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060908 CC Reg AgPCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 9, 2008 AGENDA 1 CONVENE CITY COUNCIL MEETING A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee Woodruff Turgeon Bailey Wellens 2. 3. 4. 5. B. Review Agenda APPROVAL OF MINUTES A. City Council Work Session Minutes, May 27, 2008 (Att. -Minutes) B. City Council Regular Meeting Minutes, May 27, 2008 (Att. - Minutes) C. City Council Work Session Minutes, June 2, 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 -Part-time, Temporary Office Assistant (Deputy Clerk's memorandum) C. Excelsior Firefighters Relief Association (EFRA) Fundraising Event (Dance) Temporary 3.2 Percent Malt Liquor License and Special Event Permit (Att.-Deputy Clerk's memorandum, Resolution) D. Appeal Notice to Remove (Att. -Planning Director's memorandum) Appellant: H.S. Jerome Location: 5220 Shady Island Circle MATTERS FROM THE FLOOR (No Council action will be taken.) REPORTS AND PRESENTATIONS 6. PUBLIC HEARING A. Ward System of Elections /Establishing Polling Places (Att. -Deputy Clerk/City Attorney's memorandum, Draft Ordinance, Resolutions, Maps) CITY COUNCIL REGULAR MEETING AGENDA -June 9, 2008 PAGE 2 OF 2 7. PARKS 8. PLANNING -Report by Representative A. House Moving Permit (Att. -Planning Director's memorandum) Applicant: Kristi and John Marquardt Location: 5985 Afton Road B. Minnewashta School Traffic Management Plan (Att. -Planning Director's memorandum) C. Use of Golf Carts on City Streets (Att. -Planning Director's memorandum, Resolution) 9. GENERAL/NEW BUSINESS A. Authorize Request for Proposals for Owners Representative for City Hall Renovation and Expansion Project (Att. -Acting Administrator's memorandum) B. Approve Plans and Specifications and Authorize Advertisement for Bids for the City Hall Renovation Project (Att. -Acting Administrator's memorandum, Plans and Specs, Resolution) C. Appeal Sanitary Sewer Connection (Att. -Engineer's memorandum) Appellant: Janet Sue Molin Location: 4405 Enchanted Point 10. ENGINEERING/PUBLIC WORKS A. Award Contract for the 2008 Mill and Overlay Project (Att. -Engineer's memorandum) B. Authorize Expenditure of Funds for the Control Portion of the Design Build Contract for Amesbury Well Controls (Att. -Director of Public Works' memorandum) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Remodeling Project Update 2. City Administrator Search Update B. Mayor & City Council 12. 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, 9 June 2008 6:00 p.m. -Council Work session is scheduled Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staff requests approval to hire Ms. Barbara Pyle to provide occasional front-desk receptionist assistance, contingent upon a favorable background check. Ms. Pyle served in this capacity from approximately 2003-2005, and is now available again for this occasional part-time help. As a temporary, part-time appointment, this position is not eligible for benefits. Sufficient funds are in the General Government/City Clerk budget (Dept. 41400) for part-time front desk help. Agenda Item #3C: The Excelsior Firefighters Relief Association (EFRA) has submitted applications for its 24th annual fundraising event to be held at EFD Sta. #1 (West Sta.), 24100 Smithtown Road, on July 18, 2008. The event will take place between the hours of 5:00 P.M. and midnight. It is the EFRA's only fundraising event, and has historically been profitable. The EFRA is requesting: a. A temporary license to sell 3.2 Percent Malt Liquor; and b. A Special Event Permit, as required in the CUP for the South Lake Minnetonka Public Safety Facility-West Staff recommends approval of the requested permits, contingent upon receipt of the appropriate Certificate of Liability Insurance documents, which the EFRA is in the process of securing. Agenda-Item #3D: Henry Jerome has requested additional time to comply with a Notice to Remove for his property at 5220 Shady Hills Circle. Staff will inspect the property on Monday to determine progress on the cleanup. A brief memo will be available for the Council's review prior to the meeting. Agenda Item #6A: This is the Public Hearing to receive public comment on the consideration of the elimination of Election Wards. In addition, Council action is needed on establishing polling locations. The staff memorandum provides background information and written comments received by residents on this topic. Also identified is the Council .Action needed if Council determines to eliminate Wards in time for the 2008 election, and the Council Action needed if Wards are not eliminated for 2008. j®r0 PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of 9 June 2008 Page 2 of 2 Agenda Item #8A: John and Kristi Marquardt propose to move their existing home from their property at 5985 Afton Road to a location west of the Twin Cities. The City Engineer has approved the proposed route of the move, and the police have directed them to move between the hours of midnight and 5:00 A.M. Staff recommends approval of the permit. Agenda Item #8B: The Minnetonka School District has submitted a preliminary parking management plan for the Minnewashta Elementary School. Staff has identified a number of issues to be resolved in the plan. Mike Condon will be at Monday night's meeting to answer questions. Agenda Item #8C: At the Council's request, the Planning Commission reviewed the issue of golf carts on city streets. The Commission voted unanimously to not recommend an ordinance that would allow such use. It should be noted that the Planning Commission minutes from Tuesday night are not available as of this writing. If the Council wishes to review the Planning Commission's comments, this item can be continued to the 23 June meeting. Agenda Item #9A: On June 2"d, staff presented a brief summary for oversight options during the construction of the Shorewood City Hall Renovation and Expansion Project. The feedback received from the City Council was positive, with regard to soliciting proposals for oversight of the construction project. Staff is recommending approval of a motion that authorizes publication of the RFP shown as Attachment 1 for the solicitation of proposals for an Owners Representative. Agenda Item #9B: Staff is recommending approval of resolution that approves the plans and specifications for the project and authorizes advertisement of bids. If approved, the bid opening is to take place at 10:00 a.m., Wednesday, July 9t", 2008, at the Shorewood City Hall. Agenda Item #9C: Ms. Janet Sue Molin was sent a "Notice to connect to Sanitary Sewer" to connect her property at 4405 Enchanted Point to the public sanitary sewer and has asked for an exception for properties with private sewage disposal systems in existence prior to the construction of the sanitary sewer. Staff recommends denial of this request. Agenda Item #10A: Bids were received, opened, and tabulated on June 4t" for the bituminous mill, overlays and appurtenant work for Apple Road, Blue Ridge Lane and Cathcart Drive. Midwest Asphalt Corp. is the lowest bidder with a total bid of $155,672.30. The total for all street maintenance projects exceeds the 2008 budget amount. Staff recommends approval of a resolution that awards a contract of $155,672.30 to Midwest Asphalt Corp. Agenda Item #IOB: On October 22, 2007 the City Council accepted the proposal for professional services by Instrument Control Systems, for the design build phase of the Amesbury Well Control Project. The design has been completed and Staff is recommending a motion for approval for the authorization for the expenditure of funds for the controls and system in the amount of $109,123. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION TUESDAY, MAY 27, 2008 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Mayor Lizee called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens, and Woodruff; Associate Attorney Maier (joined the meeting at 9:42 P.M.), Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen, and Engineer Landini Absent: None B. Review Agenda Wellens moved, Woodruff seconded, Approving the Agenda as presented. Motion passed 5/0. 2. REVIEW CITY ADMINISTRATOR Rl? SU I\~1 r S Acting Administrator Brownintroducted 1VIs. Sharon Klumpp, Springsted and Associates, and stated Council had been provided with credentials for eight candidates for the City Administrator position. He noted during the discussion it was important: to refer to each candidate by the number associated with them for confidentiality reasons. Ms. Klumpp explained twenty one applications had been received, and thirteen of them met the minimum requirements. After further review nine candidates were asked to participate in the initial interview process. Eight candidates were recommended for consideration by Council. Background and reference checks will not be done until Council selects which candidates it wants to interview. This evening she would like Council to select the 4 to 5 candidates it would like to interview. She also provided a draft interview format and interview questions for consideration. She requested Council clarify its position on reimbursement of travel related expenses for the candidates. She stated she had interviewed all of the candidates presented to Council and each of them was very interested in the position. Councilmember Woodruff said the package provided to Council was very thorough. He selected candidates 1, 2, 4, 5 and 8. Councilmember Turgeon selected candidates 3, 5 and 8. Councilmember Bailey stated Ms. Klumpp had done a very thorough job, but he was uncomfortable with the part of the process where Council was asked to select candidates based on their resumes. He said Ms. Klumpp had a better understanding of the candidates then Council did because she had interviewed them. He referenced candidate 7 as an example. Ms. Klumpp stated candidate 7 had worked in the parks and recreation area, and people in that position generally have a strong interest in sustainability and are adept #Za CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 27, 2008 Page 2 of 7 at collaboration. The candidate possesses strong management skills, and had professional maturity. The candidate also wants to return to the area for professional and personal reasons. She commented salary could be an issue. Councilmember Bailey stated he would prefer Ms. Klumpp recommend five candidates; he was concerned that Council may not select candidates that Ms. Klumpp thought were the best. He said the only basis for his selecting candidates was on experience as shown on the resume; he wasn't sure that was the correct approach. He did not think it would be beneficial to interview all eight candidates. Ms. Klumpp stated she would provide comments if she thought there were other things that should be considered about a candidate. Councilmember Bailey selected candidates 1, 3, 4 and 6. Councilmember Wellens selected candidates 2, 4, and 8. Mayor Lizee stated she was pleased with the process, and she appreciated the narratives Ms. Klumpp provided about the candidates. Mayor Lizee selected candidates 1, 3, 5, 7, 8. Mayor Lizee summarized candidate 8 had four votes and candidates 1, 3, 4, and 5 had three votes. Councilmember Bailey asked Ms. Klumpp if there was a candidate she thought should have been selected: Ms. Klumpp stated candidate 8 was a "rising star", "I~he candidate would bring a lot of experience to the job. The candidate is ready to move into the position and had sought many leadership opportunities. She was comfortable with candidate 1, although the candidate had moved around a lot; this candidate wants to return to City government after having spent time i~l the housing development area. She understood the candidate's reasons for his more recent movement between jobs. She noted candidate 5 was actively pursuing other opportunities, and this candidate was very bright and a good project manager. Candidate 2 was not selected; this candidate was very articulate, has strolig interpersonal skills, and a fascination with how work gets accomplished. There was consensus that candidate 2 could be an alternate should one of the selected candidates not interview. Ms. Klumpp said she would Like feedback on the interview questions she distributed by June 9`~'. She usually suggested 14 - I S questions; her list contained 18, but the last 4 questions should go fast. Councilmember Woodruff requested each Councilmember be allowed to ask one additional question of their choosing. Ms. Klumpp stated if that was going happen the list would have to be pared down. Ms. Klumpp reviewed the interview schedule. Candidates would have a City tour on the afternoon of June 13`x' (Acting Administrator Brown will coordinate the tour), and there would be an informal meet and greet session late in the afternoon. Interviews would be conducted on Saturday, June 14"'. The Councilmembers were agreeable to the dates. One hour per candidate was scheduled for the interview, and the entire Council would participate. After ensuing discussion, there was consensus to reimburse mileage at the IRS rate if mileage was in excess of 50 miles; if an overnight stay was required, lodging and per diem would be reimbursed up to $250. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 27, 2008 Page 3 of 7 Ms. Klumpp recapped that Council will interview candidates 1, 3, 4, 5 and 8; should one of the candidates chose not to interview candidate 2 will be chosen to fill that slot. 3. COLLABORATIVE DESIGN GROUP -REVIEW CITY HALL BUILDING PLANS, SPECIFICATIONS AND ESTIMATES Acting Administrator Brown stated Collaborative Design Group (CDG) submitted the building plans for the City Hall renovation. The original intent was to have Council approve plans and specifications for the project at its regular meeting this evening. However, the mechanical plans, the drainage plans and some other of items of key interest are not ready. The items remaining are critical elements of the project and cannot be separated from the building plan approval; therefore, approval of plans and specifications will be scheduled for the June 9t'' meeting. He noted CDG has indicated a substantial completion date of March 1, 2009. Acting Administrator Brown introduced Mr. Brian Lubben, with CDG. Mr. Lubben stated the plans are changing day-by-day, primarily to accommodate mechanical and electrical requirements and some civil changes to the site. To date the City had been given 27 sheets of the plan and there are probably another 20 sheets pending; most is coordination of architectural, mechanical, and electrical things. He explained they were working on assembling an advertisement for bid that could be published; during that process it became apparent that the City's schedule was more aggressive then what could realistically be done. The bid date is July 9`~' and he anticipated the contract to be signed with the contractor the first of August. Based on those dates he determined a substantial completion date of March 1, 2009, which allows seven months for construction. The City could ask the contractor to do it faster, but it would likely cost more to do so, It should be possible to build the shell of the addition and have it enclosed in three months; one month for demolition work, one month for foundation work, and one month for framing. The current plan is interior renovation will begin August ls~ and continue for three months while the shell for the addition on the north end is being built, and then another three months, to finish the interior on the north end of the building. In response to a question from Mayor l~izee, Mr. Lubben stated there will be some difficult months for Staff when interior renovation of the cYisti~~g~building is in progress. Mayor Lizee said it may be wise to plan for Council and