION CHECK~ VENDOR NAME 19223 FIRSTAR BANK OF Mf'.j, N.f1. FEES FEES FEES *** TOTAL FOR FIRSTAR BANK OF MN, 19224 BOULDER WORKS, INC. BOULDER WORK -EDGEItJOOD 19225 BRC ELECTIONS-MIDWEST REG ELECTION SUPPLIES 19226 CBI NA CON, INC 19227 CROSSTOWN-OCS, INC. 19228 .9229 E-Z RECYCLING INC. FINA FLEET FUELING 19230 G.L. CONTRACTING, INC. 1923l G & P CABINETS, INC. 19232 GEH CONSTRUCTION, H"C 19233 GOPHEr=< STATE ONE -Ci-1LL , IN PV It-3 PRJ 95-2 COFFEE AUGUST RECYCLING FUEL PV It-2 PJT 95-l4 & l5 LAMINATE-COUNCIL TABLE PV It-l & 2 SR CTR PROJECT ONE CALL SVC-JULY ONE CALL SVC-JULY *** TOTAL FOR GOPHER STATE ONE-CAL 19234 HDR 19235 HENNEPIN COUNTY TREASURER JULY PRISONER EXPENSE MCES GRANT APPLICATION .9236 INSTy...pRINTS 19237 KAMIDA 19238 KAR PRODUCTS 19239 LANDMARK CONCRETE, INC. NEWSLETTER CURB REPLACEMENT NUTS & BOLTS P\l It-3 PRJ 94-2 19240 LARKIN, HOFFMAN, DALY... JULY LEGAL JULY LEGAL *** TOTAL FOR LARKIN, HOFFMAN, DAL DEPT. GEN GOVT MUN BLDG RECYCLIN CITY GAR MUN BLDG AMOUtH l25.00 235.55 289.95 650.50 3,900.00 254.67 l68,493.74 77.97 4,255.00 433.93 40,760.8l l08.36 l20,222.50 WATER DE 30.62 SEWER DE 30.63 6l.25 POLICE P COUNCIL STREETS CITY GAR 887.70 964.28 l,654.90 3,530.00 l58.42 2,770.94 PROF SER l,484.44 ~------- 1,952HOO 3,436.44 1924l MTI DISTRIBUTING COMPANY IRRIGATION SUPPLIES/TOOL PARKS & IRRIGATION SUPPLIES/TOOL PARKS & *** TOTAL FOR MTI DISTRIBUTING COM 19242 MIDWEST ASPHALT CORP. 19243 MINNESOTA ON-LINE 19244 MINNESOTA ROADWAYS CO 19245 MINNEGASCO ASPH~IL T INTERNET SERVICE FEE SEAL COATHKI UTILITIES Page 3 STF<EETS GEt-.j GOVT sn~EETS I/.)(~TEF<) DE 85.76 199.52 285.28 5,493.05 264.70 .19,7l.1.00 .::' 8 ,~ ::~ 7 CITY OF SHOREWOOD CHECK APPROVAL LIST FOR SEPT. 9, 1996 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------- -------- ----------- *** TOTAL UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES FOR MINNEGASCO 19246 POMMER COMPANY, INC. PLAQUE-STEVE DZURAK 19247 RYAN CONTRACTING, INC. PV 1t2 PJT 95-16 ~9248 TIME SAVER OFF SITE SEC MINUTES MINUTES *** TOTAL FOR TIME SAVER OFF SITE 19249 TOLL GAS & WELDING SHOP SUPPLIES 19250 TONKPI BAY--CITY OF SPRINKLER FEE LIQ LI(:;BILITY INS *** TOTAL FOR TONKA BAY-CITY OF .192:,1 TONKA PRINTING CO. LETTERHEAD 19252 WATERPRO PRV'S 19253 MN SUN PUBLICATIONS LEGAL ADS . *** TOTAL CHECKS FOR APPROVAL *** TOTAL CHECK APPROVAL LIST Page 4 ItJA TER DE tl>JA TER DE CITY GPIR PARKS & ~1UN SLOG 362.20 COUNCIL 141.18 9.88 44.56 53.40 13.26 21.29 9.88 9.88 55.66 227,170.88 PLANNING 31.50 , GEN GOVT 186.00 217.50 CITY GAR 53.74 CITY GAR 300.00 -------- 1,904~OO 2,204.00 GEN GmiT WATER DE GEN GOVT 609,885.18 679,053.59 199,.16 1,226.98 19.62 C H E C K R E G I ,-. T E R 0 CHECK CHECK EMPLOYEE Nr4ME CHECK CHECK T"/PE Dr:~n: NUMBER HUMBER AMOUi'H COt'i <;1 ()3 96 90 BRENT L. 8ALTUFF 210946 321.90 COM S) 03 9t., 101 SCOTT M. 8r4RTLETT 210947 32.51 C:Ot1 9 03 96 110 CONNIE D. i3AS:r'y'F< 210948 289.14 COM (1 03 91~:" 115 LAltJI':(ENCE A. 81....~Oll-it..j 2~L0949 1327.24 cm1 .~) 03 96 325 Ai'J.GELA M. COLE 210950 229.20 COM 9 03 ~~6 375 JODI (4. D(~LLMAf.j 2.10951 70.82 cm1 9 03 r)() 500 CHARLES ("". DA\lIS 21'0952 727.r! 0. COM ~~ ()3 96 7"75 JAMES c. E(4KINS 2.1t;)<.,1.53 715.61 cm1 ':;1 03 96 870 KELLY 0 FLi4NAGi4N 210954 95.24 I . COM ':1 03 96 1105 KERI ANi'jE Gf;~AF 2,10955 25.98 COM 9 03 96 1160 STEPHANIE A. Hi~BER 210956 145.59 cm1 9 03 96 1190 KATHLEEN i~ . HEBERT 210957 554.28 COM 9 0~3 96 1400 PATRICIA R. HELGESEN 210958 .569.19 COM 9 03 96 1415 SHAIAlN D. HEMPEL 210959 157~86 cm1 9 03 96 1445 JASON D. HENDRICKSON 210960 477.63 . COM 9 03 96 1550 .JAMES C. HURM 2.10961 1692.04 COM 9 03 96 1575 GLENN E. ILLIG '2.1.:) 9 t., 2 330.07 COM (~) 03 '?6 1700 JEFFREY A. JENSEN 2.10963 860. 7(} COi"i () 03 96 1800 DENNIS D. JOHNSOi'.j 2.10964 805.83 cm1 S1 03 96 1950 MARTIN L. JONES 2.10965 .1.10.90 COM 9 0'" 96 2100 WILLIAM F. JOSEPHSON 2.10966 632.. .56 ...' cm1 <1 ()3 96 2500 SUSAN M. L(-'1 TTERNEi':( 2~L0967 642.07 MAN '9 03 96 2760 SARA E. LOTTIE 2.10944 204.00 COM q 03 96 2800 JOSEPH I;:) LUGO'"iSK I 2.10968 833,.16 " I . C011 9 03 96 2805 J ASOl'J. LUND 210969 135.55 COM ~~) 03 96 2900 RUSSELL R. MARRON 210(}70 23..28 COM 9 03 96 3000 THERESA L. NAAB 210971 687.21 COM S" 03 96 3100 LA'AlRENCE A. NICCUM 210972 1047.23 cm1 9 03 96 3400 BRADLEY J. NIELSEN 210973 847.67 cm1 <:) 03 96 3500 JOSEPH .