Loading...
012808 CC Reg AgPCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 28, 2008 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Ca11 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee Woodruff Turgeon Vacant (W3) Wellens 2. 3 B. Review Agenda APPROVAL OF MINUTES A. City Council Work Session Minutes, January 14, 2008 (Att. -Minutes) B. City Council Regular Meeting Minutes, January 14, 2008 (Att.- Minutes) CONSENT AGENDA -Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed, from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. City Clerks License List (Att. -Deputy Clerk's memorandum) D. Establishing May 17, 2008, as Spring Clean-up Day (Att. -Director of Public Works' memorandum) E. Minor Subdivision and Bluff Impact Setback Variance -Amendment to Resolution No. 04-031. (Att. -Planning Director's memorandum, Draft Resolution) Applicant: Thomas Thiss Location: 611.0 Ridge Road F. Approval of Change Order No. 1 for Lift Station No. 12, City Project 06-01 (Att. - Engineer's memorandum) G. Authorize Expenditure of Funds for GPS and AutoCAD (Att. -Engineer's memorandum) CITY COUNCIL REGULAR MEETING AGENDA -January 28, 2008 PAGE 2 OF 2 H. Authorize Expenditure of Funds for Planning Department Computer Purchase (Att. - Planning Director's memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS 8. PLANNING -Report by Representative A. Park Dedication Fee (Att. -Planning Director's memorandum, Draft Ordinance) 9. GENERAL/NEW BUSINESS A. Making the Minnetonka Community Education Board Representative Appointment (Att. -City Administrator's memorandum, Draft Resolution) B. Making the Lake Minnetonka Communications Commission (LMCC) Board Representative Appointment (Att.- Draft Resolution) C. Cablecasting City Council Work Sessions (Att. -City Administrator's memorandum) D. Councilmember Resignation /Appointment Process (Att. -City Administrator's memorandum) E. Replacement Appointments to Certain Offices and Positions within the City (Att.- City Administrator's memorandum, Draft Resolution) F. Amendment to City Code Regarding Sump Pump Connections (Att. -City Administrator's memorandum, Draft Ordinance) 10. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Funds for Civil Defense Sirens (Att. -Director of Public Works' memorandum) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council (Att. -Councilmember Wellens' memorandum) 12. EXECUTIVE SESSION -CITY ADMINISTRATOR'S PERFORMANCE REVIEW 13. ADJOURN -,~ ~' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 28 January 2008 A Work Session is scheduled for 6:00 P.M. this evening Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staffing - no action required. Agenda Item #3C: One additional Tree Trimmer has applied for a license to work in the City. As all license requirements have been met, a license has been issued to this Tree Trimmer. Agenda Item #3D: Staff has reviewed the calendar to establish a date for Spring Clean-up Day. It has been determined that May 17, 2008, is a date that falls outside of Mother's Day and Fishing Opener (both the weekend of May 10-11). Should Council establish May 17, 2008, as Spring Clean-up Day, staff will request proposals for refuse, appliance, electronics, and tire disposal. As No curbside pick-up will be conducted as part of the Spring Clean-up program. All items will need to be brought to Public Works. Agenda Item #3E: Thomas Thiss has requested a revision to the resolution that approved a minor subdivision of his property in 2004. The revision clarifies the bluff line and bluff setback for the lot on the Silver Lake side of the site. It is based upon a detailed topographic survey commissioned by the owner. Staff recommends approval of the revision. A draft resolution is attached for your consideration. Agenda Item #3F: On July 23, 2007, the City Council awarded the contract for the Rehabilitation of Lift Station #12 Project to Engineering and Construction Innovations, Inc. Staff postponed the project till 2008 and Engineering and Construction Innovations, Inc. has provided a cost increase of $2,337.00 for the delay. Staff recommends approval of the resolution that approves Change Order No. 1 for the Rehabilitation of Lift Station #12 Project, in the amount of $2,337.00. Agenda Item #3G: Staff recommends approval of the expenditure of funds from the City Engineer Operating Budget for a GPS and AutoCAD software. The two total to approximately $12,000 which is within the amount budgeted. Agenda Item #3H: The Planning Assistants' computer is scheduled for replacement this year. The proposed specifications are the same as those approved for the Engineering S®~e PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of 28 January 2008 Page 2 of 3 Technician at the last meeting, and are within the amount budgeted (actually approximately $150 less than budgeted) for this purchase. Agenda Item #8A: The Park Commission has recommended an update to the fees charged for park dedication from $2000 to $5000. Since this fee is a land use type of ordinance, the Planning Commission held a public hearing to consider the increase at its January 15, 2008, meeting. Upon hearing no public comment, the Planning Commission voted unanimously to support the Park Commission's recommendation. A draft ordinance is included in your packet for your consideration. Agenda Item #9A - #9B: Appointments of Representatives to the Minnetonka Community Education (MCE) Board, the Lake Minnetonka Communications Commission (LMCC), and the Lake Minnetonka Conservation District (LMCD) are typically done in January. The City has advertised these volunteer board opportunities to residents. Candidates for the LMCD position will likely be interviewed prior to the February 11 Regular Council meeting, with appointment to that office being made at the Regular Council meeting on February 11. Draft resolutions making the MCE and LMCC appointments are provided for Council action. Agenda Item #9C: The topic of cabiecasting City Council work sessions came up at the January 14 Council meeting. Under Robert's Rules of Order, this topic may be introduced as an entirely new item; no motion to reconsider or to rescind is necessary. Agenda Item #9D: Ward 3 Councilmember Paula Callies has submitted her resignation from the City Council, effective January 18, 2008. Approval of a resolution accepting Councilmember Callies' resignation and declaring that a City Council vacancy exists is in order. In addition, Council should determine the method(s) for filling the vacancy, and establish the interview/ appointment time schedule. Agenda Item #9E: With the resignation of Councilmember Paula Callies, there are certain offices and positions that need to be filled by Council. These include: Park Commission Liaison from January -June 2008 Metro Cities (AMM) representative Excelsior Fire District Board Member Council should determine, by adoption of an amending resolution, who will serve in these positions at least until a new Councilmember is appointed. Agenda Item #9F: A recent federal court decision regarding the City of Little Canada and its Code provisions for administrative searches for connections of sump pumps to the sanitary sewer system were unconstitutional. The City Administrator and City Attorney have reviewed Shorewood's provisions on the matter, and are recommending amendments that will keep them legal. Staff recommends that Council adopt the proposed ordinance amending Section 904.09, Subd. 2, of the City Code. Executive Summary -City Council Meeting of 28 January 2008 Page 3 of 3 Agenda Item #10A: A need identified in the Capital Improvement Program (CIP) is the replacement of the two civil defense sirens within the City of Shorewood. The sirens are located at 5590 Covington Road and 26350 Smithtown Road on the Minnewashta Elementary School Property. Staff recommends approval of the expenditure of funds from the Public Facilities Fund for replacement of the Civil Defense Sirens, as outlined above. Furthermore, that proposal be accepted from Ready Watt Electric for an amount of $40,304. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, JANUARY 14, 2008 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 6:00 P.M. Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Administrator Dawson; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None Also present: Brian Lubben and Becky Sandbulte with Collaborative Design Group, Inc. A. Review Agenda Wellens moved, Woodruff seconded, Approving the Agenda as presented. Motion passed 5/0. 2. CITY HALL BUILDING Administrator Dawson stated the. City had retained the architectural services of Collaborative Design Group, hie., for the City Hall renovation project. He explained that as of this date Staff had participated in a couple of meetings~ti~~ith the firm regarding the project. Staff thought it was appropriate to review the design concepts that had been prepared to ensure the project team was moving forward in a direction consistent with the Council`s desires. The purpose of the design concept was to determine how various spaces would fit within the footprint be-fore addressing the specifics of the design. He stated the project had an ambitious timeline for completion - Octobcr2008. Dawson then stated that C3rian Lubben and Becky Sandbulte, with Collaborative Design Group, would review the three design concepts that had been developed. Mr. Lubben stated the building program was intended to address the City's current needs as well as those for the next ~ - (0 years. Mr. Lubben and Ms. Sandbulte then reviewed the design concept options at a high level. All three options included some level of reconfiguration of interior space to make more efficient use of the space. Also a new server room and a janitor's closet (located near the restrooms) would be included in all three options, and the restrooms and hallways would be made ADA compliant in all options. The major differences between the three options were then reviewed. - Option 1 -the exterior footprint of the City Hall would remain as is; meetings currently conducted in the Council Chamber would be conducted offsite under this option. - Option 2 -the footprint would be expanded to include a new Council Chamber on the north side of the building, the vestibule would be expanded and redesigned, the lobby would be redesigned, and the reception area would be relocated. - Option 3 -the footprint would be expanded to include a new Council Chamber on the north side of the building, the restrooms would be relocated to a small addition on the south side of the building, the vestibule would be expanded and redesigned, the lobby #2A CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 14, 2008 Page 2 of 4 would be redesigned and would be slightly larger than in Option 2, and the reception area would be relocated. The break room would also be slightly larger. The following additional comments or clarifications were made by Ms. Sandbulte and Mr. Lubben. - To add a Council Chamber to Option 1 at a later date would require some additional construction internally. - Option 1 could be modified to include an expansion of the vestibule and increase the reception area. - An access to a small outdoor deck area could be added to the break room. - Several changes to existing walls were to accommodate a 5-foot corridor required by code. - In Option 1, the common wall between the two conference rooms could be made moveable; but, it would be somewhat more difficult because the rooms were different sizes. It would also be fairly expensive to make the moveable wall relatively soundproof. - In Options 2 and 3, there would be a window in the Server/Media room to view the Chambers area. - In Option 3, in order to make the roof line work with the expansion for the restrooms some of the roof would have to be removed. A crawl space would be added under the addition to house the plumbing for that area. - The new windows in thenew Council Chambers would allow for some light in the area and would add some architectural character. - The additional