Commission meetings to be held off-site starting August. Mr. Lubben stated it may not be necessary the entire time, but it would be a good idea to plan for it. Acting Administrator Brown said when the carpet was replaced in City Hall, staff moved into the Council Chambers to work; it should be possible to do that again. Councilmember Turgeon stated because the bidding process will be later than originally thought, slle suggested special Council meetings be called if necessary to expedite the process where possible. Councilmember Woodruff expressed leis disappointment with the March 1, 2009 date. He stated a substantial completion date of October 2008 had been discussed a number of times. He also expressed disappointment with not having the completed plans and specifications available this evening. He asked Mr. Lubben if he was confident the plans would be completed by the date specified. Mr. Lubben stated the people responsible for mechanical, electrical and civil components of the plan were being pressured to get them completed. Councilmember Woodruff stated a suggestion had been communicated to CDG regarding adding windows on the solid exterior wall of the addition on the north and possibly relocating the storage space planned for the new Council Chambers area. The new plans do not reflect those suggestions. Mr. Lubben stated CDG considered relocating the storage space, but there was not anyplace else to put it because of CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 27, 2008 Page 4 of 7 the shortage of space; it either had to be located there or there wouldn't be a place. He then stated the solid exterior wall actually added dimension to the building. Mr. Lubben stated he didn't think windows would be appropriate because the roofline defines the Council Chambers; but there maybe something else that can be done. Mayor Lizee stated everything will be softened with landscaping. Councihnember Bailey stated his disappointment that he was not sure his suggestions were conveyed by CDG representatives at the open house to the other CDG personnel. Mr. Lubben stated CDG thought it was difficult to change those things. Councilmember Weilens echoed Councihnember Woodruffs disappointment with the schedule delays; Mr. Lubben stated there was additional design time which he did not think was a bad thing. CDG pulled back for the open house, as CDG thought there may be changes. The lack of a survey for the entire property also caused a delay. Councilmember Woodruff commented the recommended changes were trivial. Councilmember Turgeon stated from her vantage point the City had some accountability for the delay in schedule. The issue at hand was how to get the project back on schedule. Mayor Lizee stated the original schedule was extremely aggressive, and she questioned it from the beginning. City Hall was originally a residential building. There are certain requirements for a public space and the process for renovating it are different. She it was important to be aggressive, but there was a process that had to be followed. Mr. Lubben stated during the bid process there could be a request for a January 31, 2009, completion date. If there was a significant reaction to that date it would he apparent that it was not possible. Turgeon moved, Woodruff seconded, recessing the work session to a City Council regular meeting at 7:03 P.M. Mayor Lizee reconvened the work session at 9:42 Y.M. Associated Attorney Maier joined the meeting at this time. 4. CONSTRUCTION MANACTF,MENT OF CITY HALL This was discussed after Item 5 on the agenda. Acting Administrator Brown estimated a construction manager for the City Hall renovation would be 2 percent of the project cost. Brian Lubben, CDG, said the cost would more likely be 5 percent. Based on a $1 million renovation effort, the cost for a construction manager would be approximately $50,000. He explained if the City used a construction manager, the manager would be the contracting agency and would carry out private bids on behalf of the City. A benefit of a construction manager may be a reduction in change order costs which would offset the cost for the manager. Councilmember Woodruff stated he had received an unsolicited proposal from a firm in December 2007 to serve as the construction manager, and the cost was in the $50,000 range. He supported the use of a construction manager. Staff had a full work load, and having a dedicated resource to oversee the project would be worthwhile. He recommended the City solicit quotes. Director Burton clarified the cost could be capitalized as part of the project costs. Mayor Lizee stated this would be added to the June 9"' agenda. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 27, 2008 Page 5 of 7 5. BOULDER BRIDGE ROAD REHABILITATION This was discussed before Item 4 on the agenda. Acting Administrator Brown stated at its January 28, 2008, meeting Council discussed a proposal from the Boulder Bridge Farm Homeowners Association (HOA) to mill and overlay Boulder Bridge Drive, Boulder Bridge Lane and Boulder Bridge Circle. The City had planned to sealcoat the three roadways in 2008. The HOA also requested Council allow the HOA to contract for the mill and overlay. Council had concluded if roadways were to be milled and overlayed the Association would have to pay the cost difference between the mill and overlay and the sealcoat; the City would be the letting agency for the project. After the meeting, Staff conveyed the City's conditions to the representatives of the HOA, and the representatives were to get further direction from the HOA board. He then stated Blair Bury and Tom Wartman, representatives of the HOA, were present this evening to provide an update of the HOA board discussion and to seek additional feedback from Council. Mr. Bury stated he was a resident in the Boulder Bridge Farm subdivision. The HOA had attempted to determine what the difference in cost would be, and what the v~(qe added would be for the City if the roadways were milled and overlayed. The HOA thought the expected life of a mill and overlay was approximately three times as long as a sealcoat; therefore, the 1 IOA thought it should get credit for the value added. The HOA questioned if there is a way for the FIOA to contribute to the City's roadway maintenance capital fund for the mill and overlay of the roadways. 1-1e commented the City had recently accepted a bid for the 2008 sealcoat project and in the next two weeks it would have a bid for 2008 mill and overlay project; once the City had both bids it would be possible to determine the actual difference in cost. When that difference was known and the value added determined, the City could determine what the HOA's contribution should be. The HOA also questioned if the HOA could be responsible for contracting for the mill and overlay work; the HOA thought it may be possible to get the work done for a lesser cost. The HOA thought some portion of the roadways are in need of -nill and overlay in order to protect the City's investment in the roadways. Although Boulder Circle was not in the subdivision, it would be included in the mill and overlay project; the HOA would be responsible for collecting the fiords from residents on Boulder Circle for the proJ~ect. He would have to take the information, including the cost to the HOA, back to the HOA board for discussion. He noted Tom Wartman, the original developer of the subdivision and a resident, was also present this evening; Mr. Wartman is on the HOA board. Mayor Lizee stated the City has not done any public/private partnerships, and it did not have a road assessment policy for road improvements. The proposal would result in sometlli-Ig like a self assessment by the HOA. There were a number of legalities that must be discussed with the City Attorney. Councilmember Wellens liked the concept of the proposal. He suggested HOA representatives meet with Staff to determine the cost, and any long-term savings that could be realized by doing a mill and overlay rather than a sealcoat could be shared by the HOA and the City. Councilmember Bailey stated the public/private partnership was an interesting idea, but he could not support the value-added credit the HOA wanted to receive. The HOA was requesting the mill and overlay be done earlier than planned; therefore, it should pay the additional cost to do so. He thought the City should be the letting agency. Acting Administrator Brown stated he was not aware of any vehicle to contract for the work privately. If it were bid publicly the Council could chose to assess for that portion of the improvement. Staff had not talked about a private development agree-nent. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 27, 2008 Page 6 of 7 Councilmember Woodruff stated it was an interesting and good concept. He thought the City should be the letting agency. He was concerned about giving the HOA a credit for value added. He was not in support of assessing the HOA for the difference; he recommended the City be paid up front for the additional costs. Councilmember Turgeon stated in January 2008 Council concluded if the HOA wanted to pay the difference between the cost to sealcoat and the cost to mill and overlay, the City would be willing to do it. She thought giving a credit for the value added could set a precedent, and she was not sure how that could be handled. Mr. Bury stated Boulder Bridge Drive was constructed in 1981 and Boulder Bridge Lane was constructed in 1983. He thought one sealcoat, and possibly two, had been applied since the roadways were constructed. If the City goal was to sealcoat a road every seven years, the roadways should have had three sealcoats. The HOA thought the value of a mill and overlay was equivalent to three sealcoats in today's dollars. It wanted to know if the HOA could pay the difference in cost between three sealcoats and one overlay in today's dollars. Mr. Wartman stated when he developed the subdivision he constructed quality roadways. There had been one sealcoat to Boulder Bridge Drive since it was constructed. The roadways in the subdivision are in disrepair. Some of the residents of the subdivision do not think the HOA should contribute to the cost of a mill and overlay; that is the City's responsibility. He commented there are roadways in the City that are in worse shape than Boulder Bridge Drive. He had irk=itiated the discussions about this proposal. If there were other neighborhoods that wanted to contribute to mill aild overlays, the City would come out ahead. He was not sure sealcoating Boulder Bridge Drive, Boulder Bridge Lane and Boulder Bridge Circle (for what he estimated to be a cost of $22,000 - $24,000) would add much to the structure of the roadways. The mill and overlay would make more sense. ITc stated he was trying to convince the HOA that it could contribute $70,000 - $80,000 to a mill and overlay effort. Mr. Bury had estimated the cost to be $125,000 - $130,000 for the effort, and he thought the City estir~'ated the cost to be $180,000. The HOA wanted to work with the City on this. But, the HOn ihou~.;ht the City had to contribute more to the effort than the cost of one sealcoat to make it workable; i€~ the City was only going to contribute the cost of a sealcoat the HOA would not move forward. The roadways in the subdivision had not been much of an expense for the City since it was developed, bat the HOA strongly thought the subdivision had been a substantial tax base. If the City only does a sealcoat, the HOA will continually be before Council to repair the roadways to the level they were originally built. Councilmember Bailey stated the roadways in the subdivision were not scheduled for mill and overlay this year; if the City were to contribute funds for that effort it would have to use funds slated to be used for other roadway improvements. Mr. Wartman stated Boulder Bridge Lane on the north cul-de-sac was in such a state of disrepair that it needs a mill and overlay. In response to a question from Mr. Wartman, Councilmember Bailey explained Staff determines the priority for roadway improvements based on a rating matrix. Councilmember Woodruff stated if there was a change in condition that was not factored into the rating matrix for roadways, Staff could inspect the roadways and decide if its rating should be changed. Acting Administrator Brown stated Staff did not think there was a reason to change the rating of the three roadways. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 27, 2008 Page 7 of 7 Mayor Lizee stated she was hearing the HOA ask the City to mill and overlay its road and follow a public process to do so. She clarified the City would contribute the cost for sealcoating the roadways to the mill and overlay effort; there would not be any value-added credit. Councilmember Woodruff stated it would require more Staff time for a mill and overlay effort than for a sealcoat effort. Mr. Bury stated the HOA was not questioning the City's rating of roadways, and it understood the City had budget constraints. The issue at hand was budget. In the next few weeks the City will know the cost to mill and overlay the roadways. He requested the City consider not doing the sealcoating of the three roadways in 2008, and doing a mill and overlay of them in 2009 with the City contributing more than the cost of sealcoating. It would be a win for both the City and the subdivision. The HOA did not have an issue with a public bid process. Councilmember Turgeon stated once the budget process for 2009 was started the Council would have a better understanding of what the 2009 budget would be for mill and overlay projects in 2009. Mayor Lizee stated the City was open to creative problem solving. Associate Attorney Maier stated if public dollars are used for a project it has to go through a public bidding process. Associate Attorney Maier departed the meeting. Discussion returned to Item 4 on the agenda. 6. OTHER There was no other business for discussion. 7. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Work Session Meeting of May 27, 2008, at 10:31 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, MAY 27, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 7:10 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens, and Woodruff; Associate Attorney Maier; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None B. Review Agenda Councilmember Turgeon stated at a work session prior to this meet~g Council stated it would like to add Item 9.B, Expense Reimbursement for City Administrator.Candidates, to the agenda. Acting Administrator Brown requested Item 3.F, Hennepin County Joint Cooperation Agreement for Fiscal Year 2009 - 2011, be moved to a June 9, 200b, Council meeting agenda. Turgeon moved, Wellens seconded., Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, May 12, 1008 (Att. -Minutes) Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of May 12, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, May 12, 2008 (Att.- Minutes) Woodruff moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of May 12, 2008, as Amended in Item 9.D, Page 5, before Paragraph 1, insert new paragraph "Acting Administrator Brown suggested check 46565 be removed from the verified claims list, and Staff would seek input from Ms. Fish and the Park Commission about the garden at City Hall and the possible reallocation of the $100." Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. #aB SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 2 of 14 Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing -Appointment of a Temporary Position for Public Works Seasonal Help C. City Clerk's License List D. Accept Proposal for Safety Services with Safe Assure E. Authorize Expenditure of Funds for Fuel Tanker Trailer F. Hennepin County Joint Cooperation Agreement for Fiscal Year 2009-2011 CDBG (This was moved to a June 9, 2008, City Council regular meeting agenda.) G. Approval of Multiple Dock Facility License for Shorewood Yacht Club H. Appeal Notice to Remove (This was moved to Item 9.C under General/New Business.) Councilmember Wellens questioned if check # 46618 included Attorney Keane's labor cost to perfect and file the confession of judgment against Pastor Nyambu; Attorney Keane had offered to prepare the necessary affidavit and filing at only the expense of the filinb fce to the City. Director Burton stated it did not. Motion passed 5/0. 4. MATTERS FROM THF. FLOOR Dick Osgood, a Shorewood resident, ~}as present, representing the Lake Minnetonka Association as its Executive Director. He thanked the City for its $6,000 in funding for the herbicide treatment of Eurasian Watermilfoil (EWM) and curlyleaf pondweed in Phelps Bay in 2008, as well as the City's residents on Phelps Bay for their contributions. He stated the herbicide treatment of Carmans, Grays, and Phelps Bays was done on May 13, 2008, and May 14, 2008. His expectation was this treatment would produce positive results based on 2007 treatments and treatments in other parts of the Unites States. There was strong belief that this three bay milfoil treatment program was the first step in getting rid of EWM on Lake Minnetonka. He commented he would stay through the discussion of the Lake Minnetonka Conservation District 2009 Budget because the budget including funding for this project in 2009. Councilmember Woodruff said the signage he observed about the treatment effort stated there was a fish consumption advisory for a short period of time. He recommended similar signage be posted at the Minnetrista and Spring Park .boat launches in future years. Mr. Osgood clarified the fish consumption advisory should not have been on the signs on Grays and Phelps Bays; those signs were incorrect as there was no fish consumption advisory. The signs were replaced prior to Memorial Day weekend. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 3 of 14 5. REPORTS AND PRESENTATIONS A. Audit Report by Andrew Berg, CPA, Abdo, Eick & Meyers, LLP Chair Lizee explained the City of Shorewood's 2007 Comprehensive Annual Financial Report (CAFR) had been prepared. Mr. Andrew Berg, CPA, with the independent CAP firm of Abdo, Eick & Meyers, LLP, would highlight the findings. Mr. Berg congratulated the City for receiving the Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for its CAFR for the fiscal year ended December 31, 2006 (this was the fifteenth consecutive year that the City had received the Certificate). He anticipated the City would again receive the award for fiscal year ended December 31, 2007. Mr. Berg stated his firm had issued a "clean" opinion on the financial statements; there were no findings found throughout the audit. He noted there were no instances of non-compliance with Minnesota statutes. He said Staff was very cooperative in providing the auditors the information they needed. Mr. Berg provided a financial overview of the City's General° Fund expenditures and revenues. He explained during 2007, the General Fund revenues had exceeded expenditures by $377,603 which resulted in an increased fund balance of slightly over $3.76 million, or 71% of 2008 budgeted expenditures. He commented the City adopted a General Fund Balance Policy in 2007 which had an objective of maintaining a General Fund balance of 5~% - 60% of budgeted expenditures, and recommendations for use of the fund balance in excess oC 60%. He explained approximately 84.2% percent of the City's revenues and transfers in (for ?007, approximately $4.34 million out of $5.14 million) came from_property_taxes._Approlimately 52.x% of_the expenditures .and transfers. out were related to general government and public safety.. Councilmember Wellens requested the Genera) Fund revenues/transfers 3-year trend chart be modified to show property taxes in one chart and the remainder of the income sources in another chart; the separation of incomes would make it easier to identify the changes in the other sources. Mr. Berg stated by charting all the income sources together it quickly depicts the vast majority of the City's income is from property taxes. He suggested a second trend chart be added for the other sources of income. Wellens also suggested a 5-year trend chart rather than 3-year trend chart be prepared for both revenues/transfers in and expenditures/transfers out. With regard to Debt Service Funds, Mr. Berg stated the 1993 Improvement and Refunding Bonds had been paid in full in 2006, and Council approved a transfer of remaining funds in 2007 to close the fund. The Waterford III Tax Increment Bonds had also been paid in full, and the balance of that fund should be used for a purpose consistent with the tax increment financing plan. He stated the 2002/2003 Public Safety Facility bonds funds issued $10 million of refunding bonds during 2007; until the crossover refunding date both the old and new bonds will be reported on the financial statements. In response to a question from Councilmember Woodruff, Mr. Berg stated these bonds did not count toward the City's levy limits. With regard to Capital Projects Funds, he explained there was an increase of $275,730 in the combined fund balances for all capital projects funds in 2007. The MSA Construction fund had a deficit of $34,902, and he recommended the City monitor that deficit and put a plan in place to eliminate the deficit. This fund also owes $550,000 to another City fund; this is partially offset by an approximate SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 4 of 14 $400,000 receivable owed by Hennepin County for the County Road 19 project. The 2006 year-end Street Reconstruction Fund had a balance of over $1.2 million. Mr. Berg then highlighted the Enterprise Funds (sewer, water, storm water management, recycling and liquor). With regard to Liquor Funds, he explained the City's liquor operations were sold in 2007; therefore, the audit report shows total assets of $937,073and total of $14,919 as of December 31, 2007. He recommended the City determine what should be done with the remaining Liquor funds. Mayor Lizee questioned what portion of the $922,154 Liquor Fund balance were proceeds from the sale of the Liquor Operations. Director Burton subsequently responded that cash increased by approximately $481,000 from the sale of the liquor assets. Mr. Berg said the water fund had slightly more than $3.74 million in cash and cash equivalents and $3.665 million in bonds payable. Revenues remained consistent with the prior year while operating expenses increased. Mr. Berg said the Sewer Fund balance, had a reserve balance of approximately $4.38 million. Fund revenues increased slightly over 2006 and expenses increased by $:166,469, mainly due to Metropolitan Council Environmental Service fees; the result was an operating loss of $128,814 for 2007. He recommended the City monitor operations to ensure rates arc sufficient to cover operating expenses, debt service and future capital needs. Mr. Berg said there is an approximate balance of $94;600 in the recycling fund. There was a significant decrease in operating revenues and expensesduring 2007. This was caused by the City no longer billing residents for the City's Spring Clean-up Day; residents now participate in the program voluntarily. With regard to the Stormwater Management Utility Fund, he explained there was an approximate balance of $322,000. Operating revenues increased in 2007 due to a rate increase; he recommended the City review operations and effectively budget to ensue operations of the fund are a success in the future. He explained the debt-to-assets leverage increased to 44% from 33% during 2007 primarily due to the crossover bond refunding. The debt service coverage ratio of 130% indicates the City is generating enough cash to cover its debt service expenses. The bonded debt per capita increased to $3,301 from $2,488 primarily due to the crossover bond refunding. The taxes per capita increased to $581 from $544; the higher the amount the more reliant a city is on taxes to fiord its operations. The capital assets percentage decreased 3% for governmental activities and remained the same for business-type activities; a higher percentage indicates newer assets and a lower percentage indicates older assets. In response to a question from Councilmember Woodruff, Mr. Berg explained the City has to implement the Governmental Accounting Standards Board (GASB) Statement No. 45 standards effective January 1, 2009. This should be of minimal impact to the City. Mr. Berg noted the State set levy limits of 3.9% for the next three years. In response to a question from Councilmember Turgeon, Mr. Berg stated the year-end adjusting entries related to the GASB Statement No. 34 adjustments; the crossover bond refunding; and normal year-end accounting entries. The number of entries was relatively low for a city the size of Shorewood. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 5 of 14 Mayor Lizee thanked the Finance Department and the audit firm for their efforts. She stated the GFOA Certificate of Achievement was a reflection of the quality of work done by the City's Finance Department. Woodruff moved, Turgeon seconded, Accepting the 2007 Comprehensive Annual Financial Report (CAFR) and Recommending the CAFR be sent to the State Auditor for review. Motion passed 5/0. 6. PUBLIC HEARING None. 7. PARKS -Report by Representative A. Report on Park Commission Meeting Held May 13, 2008 Commissioner Trent reported on matters considered and actions taken at the May 13, 2008, Park Commission meeting (as detailed in the minutes of that meeting). ~, Councilmember Woodruff stated the old shed was still at I~rccman Park; it was supposed to have been removed when a new one was built. He said Acting Administrator Brown had informed him the old building would be removed in the near future. Woodruff then stated there was a well that was not used at the Skate Park which he understood was in the process of being decommissioned. There is currently water at the Skate Park because of a water extension from the Barrington Development, so he suggested the Park Commission make a recommendation i f .water fountain should be installed. Councilmember Turgeon stated there was a ~rcat deal of debris around the concession stand at Freeman Park. She questioned why the path by field two going north was not blocked off; it was her recollection that it used to be blocked. /acting Administrator Brown stated there had to be access for emergency vehicles and he was not a~warc it had been closed off. Mayor Lizee stated she frequently received questions about why Cathcart Park was a Shorewood park when it was located in Chanhassen. Slle noted the City had put a skating rink in the Park, and the park was in need of repair. She questioned if the Park Commission or Staff had considered meeting with Chanhassen representatives about sharing the cost of repairs and maintenance. Acting Administrator Brown stated there was an item on the Staff's task list to contact the Chanhassen Park and Recreation Director. Josh Trent stated the Park Commission had discussed that concept and was in support of it. With regard to the Free Fun Fridays Commissioner Trent spoke about, Mayor Lizee commented she thought it was a great program and she commended the Commission for getting retailers and other agencies to sponsor some of the events. 8. PLANNING -Report by Representative Commissioner Gniffke reported on matters considered and actions taken at the May 20, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). With regard to the Planning District 6 discussion Commissioner Gniffke spoke about, Councilmember Turgeon stated it was her understanding the owners of the properties in Planning District 6 and the C- SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 6 of 14 2 District requested an extension before the City would consider amending the Planning District 6 Area Plan. The Commission had already drafted the amendment. 9. GENERAL/NEW BUSINESS A. Lake Minnetonka Conservation District 2009 Budget Acting Administrator Brown stated this evening's meeting packet contained a draft 2009 Lake Minnetonka Conservation District (LMCD) budget and an accompanying cover letter from Greg Nybeck, Executive Director of the LMCD. He explained the proposed levy to the member cities is $376,617, an 18.3% ($58,479) increase over the 2008 levy. There are three items that primarily contribute to the increase. There is $20,000 budgeted to address the LMCD's reserve fund balance; an increase of $1.5,000 over 2008. There is a $7,500 decrease in the court fine revenue budget, and a $2,500 increase in LMCD prosecution fees. There is $30,000 budgeted for the Three Bay milfoil treatment project for the treatment of Eurasian Watermilfoil and curlyleaf pondweed on Carmans, Grays, and Phelps Bays; this effort was funded at the same amount out of the LMCD "Save the Lake" funds in 2008. Mayor Lizee stated Rich Siakel, the City's representative to the LMCD, was present this evening to address Council. Mr. Siakel stated this is his first opportunity to come before Council regarding the LMCD since he assumed his position three months ago. He explained that the City's portion of the proposed levy would be a 15.5% increase over 2008. He stated when the budget was being drafted he suggested the budget have aline-item for funding the herbicide treatment project. The current milfoil harvesting program is ineffective; it's similar to cutting grass. The herbicides used in the current herbicide treatment program indicate it can reduce the gro~~~th of milfoil. After the first few years the cost of the herbicide treatment goes down signiticantly; and after the initial first few years of herbicide treatment, substantially more acreage of milfoil could be treated with herbicides than with harvesting for the same amount of money. He stated this is the proposed draft budget; if the budget has to be reduced, it is his hope the line-item for the milfoil treatment program will stay in the budget and other reductions will be considered. He commented in 2008 the LMCD is spending $35,000 for a code enforcement project which is enforcing one ordinance; complaint based enforcement could possibly be considered. Councilmember Woodruff described the LMCD in general; he explained the LMCD was created by State Statute; it is responsible for the surface of Lake Minnetonka; the City is responsible to the lakeshore; and the Department of Natural Resources (DNR) and the Minnehaha Creek Watershed District (MCWD) have other areas of responsibilities. The LMCD has the ability to levy taxes. The LMCD Board has a representative from each of the fourteen lake area cities. The member cities' councils can review and comment on the LMCD budget, but they cannot veto or approve a budget. Councilmember Woodruff supports the funding for the general reserve fund. He stated he did not think the $30,000 budgeted for the herbicide treatment program is sufficient. The projected costs for the program in 2009 are $175,000, and a $25,000 grant is expected from the DNR; therefore, other sources must fund the remaining $1.50,000. He recommended the LMCD consider funding all of the remaining $150,000. He commented he thought it was a State, Hennepin County, Metropolitan Council, and DNR funding problem; but, someone has to take the lead and it is not fair to the individual property owners to have to fund the effort alone. He stated from his vantage point the LMCD should take ownership of the treatment program. The Lake Minnetonka Association (LMA) has done a great job in developing and conducting the program to date; but it's the LMCD responsibility to do such things. He commented the LMA should stay involved. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 7 of 14 Councilmember Turgeon stated if all member cities have their representatives convey their cities don't support an 18.3% budget increase and vote accordingly, the cities would have an impact on theLMCD budget. She questioned the line item for prepaid management plan expenses which was added in 2008. She agreed with the need to grow the General Reserves Fund, but she did not support an increase of $15,000 in one year. She stated she watched the video of the last LMCD Board meeting and she is not convinced everyone agreed with funding the herbicide treatment program. She stated the budget does not include the Save the Lake Fund. It is her understanding that some of the levy will go into the Save the Lake Fund. Turgeon stated if the fiords in the Save the Lake Fund came from contributions, then it is appropriate to exclude it from the budget. Mr. Siakel stated he did not know if that is true or not; but, the reason he wanted a line item for the herbicide treatment program in the budget was there is no guarantee there would be funds available in the Save the Lake Fund for the program. He asked Dick Osgood, LMA Executive Director, if he understood the intricacies of the Save the Lake Fund. Turgeon stated she preferred Mr. Osgood not respond as this was an LMCD matter. Councilmember Bailey stated he did not have a great deal more to add, but he did think an 18.3% increase was difficult to accept. The City Council already understands it has some difficult decisions to be made regarding 2009 budgets, and funding for public safet`~. He recommended if the LMCD thought the herbicide treatment program was a priority, it should make a vcty concerted effort to reduce costs in other areas and convey that to the member cities. Councilmember Wellens stated Mr. Nybeck's cover letter refers to the LMCD "Save the Lake" Funds; he questioned where the $30,000 in funding for th~,2008 herbicide treatment program would be used in 2009. Mr. Siakel stated he had no idea if there was $30,000 iuthe Fund. Wellens stated he had difficulty accepting an 18.3% increase; the City would have a 3.9% levy increase in 2009 - 2011 and the proposed increase for public safety was greater than that. Wellens referenced a letter from i~eephavcn Mayor Skrede in which Mr. Skrede recommended the member cities be allowed to send an altcrnato representative to a Board meeting when necessary; he requested Mr. Siakel support that request. Councilmember Woodruff supported Mr. Skrede's request, and he requested the City's Board Member and alternates receive all materials. Mr. Siakel stated having an alternate would make the position less demanding and easier to recruit for; the enabling legislation for the LMCD allows for only one member per city and it also requires three-year terms which two-thirds of the member cities don't adhere to. Mayor Lizee stated allowing alternates would make it easier to have a quorum at Board meetings, and she supported adhering to the three-year term which is similar to the City's Commission appointments. Mayor Lizee stated she concurred with her fellow Councilmembers regarding concerns about the size of the budget increase. She then stated it was important for everyone to consider the long-term impact of Aquatic Invasive Species (AIS) and the need to mitigate, eradicate, prohibit entry of, and/or manage AIS. During 2007 the mayors of the Lake area communities met to discuss AIS issues. The group found there were many agencies (State, Federal, regional and local), councils, and people concerned about AIS, but there was not concerted effort towards addressing it. Getting the State legislation to agree the AIS problem has to be addressed is a challenge. Representative John Burns had tried to advance this issue, and it must be advanced throughout the United States. She stated the City's Enchanted Island residents were present to show their support for this issue. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 8 of 14 Mr. Siakel stated he did not like to have his taxes increased; but, the City's portion of the 18.3% increase is approximately $4,800 which equates to less than $1 per resident (there are approximately 7400 in the City). He does agree other areas of the budget should be scrutinized and may be reduced. Councilmember Turgeon requested Mr. Siakel convey the Council's sentiments regarding the 18.3% increase. Mr. Siakel stated he would convey an 18.3% increase was not acceptable and it must be reduced to a single digit increase. He then stated he will make an effort to learn more about the Save the Lake Fund. Councilmember Woodruff questioned what the Council's position was regarding the LMCD assuming control for the herbicide treatment program, and the LMCD funding $150,000 for the 2009 program. Councilmember Turgeon stated not if the budget was going to increase l 8.3%. Mayor Lizee suggested the LMA follow through with its responsibility for the program as it had developed and coordinated the program. Councilmember Woodruff stated in January 2008 the LMCD stated the reason it would only fund $30,000 of the 2008 treatment effort was it wasn't in the budget and now there was an opportunity to include funding in the budget. Lizee stated this AIS issue is more than an issue for the Lake area communities, but addressing it has to start at that level, while effdrts coutinue to be made to get regional, State and Federal government agencies to assume responsibility for it. Councilmember Bailey expressed concern that the communities would spend a lot of money and the agencies would never own up to the problem. Woodruff stated getting other agencies to assume responsibility for the issue will take time; he questioned if during that time it was appropriate to lessen .the burden on individual property owners through LMCD funding. Mayor Lizee asked if the Enchanted Island residents presen,~''this evening had any comments to share with Mr. Siakel. Jim Salters 4420 Enchanted Drive, stated he would like to know the detail behind the line item salaries included in the LMCD budget. He challenged if the LMCD should be the lead force in the area for AIS. He stated there is a calling for the elimination of AIS independent of how it is done. He stated the methods used for dealing with A1S are twentieth-century methods; it was time to deal with problems of the twenty-first century with twenty-first-century methods. If there was any way for the residents, City Councils, and other agencies to help eliminate AIS it will create a better environment for future generations. He suggested the Council question each line item in the LMCD .budget. He stated it was imperative to eliminate AIS in a meaningful and fiscally responsible way. He noted some of the Enchanted Island residents had recently had an excellent meeting with Mayor Lizee regarding AIS. Dick Osgood Executive Director of the LMA, stated he appreciated Councilmember Woodruff's sentiments for the LMCD to assume responsibility for this program and the issue of AIS; LMCD staffing and budget restraints may not allow for that. He clarified the LMA is not just a volunteer organization; he was employed under contract for half of his time, and he was a scientist and one of a few certified lake managers in North America. It was the LMA's vision the program should be a public program. He clarified the herbicide treatment programs have been used throughout the Country; in Michigan there have been over 300 treatment programs over 20 years, and there had been a high degree of success. In the most recent Journal of Aquatic Plant Management there was a research agenda for managing invasive plants and harvesting was not mentioned; harvesting is a pruning technique. The current herbicide treatment program is the. first step in ridding Lake Minnetonka of miifoil. He offered to answer any questions about the LMCD Save the Lake Fund. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 9 of 14 John Kimball an Enchanted Island resident, questioned if he understood Councilmember Woodruff to state the 18.3% increase would not be funded out of the City's levy. Woodruff stated the LMCD was a separate taxing authority and was funded through property taxes. Councilmember Wellens said the LMCD increase is part of the City's levy. Director Burton clarified the City does pay quarterly to the LMCD and that is funded out of the City's levy; the LMCD can levy if there is a shortfall in funding. Mr. Kimball noted that approximately 25% of the properties on Phelps Bay are owned by Shorewood residents, yet they contributed approximately 50% of the residents finding for the treatment of Phelps Bay. He commented there is a county park and a lot of lake surface in Phelps Bay. He questioned if the City had considered the need for an environmental director to head up a volunteer group. Mayor Lizee thanked the residents and appointees for attending the meeting. Councilmember Woodruff requested Staff place the topic of AIS on a future work session agenda. Mayor Lizee suggested Staff make a recommendation for that. Councilmember Wellens suggested the LMCD guide the member cities on what to communicate to the State in letters requesting support for addressing the AIS issue. Woodruff suggested the Lake area cities drive this issue collectively. Mayor Lizee stated the next City newsletter will contain an article on AIS. B. Expense Reimbursement for City Administ-•ator Candidates Acting Administrator Brown stated at a work session preceding this meeting Council discussed reimbursing expenses incurred by City Administrator candidates when them came for interviews. During that discussion there was agreement to reimburse mileage at the IRS rate for any trip over 50 miles, and to reimburse up to $250 per candidate for lodging and per diem. Woodruff moved, Wellens seconded, approving reimbursement for mileage at the IRS rate for any trip greater than 50 miles and, if necessary, reimbursement of lodging and per diem not to exceed $250 per candidate. In response to a question from Councilmember Wellens, Acting Administrator Brown stated the City had a policy for reimbursing Council for mileage. Councilmember Turgeon stated a 50-mile round trip was a relatively short distance. Director Burton suggested mileage be reimbursed for candidates outside of the seven county metro area. Without objection from the seconder, the maker amended the motion to say mileage would be reimbursed for any candidate living outside of the seven county metro area and, if necessary, reimbursement of lodging and per diem not to exceed $250 per candidate. Motion passed 5/0. C. Appeal Notice to Remove This item was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff requested Director Nielsen review the Staff report on this topic distributed at this meeting. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 10 of 14 Director Nielsen stated he inspected the property located at 4865 Ferncroft Drive earlier in the day and he was pleasantly surprised to find that the cleanup of the site was nearly completed. The only item remaining was a pickup truck cab located on the patio beneath the owner's deck. Mr. Born, the owner of the property, indicated he was attempting to sell it and it would be gone by the date of the proposed deadline extension (27 June 2008). Staff recommends the extension be granted. Woodruff moved, Wellens seconded, granting an extension period of 30 days to Ronald Born, 4865 Ferncroft Road, to complete removal of offensive and unhealthy substances from the property. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for Seal Coat Project Acting Administrator Brown stated Staff had prepared a resolution to accept bid and award contract for the 2008 bituminous seal coating of streets. The bids were open and tabulated on May 21, 2008. The low bidder is Allied Blacktop Co. in the amount of $224,860.15 for all three Cities; the City's portion of the bid is $126,230.25. It appeared the costs fir this project were reasonable and Staff recommended awarding the bid to Allied Blacktop Co. Turgeon moved, Bailey seconded, Adopting ,RESOLU`I'iON NO. 08-041, "A Resolution Accepting Bid and Awarding Contract for the 2008 Bituminous Seal Coating of Streets, City Project No. 08-02." In response to a question from Councilmember Wellens, Acting Administrator Brown explained the remainder of the funds budgeted for 2008 road maintenance would be use for the mill & overlay of Blue Ridge Lane, Cathcart Drive, and Apple Road. Acting Administrator Brown noted the seal coating effort will not occur until later in the summer toallow the Public Works staff adequate time to patch the roads; there are many more roads to be seal coated than traditionally done in the past. Motion passed 5/0. B. Accept Bids and Award Contract for Lift Station 16 Project Engineer Landini stated bids were opened for the Rehabilitation of Lift Station No. 16 on May 21, 2008. The low bidder is CCS Contracting, Inc. in the amount of $88,416.00, compared to the engineer's estimate of $86,340.00. Landini said it appeared the costs for this project are reasonable. Staff recommended approval of the resolution accepting the bids and awarding contract to CCS Contracting, Inc. in the amount of $88,416.00. Bailey moved, Turgeon seconded, Adopting RESOLUTION NO. 08-042, "A Resolution Accepting Bid and Awarding Contract for the Rehabilitation of Lift Station No. 16, City Project No. 06-01." Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 11 of 14 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Acting Administrator Brown stated there was a watermain break in the Waterford subdivision on May 26, 2008; the repairs were made on May 27, 2008. Acting Administrator Brown stated at its May 12, 2008, meeting Council scheduled a work session for June 2°d. Mayor Lizee stated she was not in attendance at that meeting so she was unaware of the work session. She had a previous conflict with the 6:00 P.M. work-session start time, but she could attend if it were to start at 4:00 P.M. or at 8:00 P.M. Lizee stated she would appreciate having some flexibility in meeting times (such as right after City Hall closing or in the morning). In response to a question from Mayor Lizee, Director Burton read the tentative agenda for the June 2°d work session: discussion of the City Administrator performance review form; Council communications regarding the open meeting law; fiber optics to City Hall; and implementing an administrative fine process. The tentative agenda for the June 9t~' work session is ;Liquor Fund use, financing City Hall (although the bond consultant may be postponed to June 23`~ af~~er the construction bids were opened); a revised draft investment policy; and Southshore Center funding. Acting Administrator Brown explained budget work sessions would start the end of Junc, and work session topics were scheduled out into August. Discussion ensued about work-session start times. Mnvor Lizee stated she did think it was necessary to schedule some type of Council meeting for every Monda}~. She stated if a topic is on the 2008 goals and priority list or if it is carried forward from the ?007 then it is important to address it, but if it is a new topic she questioned if it was imperative that it be discussed in work session prior to budget discussions. Mayor Lizee clarified the Council ~-vork session'scheduled for June 2, 2008, would start at 6:00 P.M. Director Burton stated budget discussions would begin at the June 23, 2008, Council work session. Director Nielsen stated the Minnetonka School District had submitted a traffic management plan for the Minnewashta Elementary School, and the graphics will be submitted by May 3l, 2008. The topic will be placed on the June 9, 2008, Council regular meeting agenda. B. Mayor & City Council Mayor Lizee stated she had spoken with SLMPD Chief Litsey regarding the disaster in the City of Hugo which was caused by a tornado on May 26, 2008; Hugo was looking for volunteers to help with the cleanup effort. She questioned if there was anything the City or the Lake Area Emergency Management Team could do to be of assistance; Hugo had a need for building inspectors. Lizee stated she attended a meeting of the City's Enchanted Island residents regarding aquatic invasive species. Rich Siakel and Dick Osgood also attended the meeting. Lizee explained there had been a joint meeting of the SLMPD member cities' councils on May 14, 2008, to discuss the SLMPD Strategic Action Plan. Chief Litsey provided an overview of the Plan and a five year budget projection. She listed the four strategic goals the Strategic Planning Group had SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 12 of 14 agreed were critically important to the future of the SLMPD - establish a timetable for phasing in additional police officers earmarked for the patrol division; increase the overtime budget so that manpower issues due to training, illness, injured on duty, and time off requests, can be more readily accommodated in the work schedule; maintain pace with changing technology and have a sufficient fund balance available to update, replace, and add new technologies; and establish a capital fund for the long- term care and maintenance for the public safety facility. At the close of the meeting Chief Litsey requested non-Group attendees submit any questions they may have to him so he could respond to them. Lizee stated there was a coffee with the mayor session held on May 10, 2008, and Art on the Lake was scheduled for June 7`~' and June 8`~' at the Excelsior Commons. Councilmember Wellens stated at the SLMPD joint meeting several of the City Councilmembers were somewhat skeptical of the proposed the accumulated increase in the SLMPD operating budget between 2008 and 2012 of approximately 45%. Because several members expressed skepticism, he prepared a summary of their objections to the presentation, and he suggested Council communicate with the other member cities about the problems and a proposed change in direction for the budget process. He recommended the summary be distributed to the other member cities' councils. Mayor Lizee stated she did see a copy of the document Councilmember Wellens had prepared, and she expressed concern with it saying it was from the Shorewood Council; it had not come up as an agenda item. She it was somewhat presumptuous to put the Shorewood Council's name on the document and noted that two members (40%) of the Council were part of the Strategic Planning Group. She asked if Wellens had sent the list of questions to Chief Litsey. V~iel lens stated they were expressed verbally during the meeting. Wellens asked if Council wanted to review and discuss the concerns, and he welcomed any recommendations for changes. Lizee suggested Council review the questions and discuss them on a future agenda. Councilmember Wellens stated he had. submitted the document to Acting Administrator Brown asking that it be placed on the agenda. l was his understanding that Mayor Lizee requested that not happen, and he questioned what the other Councilmcnibei•s thought about the Mayor controlling the agenda. Mayor Lizee stated she would like to have the ability to review the agenda before it was published. The document was submitted on the morning of Thursday, May 22, 2008, after the agenda had been finalized and while the meeting packets were being prepared. She stated Councilmember Wellens's recommendation for a change in the budget process appeared to suggest a change in the Joint Powers Agreement. Councilmember Wellens stated he didn't suggest anything change to the JPA. Lizee suggested Chief Litsey be invited to attend a public meeting and address Councilmember Wellens's questions prior to distributing anything to the other member cities councils. Councilmember Turgeon stated she would have preferred Councilmember Wellens's document been included in the meeting packet for a reference piece, asking Councilmembers to consider sending the document about the funding concerns to the other councils. If the other councils shared the concerns, it could then be sent to Chief Litsey. Mayor Lizee stated the summary document was prepared by Wellens yet signed by Shorewood City Council, which included her, and she thought it was inappropriate. Wellens said he should have signed it from himself. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 13 of 14 Councilmember Woodruff stated three of the City's Councilmembers took exception to what was presented at the meeting on May 14, 2008. He also had prepared a document he would like to discuss about the Action Plan, in particular with regard to the staffing increase. He stated it was important for Council to have discussions regarding the concerns about the Plan, and he would like to discuss them at this meeting. He then stated after the meeting he told Chief Litsey there had not been an adequate case to justify the addition of staff. He extracted data included in the various Strategic Planning sessions about the performance of the SLMPD and he found no justification for adding two officers. He prepared a statistical comparison of the SLMPD to Mound, Orono, and Hennepin County with regard to Part 1 and Part 2 crimes in 2006. The summary of his comparison is as follows. The SLMPD had the highest clearance rate with the lowest officer/1000 population. The SLMPD and Mound have equivalent officers per Part l and Part 2 crimes. Orono has more officers per Part 1 and Part 2 crimes, but the lowest clearance rate. He also stated the activity level was relatively flat between 2003 and 2006. He stated he would provide Chief Litsey with his findings, and he cannot support the addition of two officers. Mayor Lizee was pleased to hear Councilmember Woodruff would share his analysis .with Chief Litsey. She stated there is a lot more discussion to occur. The SLMPD Strategic Planning initiative was initiated last year when Chief Litsey met with each of the member cities' councils. She and Councilmember Turgeon had attended five Strategic Planning meetings so far this year during which justification was discussed in great detail. Wellens moved, Woodruff seconded, directing Staff that the Mayor has not been granted by Council any power over the Council agenda nor does the Mayor have the power to veto any request from a Councilmember. Councilmember Bailey stated if one Councilmember wanted to distribute information to the council, it should occur quickly and smoothly. With the open meeting Laws he was not sure how Councilmember Wellens could have sent the information to everyone otherwise. It is incumbent upon Mayor Lizee to create a draft agenda; but he had issue with telling Staff not to distribute something requested by a Councilmember. Lizee clarified Wellens had asked the item be placed on the agenda at a late date, and to see the letter signed by Shore~~~ood City Council (which implied agreed to by the Council) was problematic. Councilmember Bailey stated he would have appreciated having the information, although he might have been uncomfortable having it on the agenda. Councilmember Turgeon stated placing an item on the agenda at last minute had happened before for City meetings. It could have been submitted for discussion not action. Mayor Lizee stated the document was Councilmember Wellens personal opinion and his name should have been on the bottom of the document. As a point of order, Councilmember Woodruff called for a vote. Motion passed 4/1 with Lizee dissenting. Councilmember Turgeon stated she had heard concern from residents in Ward 2 about high levels of arsenic in their private wells. She informed them arsenic was a natural chemical. She also had received numerous calls about coyotes. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES May 27, 2008 Page 14 of 14 Councilmember Woodruff reported at the last LMCC meeting Patrick Hodapp had been elected secretary. 12. ADJOURN Wellens moved, Woodruff seconded, Adjourning the City Council Regular Meeting of May 27, 2008, at 9:32 P.M. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, JUNE 2, 2008 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Acting Mayor Turgeon called the meeting to order at 6:00 P.M. A. Roll Call Present. Acting Mayor Turgeon; Councilmembers Bailey, Wellens, and Woodruff; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: Mayor Lizee B. Review Agenda Acting Mayor Turgeon requested Item 4, Arsenic in Private Well Water, be discussed before Item 2 on the agenda, and Item 2, City Administrator Performance Review Form, be discussed after Item 3 on the agenda. Bailey moved, Woodruff seconded, Approving the Agenda as Amended. Motion passed 4/0. 2. CITY ADMINISTRATOR PERFORMANCE REVIEW FORM This item was discussed after Item 4 on the a~?enda. Acting Administrator Brown stated .per C`ouncil's direction Staff took existing points of review from the City's administrator performance review form and inserted them into the City of Diamond Bar, California, form. Councilmember Bailey thanked Acting Administrator Brown for his efforts in merging the documents. He cautioned Council not to make the form too lengthy. He recommended Council be parsimonious when considering which items to keep in the form. He suggested each category contain 5 items, 10 at the most. The items included in each category were there to provide Councilmembers with a way to be more specific about their evaluations. He stated the Budget and Finance category included items that were the Finance Director's responsibility; although the Administrator supervised that position those items should be deleted from this form. He recommended a summary item be added to each category for an overall ranking of the category. After ensuing discussion, there following changes were agreed too. - Delete categories Law Enforcement and Additional Comments - Add a category called Intergovernmental Relations - The items will be changed to action statements - A overall rating item will be added for each category - Each item will be evaluated on a 5-level rating #Zc CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 2 of 9 - Relations with the City Council - Delete items A, C, 4, 6, 7, 9, and 10 - Add the word timely to item 1 - Planning - Delete items A, C, E, 3, 9, 10, 15, 16, and 18 - Combine items 1 and 2 - Delete "with the long range strategic plam~ing process" from item 17 - Organizational Skills - Delete items B, 3, 5, and 8 - Merge item D with item 4 - Budget and Finance - Delete items A, D, 4, 5, 6, 7, and 9 - Add administers to line 1 of item 1 - Add facilities to item 3 - Community Relations - Delete items C, 2, 3, 4, 8, 9, and 10 - In item A change "City Administrator" to "City" and change "the Administrator' to "staff' - Add accurate to item 6 - Change item 7 to reflect something about an effective communications program - Personnel Relations - Delete items B, F, G, 3, 4, and 5 - Management Skills - Delete items D, F, H, 1, 2, and 3 - Change item A to "Does the City Administrator effectively handle conflict resolution" - Move items A, B, C, E, G, and I to Leadership - Move items 4 and S to [ntcr~overnmental Relations - Delete this catc~ory - Leadership - Delete items F, 1, 7, 9, 10, 11, and 12 - Move 2, 3, ~1, 5, and 6 to Intergovernmental Relations - Change item 8 to "The Administrator demonstrates imagination and initiative" Acting Administrator Brown stated for the next discussion he will provide a copy of the original merged form and an updated form reflecting the changes agreed to. Discussion returned to Item 5 on the agenda. 3. FIBER OPTIC TO CITY HALL BUILDING This was discussed after Item 4 on the agenda. Councilmember Woodruff gave a brief presentation on fiber optics to the premise, as detailed in the copy of the presentation on file. He discussed what fiber optics was, how it differed from other communication infrastructures, and what the benefits were. Councilmember Wellens questioned what Councilmember Woodruff was proposing. Councilmember Woodruff stated the LMCC was chartered to deal with franchise for cable television. From his vantage point the LMCC was not sure of what else it should do; the LMCC could expand its CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 3 of 9 mission. He then stated the next step would be for an expert on fiber optics to make a 1 - 1.5 hour presentation to Council. He thought over a 15-year period, it would cost the average household about $60 per year to install the fiber optics infrastructure; those costs did not include access to content. Comlcihnember Wellens stated although it was good technology, he would prefer to see a proposal from the LMCC about what it wanted to do; such as to a business plan. He did not have to see another presentation about the same thing. He stated the examples provided were mainly businesses, yet Shorewood was primarily residential. Councilmember Woodruff stated the LMCC was looking for member cities to champion a fiber optics initiative. Some member cities have expressed they have no interest, and there were two other LMCC representatives that expressed some interest. If the City wanted to be a champion, he could communicate that to the LMCC. Woodruff stated he could work with the other two representatives to create greater interest in fiber optics. Councilmember Bailey stated he was skeptical about having public sponsorship for an initiative like this. He stated fiber optics has been tried in other areas around the country and it had not been universally successful. He questioned if the South Lake area was the best place to be a leader in this area as the area was primarily residential. He would not create hurdles for a private venture, but he was reluctant to make it a priority for the City to focus on. Councilmember Wellens stated he did not want to create another ,business to compete with private business. Councilmember Woodruff clarified that Mediacom was a content provider, and the fiber optics discussion was about infrastructure. Councilmember Woodruff stated he would research i f there was other interest at the LMCC. Discussion returned to Item 2 on the agenda. 