- PAZANDr4K 210974 1057.76 1::. COt1 9 03 96 3600 DANIEL J. R(-'1NDALL. 210975 914.75 . cm1 9 03 96 3615 T Af1ARA L.YNN REED 210976 96.53 cm1 9 03 96 3701 BRIAN M. ROERICf<: 210977 139.54 COM 9 03 96 3800 ALAN J. ROLEK 210978 1142.50 COM 9 03 96 3900 CHRISTOPHER E. SCHMID 210979 455.14 COM 9 03 96 4190 DANA G. SHAW 2.10980 51.94 COM 9 03 96 4575 REBECCA A. TARVH.j 210981 266.28 cm1 9 03 96 4577 P(~MELA T. TURNQUIST 210982 611.93 COM 9 03 96 4600 BEVERLY J. VON FELDT 210983 263.32 COM (9 03 96 4750 i':(ALPH A. WEHLE 210984 633.54- MAN 9 ()3 96 4900 DEAN H. YOUNG 210986 8.15 :***;:CTOT ALS:***;I< 20233.10 Page 5 . WATER &: SEWER SYSTEM MAINTENANCE CONTRACT BY AND BETWEEN MUNITECH, INC. &: THE CITY OF SHOREWOOD January 1, 1997 - December 31, 1999 IT IS HEREBY AGREED by and between Muni tech, Inc. a Minnesota Corporation hereinafter referred to as the "Contractor" and, the City of Shorewood, hereinafter referred to as the "City", as follows: 1. The Contractor will furnish the City with the following services: A. To provide services of Minnesota State certified water and wastewater operators and the services of a certified electronics technician. B. To operate and maintain the water system and the sanitary sewer pumping stations of the City 24 hours per day, 7 days per week (holidays on-call). To advise the City of an effective sanitary sewer cleaning schedule. C. To inspect daily the operation of the pumping facilities. To assess quarterly performance of the well and pumping efficiency. To insure that all electronic controls and pumping equipment are operating at a maximum efficiency. D. To review and provide written conunents as requested on proposed additions to the water and sewer system and to inspect and approve all hookups to the systems. E. To provide water meter readings to the City on a quarterly basis to inspect, and maintain water meters, ensuring that all revenues due to the City are charged, and that the meters are functioning at maximum efficiency and to recalibrate repair and replace meters which have been identified by the City to be faulty. F. To assess electrical energy requirements to insure that pumping costs are kept as reasonable as possible. G. To provide tools, equipment, vehicles and fuel to carry out the necessary job functions. H. To collect fluoride and bacteriological samples and tests as required by the Minnesota Health Department and to file all appropriate reports with the State. I. To meet regularly with the City Administrator and Director of Public Works to insure continuity of operation. J. To provide contact with the public to handle and resolve problems while coordinating with the City to establish good public relations. . Water and January 1, Page 2 Sewer 1997 System Maintenance Contract December 31, 1999 K. To inform the Director of Public person immediately upon knowledge of an situation and keep them informed for situation. Works or designated emergency or unusual the duration of that L. To perform operations and maintenance functions at the water treatment facility according to the Operation and Maintenance Manual (0 & M) provided by the City. M. To maintain workers' compensation insurance, liability insurance, automobile insurance on vehicles etc., health insurance, and employment compensation. the City will have no responsibility of social security, vacation pay, retirement or disability insurance. The Contractor shall be deemed in all ways to be an independent contractor. N. To supply labor for minor repairs on all equipment such as chemical pumps, control systems, sewage pumps and motors. Major repair work including removing well pumps, motors, main electrical service, and maj or piping changes are to be the responsibility of the City. O. To supply no materials. All materials will be paid for by the City. All equipment rental for major repairs or for expanding the systems, such as excavation equipment shall be paid for by the City. P. To respond to all sanitary sewer backup situations upon being notified by Public Works Director or "On-Call Person", to work with Public Works in determining the cause, communicating to property owners, and correcting the situation caused when located within City lines or advising the pr0perty owner when the backup is on private property. 