skylights in the building would add some natural lighting; they were strategically placed to ensure the natural li~~ht ~~~uuld not be problematic. They would also add a little bit of character to the building. The skylights should not pose any type of maintenance problems. - Energy efC~ciency needs would be addressed in the next phase. Any new structure built would be more energy efkicient than the existing structure. New windows would be more energy.. efficient. Some portion of the sheathing may be replaced and the building reinsulated. The newer NVAC units would be reused, and the older units would be replaced to help with energy ef~cicncy. - ~ 7'he viability of the building's structure would be evaluated - a window could be taken out on the north and south sides of the building to assess the state of the structure. Because the. esteriorwas direct-applied cedar there was probably not much behind it. It would not be possible to know the actual state of the structure until all of the structure was exposed. - Because a largeportion of the inside of the building would be redone and the exterior of the struehire redone, it may be prudent to determine the incremental cost to rebuild the structure. The cost to rebuild would cost more, but all the problems could be corrected. If the problems with the existing structure were to be corrected, they could only be corrected tiwithin the confines that were allowed and not all of them in their entirety. - Rain gardens could be incorporated into the design. - If the basement was to be renovated such that it would be used for more than storage, ADA requirements would necessitate an elevator be installed for a cost of $75,000 - $100,000. The elevator would also consume some of the space on the main floor. - In Option 1, if the existing Council Chamber were kept, it could be made into a multi- function area but there would be a reduction in the amount of usable space in that area. - The size of proposed new Council Chamber requires there be two entrances/exits into the area. - The proposed Council Chamber was not much different in size than the existing area; it would just be shaped more squarely because of the constraints imposed by the sidewalk. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January l4, 2008 Page 3 of 4 - Additional excavation around the foundation and waterproofing would have to be done to reduce/eliminate the water infiltration issues. - If the building was replaced, the building would be constructed in a way that would allow the soil to shift without a negative impact on the building. There were some costly things that could be done to minimize the shifting problem of the existing building. The following additional comments or clarifications were also made. - A survey for the City Hall property had not been located. A site plan which had been located indicated there was a minimum of a 12-foot setback. Therefore, an addition for the restrooms would not be a problem. - The structure of the building could be assessed by the architect in the near future. Whether some of the cedar panels would be removed or a bore scope would be used to drill into the area was yet to be determined. - There had been water infiltration that had occurred numerous times. There was still water entering the sump pump even with frost in the ground. - Improving the HVAC would be critical to improving the environmental conditions in the basement. - The foundation shifted between the winter and summer months which resulted in issues regarding the opening and closing of someof the doors. - There would not be an issue with glass cracking in the vestibule area. Mr. Lubben stated that the very high level estimated costs for all three options should be able to be accomplished for no more than $850,000, in part because construction costs were going down. He then stated the first major decision that Council must mal:c was whether or i~ot the Council Chamber should remain on site. Councihnember Wellens stated given the m~certainty of the Southshore Center, he could support Option 2. Councihnember Turgcon stated she could support either Option 2 or 3. Councihnember Callies stated from her vantage point it was important that the Council Chamber remain onsite.. She questioned if ttie number of toilet and lavatory fixtures were sufficient. Mr. Lubben stated two toilets and two lavatory fiixtures ~o~ere sufficient for a building of the size proposed; it was possible to make one 1•estroom unisex. Mayor Lizee stated she would prefer Option 3. She suggested there be access to the restrooms and break room from the areastaff offices area without having to go through the lobby. There was agreement that a creative solution could be found. She stated she liked the direction the reception area faced in Option 3. Councihnember Woodruff stated he did not think it would be prudent to move office walls just to resize offices. He could support any option provided it could be done within the budget limitations. Dawson stated he understood there to be consensus to continue to refine Option 3 and assess whether it could be accomplished within the $850,000 construction cost estimate. Council was pleased with the proposed layouts of Options 2 and 3 CITY OF SHOREWOOD WORK SESSION MEETING MINUTES January 14, 2008 Page 4 of 4 3. OTHER There was no other business for discussion. 4. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Work Session Meeting of January 14, 2008, at 6:54 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 14, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Attorney Keane; Administrator Dawson; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engiiiecr L,andini Absent: None B. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, December 10, 2007 Turgeon moved, Callies seconded, Approving the City Council Regular Meeting Minutes of December 10, 2007, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Callies seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adoptiu~; RESOLUTION NO. 08-001, "A Resolution Setting the 2008 Regular Council Meeting Schedule for the City of Shorewood." C. Staffing - No action required D. City Clerk's License List E. Adopting RESOLUTION NO. 08-002, "A Resolution Authorizing the Mayor and City Administrator to Extend the Electronic Parcel Database Conditional Use License Agreement with Hennepin County for the Year 2008." #ZB SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 2 of 7 F. Travel Policy for Elected Officials G. Adopting RESOLUTUION NO. 08-003, "A Resolution Approving an Amendment to the Boulder Bridge Farm Development Contract." H. Set Public Information Meeting Date for the Storm Water Pollution Prevention Program (SWPPP) Public Meeting I. Authorize Expenditure of Funds for Purchase of a Replaccinent Computer and GIS Software Motion passed 5/0. 4. MATTERS FROM THE FLOOR Tom Thiss 23740 Lawtonka Drive, stated it was his understanding that Council was going to consider a resurvey of his property at this meeting. Director Nielsen explained that he had not asked that be put on the agenda for the evening; it would be placed on the next meeting agenda and Mr. Thiss ~-vould receive a copy of the Staff report and agenda in advance of the meeting. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Activities Director I3rown reported on .matters considered and actions taken at a December I1, 2007, Park Commission meeting (as detailed in the minutes of that meeting). In response to a question from Councilmember Woodruff, Director Brown explained that at this time Staff did not require any action by Council in order to deny organizations the use of the City's park facilities if they did not follow the City's rules. 8. PLANNING - Report by Representative Commissioner Gniffke stated there had not been a Planning Commission meeting since the last City Council regular meeting. 9. GENERAL/NEW BUSINESS A. Woodruff moved, Callies seconded, Adopting RESOLUTION NO. 08-004, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2008, subject to the following amendments: Acting SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 3 of 7 Mayor would continue to be Laura Turgeon; Park Commission Liaison for January -June 2008 would be Paula Callies; Park Commission Liaison for July - December 2008 would be Martin Wellens; Planning Commission Liaison for January -June 2008 would be Richard Woodruff; Planning Commission Liaison for July -December 2008 would be Laura Turgeon; Minnehaha Creek Watershed District Liaison would be Laura Turgeon; Riley-Purgatory-Bluff Creek Watershed District Liaison would be Laura Turgeon; Lake Minnetonka Communications Commission would continue to be Richard Woodruff; Metro Cities (Association of Metro Municipalities) would continue to be Paula Callies, with Craig Dawson as alternate; Excelsior Fire District Board Member would be Paula Callies and Alternate Excelsior Fire District Board Member would be Martin Wellens." Motion passed 5/0. Mayor Lizee related that for continuity purposes the EFD Board's preference was to have a minimum two-year commitment for EFD Boardmembers. She thought it appropriate for Councihnember Callies, the 2007 alternate EFD Board Member and whose teem ran through 2010, to assume the position of regular Board Member. B. Amendment to the Excelsior Fire District (EFD) Joint Powers Agreement Administrator Dawson stated the Excelsior Fire District (EFD) Board had recommended four sections of the EFD Joint Powers Agreement (JPA) be amended. The amendments ~~~ould improve the financial management of the EFD and update references included in the JPA. I Ic then reviewed the proposed amendments. - In Section 5.2 and Section 6.1 all references to the "Uniform Fire Code" would be updated to the "Minnesota State Firc Code". - In Section 6.(, the requirement for Member Cities to adopt "Appendix E" (requiring building spril~klcr systems) would be replaced with Minnesota State Building Code, Chapter 1306. - In Section 7.2, the dates the member cities must make their payments to the Excelsior Fire District would be changed to January 15th, April 15th, July 15th, and October 15th from Februar}~ l st, iVlay l st, August 1st, and November 1st to assure the funds would be available for timely payment of the building and equipment leases. - In Section 8.1,the dated for approval of the CIP by at least four-fifths of the member cities' councils would be moved to July 15th from April 15th to allow the CIP to be reviewed more timely with the EFD's operating budget. Dawson then stated the Excelsior, Greenwood, and Tonka Bay councils had approved the amendments; the Deephaven had not taken final action of the matter yet. The following clarifications were made with regard to the proposed amendments. - The State took the International Uniform Fire Code and modified it to be more specific to the State of Minnesota; the State then adopted the code to be the Minnesota Fire Code which all municipalities were required to adhere to. - The City's Code adopts the Minnesota Fire Code by reference and by ordinance (the City adopted an ordinance whenever the Minnesota Fire Code or Minnesota Building Code SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 4 of 7 was updated). The ordinance adopting the recent new Fire Code had not been presented to Council for consideration as of yet. - The City did not change any of the Minnesota Fire Codes or Building Codes; but, there were optional sections in the Minnesota Fire Code that the City may choose not to adopt (e.g. certain restrictions for sprinkler systems in commercial buildings). - If the City had more restrictive codes, they would remain in effect. - Prior to 1996, the City had adopted the optional building sprinkler code (long before the other member cities had adopted it). - The Planning Commission had not considered updates to the 1~'linnesota Fire Code in the past; but, if Council wanted the Commission to be infon»ed of the changes Staff would do so. Woodruff moved, Callies seconded, Approving RESOLVI'ION NO. lIR-005, "A Resolution Approving the Second Amendment to the Excelsior Fire District Joint Powers Agreement." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS In response to a question from Councilmember Woodruff, Director Brown explained that WSB and Associates had conducted an inspection of the Shady Island Bridge. Brown commented the bridge had been and would continue to be inspected annually. Brown explained WSB's inspection report indicated there was non-critical hardware (e.g. a number of plates and bolts) that wa~~ missing from the Bridge. Staff had since conducted a more thorough inspection oPthe Bridge to inventory the specific hardware that was missing. The missing hardware had been ordci-ed and it was anticipated that all of the hardware would arrive~within the next 2 3 weeks and would be installed accordingly. 11. STAFF AND COUI~~CIL REPORTS A. Administrator & Staff Administrator Dawson. stated a meeting of the Southshore Center working group was scheduled for January 15; 2008; there was an EhI~ Board meeting scheduled for January 23, 2008; and there was an SLMPDCoordinating Committee meeting rind SLMPD Strategic Planning meeting scheduled for January 30, 2008. Administrator Da«~son then stated the City had been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for t11e fiscal year ended December 31, 2006. He doted this was the fifteenth consecutive year that the City had received the Certificate. He explained that 283 cities with populations under 10,000 (out of more than 32,000 municipalities in that category nation wide) received the award for 2006. Mayor Lizee extended her congratulations to the Staff for the award. B. Mayor & City Council Mayor Lizee stated the City received a Cynthia Krieg public education grant from the Minnehaha Creek Watershed District to pay for two environmental education programs in 2008. The program would be for individual homeowners and lawn care service providers -one program would focus on organic or low SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 5 of 7 impact lawn and garden. care; the other would focus on improving the quality of stortnwater run-off from a residential property through the use of rain gardens, rain barrels and landscaping. Mayor Lizee stated she had held a coffee with the mayor session on Jamiary 12, 2008, and a number of residents had attended. She commented that Councilmember Woodruff held one at the same time. Lizee stated one of the questions raised was regarding how the City planned to use the funds in the Liquor Fund. She then reviewed some of the ideas she had heard from the residents for the use of the funds: grants for neighborhood groups to improve environmental aspects of their neighborhood; a wetland restoration project at Freeman Park; buckthorn removal along the LRT trail; native grass plantings; and projects using green or sustainable products. She stated she heard residents state the Liquor Fund had been accumulated over more than 40 years and the residents would like the funds to be invested back into the community. She suggested a Saturday workshop be held in April 2008 (after the final amount of the Liquor Fund was determined) to take input on how the residents thought the funds should be used. Director Brown provided an update on the Arctic Fever event scheduled for January 19, 2008. He recognized Twila Grout and Julie Moore for their efforts relating to this event. Councilmember Woodruff reported on a joint meeting of the Lake Minnetonka Association (LMA) and the Lake Minnetonka Conservation District (LMCD) he had attended recently. The topic of the discussion was a plan the LMA and LMCD had drafted to kill off Eurasian water milfoil in Lake Minnetonka, beginning with a herbicide treatment early this spring. "the plan was based on a 2006 test treatment in Carman Bay, Gray's Bay and Phelps 13ay. As it related to the City, the 2008 liquid herbicide applications estimated cost could be as much as `h 130,000 for Phelps F3ay; the treatment program was a five-year program. The Department of Natural Resources (DNR) had $20,000 it could committ for the applications on Phelps Bay. The LMA would likely apply for a small grant from the DNR for the applications. The LMCD's Board had agreed to contribute $5,000 for the the applications to each of the three bays and the funds would come. from the LMCD's Save-the-Lake fiord. The lakefront-property owners would be asked to pay the rest -- voluntarily. Thcrc were approximately 130 properties on Phelps Bay. To be effective, the herbicides must be applied when the water is still cold, in late April or early May. Woodruff stated he bad attended an LMCC Board meeting in mid-December 2007. At that meeting there was a presentation by an individual who was very involved in helping entities (e.g. cities, counties, etc.) develop infrastructures for "fiber-to-the-home" to allow true broadband capabilities to the properties. He asked if Council would like for' him to request the LMCC provide the City with additional information on this topic with .the understanding the City would not be obligated to move forward with the concept. There was Council consensus to have a presentation on the matter. Woodruff went on to state in June 2007 Council had discussed the topic the possibility of cablecasting Council work session meetings. At that time the majority of the Council voted not to pursue that. He stated there had been instances during work sessions over the last six months when a topic had been. discussed in a work session in great depth and action was taken at a regular Council meeting; the public was not aware of the work sessions discussions if they had not attended the work session meeting. He recommended it would be beneficial to the residents for them to have electronic access to the meetings. Mayor Lizee stated she agreed the City should provide quality communications to its residents about what was occurring in the City; but noted a vote had been taken to not cablecast the work session meetings. She noted that the cost to cablecast would have to be considered as that was not budgeted for in 2008; if Council wanted to again consider this item it should be discussed during 2009 budget SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 6 of 7 discussions. She stated in order to reconsider the item it would, as a point of order, have to be brought up through the prevailing side of that vote. Councilmember Callies stated she did not think it had to be brought up through the prevailing side. She thought as a point oforder atwo-thirds majority of the Council would have to rescind its prior motion. Attorney Keane explained that a motion to reconsider a motion which had been voted upon could be brought up during the meeting when the vote was taken or during the first meeting of the convening body following the meeting during which a vote was taken. A motion to rescind, another procedural action, would require atwo-thirds majority in accordance with Robert's Rules of Order (which the City adopted as its governing guide). The rescind approach was to ensure that matters which had been decided upon would not continue to be brought back without a super majority of the governing body agreeing to do so. Council had the prerogative to suspend Roberts Rules of Order at any tine, and a motion could be entertained on that basis. Councilmember Callies stated the cost was one of the reasons for deciding not to cablecast the work sessions. She questioned how many residents would view the work session meetings. Councilmember Woodruff requested Staff present Council with the costs for cablecasting work sessions at its next meeting for further discussion. He commented he thought the costs were minimal He stated he agreed with a statement that budgets are to offer guidance but not there to restrict flexibility. Councilmember Wellens stated during exchanges with Councilmember Woodruff, Councilmember Woodruff had tried to convince him to support the cablecasting of wo~~k sessions. After he read an article on the LMCC in the Sun Sailor which related that the LMCC had stated it had great success with the video-streaming of meetings, and the demand was so great that the LMCC had to increase its bandwidth. Based on the article, he could appreciate Woodruff's request. Councilmember Callies requested the procedures that must be followed also be discussed at the next meeting. Director Nielsen statedthat Planning Commissioner Gagne had surgery last week, and he was at home recovering. Councilmember Wellens stated he had sent Council an article about the ACLU trying to persuade the City to change its sump-pump ordinance. He asked that topic be discussed at a future meeting. Turgeon moved, Wellens seconded, recessing the meeting to an Executive Session at 7:56 P.M. Motion passed 5/0. 12. EXECUTIVE SESSION -CITY ADMINISTRATOR PERFORMANCE REVIEW The purpose of the executive session was to discuss the City Administrator's performance review. All Councilmembers were present. The City Council reconvened in regular session at 9:01 P.M. SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 7 of 7 13. ADJOURN A motion was made and seconded, adjourning the City Council Regular Meeting of January 14, 2008, at 9:01 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizcc, Mayor Craig W. Dawson, City Administrator/Clerk z PAYABLES APPROVALS For 01/28/2008 Council Meeting Approved by: Craig Y.r t.- E --- -- ~wson, City Administrator Date: , , ~; 8 e .~ PAYROLL APPROVALS For 01/28/2008 Council Meeting Prepared by: ,a -, ~ ~~ ~ ~' Date ~ Michelle T. Nguy~en~Sr. Accounting Clerk ~ a Reviewed by: ~'~ F .d ..~ Date: fit` ~, Bonnie T~urtc~n. Finance Director F Approved by: _ y "r Date: a __ _ ' E Craig T)~~wson, City Administrator MEMORANDUM ~'I'~' 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us DATE: January 24, 2008 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk CC: Craig W. Dawson, City Administrator/Clerk RE: 2008 License Renewals for Refuse Haulers and Tree Trimmers For Council information, one additional Tree Trimmer license request has been received at the City and reviewed for completeness. As all license fees and requirements have been met, a license has been issued to the Licensee listed. City of Shorewood - 2008 License Approvals City License No. Lieensce Address City TI21±.L TRIMMER LICENSES 08-2y Schmidt's 4 -Season 2700 Ches Mar Farm Rd. Excelsior, MN Service, Inc `~ ~ _ ~.~- v' i*®~' PRINTED ON RECYCLED PAPER "I'~' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Larry Brown, Director of Public Works CC: Craig Dawson, City Administrator DATE: January 24, 2008 RE: Motion Establishing May 17, 2008 as Spring Cleanup Day Traditionally, the City of Shorewood has established a date in May of each year as Spring Cleanup Day. Staff has reviewed the calendar and has determined that May 17, 2008 is a date that falls outside of Mother's Day and Opening Fishing (both the weekend of May 10-11). Therefore, Staff is recommending that this day be established as the official day for Spring Cleanup. Once established, Staff will commence with a request for proposals for refuse, appliance, electronics, and tire disposal. Recommendation Staff is recommending approval of a notion that establishes May 17, 2008 as Spring Cleanup Day for the City of Shorewood. -~ ~ ~ it®r® PRINTED ON RECYCLED PAPER CITY SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 24 January 2008 RE: Thins, Thomas -Minor. Subdivision -Revised Resolution FILE NO. 405 (04.02) In Spring of 2004, the City approved a minor subdivision and bluff setback variance for Tom Thins' property at 6110 Ridge Road. The approval was subject to a condition that any house being built on the Silver Lake side of the property would conform with setbacks illustrated on Exhibit C of the resolution approving the division (see Attachment I). The contours used for the division came from the City's aerial topography maps, which Mr. This always maintained did not accurately reflect the contours of the site. In recent years, as he has attempted to market the property, he has become increasingly concerted about the restriction imposed by the setback. Staff met with Mr. Thiss and his surveyor on the site to determine if some discrepancy exists between the map and the land. It appeared so, and staff suggested that if Mr. Thiss wanted to pay for a topographical survey of the property, we would take that data over the aerial topo. He has since had a survey done, which more accurately depicts the property (see Attachment I). The effect the new information has on the property is that the bluff setbacks extends more northward and increases the buildable area of the lot somewhat (approxiimately 412 square feet). Mr. Thins has asked the City to revise Resolution No. 04-031 to reflect the new topographic data. It should be noted that the condition is simplified for future owners by tying the setback to a specific elevation, rather than an illustration. Staff recommends approval of this change and has prepared a draft resolution for your consideration. Since this item has been placed on the consent agenda, if you have any questions relative to it, please do not hesitate to contact me prior to the meeting. Cc: Craig Dawson Tim Keane Tom Thins i 9p !