4. ARSENIC IN PRIVATE WT,LL WATER This item was discussed before Item 2 on the agenda. Acting Administrator Brown stated Staff had received a number of pieces of correspondence regarding arsenic in private well water. He explained Justin Blum and his wife, who are Shorewood residents, requested this item be placed on the work session agenda for discussion. Mr. Blum had submitted information about arsenic in water and the Blums had encouraged their neighbors to come to the discussion. Ms. Blum stated one year ago she noticed her feet were going numb. In March 2008 she was tested for the possible presence of heavy metals. Her physician did not find any issue with heavy metals but the level of arsenic in her body was very high; an arsenic level of 10 was acceptable and hers was a level of 147. After receiving her test results, they had their well water tested and they informed their neighbors of their findings. After a number of treatments, her arsenic level dropped to 7. Slle stated she understood the liability for well water was with the well owner. She explained she and her husband wanted the neighborhood to become aware of the potential issue of arsenic in their private wells. Mr. Blum stated he was a hydrogeologist and he works at the Minnesota Department of Health in the area of drinking water. He explained some years ago when the Environmental Protection Agency (EPA) was considering lowing the limits for arsenic in drinking water several studies were funded to research this issue. One study, the Minnesota Arsenic Research (MAR) study, researched the level of arsenic in CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 4 of 9 private wells located primarily in western Minnesota. Some of the arsenic levels in the western part of the State were 150 ppb (parts per billion); the drinking water limit is 10 ppb. Mr. Blum explained the arsenic comes from tight glacial clay left by the last glacial advance; in the City there was a thickness of 100 - 200 feet of this clay above the first pervasive water-bearing sand layer. There is also a strong downward hydraulic gradient; roughly one-half foot per foot of clay. Because the City is between lakes there is very little hydraulic gradient (movement) between the lakes. For many of the wells in the City, the well drillers drilled through the clay to the first sand and put a screen right below the clay. On his property the screen was a 3-foot screen. Four property owners had their well water tested recently for arsenic; one tested at a 10 ppb, one at 12 ppb, one at 14 ppb and the last at 28 ppb. He commented the highest level of arsenic that has been found in Hem~epin County is close to 60 ppb. Mr. Blum then explained arsenic is most easily removed by re-oxidizing the water; this sorbs the arsenic to iron particles that form in the water (i.e., rust). The water is then passed through an iron filter to remove the iron and arsenic, and the filter is back-washed to the sanitary sewer for regeneration. He commented iron in water is a good indication there may be a higher level of arsenic in the water. Mr. Blum stated his intent was to make the Council aware of thasituation and provide them with some information on it. He stated there were parts of the City not served by City water; he encouraged the City to send those people without access to City water a notice telling them they could be at risk for higher levels of arsenic in their well water and recommend then test the water. Acting Mayor Turgeon clarified this was not a public hearing; it was an information gathering session. She requested the members of the audience wait until Council had discussion before they ask their questions. Councilmember Woodruff stated he had his well water tested recently for the presence of four metals; the test results indicated the levels of metals in his water were well below the State limits. He paid $125 for the test. He questioned if the City. could direct people to firms that conduct such tests. Acting Administrator Brown stated Mr. Blum's material contained information on how to find firms certified by the State that do this type of testing. Brown stated for liability reasons the City cannot recommend any specific agency; however, the public agencies the City uses for different things are a matter of public record and the City can provide that i~tformation. He noted the City contracts with the certified lab of Twin Cities Water Clinic to conduct testing of City water. Mr. Blum stated he would be will to provide a list of 5 - 6 certified labs in the State that do water testing. The prices for water testing ranged from $25 - $70 per sample. Acting Administrator Brown stated the City tests its wells annually, and the findings are published in a variety of publications and it is available on the City's website. Mr. Blum stated the State has a Drinking Water Revolving Loan Fiord; this could be a source of cheap funding to help residents connect to City water who otherwise couldn't afford to do that. A community has to apply for a loan from the Drinking Water Revolving Loan Fund; and, the Fund was to deal with contaminant issues (arsenic was a contaminant even though it may be natural). He explained he has spoken with the supervisor for the Drinking Water Program at the Department of Health; the supervisor authorized taking private well water samples in the City specifically to determine the size of the problem. Depending on the size of the problem, the City could choseto apply for a loan from the Fund in February 2009 for improvements to the City's municipal water system. The interest rate ranged from 1.5% - 3%. He also explained if someone could not afford to have their water tested people from the Public Water Supply will conduct the test. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 5 of 9 Acting Administrator Brown asked Mr. Blum to provide some insight into water treatment methods. Mr. Blum stated it was not his area of expertise but he would share what he knew. He noted there were a number of large firms in the area that offer such systems. The principle way to remove arsenic is to oxidize it (similar to removing iron) which dissolves the arsenic; the challenge is to keep from introducing bacteria during this process. Most processes use a strong chloride or potassium permanganate to regenerate the media. Acting Administrator Brown stated the technology to address arsenic is changing due to the heightened awareness about arsenic. He cited the situation where Chanhassen had to rebuild some of its wells and replace others in new locations to deal with its arsenic problem. He explained Staff is starting to receive confirmed test results of elevated arsenic levels. He heard about a test result with a level of 75, but he has not received the test results to confirm that. Councilmember Woodruff questioned if there was a resource the City could direct residents after they have had their well water tested and found high levels of arsenic and now want to find out what methods there are to treat the problem (not including the names of firms). Mr. Blum stated other states had more problems with the natura~~~,occurrence of arsenic than Minnesota does. He explained Hennepin County's data on well records and well locations was lacking. He appealed to the City to identify those properties which did not have the option to connect to City water; he also appealed to the Council to designate where those wells are located. from what he can determine, there are approximately 1,200 private wells in the City; and the City may know where about 200 of them are located. In response to a question from Councilmember We(lens, Mr. Blum stated if residents test their wells the test results are not shared with the Department of I Icalth unless the resident wants to share them. Wellens suggested the City encourage the residents to share those results. Mr. Blum stated he would be willing to work with the Staff to look at the distribution system and identify where the wells are likely located, and then determine which wells would be a priority to look at. He commented some epidemiologists think the limit of 10 ppb is too high and it should be ~ ppb: Acting Administrator Brown stated Staff can educate the residents about arsenic in water, testing for arsenic, and treating arsenic through the City newsletter and on the website. He commented some residents were unwilling to share their water test results because it would become public record and that could impact their property values. Councilmember Wellens stated maybe the residents could supply the property street name only and not the property location. Mr. Blum stated the laws are changing; soon there will be a requirement to test all new wells for arsenic and that will likely become a requirement for existing wells. Ms. Blum stated she has heard that the sale of a house fell through at the end because of the arsenic level in the water. Director Burton stated the City, through its utility system, could identify those properties that have sewer only and it could assume there are private wells on tl~e property. Marv Borgenson, 5485 Grant Lorenz Road, stated she had lived in the community for over 20 years. She had attended numerous meetings regarding City water. She questioned if hooking up to City water would solve the problem of high levels of arsenic. She also questioned if she would be obligated to hook up to City water if she had the option even thought she may have chosen to install awater-treatment system at great expense. She then questioned if City water would be a solution. She stated the Drinking Water Revolving Loan Fund should be used to help residents solve the arsenic problem. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 6 of 9 Acting Administrator Brown stated arsenic was a natural contaminant, and there is a small amount in the City water. The City's wells have a 5 ppb level or below of arsenic, and the City is bound to the State drinking water standards. The City's wells draw from a different aquifer then the aquifer just below the glacial clay, and most of the City's wells were 400 - 600 feet deep. He explained the City used to have a City water expansion plan; the philosophy has changed to one of City water being driven by resident request and financial viability. A meeting attendee stated caution must be used when deciding to use different ppb limits for medical complications. The complications vary by location and individual. He commented the 10 ppb level was an arbitrary number. Acting Administrator Brown stated three years ago the State considered dropping its arsenic limit to 5 ppb. Acting Administrator Brown thanked Mr. Blum for sharing his information. Discussion returned to Item 3 on the agenda. 5. WATER USE RESTRICTIONS Engineer Landini explained the 2008 Goals and Priorities list contai~?s an item to update the Water Conservation ordinance; the intent was to attain better management cif the drinking water resource and assist with attaining a 10-year water use permit from the Department of Natural Resources (DNR). The DNR would approve the plan as a permit based on ten-year water use if the City would make a stronger commitment to water conservation; or, it would approve the flan as submitted based on 2012 water use and the City would have to make annual amendments to tine permit as needed. Staff preferred to pursue the first of those two options to reduce and consolidate paper work. Landini reviewed five options the City had to demonstrate stronger commitment to water conservation as viewed by the DNR In order of importance they are: I . Implement atime-of--day watering restriction: no watering from 10:00 A.M. - 5:00 P.M.; 2. Implement an odd/even watering restriction; 3. Audit large users and audit the system for loss; 4. Implement an increasing block water rate structure or add additional fees for high users; and 5. Conduct a public information campaign including monthly billing of water utility. Landini stated the DNR highly recommended the time-of--day restriction, although it would prefer it would be from 10:00 A.M. - 6:00 P.M. This restriction would be easiest for resident driven and complaint restriction. Acting Administrator Brown explained each year the City gets fined for greatly exceeding its allocation for water consumption; the City has seven wells and the fine is approximately $4,000 - $6,000 per well. The City is allowed to pump 60 million gallons for the Amesbury system. He had tried to convince the DNR to allow the City to decrease the allocation for the Amesbury system and increase the allocation for the Southeast Area system. The DNR is willing to allow a permit for the entire City, and the allocation will be for City-wide use; but, the City needs to adopt a water conservation ordinance. He clarified slightly less than half of the City was on the municipal water system. The intent was for this restriction to apply to watering with City-water only. He noted the City had encouraged residents to keep their wells for irrigations purposes when they converted to City water. He thought enforcement of the ordinance will CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 7 of 9 prove difficult. He commented Chanhassen shut down all watering during there watering restriction in 2007. Councilmember Wellens questioned which plan Engineer Landini recommended to minimize the restrictions on the residents. Landini explained in the past the City had received complaints from residents with private wells stating their wells ran dry because of residents' excessive use of City water for watering. He recommended the City implement atime-of--day water restriction. Acting Administrator Brown stated the City received 15 - 20 complaints per year. Acting Administrator Brown explained other cities that have implemented atime-of--day watering restriction have had their peaks in water demand level out. When lawn irrigations start the demand for City water triples. He stated this irrigation watering restriction would be a benefit to the City. Director Burton clarified the City has a tiered water rate system. Councilmember Wellens stated he would prefer the City manage water consumption through rates. Burton stated there are residents where money was not a detractor for consuming water. Acting Administrator Brown stated the DNR would not look favorably on that approach. Engineer Landini explained the odd/even option wouldn't work because it would force residents who water every third day to water every other day and therefore consume more water. Acting Administrator Brown stated the DNR was charged by the legislature with trying to implement water conservation measures. This is one way to accomplish this. Councilmember Woodruff stated if water conservation was the objective, then to achieve that >~~ith the time-of--day watering restriction it should apply to well water users and municipal water system users. Brown stated the restricting well water usage could result in a volatile reaction from the residents. Engineer Landini stated Minnetonka i1l~poses a watering restriction for public and well water usage. Acting Administrator Brown stated residents had previously questioned why they should hook up to City water when they had a private water source. 'He explained if the City agrees to atime-of--day watering restriction, the DNR has agreed to the City's 10-year water consumption projection; there is a method to try and increase the allocation should the City impose the restriction. Councilmember Wellens stated he would like to know if the City was the last community to implement a watering restriction, and if so it would be beneficial to communicate that to the residents. Councilmember Bailey recommended the City avoid a confrontation with the DNR and implement the time-of--day restriction. Hopefully, the increased City-wide water consumption allocation and the restriction will result in the City not exceeding its water allocation. Acting Administrator Brown predicted that some time in the next 10 - 15 years the DNR will take some control over private wells. 