2. The Contractor shall have the authority to purchase materials and to hire equipment and equipment operators on behalf of the City in an emergency with the permission of the City. 3. The term of the contract shall be from January 1, 1997 through December 31, 1999. 4. The City will pay the Contractor the sum of $6,900.00 per month for the entire duration of the contract. 5. The City shall have the right to terminate this agreement upon giving a 90 day written notice to the Contractor. CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREP ARA TION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-15, SMITHTOWN ROAD (SOUTH LINK) WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Smithtown Road (South Link) Water System Improvements and the price for such improvement is estimated to One Hundred Fifty Four Thousand Eight Hundred Two Dollars ($154,802.00), and the expenses incurred or to be incurred in the making of such improvement amount of Fifty Four Thousand One Hundred Eighty Dollars ($54,180.00) so that the total cost of the improvement will be Two Hundred Eight Thousand Nine Hundred Eighty Two Dollars ($208,982.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be One Hundred Seventy Three Thousand, Nine Hundred Eighty Two Dollars ($173,982.00) and the portion of the cost to be assessed against benefited property owners is estimated to be Thirty Five Thousand Dollars ($35,000.00). 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall me a copy of such proposed assessment in his office for public inspection. 4.) A public hearing shall be held on such proposed assessments on the 28th day of October, 1996 in the Council Chambers of the City Hall at 8:00 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 1P3B CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREP ARA TION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-14, EUREKA ROAD WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Eureka Road Water System Improvements and the price for such improvement is estimated to Two Hundred Forty Four Thousand Six Hundred Ninety Two Dollars ($244,692.00), and the expenses incurred or to be incurred in the making of such improvement amount of Eighty Five Thousand Six Hundred Forty Three Dollars ($85,643.00) so that the total cost of the improvement will be Three Hundred Thirty Thousand Three Hundred Thirty Five Dollars ($330,335.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be One Hundred Twenty Six Thousand, Eight Hundred Thirty Five Dollars ($126,835.00) and the portion of the cost to be assessed against benefited property owners is estimated to be Two Hundred Three Thousand, Five Hundred Dollars ($203,500). 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall fIle a copy of such proposed assessment in his office for public inspection. 4.) A public hearing shall be held on such proposed assessments on the 29th day of October, 1996 in the Council Chambers of the City Hall at 7:30 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk ~3C- CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREP ARA TION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-16, SMITHTOWN ROAD (EUREKA TO COUNTRY CLUB) WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Smithtown Road (South Link) Water System Improvements and the price for such improvement is estimated to Three Hundred Ninety One Thousand Nine Hundred Ninety One Dollars ($391,991.00), and the expenses incurred or to be incurred in the making of such improvement amount of One Hundred Thirty Seven Thousand One Hundred Ninety Six Dollars ($137,196.00) so that the total cost of the improvement will be Five Hundred Twenty Nine Thousand One Hundred Eighty Seven Dollars ($529,187.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be Two Hundred Ninety One Thousand, Six Hundred Eighty Seven Dollars ($291,687.00) and the portion of the cost to be assessed against benefited property owners is estimated to be Two Hundred Thirty Seven Thousand, Five Hundred Dollars ($237,500.00). 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall me a copy of such proposed assessment in his office for public inspection. 