- s=d! PRINTED ON RECYCLED PAPER • ... ~,~ a1 ens ~'~~~°' •4« ~•~••• .'`. .'~.• •.~~~•••'®~ ~I P - _ ``w"~`'•~ ~ '~~~ -~.~\~ a9 a~;: _ .. _ . .. .,: ... ` . _ .-s..., ~: ;•~ - .° .. .' ..~. ~ .~ .....,. •_.. t t _. , .. .. ~ .. .. _ .. ._ .. .. .. ~ -. -•- __ .. - .. 'r _;. -~ ~, m°~ 4, l 9 =>~' m®400,,08. .. _., e,•. - ~ ~`~''~~'. ~~, ae f ° ~ ~' .' ne .-'~~'' ~~ ~~ ~ ~ ~ , o r - \ _ _ '~,. is ~- ~ _ _ - ~- ~'- --._ ~.~ \\ /f( , _ _ .... ~} ~ ~ . _. r ,. V _, - ~ ~ L ~ , ~ ~ g~ gyp- _ ~~J ~ '......_ -- ~-.. J~ - .. _ p ^. ` I}" _ ! / ___ - _ .._ fa _: ,~ __ ~ ~~ ~^ f - ~, ~ /- ~- -~ -,\ _ ~~~ ///// - -- ~~, ll ,55555++++ ;~~-- A . ~ v ,,ice ~ "~~ ~:y'"-- -;,.'"- `'` ~``i..~``~ja.~7.~•\ \{ ~`R .. ~ ~,~~S.~~y` i ~.~ .. ~ ;-~-~~~~rN ~ ~. J- 17Vf/'-~~%.T ~~`` '~f` `~ `960 ~~` `_VP'`\ ~~'~ ` `~' /~\9,~ ~~ ~. ~~.~ ~ _ - ~~~ :;-ZON. E, 7?~R: £~FifBi~T. ~'~~` ~ :y----=" L` °~~``~ ~` `~ I~`4 ~\ •. - ~~ - -- 950'`---- -~ ~°- - -- --- -~~ --- - 2-__ _ p. ~~r`~~~~`~\r j'~' ~~~ ~`~\~~~ ~\ '--~.~ `---946---- ~ ~L.'f}F~" _-94 "---_-- _ ~ ----- -- _ ``D~~ : ~9 - ~ ~ `., ~ \ ~ ~ ~ ~k .., __ - - ._ _. ---- ,_ _-~ ~._~_,_- 940 ---- ___ ._-_ __ _._ ~. ____ -~-, ~~ _. ~.. _. _. - ~.`~ -- -~ ...._._--- -_____ 930 ..~_.-.___ __- ._-------.._-.._.. __ ... ,` - \.~\. - ~-'~'-Y `~~ ~ti ., ~ ~. ~e.~ ~/ y ~ .,~`• ~-~~ _- .. ._- _ .- - -___ __..,_._ - -_ l 1 ._~ .,-.. __ ____ ____ .~ __ __• _._.---- -., __ `. _--- - ---, -_ - __~. - ~- ~ a,~ ` ~ ' .- -~ ~ -------- ~w-~ ----- - _..,~ _ _.-, -~ --- - - .~ ~.. ---__. _-_- ... _- -t _ •D~ . ~, .~ - --_ - - - , __.. _-- y a., - - .. _.. ~_ .._. . ~ ,, , .o.a ~. ,•~,. _.- --_~_ - - -~ ~ ``_ ._ `` _.` ~_. .- -__~ ~. ..._ `. -- .:' _. -.. - _ _1 _ - -__- ., ._ - ~ (~ .~` v _: _..1 .. -,...~, ~.. - `'-~ --~ .- _' _ - -- -. 7 r ------= = ~ 247 - , ~ - _ _ ~ _ ~,~ ~ ' ®~1~~ ~ _~~'~ 1_ ` -/-. `` --- ... .. ~ - / /. ~ r ~~ ~`~ `~ r I ~ r CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION AMENDING RESOLUTION 04-031 WHEREAS, Shorewood Resolution No. 04-031 approved a minor subdivision for Tom Thiss, creating a parcel of land legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, Resolution No. 04-031 required the applicant to record a deed restriction illustrating the bluff and bluff setback for the newly created parcel; and WHEREAS, the bluff setbacks were illustrated in Exhibit B of the Declaration of Restrictive Covenants for the newly created parcel; and WHEREAS, the owner of the property has commissioned a detailed topographic survey for the property, which accurately depicts the contours of the property; and WHEREAS, the new survey identifies the bluff line on the property to be an elevation of 955.0; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. Paragraph 4.e. of Shorewood Resolution No. 04-031 is hereby amended to include the following: "The bluff line for Parcel 2 shall be the 955.0 elevation. The bluff setback for the property shall be measured 20 feet from the 955.0 elevation. 2. The Mayor and City Clerlc are hereby authorized to execute an amendment to the Declaration of Restrictive Covenants for Parcel 2, reflecting the language in 1. above. ADOPTED DY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of January, 2008. Christine Lizee, Mayor ATTESTe Craig W. Da~~s®n, City As~rninistrat®r/Cllefl°9~ att. ~[ c[r~ or SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works FROM: James Landini, City Engineer DATE: January 23, 2008 RE: Lift Station # 12 -Change Order 1 City Project No. 06-O1 On July 23, 2007, the City Council awarded the contract for the Rehabilitation of Lift Station#12 Project to Engineering and Construction hmovations, hzc. The project is located adjacent to Chistmas Lake. Due to equipment specification review and equipment manufacturing time the project was to commence the last week of October, 2007. Staff postponed the project to 2008 due to the time of year and the ability to stabilize the soil after construction. If the project would have proceeded it would have been difficult to establish vegetation before the spring thaw, and the bare soil would have created an unnecessary polhrtion risk to Christmas Lake. The delay resulted in a change order from the contractor. The delay will increase the cost of the project in the amount to $2,337.00. This covers storage of materials, and escalated operating and labor costs for the next year. The new project cost will be $106,808.00. Recommendation Staff recommends approval of the resolution that approves change order 1 for the Rehabilitation of Lift Station #12 Project. A resolution is attached for your consideration. .. :~ ~~ ~ ~®~® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING A CHANGE ORDER 1 FOR THE REHABILITATION OF LIFT STATION #12 PROJECT, CITY PROJECT NO. 06-01 WHEREAS, on July 23, 2007, the City of Shorewood entered into a contract for construction with Engineering and Construction Innovations, h1c, for the Rehabilitation of Lift Station #12 Project, City Project No. 06-OI; and WHEREAS, Engineering and Construction Innovations, Inc has prepared Change Order 1 attached hereto as Exhibit A, for additional work outside of the original contract; and WHEREAS, the Director of Public Works has reviewed said Change Order and found it to be cost effective for the project. NOW, THEREFORE BE IT RESOLVED by the City of Shorewood to approve Change Order Number 1 with Engineering and Construction Innovations, Inc., that incorporates services outlined in Change Order 1, attached hereto as Exhibit A. ADOPTED by the City Council of the City of Shorewood this 28th day of January, 2008. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk 10/19/2007 15:34 IFAX ECIINC1002@QVVEST.NET ~ Nap C~7j001/002 Engineering & Construction ~CZ Innavatians, ~~,~. October 1 ~, 2007 Kevin l~lewmati, PE ~'JS}3 & AS50ClateS 701 Xenia Avenue South -Suite 3E)0 Miiu~eal~~olis, ivlN 55416 RE. City of Shoz'ewood Lift Station Number 7 2 IZ1: Extended Completion Date Mr. ~°e~~~naan: Engineering & CC)I1StrLtCti0i1 lnrlovations (ECl) has been directed by the City oi' Shorewood to delay the commencement of site activities f-r~r the City of Shoret~~~ood Lift Station Ntrmbcr C 2 Project until spring 2008. The pu~-l?ose of this correspondence is to address the project in~paets that arc a result of this direction. Material sulaplicrs Dave been contacted rebarding warranty, escalation and material warehousing eoneci-~1s. The pump supplier, Electric Pump confirmed that they will honor their warranty from date of ins#allation. The control panel suppJioz', Quality Flow also confiz-~~~ed their warra~~ty fiom time of installatio~l on the co~~dition that hCl stores the co~~irol panel in a heated environment thrt~ugh the winter months. E~CI will sto7•c all lift station n~~aterials at our shop and is asking for a ottc hundred dollars per month warehousing fe~e~. Alternatively, >~;Ci will deliver the control pa~7cl and ptm~ps to the city for storabe fora 5250 delivery fee. The subcontractors have also been contacted to discuss cost escalation forthcir services. Escalation costs resulting fran~i the tle;lay are as follows: I . 1_zlectr~ict~l Sarbcontructor•.... , ......425. (10 2. C~~atirr~ Sr-rUcorrtruclvr' ...... ........5'S0.(1O 3. 1'al~ing Subcorztrcrctnr ...............~16?.00 1/C[ will incur uluipir~ent operating and Iabor cscaiation costs for project delays to the 2008 construction season. "1'he Iabor and equipment escalation costs are $700 for the 2008 construction vear. The total additional costs are summarized as follo~l~s: 1. ,Srrl>conlrac~or~ ~'rr.cts ......................... fi937. ~(1 2. Stora;~e Foes 7mos(~i~~100 ...................x`57(10.00 --_._~ 3. Gerte!'al Coretrcrctar Casts ......... .......$700.fX) Total ............................$2,337.0U Exhibit A 7~U E3ar~e Channel Road • YU Box 70)~ + St. Paul, h~tuuiesota 5107 1 ~:3,: ~i~1-29;,-911 I ~ TAB: hil-2,95-~)1 I i • 1~~~~1_15: 577-(i~4-1QG} 10/19/2007 15:34 IFAY ECIINCI002@QF1'EST.NET ~ Nap X002/002 ~~1r. ~~ewnum. Pi~. Vaan-2aft IUil9!2U07 T}lart}< you for your alteiltioal to these: items. I look fo~-tivard to receiving change order docui7aentatit?n addressing the delay costs and the revised completion date. If there are any questions or concerns with the above p}case contact me according}y. Sincerely, Engineering ~ Construction Innovations; ]ne. Nap Scott Project Manager C: S}pane McFadden; Job Files `I' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: James Landini, City Engineer -~- DATE: January 23, 2008 RE: Authorize the Expenditure of Funds for purchase of a GPS and AutoCAD software Staff has budgeted, as part of the 2008 operating budget, for the purchase of a global positioning system and AutoCAD software. These items are categorized as capital outlays in the 2008 budget. Both items total approximately $12,000 out of the remaining $14,400 budgeted for capital outlays. Currently we have AutoCAD LT 2002 which cannot open drawings submitted asRecord Drawing As- Builts. The new AutoCAD 2008 does have an annual maintenance subscription of $427.52, and does support Microsoft Vista. The Trimble Terrasync software also supports Microsoft Vista. Quotes were not obtained due to the software and GPS being on the State negotiated Master Purchase Agreement. Recommendation Staff recommends approval of the expenditure of funds from the City Engineer Operating Budget for a GPS and AutoCAD software. t ., ~®a® PRINTED ON RECYCLED PAPER f :3163733 I~`a W . :383527 ~~`~~~ L1C)~~.~~C)I~ Dat_:07I11t2t?{~7 E~ ~~ : 02115/2t?(78 Tca: James l_andini Frog ~ ~: Ervin So City of Shorewood Dl_T Solutions, Inc. 5755 Country Club Rd 13861 Sunrise Valley Drive Shorewood, MN 55331 Suite 4601 Herndon, VA 2f3171 ~l : (952) 474-3236 ~ : l~itc~~ 71137089655 Frr.nil: jlandini rx ci.shorewood.mn.us :: 8667086705 -: ervin.so~dlt.com 1 9701-D106s 2 9701-0106xv,~1 3 9701-D428s 4 9701-0428xw1 AutoCAD 2003 Standalone License DVD AutoCAD 2008 Subscription - 1 fear Civi! 3L? 2008 Standalone License D'~~D (Subscription Mandatory) Civil 3D 2008 Subscription - 1 Year OPv1 $3,196.01 X3,196.01 ON1 X427.52 $427.52 1 OP~1 X5,996.02 $5,996.02 OM X545.29 $945.29 DUNS #: 78-646-$199 Federal ID #: 54-1599882 CAGE Code: OSOH9 FtJB: Destination Terms: let 30 (t)n Approved Credit} DLT accepts VISA/MCIAMEX DLT's standard Terms & Conditions apply (~ a, •, -1 l7LT Solutions, Inc. DLT Solutions, Inc. "°°°' °' ~" SunTrust Bank _ _ __ PO Box '102549 RBA # 061000104 Atlanta, GA 30368 Acct # 1000032705898 Customer orders subject to applicable sales tax in: CA, CC7, CT, DC, FL, KS, LA, MA, MD, MS, IVV, C}H, RI, TIV, TX, VA, WA, WI The terms and conditions of the Manufacturer's standard commercial license and subscription agreement are made a part of this quotation and shall govern purchaser's use of any Manufacturer product. Contact the DI_T Sales Rep if further information is required. -; -,, l .