6. OTHER Acting Mayor Turgeon asked Acting Administrator Brown to provide an update on communications regarding the ward system. Acting Administrator Brown stated he had distributed to Councilmembers via email informtion the City received from the League of Minnesota Cities (LMC) regarding the system. It was a very confusing issue because not many cities had sought legislation to go to a ward system, only to want to reconsider the merits of the system. The State, the LMC, and Hennepin County were trying to CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 8 of 9 determine how to deal this type of situation. The email indicated the City was not pressured by time for considering a change. Earlier in the day the City received information stating that a decision to change had to be made and communicated by June 11"' because of the need to print ballot materials. Councilmember Wellens stated a letter to the editor from Paula Callies stated the ward system was established after years of study and multiple nights of public hearing; he questioned if that was true. Acting Mayor Turgeon stated she knew nothing about a study. Director Nielsen stated there had been years of conversation about the ward system dating back to 1997; there had not been a "formal" study. Wellens stated he had some information he would distribute to Council on the ward system. Acting Administrator Brown related that the City Attorney had spoken with the LMC; the LMC thought if the City returned to an at-large system all seats should be on the ballot as the existing Councilmembers were elected to a ward. Acting Mayor Turgeon stated the City did not do that when it went to the ward system. Brown explained the ward system was implemented in a "tiered" manner. Councilmember Woodruff stated the staggered terms have allowed the Council to retain some institutional knowledge. He then stated he would have no problem being on the ballet this year, if he chose to run. He was looking forward to hearing what the public. had to say at the public hearing. He stated he had heard from two residents, one in support of a change and one not. Director Nielsen stated the City Attoniey will prepare a memo on this item Councilmember Bailey stated he had received a call from a resident about the dead grass (the prairie grass) near the water tower. Acting Administrator Bro~,vn stated.signage will be placed in the area about the prairie grass plantings. Councilmember Woodruff requested the protective fencing be placed around the tree at Gideon Glen. Acting Mayor Turgeon reviewed t(~e calendar for interviewing City Administrator candidates and reminded Council to get their conuncnts on tl~e interview questions to Sharon Klumpp by June 9`n Councilmember Bailey stated he ~-vould not be able to attend the meet and greet session. Turgeon stated there was a joint EFD member cities' councils budget work session scheduled for June 11`x' at 6:00 P.M. Councilmember Woodruff stated he would not be able to attend. Turgeon stated she went to a Lake Minnetonka Conservation District (LMCD) budget meeting on May 29`x' and the basic message conveyed by the cities in attendance was they would not support an 18.3% budget increase. There was suggestion to remove the $30,000 budgeted for the milfoil herbicide treatment program and reduce the budget for reserves. There was interest expressed in keeping the budget to a single digit, and Orono requested the increase be kept to 4 percent (the request was made in writing as Orono was not represented at the meeting). The LMCC conveyed it may be able to keep the increase to 5 percent. She noted Mr. Siakel, the City's LMCD representative, was in attendance and he communicated the Council's were not in support of the 18.3% increase. She commented Mr. Siakel was a strong advocate for funding the herbicide treatment program. Councilmember Wellens stated he would distribute a memo to Council regarding the May 28, 2008, EFD Board meeting. Acting Mayor Turgeon stated she was not impressed with the budget. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES June 2, 2008 Page 9 of 9 7. ADJOURN Wellens moved, Woodruff seconded, Adjourning the City Council Work Session Meeting of June 2, 2008, at 8:37 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Laura Turgeon, Acting Mayor Lawrence A. Brown, Acting City Administrator/Clerk PAYABLES APPROVALS For 06/09/2008 Council Meeting ,, ,~~ ~-- ~ Prepared by ~~ "_ ~ ~~.. Date: Michelle T. Nguyen, Sr. Accounting Clerk Reviewed by: ' - ~-' ' ~:~ Date: Bonnie Burton, Finance Director ~. ~~D~Y~2l10d Approved by: ~ ~~ ~~ ,~~~: Date: " ~.~ __, Larry Brown, Acting City Administrator PAYROLL APPROVALS For 06/09/2008 Council Meeting ~~' 4 Prepared by: ~ _.,~ ,~ ~~, Date: - - Michelle T. Nguyen, Sr. accounting Clerk le Reviewed by: + ~ '~~- ~~µ~ Date: Bonnie Burton, Finance Director Approved by:~ ®~ - -~' Date: c~~== ~, harry Brown, Acting City Administrator 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 DATE: June 5, 2008 TO: Mayor and Council Members FROM: Jean Panchyshyn, Deputy Clerk CC: Lawrence A. Brown, Acting City Administrator/Clerk RE: Staffing Item: Part-time, Temporary Office Assistant The following staffing item is brought forward for City Council's approval: Part-time, Temporary Office Assistant -Staff requests approval to hire Ms. Barbara Pyle to provide occasional front-desk receptionist assistance. Ms. Pyle served in this capacity from approximately 2003-2005, and is now available again for this occasional part-time help. As a temporary, part-time appointment, this position is not eligible for benefits. Sufficient funds are in the General Government/City Clerk budget (Dept. 41400) part-time front desk help. Recommended Action: A motion approving the appointment of Ms. Barbara Pyle as a Temporary, Part-time Office Assistant, contingent upon a favorable background check. v.~ _- o' ~®p0 PAINTED ON RECYCLED PAPER 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 DATE: June 5, 2008 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk Bradley J. Nielsen, Planning Director CC: Lawrence A. Brown, Acting City Administrator RE: EXCELSIOR FIREFIGHTERS RELIEF ASSOCIATION FUNDRAISING EVENT ON FRIDAY, JULY 18, 2008 The Excelsior Firefighters Relief Association (EFRA) has submitted the following documents in support of its annual fundraising event (dance) at the Fire Station located at 24100 Smithtown Road on Friday, July 18, 2008. The event will take place between the hours of 5:00 P.M. and Midnight. This will be the 24th year that the EFRA has held this fundraising event. This will be the fourth year this event has been held at the Fire Station at 24100 Smithtown Road. It is the EFRA's only fundraising event, and has historically been profitable. 1) Temporary 3 2 Percent Malt Liquor License This is a temporary license to serve 3.2 percent malt liquor on the day of the event, July 18, 2008, between the hours of 5:00 P.M. and midnight. Prior to the event, the individuals serving alcohol will be attending an alcohol training session provided by the South Lake Minnetonka Police Department. Approval of the license is contingent upon receipt of appropriate Certificate of Liquor Liability Insurance, which the EFRA is in the process of securing. The EFRA is requesting the $25 license fee be waived, as in past years (as the City is a member of the Excelsior Fire District). A resolution is attached for Council consideration. 2) ~ecial Event Permit. The applicant has submitted a Special Event Permit application. The applicant proposes to provide shuttle service to the site from downtown Excelsior municipal lots. Parking is also available at Shorewood City Hall and the Southshore Center parking lots. On-street parking will not be allowed on Echo Road, Shorewood Lane or Minnetonka Drive. The Special Event permit has been approved by the Zoning _., .s - .,~ ~®a® PRINTED ON RECYCLED PAPER _ - J Administrator, the EFD Fire Chief, and the SLMPD. As in past years, the EFRA will coordinate additional law enforcement needs with the SLMPD. A copy of the Special Event Permit application is attached. Approval of the permit is contingent upon receipt of the Certificate of Liability Insurance. Council Action Approval of the following permits in support of the Excelsior Firefighters Relief Association annual fundraising dance on July 18, 2008, from 5:00 P.M. to Midnight, at 24100 Smithtown Road: 1) Adopt a Resolution approving the Temporary 3.2 Percent Malt Liquor License, contingent upon receipt of the appropriate Certificate of Liquor Liability Insurance and to waive the $25 license fee (as the City is a member of the Excelsior Fire District); 2) Approval of the Special Event Permit, contingent upon receipt of the Certificate of Liability Insurance: CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING A TEMPORARY 3.2 PERCENT "ON-SALE" MALT LIQUOR LICENSE WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale of 3.2 percent malt liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, and shall fulfill certain requirements concerning insurance coverage, and; WHEREAS, the applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of a temporary license for the "on-sale" of 3.2 percent malt liquor: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a temporary license for the "on-sale" of 3.2 percent malt liquor be issued to the Excelsior Fire Fighters Relief Association, for its fundraising event on July 18, 2008 from 5:00 P.M. to Midnight, at 24100 Smithtown Road. BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the Temporary 3.2 Percent malt liquor license fee be waived. ADOPTED by the City Council of the City of Shorewood this 9th day of June, 2008. ATTEST: Christine Lizee, Mayor Lawrence A. Brown, Acting City Administrator/Clerk Jun 04 08 10a01a City Shorewood 9524740128 pea _ ° ~~ti` ~4; , .. 3.2 PERCENT MALT ~•~ ~~•"~~°~~ LIQUOR LICENSE CITY OF s 00 P`~r ``'~~`~' -;~~_ SHOREW c. 5 Coun Club Road ~~~or~d-:Mir 575 trv • ~ ~.-- Office Use: New:~~' Renewal: (~~See License Period: Application Fee*: b APPLICATION ~~ota 55331 • (952) 474-3236 idinance Section 402.09 for pro rata fees) Receipt # Permit #: Application is for: 3.2 Percent Malt Liquor On-Sale ($300) _ Off-Sale ($50) ~.~~~Po~a - ~egu.~S~'~~ wa~ue fie Type of Business: Applicant Name: IndividualOwner _ _~ ~ A idual, Pa nership, Corporation) of Birth:~~ (individual) Home Address .!~" ~~ J ~~ 'Av G' Home Phone: ~~f~ ~©~~~~~ D Are you a U.S. Citizen? Yes _ License Location:- ~ Street City State No If No, Country of Citizenship ;~I 9Gl~ - Zip Phone How long has Applicant been in business. at license location:` h''U° B f Owner of Prem. Home Address Manager of Premise: S~~~J~J?P ~ ~' ~J'e ~ J ~,~ ~ ,- Home Address: Phone:-~-~-~.L- Name of Home Office: ~ ~'-~ ~ n S ~ K~ O ~ ~' Address: Phone: City, State & Zip: If Business is a Partnership or Corporation: (list name, title, home address and telephone number of each partner ~ officer -attach separate list, if needed): G r- ~ f % G 1 fr ~ P.~ l '~ ~ l~ ~C ~' ~ s Partnership Corporation Description of Business: (be specific) ~- r! C~ ~~ /a~ ~ ~n'~ /~ ~ ~ Jun 04 08 l0:Ola City Shorewood 954740128 po4 Has the Applicant, or any associates in this application, ever had an application for a liquor license (intoxi- cating or nonintoxicating) rejected by any municipality or State authority; if so, give date and details. Yes ~ No Has the Applicant, or any associates of this application, during the past five years, ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? If yes, give date and details. Yes ~ No Has the Applicant, any associates of this application, or employees while employed by the Applicant, been convicted of any liquor law violations in this state, or under Federal Laws, during the past five years? If Yes, give date(s) d details. Yes '~~ No R q ed Attachments: Bond, Insurance or Cash Requirement as noted in Ordinance Section 402.07 I certify that I have)read the above questions and that the answers and facts set forth in the foregoing application are true and correct of my own knowledge. POLICE REVIEW: This is to certify that the applicant, and the associates, named herein have not been convicted within the past five years for any violation of the Laws of the State of Minnesota, or City of Shorewood relating to liquor ~es (Attach report, if necessary) ~° ~- ~_ ~- Po ' e Chief or Desig ee Date S,.e.~ r: . -..- ~ ~- ~ CITY CLERK: City Clerk or Designee Date Jun 04 08 lOeOla City Shorewood 8524740128 ~.5 CITY OF SgOREWOOD 5755 Country Club Road, Shorewood, MN 55331 SUPPLEMENT TO 3.2 PERCENT MALT LIQUOR LICENSE APPLICATION Applicant Name: ,Excelsior Fire Fighters Relief Association Name of Responsible Person /' G ~" ~ ~ ~~ Address '~' ;~~~Q ~1/ ~ Phone 7 ~ a `7 ~ / ~ l ~~~ Note: The Responsible person must be present at all times during the time of event. ~~'~'~ ~ Time of Event: from "~ to ~"" Date of Event: Number of people expected in attendance ~-~ ~~ Measures applicantllproposes to take to ensure orderly conduct and control of attendees: Measures applicant proposes to take to clean-up the area following conclusion of event: ~ ~ lJ e.U~r ~~ ~~ ~u ~~~ er,~ eve l~aU~ ~~~~~y / /1 I~ )> {~ ' (~h. r' I'~ ~Q ~ ~ A Permit to serve 3.2 Percent Malt Liquor is subject to the following conditions: 1. No glass containers of any kind shall be permitted to be used or brought into the area for dispersion of foci or beverages for any reason whatsoever. 2. Groups of 25 or more shall disperse non-intoxicating malt beverages from kegs only and shall provide plastic or paper cups for individual use. 3. No vehicles shall be allowed on the event site, Only those vehicles required for the transport and dispersing of food and beverages shall be allowed on site. 4. The applicant(s) has/have provided proof of aggregate liquor liability insurance as indicated in §402,07 of the Shorewood City Code, and agrees in writing to hold the City of Shorewood harmless for any personal injury claims resulting from use of the Public Safety Facility grounds. The Certificate of insurance must show the City of Shorewood as "also insured." As the representative far the above-named organization, I hereby agree to hold the City of Shorewood harmless for any personal injury claims resulting from the use of the Public Safety Facility rty located at 24100 and 24150 Smithtown Road, as authorized by this permit. Sig tore ~- Date P ~ Q lice Chief or esignee City Clerk IJTF~ L IR K BRYAN T. LITSEY LIC E~ ~4~` `L~®T Chief of Police . __. . 24150 SMITHTOWN ROAD Office (952) 474-3261 SHOREW000, MN 55331-8598 Fax (952) 474-4477 MEMO TO: Jean Panchyshyn City of Shorewood FROM: Deputy Chief John Nieling DATE: June 4, 2008 RE: Excelsior Fire Relief Association Dance -Liquor License As we determined in previous years in processing the liquor Jicense application for the Excelsior Fire District annual dance, it is not. practical to background all the individuals serving alcohol for a one time event. However, as in previous years they should be required to attend alcohol awareness training with the South Lake Minnetonka Police Department. ; Serving the South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay Tnclay's date ~-~~-o~ (t~AS~ ~€~s4 0~ p~) A~~ Ap~li~atic~r~ ~~~ ~[~- _ receipt ~ ~v~.~ to ~~ ~gls~~~ ~ person or persons s~so~ing ~ event a~ tivhic~a it rr~ay re~sobly be antieipat~d eh~t t-he will b~ rnoc~ Fh 7~ peons in attendane~ sha{E, prig thereto, ~~gise~r such ~v~niwith the Ctfiy `{irk, ivi~i~ the location, dam, l:iaia~, pe~~tasb, names o~all sp~~?sars, ~~d the nj~ml~r o~ p~rsor;s anticipated will 1 in Stt~~'i~~riCC. F~t°a~t~E ~a~ ~t#itiorta~ v~~et~'. iehin a p~riud c~t"~ er~orttha £€~ilo~.virt~ such ev~E~4, nes ~ddieional ~v~t~t(s}, ~e which it say r~~sor~al~ly he antieipat~d tl~?t there ~v;i{ be ms~re fan `~S persons i~ att~s~d~srce, s1~~1 be pc.~,ittcd at the sa~r~c lotion E~nless the persona or p~~o~s who propose icy sp:rrts~~ the same shall fist have o~tain~d ~ special p~rmat th~rcf~~a~ ~pprored by ehc Cit~+ Co~;ncil. Ppplic~tior; fcr such perrazit shall 6e rare tR tlae City +Clx.k. _~~-.e_ ~ppiicaltt's ~i~r4a€u: ~ ~atc: 2/'l~lt~~ ~- D~-~r-~®®8 25-~~ EX~ELSZD~ ~Tf2~ DISTRICT ~?S~gbB1~~D Ie~e ~'rie~6 ~r ~p~} PRGt_~' T't~c1~y`~ t3~te 2m4~=tom ,~pli€:atti~~ ~~: Fi;~it n/~ ~~nt tai f~i~te c .any €rson or persot°~ snsoring ~ evr~t ~t which it stay on~bly tticipatatf th,~t them wi8i tse s~soce kit 7~ ~o itt si~t°ndanc~ shr~3S, prior th~sa, ~igt€c arts!; ~v'st a~+it#, the Cit~+ ~;~ ~, ~ivits~ t; ~ 1os.~tiorf, d€t€~, tis~ee, ptse, names €~f ~6 sr€sors, aid ti~~ ~ucrtb~e of pers€~n~ tti~ipd mill t~ is a#~~t~~~~. ~~~tt Poc Aitt~~~t ~v~¢~: s_t;~ a p~riad of v rnanths foilowist each went, no additioaaa! evertt~s), at which it may r~a.~~~sab[y be sraticipat~# Eat there wz)! E mc~ than 75 o€tm its ~ttead, sh~f be t?~i pct ~e s~ Is~cation unl~.ss the perat~r ar bona whu ~n-opssse to 6ponsor Erie genes she€1 t f~avc abe~ias~d a special e~e°msa there!