4.) A public hearing shall be held on such proposed assessments on the 30th day of October, 1996 in the Council Chambers of the City Hall at 7:30 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk *,3D . WATER &: SEWER SYSTEM MAINTENANCE CONTRACT BY AND BETWEEN MUNITECH, INC. &: THE CITY OF SHOREWOOD January 1, 1997 - December 31, 1999 IT IS HEREBY AGREED by and between Muni tech, Inc. a Minnesota Corporation hereinafter referred to as the "Contractor" and, the City of Shorewood, hereinafter referred to as the "City", as follows: 1. The Contractor will furnish the City with the following services: A. To provide services of Minnesota State certified water and wastewater operators and the services of a certified electronics technician. B. To operate and maintain the water system and the sanitary sewer pumping stations of the City 24 hours per day, 7 days per week (holidays on-call). To advise the City of an effective sanitary sewer cleaning schedule. C. To inspect daily the operation of the pumping facilities. To assess quarterly performance of the well and pumping efficiency. To insure that all electronic controls and pumping equipment are operating at a maximum efficiency. D. To review and provide written conunents as requested on proposed additions to the water and sewer system and to inspect and approve all hookups to the systems. E. To provide water meter readings to the City on a quarterly basis to inspect, and maintain water meters, ensuring that all revenues due to the City are charged, and that the meters are functioning at maximum efficiency and to recalibrate repair and replace meters which have been identified by the City to be faulty. F. To assess electrical energy requirements to insure that pumping costs are kept as reasonable as possible. G. To provide tools, equipment, vehicles and fuel to carry out the necessary job functions. H. To collect fluoride and bacteriological samples and tests as required by the Minnesota Health Department and to file all appropriate reports with the State. I. To meet regularly with the City Administrator and Director of Public Works to insure continuity of operation. J. To provide contact with the public to handle and resolve problems while coordinating with the City to establish good public relations. . Water and January 1, Page 2 Sewer 1997 System Maintenance Contract December 31, 1999 K. To inform the Director of Public person immediately upon knowledge of an situation and keep them informed for situation. Works or designated emergency or unusual the duration of that L. To perform operations and maintenance functions at the water treatment facility according to the Operation and Maintenance Manual (0 & M) provided by the City. M. To maintain workers' compensation insurance, liability insurance, automobile insurance on vehicles etc., health insurance, and employment compensation. the City will have no responsibility of social security, vacation pay, retirement or disability insurance. The Contractor shall be deemed in all ways to be an independent contractor. N. To supply labor for minor repairs on all equipment such as chemical pumps, control systems, sewage pumps and motors. Major repair work including removing well pumps, motors, main electrical service, and maj or piping changes are to be the responsibility of the City. O. To supply no materials. All materials will be paid for by the City. All equipment rental for major repairs or for expanding the systems, such as excavation equipment shall be paid for by the City. P. To respond to all sanitary sewer backup situations upon being notified by Public Works Director or "On-Call Person", to work with Public Works in determining the cause, communicating to property owners, and correcting the situation caused when located within City lines or advising the pr0perty owner when the backup is on private property. 2. The Contractor shall have the authority to purchase materials and to hire equipment and equipment operators on behalf of the City in an emergency with the permission of the City. 3. The term of the contract shall be from January 1, 1997 through December 31, 1999. 4. The City will pay the Contractor the sum of $6,900.00 per month for the entire duration of the contract. 