~ ~~~~: 3163733 6._, _:383527 aocurnentation to be submitted to validate Invoice for payment: a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names, days, and hours worked. b. Authorized reimbursable expenses shah be Invoiced with a detailed expense report, documented by copies of supporting receipts. c. Authorized Education or Training shall be invoiced with a Report identifying date and Warne of class completed, and where applicable the Warne of attendees. L. 2 ~'". __..._ ~ s ~ ~ ~ s ~:~ LT CATION SPECIALIZING IN CsIS FIELD [DATA COLLECTION TOOLS Address: 7760 S. France Avenue, Suite 1.100, Minneapolis, MN 55435 Phone: 800 728-5066 Fax: 888 766-2488 E-mail: solutions@compasstoolsinacom On the Web: www.compasstoolsinc.com To: City of Shorewood CTIQUOTE# CTIQ4984 James Landini Date: 01/21/08 5755 Country Club Road Terms: Net 30 Shorewood City Hall F.O.B.: Origin Shorewood, MN 55331 Contact: Del Stewart ph; (952)474-3236 Ext: Fx: IMPORTANT - Ordering Instructions: CTI Please make purchase order out to: CompassTools, Inc. 6770 S. Dawson Circle, Unit 100 Centennial, CO 80112 Then fax the P (1 to (1'nm„accTnnlc at '~~"~-7E,(,-7.4RR rn• we d~ ascent MasterCard and VISA i Item # Qty Mfg Part # Description Unit Price Ext. Price Delivery GSA-ProXH Receiver 1 1 52250-00-GSA $3,145.00 $3,145.00 2-4 weeks GSA-Nomad Handheld 800E (PDA 2 1 65220-20-GSA Keypad, Bluetooth, GPS, WEAN) $1,709.00 $1,709.00 2-4 weeks ~ without camera 3 1 50538-00-GSA GSA-TerraSync Professional with GPS Pathfinder Office Software Kit $2,695.00 $2,695.00 2-4 weeks (inchides 12 month Pathfinder Office and yU day leira~ync sortware wan•antiesl ~ Used GIS 2m Carbon Fiber Range Pole 4 I 53861-GSA ( $0.00 $0.00 2-4 weeks Used Cradle Assembly for 5 1 5198-093 GeoCE/XM/XT/XH (requires pole $0.00 $0.00 Stock clamp 5198-XX) Used Open Clamp for Range Pole - w/ 6 1 51.98-056 45' Vial and Compass $0.00 $0.00 Stock Approval PC: PC: Please note, at the customers request, orders received before 12AM (MST), can be shipped the same day. Does Not Include Tax or Shipping Charges Unless Specified Quote valid for 30 days Trimble Standard Warranty: Hardware , PathFinder Office and TerraSync , 12 months, GPScorrect 3 months. CompassTools can provide all your satellite imagery requirements from as little as $6.90 per sq kilometer. SLibTotal 7 I i $7,549.00 6.5% Estimated Sales Tax 8 I I $490.69 Running SubTotal 9 88,039.69 10 I ' New GSA-GIS 2m Carbon Fiber Range I I 1 53861-GSA Pole 8211.00 $211.00 2-4 weeks New Cradle Assembly for 12 I 5198-093 GeoCE/XM/XT/XH (requires pole 872.95 872.95 Stock clamp 5198-XX) New Open Clamp for Range Pole - w/ 13 1 5198-056 45' Vial and Compass 882.95 882.95 Stock GSA-Nomad Handheld 800LC 14 1 65220-31-GSA (Numeric Keypad, Bluetooth, GPS, 81,889.00 81,889.00 2-4 weeks WLAN, and Camera) ~ GSA-Nomad handheld 800LE(GPS, IS 1 65220-41-GSA Bluetooth, WLAN, Numeric Keypad, $2,249.00 82,249.00 2-4 weeks ~ Camera, and Laser Scanner) Approval PC. PC: Please note, at the customers request, orders received before 12AM (MST), can be shipped the same day. Does Not Include Tax or Shipping Charges Unless Specified Quote valid for 30 days Trimble Standard Warranty: Hardware , PathFinder Office and TerraSync , 12 months, GPScorrect 3 months. CompassTools can provide all your satellite imagery requirements from as little as $6.90 per sq kilometer. SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.Ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 24 January 2008 RE: Authorize the expenditure of funds for purchase of a replacement computer As part of the 2008 operating budget, the Planning Assistant computer is scheduled to be replaced as part of the four-year replacement schedule. It is worth noting that this is the primary GIS computer for the Planning Department. The computer has the same specifications as the one approved at your last meeting for the engineering technician (see attached). The main difference between the two is the elimination of the extra keyboard and mouse. The estimated cost of the replacement computer is within the $2450 that has been budgeted. As this memo is being written, it now appears that prices may have dropped somewhat. Therefore staff requests approval of funds from the Planning Department budget not to exceed $2300. Cc: Craig Dawson Bonnie Burton ~j~ S s'p PRINTED ON RECYCLED PAPER ® pr Che Dell Online Store: Build Your System httt~://configure.us.dell. cony/dellstor•e/print_summary_details~opup. a... i1.1 f ~~ Ya - ~. ...... ._ , .,., . ... . ~ i -~. .. ,m ,... ~. -J:'~6., ,.... .,. ,... .. ,.. i. Wis.. tir r.~. ., y.v ._L :. ~~. ,.. . ... .., i ._~.~. ,... a..~.. .. ,.r.~.~. Dell recommends Windows Vista® Business. ~in~ Summary __ ~_ Dail Pre~i~ir~t~ 390 -. Starting Price .................... .. ......$2,550 ~'~'4..~....~... 111Stanf 5~V1t1g5._.....,.._... , .....415 ' ~ / ~-- Subtotal .. ~ :'? ~~ t 48 X57/ f ~~ ~~~ s)1 pm mo. ( rom Lease u Estimate Payments ~ Apply ~` ~ ~~~ m Discount Details ~a+Preliminary Ship Uaie: 1f15 12008z My Selections ~ C3ell Precision 390 1/9/2008 10:24:08 AM Central Standard Date Time Catalog Number 4 Retail 04 ., Catalog Product Code SKU Id Number /Description Dell Precision Workstation 390: Intel® Corer"' 2 Duo E6600 324T4 [222-3398] 1 (2.40GHz/1066MHz14MB L2/Dual-coreNT) Operating System; Genuine Windows VistaO VB3E [420-6643] ~.1 Business, with Media Graphics Card: 128MB PCIe x16 nVidia Quadro FX550 [320-4763] 6 FX550, Dual VGA or Dual DVI or DVI + VGA Chassis Configuration and 1394: MT (311-6070] 2 Mini-Tower Cfrassis Configuration Memory: 4GB, 667MHz, DDR2 SDRAM 4GE46 [311-5138] 3 Memory, ECC (4 DIMMS) ~, CD-ROM, DV D, and Read-Write Devices: 16X DVD+/-RW w/ Cyberlink DVRW16 [313-4287] 16 PowerDVD~«'~ and Roxlo Creator~'^ Dell Ed irni~nno in.~n nr„r The Del'1 Online Store: Btrild Your System http://configure.us.dell. cony/dellstore/print_sunulzary_de tail s~opup. a... Hard Drive Configuration: C1 All SATA drives, Non-RAID, SATA1 [341-3628] 9 1 drive total configuration Boot Hard Drive: 80GB SATA 3.OGb/s with NCO 80ST [341-3646] 8 and 8MB DataE3urst CacheT"' Monitors: Dell 22 inch E228FP E228FPW [320-5204] 5 Widescreen Flat Panel, Analog Labels: VPRENt [310-8642] 750 Windows Vistas"' Premium System Accessories: ', Logitech MX 3200 Laser 725107 [A0725107] 1460 Cordless Desktop Bundle Keyboard: USB Entry Quietkey, No Hot U [310-7949] 4 Keys Mouse: ', Dell USB 2-Button Optical LOB [310-7958] 12 Mouse with Scroll Floppy Drive and Media Card Reader Options: FD [34 i-3624] 10 3.5 inch 1.44MB Floppy Drive Speakers: Dell AS501 PA Sound Bar w/ AS501 PA [313-4029] 18 Power Adapter for all Entry Flat Panel Displays Productivity Software: MicrosoftrJ Office 2007 Small VVS27SB [410-1099][420-6713] 22 Business Edition anti Adobe Acrobat 8.1 S Resource CD: NORCD [313-3673] 21 No Resource CD Hardware Support Services 3 Year Lirnited Hardware U3YOS [970-4892][980-1200][984-8427][984-8428] 29 Warranty with Next Business '~ Day On-Site Service Installation Services: NOINSTL [900-9987] 32 No Onsite System Setup Purchase Intent: ~' Purchase is not intended for NOT4SEL [462-4506] 138 resale, Print Pricing, specifications, availability and terms of offers may change without notice, are not transferable and are valid only for new purchases from Dell Small Business for delivery in the 50 United States. Taxes, fees, shipping, handling and any applicable restocking charges extra, vary, and are not subject to discount. The Small Business site and offers contained herein valid only for end users and not for resellers and/or online auctions. Dell cannot be responsible for pricing or other errors, omissions, or consequences of misuse of site and its functions and reserves the right to cancel orders arising from such errors. Offers not necessarily combinable. Discounts cannot be retroactively applied. Orders subject to cancellation by Dell. Software & Accessories and Printers, Displays & Electronics offers do not apply to Recommended Solutions systems in the online system configuration pages (including PowerConnect switches); you must purchase eligible items through the separate Software & Accessories and Printers, Displays & Electronics online stores. Limit 5 systems and 5 discounted or promotional products per customer. In case of customers leasing under this promotion, please note that items leased will be subject to applicable end of lease options or requirements. All sales are subject to Dell's Terms and Conditions of Sale located at http://www.dell.com/terms unless you have a separate agreement with DeII. _r,, 1 mi~nno in.~n nr,r CITY' OF SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Park Commission, Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 9 November 2007 RE: Park Dedication Fees -Proposed Update FILE NO. 405(Subdivision Code) As provided by Minnesota Statutes, Shorewood collects park dedication fees at the time land is subdivided for development. The current fee of $2000 per residential lot was established in 2002 and has not been adjusted in five years. The City Council has directed staff to propose an updated fee to be included in the City's Municipal Fee Schedule. Minnesota Statutes (462.358) recognize that the development of land creates a need for certain public facilities (e.g. roads, sewers, storm sewers, drainage facilities, etc.). Parks, trails and open space are specifically referenced as legitimate extractions in the development approval process. Park dedication can be required in two ways: 1)the City can require that a certain amount of land be set aside in development projects for use as future parks; or 2)the City can require fees in lieu of land. The City may also require some combination of land and fees. Shorewood's policy for the last several years has been to require cash in lieu of land. h1 order for a city to require park dedication through development, the statutes require that the City have a Comprehensive Plan (which Shorewood has) and a capital improvements budget for parks (which Shorewood also has). The law also requires dedication. to be reasonable and that there be an "essential nexus" between the dedication and the municipal purpose to be achieved. Finally, the statutes only allow park dedication fees to be used for the acquisition of land or the development of park property. Maintenance and operations must be funded in other ways. After reviewing the current statutes, the first thing staff did in formulating a recommendation was to see what other cities are charging relative to park dedication. We started with a survey prepared by the Association of Metro Municipalities (AMM) that was last updated in April of this year. We added several Lake Minnetonka communities that did not participate in the survey, as well as certain cities with relatively contemporary development regulations that we routinely review. The fees charged by cities are as much "all over the map" as the cities themselves. ®. ~' ~®r0 PRINTED ON RECYCLED PAPER Memorandum Re: Park Dedication Fees 9 November 2007 Much has happened over the past five years to affect the amount cities charge relative to park dedication. Fees range from as low as $1000 per residential unit in more established/developed communities such as Crystal alld Hopkins (Excelsior charges $1500) to as much as $25,000 per lot in Mimletriesta. The amount charged by various cities appears to correlate with the extent of development. Older, more established communities have acquired all the land they intend to and, for the most part, have developed their park systems. Growing communities charge more, reflecting the increased costs of land and construction and projected future demands on the park system. Land values, despite the recent real estate slump, have increased dramatically (I can't wait for a future grandchild to ask me some day - "Grandpa Brad, why didn't you buy property back in '07 when land was so cheap?"). Our current fee amounts to one percent of the value of a $200,000 lot. No doubt, cities' budgets have increasingly tightened in recent years, leaving them to find ways to fund needed projects through, for example, the land development process, where allowed. Shorewood is considered somewhere in between. While the City is approximately 95 percent developed, its park system still has needs. These are well reflected in a memorandum to the Park Commission from Public Works Director Larry Brown, dated 1 March 2007, which lists out projects that have been discussed by the Commission over the past several years. The cost of projects such as hockey rink lighting and new temlis courts at Badger Field and Cathcart Park, and the wetland restoration improvement project at Freeman Park well outstrip the amount of money currently being budgeted from the general fund ($10,000 annually). Whereas, past park improvements have been largely funded through land development, the number and size of subdivisions has dwindled to just a few per year. Most of these come as minor subdivisions -splitting large parcels of land into 1-3 lots. Every now and then, and difficult to predict, a developer may assemble several parcels of land and redevelop them into more lots (e.g. the Parkview subdivision on Suburban Drive). Based on past performance, Shorewood has been projecting four new lots per year. Under the current fee schedule, this amounts to only $8000 in park dedication revenue annually. It is not reasonable to think that the relatively few new lots that will be created over the next several years should pay for all of the planned or desired park improvements. It is suggested that the Park Commission recommend something in the range of $4000 to $6000 as the updated park dedication fee. While this is a relatively drastic percentage increase from the current fee, it represents only 2-3 percent of a $200,000 lot, and is well under the middle of the range of what cities are charging. The new fee would result in a projected revenue of $16,000 to $24,000 per year. Staff will be at the Park Commission on Tuesday night to go over this information. Cc: Craig Dawson Larry Brown Twila Grout Tim Keane Bonnie Burton -2- PARK COMMISSION MINUTES TUESDAY, NOVEMBER 13, 2007 PAGE 2 OF 5 Norman mentioned that the next meeting would be held on November 20tH and that this would also be the deadline for much of the collateral pieces. Chair Davis stated that they have approached the DNR with the Three Rivers Park District to consider sponsoring the fishing contest. Some of the other potential events include human bowling, mounted patrol, and Nordic walking demos. C. Update on Music in the Park Chair Davis acknowledged that Big Walter had been booked for July 11, 2008. D. Report on Skate Park Camp of October 18 and 19 Brown stated that he was impressed by the feedback they'd received with regard to the skate camps and that the target audience for whom the equipment was intended for were those who participated in the camps. Norman suggested the City shore up their summer programs for next year soon and use 3rd Lair's own PR and marketing to promote the camps over the winter. 4. PARK DEDICATION FEES - (Planning Director Brad Nielsen) Planning Director Nielsen explained the current system used to assess park dedication fees, set currently at $2000 per residential lot since 2002. After reviewing the current statutes, staff formulated a recommendation to see what other cities were charging relative to their park dedication and found that, while the fees were somewhat all `over the board, fees ranged from $1000 to as much as $25,000 per lot in Minnetrista. While Shorewood is approximately 95% developed, Nielsen acknowledged that it's park system still has needs, as evidenced by the projects that have been discussed by the Commission over the last several years. The cost of said projects such as hockey rink lighting and new tennis courts, as well as the wetland restoration project at Freeman, will outstrip the amount of money budgeted from the general fund for years to come. Nielsen stated that it is not reasonable to assume the relatively few lots that will be created over the next several years should pay for all of the desired park improvements, it is suggested however that the Park Commission recommend something in the range of $4000 - $6000 as the updated park dedication fee. While this appears to be a relatively drastic increase from the current fee, Nielsen stated that it only represents 2-3% of a $200,000 lot and is well under the mid range of what other cities are charging. He requested the Commission's input on the suggested recommendation. Young acknowledged that some of the Commission's biggest long-term projects could probably use these additional funds in the coming years. PARK COMMISSION MINUTES TUESDAY, NOVEMBER 13, 2007 PAGE 3 OF 5 Norman asked how the park dedication fees applied to commercial subdivisions. Nielsen stated that the change would apply to commercial development as well, and explained that there is a sliding conversion scale applied to commercial subdivision. Hensley asked for more information with regard to the $4000-6000 range. Nielsen pointed out that the range was chosen because it must be defensible with regard to what is fair and equitable within this and other communities. Hensley moved, Young seconded, that the Park Commission recommend approval of an increase in the Park Dedication fees from $2000 to $4000 per residential lot subdivision. Both Chair Davis and Norman felt justified that the amount be set a bit higher. Chair Davis stated that she felt Shorewood had a significant percentage of park land in comparison to developed area when compared to other cities and would be justified in a higher fee structure. She asked if staff could determine a ratio of park land to developed land as compared to other communities. Nielsen acknowledged that Shorewood did have a good ratio of parks to residents and indicated it might be interesting to draw that comparison as part of the justification process when compared to neighboring communities. Turgeon interjected that Shorewood has 96 park acres. Norman suggested the Commission shoot higher in order to offset the higher costs of replacement and the issues faced by the parks. Nielsen pointed out that it is the City's choice to choose up to 8% of land mass for parks or to take cash in lieu of land. If one compared the average cost of land in Shorewood, the range is justifiable, when a developer considers giving up as much as 1-2 acres of land versus a park dedication fee. Turgeon indicated that the Planning Commission. had also been charged with the task of examining the potential impacts of future redevelopment of the golf course land in Shorewood. Norman asked to amend the motion to $5000. The Commission concurred. Hensley amended his motion to reflect a Park Dedication fee of $5,000 per subdivided lot. Norman seconded the amended motion. Motion passed 5/0. Nielsen mentioned that the public hearing would likely take place in January. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES TYPE OF CITY CODE CHARGE/FEE REFERENCE CHARGE/FEE VI. BUILDING, ZONING, LAND USE Park dedication (cash in lieu of land) 1202.07 Section 2. This orduzance is effective the date following its publication. 5000.00 ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 28th day of January 2008. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk MEMORANDUM DATE: January 24, 2008 TO: Mayor and City Council FROM: Craig W. Dawson, City Administrator/Clerk RE: Appointments to the Minnetonka Community Education (MCE) Board and the Lake Minnetonka Communications Commission (LMCC) Board Appointments of Representatives to the Minnetonka Community Education (MCE) Board and the Lake Minnetonka Communications Commission (LMCC.) and the Lake Minnetonka Conservation District (LMCD) are typically done in January. The City has advertised these volunteer board opportunities to residents. The two individuals currently holding the MCE and LMCC board positions have both expressed an interest in continuing to serve; no other candidates have come forward. The LMCD Board Representative, Mr. Tom Skramstad, has decided to not seek reappointment. It is anticipated that interviews for this position will be conducted prior to the City Council's Regular meeting on February 1 I, with that appointment being made at the February 11 City Council meeting. The MCE and LMCC candidates are: MCE: Tad Shaw, 5580 Shore Road LMCC: Patrick Hodapp, 26195 Shorewood Oaks Drive Council may consider adopting the Resolutions appointing a representative to the MCE and LMCC Boards. Draft resolutions are attached. Council Action A motion to adopt the following Resolutions: A) A Resolution making an appointment to the Minnetonka Community Education Board B) A Resolution making an appointment to the Lake Minnetonka Communications Commission a~ 8*®r® PRINTED ON RECYCLED PAPER f ~~~ CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION MAKING AN APPOINTMENT TO THE MINNETONKA COMMUNITY EDUCATION (MCE) ADVISORY COUNCIL WHEREAS, the City of Shorewood annually appoints a Shorewood resident to serve as City Representative on the MCE Advisory Council; and WHEREAS, the City advertised this volunteer board opportunity for appointment to said Advisory Council; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby appoints Tad Shaw as City Representative on the Minnetonka Community Education (MCE) Advisory Council for the year 2008. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of January, 2008. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION MAKING AN APPOINTMENT TO THE LAKE MINNETONKA COMMUNICATIONS COMMISSION (LMCC) WHEREAS, the City of Shorewood annually appoints a Shorewood resident to serve as City Representative on the LMCC Board; and WHEREAS, the City advertised this volunteer board opportunity for appointment to said Board; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby appoints Patrick Hodapp as City Representative to the Lake Minnetonka Communications Commission (LMCC) Board for the year 2008. ADOPTED SY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of January 2008. ATTEST: Christine Lizee, Mayor Craig W. Dawson, City Administrator/Clerk ciTt or SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: January 24, 2008 SUBJECT: Cablecasting Work Sessions Cablecasting Work Sessions: At the May 14, 2007, Council meeting, interest was expressed in cablecasting the work sessions of the City Council. LMCC cablecasts two city meetings each month at no charge (and currently is paying Don Rogers to do Shorewood's at $73/meeting). The City could make arrangements through LMCC or with Mr. Rogers directly to do additional meetings. Channel 8, on which Shorewood City Council meetings are currently cablecast, is out of capacity for additional meetings. They would need to be run on Channel 12 or 21. The meetings would be placed on the LMCC website for video-streaming. Staff commented that City Council work sessions are valuable as they provide amuch-less-formal format and forum for productive discussion by the Council and staff. The absence of cameras is a key part of that less-formal environment. There was also a question of whether the video record of the meeting could be the permanent record in lieu of written minutes, and the City Attorney and League of Minnesota Cities advised that statute does not allow this substitution. At the June 11, 2007, City Council meeting, a motion to cablecast work sessions did not carry. Robert's Rules of Order: On January 14, the Council raised a question about the proper procedure for revisiting this issue. An analysis of how Robert's Rules applies in this case is attached. In summary, the Council may consider this matter with a new motion to do so. Financing: Staff anticipates that sufficient funds will be available through good purchasing experience elsewhere in the budget during the year. If not, the funds would be available in the undesignated balance in the General Fund. ~^4' 4°°'"" s®~® PRINTED ON RECYCLED PAPER 'I"~' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: January 24, 2008 