5. The City shall have the right to terminate this agreement upon giving a 90 day written notice to the Contractor. CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREP ARA TION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-15, SMITHTOWN ROAD (SOUTH LINK) WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Smithtown Road (South Link) Water System Improvements and the price for such improvement is estimated to One Hundred Fifty Four Thousand Eight Hundred Two Dollars ($154,802.00), and the expenses incurred or to be incurred in the making of such improvement amount of Fifty Four Thousand One Hundred Eighty Dollars ($54,180.00) so that the total cost of the improvement will be Two Hundred Eight Thousand Nine Hundred Eighty Two Dollars ($208,982.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be One Hundred Seventy Three Thousand, Nine Hundred Eighty Two Dollars ($173,982.00) and the portion of the cost to be assessed against benefited property owners is estimated to be Thirty Five Thousand Dollars ($35,000.00). 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall me a copy of such proposed assessment in his office for public inspection. 4.) A public hearing shall be held on such proposed assessments on the 28th day of October, 1996 in the Council Chambers of the City Hall at 8:00 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 1P3B CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREP ARA TION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-14, EUREKA ROAD WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Eureka Road Water System Improvements and the price for such improvement is estimated to Two Hundred Forty Four Thousand Six Hundred Ninety Two Dollars ($244,692.00), and the expenses incurred or to be incurred in the making of such improvement amount of Eighty Five Thousand Six Hundred Forty Three Dollars ($85,643.00) so that the total cost of the improvement will be Three Hundred Thirty Thousand Three Hundred Thirty Five Dollars ($330,335.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be One Hundred Twenty Six Thousand, Eight Hundred Thirty Five Dollars ($126,835.00) and the portion of the cost to be assessed against benefited property owners is estimated to be Two Hundred Three Thousand, Five Hundred Dollars ($203,500). 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall fIle a copy of such proposed assessment in his office for public inspection. 4.) A public hearing shall be held on such proposed assessments on the 29th day of October, 1996 in the Council Chambers of the City Hall at 7:30 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk ~3C- CITY OF SHOREWOOD RESOLUTION NO. 96 - RESOLUTION DECLARING COST TO BE ASSESSED, ORDERING PREP ARA TION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR CITY PROJECT NO. 95-16, SMITHTOWN ROAD (EUREKA TO COUNTRY CLUB) WATER SYSTEM IMPROVEMENTS WHEREAS, costs have been determined for the improvement of the Smithtown Road (South Link) Water System Improvements and the price for such improvement is estimated to Three Hundred Ninety One Thousand Nine Hundred Ninety One Dollars ($391,991.00), and the expenses incurred or to be incurred in the making of such improvement amount of One Hundred Thirty Seven Thousand One Hundred Ninety Six Dollars ($137,196.00) so that the total cost of the improvement will be Five Hundred Twenty Nine Thousand One Hundred Eighty Seven Dollars ($529,187.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, as follows: 1.) The portion of the cost of such improvement to be paid by the City is hereby estimated to be Two Hundred Ninety One Thousand, Six Hundred Eighty Seven Dollars ($291,687.00) and the portion of the cost to be assessed against benefited property owners is estimated to be Two Hundred Thirty Seven Thousand, Five Hundred Dollars ($237,500.00). 2.) Assessments shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of not more than eight percent (8%) per annum from the date of the adoption of the assessment resolution. 3.) The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall me a copy of such proposed assessment in his office for public inspection. 4.) A public hearing shall be held on such proposed assessments on the 30th day of October, 1996 in the Council Chambers of the City Hall at 7:30 p.m., and the Clerk shall give mailed and published notice of such hearing and assessments as required by law. 5. ) The City Clerk shall upon the completion of such proposed assessment notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 9th day of September, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk *,3D