SUBJECT: Robert's Rules of Order related to Failed Motions, and Motions to Reconsider or Rescind or Suspend Rules The City follows Robert's Rules of Order, and the book at the Council table was published in 1983. The Rules generally assume a parliamentary order of business, in which the "society" meets on consecutive days until adjournment. For the purposes of a city council, references to something which may be acted upon only through the "next day" would have the effect of meaning the next council meeting. When something is voted on and fails, it may be brought up again on a motion to reconsider by someone on the prevailing side through the next meeting. After that, the motion may be brought up anew by anyone at any time. There is no limitation on how often this may occur, but it is suggested that the body might wish to establish some period of time (e.g., three or six months) before a failed motion may be reintroduced. The body may wish'to rescind a prior decision; this would be appropriate if it wished to take no further action on the matter. Reintroducing a motion does not require that a prior action on the matter be rescinded. The appropriate sections from Robert's Rules are as follows: § 18 Suspend the Rules: A motion to suspend the rules is not debatable. The rules may be suspended only for definite purpose, and requires atwo-thirds vote. A vote to suspend the rules may not be reconsidered. §25 Motion to Rescind: A motion to rescind is made when the body wishes to annul some action previously taken and it is too late to reconsider. Any action may be rescinded regardless of the time that has elapsed. §27 Motion to Reconsider: A motion to reconsider may be made during the day (i.e., meeting) on which a motion has been acted upon, or the next succeeding day (i.e., meeting). It must be made by a member who voted with the prevailing side, and requires only a majority vote. No question can be twice reconsidered, unless it was amended after its first reconsideration. ®. ~. «' PRINTED ON RECYCLED PAPER Roberts Rules re: Motions to Reconsider or Rescind, or To Suspend the Rules §60 To Consider a Question a Second Time: When a matter has once been voted upon, it may not be considered again during that session except by a motion to reconsider, which can be made only by one who voted on the prevailing side. [This is an alternate statement of §27, Motion to Reconsider.] § 15 Objection to the Consideration of a Question: Objecting to considering a principal motion [e.g., putting a matter on the agenda] can be made only when it is first introduced and before it may be debated. The objection is not debatable. The chair then asks if the matter shall be considered. If there is atwo-thirds negative vote, then the matter is dismissed. §42 A Session: A session is a meeting which, though it may last for days, is virtually one meeting. "In ordinary practice a meeting is closed by moving simply `to adjourn'; ... If they do not meet till the time for the next regular meeting, ... then the adjournrrient closed the session." SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us To: Mayor and City Council From: Craig W. Dawson, City Administrator Date: January 24, 2008 Re: Accepting Resignation of Ward 3 Councilmember Paula Callies and Filling the Vacancy on the City Council Accepting Resignation of Ward 3 Councilmember Paula Callies Ward 3 Councilmember Paula Callies has submitted her resignation from the City Council, effective January 18, 2008. A copy of her letter of resignation is attached. Approval of a resolution accepting Councilmember Callies' resignation and declaring that a City Council vacancy exists is in order. Filling the Vacancy on the City Council The following schedule/advertising options for filling the Council vacancy is presented for your review and consideration: Option 1-Announcement Through Press Release and_Website Press release published on: February 4 (Lakeshore Weekly) February 7 (Sun Sailor) February 9 (Laker) Option 2 -Same as Option 1 with addition of Advertisement Advertisement (legal/paid ad) published on: February 7 (Sun Sailor) February 12 (Lakeshore Weekly) Proposed Schedule: • Advertisement on the City's Website: January 30 -February 21 • Deadline for acceptance of letters of interest -Thursday, February 21 at Noon • Council reviews applicants' letters of interest • Interviews scheduled for and appointment made on March 3 (Special Meeting) and/or March 10 (Regular Meeting) Attached are copies of the press release and ad for your consideration. ~®r~ PRINTED ON RECYCLED PAPER Council Action Approval of a Resolution accepting Councilmember Callies' resignation and declaring that a vacancy exists; and Approving the method for filling the vacancy, and setting the interview/ appointment time schedule. ~~ a` ~4 ~3 January 18, 2008 Mayor Lizee and City Council Members City of Shorewood _5755 Country Club Road Shorewood, MN 55331 Dear Mayor Lizee and City Council Members: 1'au1~z -~. C.a1'li~s `,[turnc~~ It is with sincere regret that I inform you that I must resign my position as council member for Ward 3, effective immediately. Earlier this week I learned that the City Council of the City of Dundas appointed me to serve as its City Attorney. My responsibilities for this client include attendance at council meetings. Unfortunately, the Dundas City Council meets on the same schedule as the Shorewood City Council. As you may be aware, my law practice is concentrated in the area of municipal law. There is little predictability as to when city attorney positions open and such opportunities do not often arise. It is work that I enjoy very much and in which I have substantial experience. Because my new appointment begins immediately, there is no time for a more lengthy transition from my duties as a Shorewood City Council member. I have enjoyed the experience of serving my community as a council member and of working with each of you very much, Thank yoti. Sincerely, ~~ Paula A. Callies cc: Craig Dawson Tim Keane CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION ACCEPTING THE RESIGNATION OF WARD 3 COUNCIL MEMBER PAULA CALLIES AND DECLARING A VACANCY ON THE CITY COUNCIL WHEREAS, Ward 3 council member Paula Callies has submitted her resignation from the City Council, effective January 18, 2008; WHEREAS, the City Council of Shorewood accepts the resignation and declares that a City Council vacancy exists in Ward 3; NOW THEREFORE BE IT RESOLVED, the Shorewood City Council will proceed with announcing the vacancy for Ward 3 council member, to fill the remainder of the unexpired term through the canvass of the Election on November 4, 2008. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of January, 2008. Christine Lizee, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk FOR IMMEDIATE RELEASE 1/29/2008 For more information: Jean Panchyshyn, 952-474-3236 CITY OF SHOREWOOD SEEKS WARD 3 CITY COUNCILMEMBER The Shorewood City Council is currently accepting applications to fill a vacancy on the City Council due to the resignation of Ward 3 Counciimember Paula Callies. The term of this position will be effective upon appointment and continue through early November, 2008. Interviews will be conducted by the City Council in early March. The Council meets on the second and fourth Monday evenings of each month at 7:00 p.m. for its Regular meetings. Other meetings are necessary from time to time, and are typically held the same evenings, beginning at 6:00 p.m. Individuals who reside in Ward 3 are encouraged to apply for this position, and only residents from Ward 3 will be considered. Applicants should send a letter of interest and a resume by Noon, Thursday, February 21 to: Craig W. Dawson, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 For further information, contact the City at 952-474-3236. (Display Ad) Shorewood City Council Ward 3 Position Opening The Shorewood City Council is currently accepting applications to fill a vacancy on the City Council due to the resignation of Ward 3 Council member Paula Callies. The term of this position will be effective upon appointment and continue through early November, 2008. Interviews will be conducted by the City Council in early March. The Council meets on the second and fourth Monday evenings of each month at 7:00 p.m. for its Regular meetings. Other meetings are necessary from time to time, and are typically held the same evenings, beginning at 6:00 p.m. Individuals who reside in Ward 3 (see map below) are encouraged to apply for this position. If you are interested in this opportunity to serve your City, please send a letter of interest and a resume by Noon, Thursday, February 21. Craig W. Dawson, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 For more information, ca11952-474-3236. ..~_ .v_ . ~ -. .~ _ __ a ,7 ~~ ~~ i, _ ~ ~ , m r~S ~p~ - ~ ' \~ 1 3 1 .i i:TV t- L~ f ~ 1 J" .. {~ ,l~ M6 ~ b ~ V •~ -~' ~ -A ~ ~ - +. ~ J Y m„~,~.. _...., a \ '- 1. l 1 II ~ f ~/ V HL \ I ~ ~ ~~ ~ ~ ~~~ ~ ~ ~ ~ 11 i ~_ ~ ~ ~ ~ 1 ~ ~ it ~ ~ ~~ ~ ° i ~,~ u ~~. ~~ °b S` -- `1 7 ~ ~ ~ ~' 1 _ Y W i A ~ ;,` ' ~ ~ ~j r ~ ~~ I ~ ~ ~1 g ~- ~ ~~ _ ~ ; ,~~' ~ ~ v ~~~~ IISS a~ .v~" P ~~ ~ - ..cJ U .~ ~ GA Ia Nt,i~iNNIW Q } ~ Q- m ~ J IG a o ~ m a .a ° ~_ ~ s 0 - - NO') Z 5 U w ' , .~ ~ ~ ~' / ~ \ \ N1910H5 ~ ,' ~~ zV °b Zs ~ °~b a O ~~ m ~ -°'~°- ~ Y M,~ o ° w ~ z - GASES ISl"NG ~ X ~ _j l OR • ", ~ Z W ~ S - ~ Z ~'~~ s O~ _ = nvaa is z •5 ' ~ ~o ~oOO ~ F~ ~ Gb n Ni ~ y2Q~ v~° O ///~(~ ~~i o lS a3yb j ~~ U o b N OHO OO isiNVas ~ ~ d \~ '~~F wry 1 6~6 V'oys ~ ~! ~!i ~- ~ ~ 1 ~ 1 ~ y - ~ -~ ~° Q J m g ~ \ NOl 3l H° ~~ _ f ~.~i ,.v- III I I'~' __ ;~ ~~ ~.~ C7 ~ ~I 1 . ~ y ~ o ~~ / ~ t~ L J QQ. ~.-\ E t I ~ ini ~~~ a~~ ~~ ~~~ ~ ~~ ,~ ~ ~ 1 ~ U ~ .~ ~~- - \ ~ ~ rl~~ ~ \ GL ~, ~~ R D _ bE ~, ; ~ ~ ~ ~~ ~3 . !f ~ I 1 I~ I ~if !. ~, ~I ~\P~E I __ I_. , ` V ~ ~~I l~ A A ~ i L . ~I ~_ I ? _, _ _~ ~ ~ ,.:~ ~-j ~ ~ ~ ~ I 1 ~ 7,p ~Y ~ ~_ I ~ ~ ~' ~ ~ ~ ,',' 1, ti. ,~1 3 ~ s MEMORANDUM DATE: January 24, 2008 TO: Mayor and Council Members FROM: Craig W. Dawson, City Administrator/Clerk RE: Replacement Appointments to Certain Offices and Positions within the City With the resignation of Councilmember Paula Callies, there are certain offices and positions that need to be filled by Council. Councilmember Callies was appointed to the positions noted below: Park Commission Liaison from January -June 2008 Metro Cities (AMM) representative Excelsior Fire District Board Member Council should determine who will serve in these positions on an interim basis until a new Councilmember is appointed. Council Action A motion to adopt a resolution amending appointments to certain offices and positions within the City of Shorewood for 2008. s®~® PRINTED ON RECYCLED PAPER Y~ ~~~ CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION AMENDING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 2008 WHEREAS, it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year; and WHEREAS, the City Council adopted Resolution No. 08-004 making such appointments; and WHEREAS, with the resignation of Councilmember Paula Callies since the adaption of that resolution, certain offices and positions need to be filled. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the following persons are appointed to the following offices and positions: Acting Mayor: Laura Turgeon Council Representatives to: a. Park Commission Liaison: January -June 2008 July -December 2008 b. Planning Commission Liaison Martin Wellens January -June 2008 Dick Woodruff July -December 2008 Laura Turgeon c. Minnehaha Creek Watershed District Liaison: Laura Turgeon d. Riley Purgatory Bluff Creek Watershed District Liaison: Laura Turgeon e. Lake Minnetonka Communications Commission: Richard Woodruff f. Metro Cities (AMM) g. Alternate Metro Cities (AMM) :Craig Dawson h. Coordinating Committee South Lake Minnetonka Police Department: M_ ayor i. Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Acting_MaYor j. Excelsior Fire District Board Member: k. Alternate Excelsior Fire District Board Member: Martin Wellens City Attorney: Tim Keane, Leonard, Street and Deinard City Prosecutor: Ken Potts Emergency Preparedness Director: SLMPD Police Chief Bryan LitseX Official Depositories: Beacon Bank, 4M Fund & other Depositories as necessary Official Newspaper: Sun Sailor. Notices may also be published in the Laker. Weed Inspector: Mayor Assistant Weed Inspector: Joe Lu o 2. That the Blanket Bond (Official Bonds) is approved. 3. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of January, 2008. Christine Lizee, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk ~~1 ~° SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: January 24, 2008 SUBJECT: Amendment to City Code regarding Sump Pump Connections In response to the Metropolitan Council's recent program of sanctions for "excessive" inflow and infiltration in the sanitary sewer system, the City of Little Canada (and other cities) undertook. measures to inspect properties for sump pump discharges into the sanitary sewer. In its program, it required that City staff or agents must be allowed inside properties to make the inspection and failure to do so would result in a fine. In a recent federal court case, a provision in the Code of the City of Little Canada regarding its inspection program was found not to be constitutional (per the Fourth Amendment search and seizure issues). The federal court ruled this mandatory entry and the intimidation of a fine was not appropriate for an administrative search. In the absence of consent to enter the property, the court concluded the city must execute an administrative search warrant or offer the option to allow the property owner to have a licensed private plumber report on the condition he/she finds. Shorewood's City Code Sec. 904.09, Subd. 2, addresses its authority to inspect for prohibited discharges into the sanitary sewer system. In light of the recent court ruling, I and the City Attorney have consulted and concluded that an amendment to the City's "sump pump ordinance" is in order to remain legal. The attached proposed ordinance would effect the amendment necessary. The changes are shown in strikeout/underline format below: "Subd. 2. Authority to inspect. Every person owning improved real estate that discharges into the City's sanitary sewer system shall ullew either consent to inspection by authorized City employees or its agents, as deemed appropriate and authorized by the City Council, or by dumber licensed by the State of Minnesota, of all properties or structures connected to the sanitary sewer system to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. In the absence of consent for City inspection or of an inspection by a licensed plumber selected by the property owner, the City shall have authority to secure an administrative search warrant for inspection. The authority to conduct further inspections on a property under this section shall lapse upon a determination that the property is in compliance with the requirements of this section." s. ~® PRINTED ONRECYCIED PAPER ' C`- I .r _ ; ~._ §(' Amendment to Code Sec. 904.09, Subd 2 (Sump Pump Ordinance) January 28, 2008, City Council Meeting Page 2 As a practical matter, all properties in the City have been inspected and are in compliance. This section as amended would remain in the Code should the need for it arise. The City's inspection program in the mid-1990s was performed by third-party contractors. The proposed amendment would also codify the City's past practice to allow property owners who objected to the City's inspections to have an inspection and report submitted by a person or firm with expertise. RECOMMENDATION: Staff recommends that Council adopt the proposed ordinance amending City Code Section 904. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 904 OF THE SHOREWOOD CITY CODE RELATING TO PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 904.09, Subd. 2, of the Shorewood City Code shall be amended to read as follows: Subd. 2. Authority to inspect. Every person owning improved real estate that discharges into the City's sanitary sewer system shall either consent to inspection by authorized City employees or its agents, as deemed appropriate and authorized by the City Council, or by a plumber licensed by the State of Minnesota= of all properties or structures connected to the sanitary sewer system to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. In the absence of consent for City inspection or of an inspection by a licensed plumber selected by the property owner, the City shall have authority to secure an administrative search warrant for inspection. The authority to conduct further inspections on a property under this section shall lapse upon a determination that the property is in compliance with the requirements of this section. Section 2. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28t~' day of January, 2008. Christine Lizee, Mayor Attest: Craig W. Dawson, City Administrator/Clerk MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: January 24, 2008 RE: Authorize Expenditure of Funds for Civil Defense Sirens A need identified in the Capital Improvement Program (CIP) is the replacement of the two civil defense sirens within the City of Shorewood. The sirens are located at 5590 Covington Road and 26350 Smithtown Road on the Minnewashta Elementary School Property. Bryan Litsey, Emergency Management Director, has advised all of the Cities under the South Lake Minnetonka Police Joint Powers Agreement that all of the sirens currently in operation have numerous problems and are in need of replacement. Public Works personnel strongly agree with this assessment and have solicited proposals for the two sirens located within the City of Shorewood. Staff understands that the City of Greenwood and the City of Tonka Bay have already secured contracts for the installation of these systems. Attachment 1 depicts a brief overview of the system proposed. Currently, the civil defense sirens are activated by the South Lake .Minnetonka Police or Excelsior Fire District personnel. Under the new systems, the sirens will be activated via the Hennepin County warning system. This is consistent with Emergency Management Director Litsey's directives for the new siren systems. The other lake communities are following this pattern, as well. Proposals have been provided by two vendors. Results of the proposals are shown below. Vendor Amount (*) Ready Watt Electric, Inc. $40,304.00 Federal Warning Systems, Inc.- $42,245.86 Table 1 * Includes taxes /C~ ~ S `PRINTED ON RECYCLED PAPER ®1r Mayor and City Council Authorize Expenditure of Funds, CD Sirens January 24, 2008 Page 2 of 2 Fifty thousand dollars has been budgeted for this expenditure within the Public Facilities Fund. Therefore the funds available are sufficient to cover the costs proposed. Recommendation Staff recommends approval of the expenditure of funds from the Public Facilities Fund for replacement of the Civil Defense Sirens, as outlined above. Furthermore, that proposal be accepted to Ready Watt Electric for an amount of $40,304. The 2001-130 Siren is a high power, rotating, uni-directional siren that offers ~n anechoic certified signal strength of 130 dB(C) +/- 1 dB(C) at 100 feet. The high decibel output provides maximum coverage with minimum. installation cost. Radio activation can further minimize installation costs by eliminating the need for leased dedicated control fines. The siren's projector produces a 60 degree projection of sound which rotates at 3 RPM and can produce three signals options: Steady, Wail, and Fast Wail The 2001-130 Siren will supply a minimum of 15 minutes of full power output from its batteries after AC power loss. The siren controls are available with battery operation, AC operation, and AC operation with battery back-up, One-way and Two-way radio control or landline. Ideally suited to provide warning for hazardous weather conditions, fires, floods, chemical spills, and other types of emergencies, the 2001 Siren is a perfect choice to protect any community. 1 ~ t o ~ t c > €~ ~ -r- ~ u -r- ~-~ ~mxr~s~ c~v~~za~ `rt-~ ~ ca - -rs r~t ~ w,~ €~ ~ r~ r~A~ ~~a~~ r~~a~r~"~r~wr° op~r~,~,~rtrv cam ~~.~r-r~R~ ~e~~~-~ ~rasr»a rtir~~orz w.~`~~~r~ r~~wPr'~,e~~' o~~r~ ~ °~E~a ~r~r~~ w~€~r.r~-r~r ~E1~EFIQL SIGNAL C[')RP~RATION Federal Warning Systems ~r ,:~., ~ ;~~. a~:~~.9~Y;E!~ '~~.'k~ ` :.# ,, e;_ ,x t{•- ~; ~:s >,: ;e ,, ;, 16+~~ . ~_, , - ;,_~. ~.' ~ _ ~ i ~_ F`EI7ERA~ SIGNAI. CURPORATIaN Federal Warning ~ysterns 2645 Federal Signal Drive, University Park, IL 60466-3195 Sales: 800/548-7229 • Fax: 708/534-4855 Visit us at www.federalwarningsystems.com Ci N F l`1 N~ 2001-130 Rotating Electro-mechanical Siren 130dB(C) +/- 1dB(C), 48v DC, Pole Maunt Included 2001AC' AC operated motor control, 208 or 220/240v AC (specify voltage) NEMA 3R control cabinet, two 48v DC contactors and transformer/rectifier, 182 lbs. 53 kg 2001 DC' Z 120v AC motor control, NEMA4 control cabinet, four chargers, two 48v DC contactors and NEMA 3R battery cabinet. 224 lbs. 102 kg 2001-130 Siren requires a Federal Controller such as FC or DFCB (See Controller Product Literature) 'For use with Electro-mechanical sirens. Antenna and cable are not included with any radio activation control and must be purchased separately. (See your FWS Representative). Batteries not included. Four Delco Voyager Model M24MF required. I..andlirre option 2001 HR Rotator Holding Relay for use with external timer ,` ~i ~, ~, w ..~.~ ,w 1i E~. j ii ,~ n, ~m,,. ,~A~, ~.~~IJ~ T o '> ~ ~ ili --. _ --. --,il~ ~~ tsc~ ac~o~. ~, !~ __ a ., :IY ry.~Yi~. x:n:, frts C/Uyealyd Fur Sias Page 1 of 1 Craig Dawson Subject: For the Council and inclusion in our next meeting record. Report on EFD District Board Meeting 23 Jan 08 There is also an Operating Committee for more administrative functions. We now meet the 4th Wednesday of every other month. We elected Deephaven's Kim Crockett to be the Chair for 2008. Doug Hill vice-chair (TB). 2007 should be under budget by maybe $6k. "Some city administrators stated they couldn't remember the last time the department stayed within its budget." That money will be rolled into their Reserve Fund which is woefully low. There were 80-fewer calls than 2006. The Chief says he's still struggling with his technology/computer budget and is implementing a plan for replacements. There was a Resolution 08-003 to give the Chief broad power to deploy forces (potentially at our expense) anywhere on earth, in the event of an emergency (without board approval). It is a response to State Statute #12 (not provided) related to the bridge collapse. It was unclear how reimbursement would work, evidently on a case- by-case basis. I successfitlly got language inserted to restrict this power to emergencies in the state of Minnesota only. Stats for 2007: Avg time to start the truck Avg time for truck on scene 2.84 min (2006 was 3.05 min) 3.40 min (2006 was 2.88 min) Each year many insurance providers issue a refired/dividend to their customers. The EFD gets about $800 /year. Usually it is rolled into the General Fund. A proposal was made to set up a find to collect this money specifically to pay our deductible in the event of a claim and to increase the amount of our deduictible so we can reduce the premium. Two members wanted to get approval from their Council before making such a change. Us other 3 didn't think that was necessary. It passed. Please tell me if I have overstepped my bounds and I will ask for reconsideration. The Relief Association is in good shape and fended at 110%. In the 12 Dec. minutes of one Operating Committee there is a reference to a "fiscal agreement with Deephaven." Since we have the JPA it is unclear what this could be. I have sent the Chief an email asking for State Statute #12 that relates to emergencies and a copy of this fiscal agreement with Deephaven. Respectfully, Shorewood City Councilman Martin R. Wellens 4755 Lakeway Terrace I~ 1/24/2008 CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address ,, ,~-- C 2. 3. 4. 5. 6. 7. 8. 9. 10.