`csc~ a€sproved by the pity Councif. ~fspticaetitars roc such permit sal! be rt~ade tss rise City C4eetc. ~~cia! ~'r~king or Safety ~svisi€~ns (e.~., traffic canal, ing, padt~iar- access}: ~ _ F4pplicant's Sititur~: Dste: 2/92/~~ ~lt~ ~ b~ine~ ~ Per P m~ _ P'or €i:~ ~~ ~~6y S1 AAl'~~ ~at~: ., ,, ..m _ ..a.T _, Firs f~hztt• ~.~-,~~- e`e'l ~ ~~- ~-~`. ~'~~ _l~~te. ~~~~ ~t~~___ ~,oni~t~ Acftninistrator: I3aee: pity ,~dinistretor: Date: €.Aigmal: Cltg or3Dc~s+a~A, 555 Cauwy club Road, FPxKa~crod, Ma S`~3a c~ogy w. t,~,w at~~u~~ tjolico _ Pic n~~n1,.~g~u 02-D1-2f~f3D 14:31 ;~~~DID~ FIDE DI~TRIST ~5~~~169~ i'~ 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 • www.Di.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 5 June 2008 RE: Appeal Notice to Remove - H.S. Jerome FILE NO. Property (5220 Shady Island Circle) In response to a Notice to Remove (see Exhibit A) sent to the owner of the above-referenced property, Henry Jerome has asked fora 30-day extension to remove items in violation of City Code (see Exhibit B). The Council has routinely granted 30-day extensions in instances where the appellant has shown agood-faith effort to comply with the Code. Staff will inspect the property on Monday before the meeting, and report on the status of the cleanup. (Note -since this item is on the consent agenda, afollow-up memo advising of the .status of the property will be available just prior to the meeting.) If some progress is apparent, it is recommended that the 30 day extension be granted. It is suggested that the property be reinspected on 9 July 2008, after which, if the property is not cleaned up, the City will arrange to do the work and charge the cost of the cleanup to the property owner. cc Larry Brown Tim Keane Joe Pazandak Henry Jerome ®a r®«® PRINTED ON RECYCLED PAPER ~~: -°~ C ITS' ®~` -., ~„ SHOREWOOD DATE: 22 May 2008 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: R.B and H. S Jerome 145 Wheeler St. S. St. Paul, MN 55105 PROPERTY LOCATION: 5220 Shady Island Circle PROPERTY IDENTIFICATION NO.: 30-117-23-13-0017 NOTICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.05, Subd. 9 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes, but is not limited to the following: Brush and log piles; pails; wood; fencing; construction debris; pipes; dilapidated ladders; window frames; dilapidated chairs and table; dilapidated shed; damaged fishing boat; similar miscellaneous. You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever legal action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lien against the property. *** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION *** BY ORDER OF THE SHOREWOOD CITY COUNCIL E,eh~b~t A ~s ~-a~ PRINTED ON RECYCLED PAPER Page 1 of 1 63rad Nielsen From: henry.jerome@spps.org Sent: Wednesday, May 28, 2008 5:19 PM To: Brad Nielsen Subject: 5220 Shady lsl Cir. Mr. Nielsen: Thank you for speaking with me on the phone today and advising about the Notice to Remove order we recently received concerning the referenced property (30-117-23-13-0117). We have begun the work of the cleanup and will continue. However, it would be very helpful to have an extension of time for the complete removal of objectional materials and at the same time it would be good to have your assessment of the situation after we have made some progress. This is something you said you might be able to do. I hope you will look favorably on this request and thank you for your attention to this matter. Henry Jerome, P.E. Saint Paui Public Schools Facility Planning 360 Colborne Street Saint Paul, MN 55102 651-767-3408 henry.jerome@spps.org Exh;bit D 5/28/2008 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 DATE: June 5, 2008 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk Tim Keane, City Attorney RE: JUNE 9 PUBLIC HEARING FOR WARD ELECTIONS/ ESTABLISHING POLLING LOCATIONS Background The 2000 Legislature approved Chapter 257 Special Laws providing the authority to the City of Shorewood to adopt a ward system by ordinance for representation of City counciimembers. The grant of authority was permissive, not mandatory. This special legislation was necessary because when the legislature undertook the standardization of cities in 1974, ward representation was abolished as a standard form option for city governance. All existing ward cities were allowed t continue after 1974. Shorewood is unique among the 855 Minnesota cities in its request for this authority. From 2000 through 2002, the City Council had several meetings and public hearings to discuss the establishment of Ward elections. Ward elections were implemented beginning with the 2004 election, with Wards 1 and 3 elected for 2-year terms, and Wards 2 and 4 elected for 4-year terms. Consideration of the Elimination of Ward Elections At the April 14, 2008, Regular City Council meeting, resident John Garfunkel requested that the City Council consider returning to an At-large Election system. He requested Council provide a forum to take public comment on which method of representation voters would prefer - a Ward system or an At-large system for electing representatives -and why. He requested public input be heard and decision be made before the filing for Elections opened for 2008. Filings for local offices (Mayor and City Council) are open from August 26, 2008 to September 9, 2008. However, there are earlier deadlines that must be met relating to the. 2008 Election year, which are explained below. In preparation of this memorandum, we have considered the following sources: • Shorewood Code of Ordinances • Minnesota Statute Chap. 200, 201, 204B, 204D, 205, 206, 209 and 412 • Minnesota Secretary of State • Hennepin County Auditor and Director of Elections • League of Minnesota Cities Handbook • League of Minnesota Cities Research Services ®a ~®r® PRINTED ON RECYCLED PAPER JITNE 9 PUBLIC HEARING FOR WARD ELECTIONS / ESTABLISHING POLLING LOCATIONS Page 2 At its work session on May 12, 2008, the Shorewood City Council discussed the schedule for considering the elimination of Wards and returning to an At-large system for Elections for the 2008 Election year. It was determined that a decision would need to be made by the June 9 Council meeting if a change were to take place for the 2008 Election. This is due to a June 1 l deadline for establishing polling locations, Minn. Stat. X2048.16, subd. 3. The polling location is identified with the name of the precinct. Hennepin County must be notified by June 11 of the polling location in order to begin preparations for both the Primary and General Elections. The precinct name is part of the programming for the election ballot, the official results tape, the official rosters, the election equipment, and on the Hennepin County and Secretary of State's on-line Polling Place Finder. Meeting this June 11 deadline will accurately reflect the name of the precinct on all Election-related materials for both the Primary and General Elections. This makes it clear to voters whether they are voting At-large or by Ward. Changing from a Ward system of election to an At-large system would not change the number of precincts that currently exist in the City of Shorewood; it does not change the precinct boundaries; it does not change the polling location for the precinct. It does change the name of the precinct. For example, we recommend the precinct names would likely change as follows: Ward 1 Precinct l would be renamed Precinct 1 Ward 1 Precinct 2 would be renamed Precinct 2 Ward 2 Precinct 1 would be renamed Precinct 3 Ward 3 Precinct 1 would be renamed Precinct 4 Ward 4 Precinct 1 would be renamed Precinct 5 Should the City Council decide to eliminate Ward Elections, an Ordinance repealing the current Election Ordinance No. 384, and establishing At-large Biennial Elections with staggered terms for the 2008 Election year is in order. As discussed above, because the Shorewood circumstances are totally unique, there are no statutes or prior cases that have contemplated the issues to guide your decisions. However, it is apparent the City cannot partially eliminate Wards and elect some councilmembers to represent certain areas of the City with others serving At-large. As a result, election of Council members would change from a Ward seat (elected by the residents of the geographic Ward) to an At-large seat (elected by all residents of the City). All Councilmember seats would be on the 2008 General Election Ballot. For the 2008 Election, two (2) Council members would be elected at-large for a two (2) year term; two (2) Council members would be elected at-large for a four (4) year term; and the Mayor would be elected at-large for a two (2) year term, at each biennial election. Two (2) Council members shall be elected for four (4) year terms at each biennial election thereafter. A draft Ordinance is attached as Exhibit A. Resident comments received to date regarding this issue are provided as Attachment 1 JUNE 9 PUBLIC HEARING FOR WARD ELECTIONS/ ESTABLISHING POLLING LOCATIONS Page 3 Changes are needed to Polling Locations The City adopted Resolution No. 02-044 on May 13, 2002, establishing the following polling locations in the city: Ward 1, Precinct 1: LaBore Residence, 4445 Enchanted Point Ward 1, Precinct 2: Minnewashta Church, 26710 W. 62nd Street Ward 2, Precinct 1: City Hall, 5755 Country Club Road Ward 3, Precinct 1: Excelsior United Methodist Church, 840 Highway 7 Ward 4, Precinct 1: Excelsior Covenant Church, 19955 Excelsior Blvd. With the pending City Hall remodeling project, it will be necessary to move the polling location for Ward 2, Precinct 1. Staff contacted the Southshore Center regarding the possibility of using this facility. The Southshore Center can make the large dining room available for both the Primary and General Election. This will provide a quite suitable public space for conducting the Election. There are approximately 50 parking spaces near the Center and 3 handicap parking spaces. Overflow parking is available in front of the tennis courts and at City Hall. The building is handicapped accessible. Notices will be mailed to eligible voters to notify them of the change in their polling location. The fee for rental of the space is $192 for each Election, for a total of $384. The Election budget line has adequate funds to cover this expense. The Excelsior United Methodist Church notified staff of a change in their address. Although the building location has not changed, the official address has changed to 881 Third Avenue. Council must adopt a Resolution by June 11, 2008, designating polling locations if they have changed since the last resolution was adopted. JUNE 9 PUBLIC HEARING FOR WARD ELECTIONS/ ESTABLISHING POLLING LOCATIONS Page 4 City Council Action Option 1 If the City Council determines to eliminate Wards and return to At-large Elections in time for the 2008 Election year, the following action items are required: 1) An Ordinance repealing Ordinance No. 384 and replacing it with the attached Draft Ordinance as prepared (See Exhibit A) would be in order. This Draft Ordinance clarifies Biennial elections, At-large. 2) A Resolution approving Polling Locations is required to meet the June I 1 Statutory deadline (See Exhibit B). Due to the potential renovation of City Hall, the polling location for this precinct will need to be moved to the Southshore Community Center. The address for the Excelsior United Methodist Church has also been corrected. Option 2 If Council determines not to eliminate Wards at this time, the following action items are required for the 2008 Election year: 1) A Resolution approving Polling Locations is required to meet the June 11 Statutory deadline (See Exhibit D). CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 OF THE SHOREWOOD CITY CODE RELATING TO MUNICIPAL ELECTIONS Section 1. Section 106.01 of the Shorewood City Code is hereby deleted and replaced with the following: 106.01: BIENNIAL ELECTIONS: All council members shall be elected At-large. Biennial Elections shall take place with the following staggering of terms commending with the 2008 Election: Two (2) Council members shall be elected for two (2) year terms, and two (2) Council members shall be elected for four (4) year terms. The Mayor shall be elected for a two (2) year term at each biennial election. Two (2) Council members shall be elected for four (4) year terms at each biennial election thereafter. The terms of elective officers shall commence on the first business day of January following the election at which the officer was elected. Section 2. That this Ordinance shall be in full force and become effective upon publication, and for the conduct of the 2008 Primary and General Elections. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June 2008. CHRISTINE LIZEE, MAYOR ATTEST: LAWRENCE A. BROWN, ACTING CITY ADMINISTRATOR/CLERK EXHIBIT A CITY OF SHOREWOOD RESOLUTION NO. 08- RESOLUTION DESIGNATING POLLING PLACES FOR THE PRIMARY AND GENERAL ELECTIONS WHEREAS, Minnesota Election Law Section 204B.16 requires the City Council of every municipality to designate the places of holding an election for each precinct; and WHEREAS, Minnesota Election Law Section 204B.16 subd.l, Polling Places, permits the city to change the location of the city polling place; and WHEREAS, the City of Shorewood seeks to provide polling places that are easily accessible to all eligible voters; and THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood, does hereby designate the following Polling Locations in the City of Shorewood, as defined in the Precinct Boundary Description and map attached and made a part of this resolution: Precinct 1: LaBore Residence, 4445 Enchanted Point, Mound, MN 55364 Precinct 2: Minnewashta Church, 26710 West 62"a Street, Shorewood, MN 55331 Precinct 3: Southshore Center, 5735 Country Club Road, Shorewood, MN 55331 Precinct 4: Excelsior United Methodist Church, 881 Third Avenue, Excelsior, MN 55331 Precinct 5: Excelsior Covenant Church, 19955 Excelsior Blvd., Shorewood, MN 55331 BE IT FURTHER RESOLVED that the designation of these polling places shall take effect for the September, 2008 Primary Election and the November, 2008 General Election. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 2008. Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk EXHIBIT B RESOLUTION NO.08- Page 2 Precinct Boundary Description Precinct 1 Precinct 1 consists of those islands in the westerly part of the City, to include Goose Island, Spray Island, Shady Island, and that part of Enchanted Island that lies within the City Limits. Precinct 2 Precinct 2 consists of all of the City lying west of Cathcart Drive, north of Smithtown Road and west of Eureka Road to the westerly shoreline of Lake Minnetonka . Precinct 3 Precinct 3 consists of all of the City lying east of Cathcart Drive, south of Smithtown Road, east of Eureka Road and north of Yellowstone Trail to the northerly city limits, including Duck Island, Frog Island and Gale Island. Precinct 4 Precinct 4 consists of all of the City lying east of the southerly border of the City limits and its intersection with State Highway 7, south of Yellowstone Trail, south of Radisson Road, and south of Covington Road. Precinct 5 Precinct 5 consists of all of the City lying north of Radisson Road and north of Covington Road. ~ ~ ~ ~ ~ (P P W N (D (D (D (D (D n n n n n ~ ~ ~~ ~ ~ ~' ~ ~ ~ ~ K (7t -P W N s ~~~~-~ (P A W N -~ X X ~ ~ O t D N N ~ N VI N. y ~ N E ° ° o ~ n (~Cm sm _0 w~Y O ~. ~ N A ~ ~ ~ m ~ C7 3 ~. ~ A ~ 3 ~ `G N p j d j- ~ (D > fD n ~ O ~" N ~ C ~ ~ ~ to N S ~ N n X ~ ~ N t7 ~ n ~ Q N. ~ ~ W O - ~ d ~ n < c n m Q ~7 0 v .. n (;IIY DY MINNtIKIS IA _ CITY OF SHOREWODD m TI '~ V_ 2 of K a m ~r 1 `° ! [ S5 m I{ ~ , S a OR"L m 00 1~ a~~o o s ~~~ F ~~~ ~ ~ ~ ~5~ tn7 z JlS'~ ~ }~ m ~ \ i-- 4 I' ~ I i I~ - .~ i~~ I 5 ~ a ~ ~~ p m ~, . - ~_ ~ ~ m o o ~ m ~ ~ ~ I c~ -i o ~ i i mC ° rt ~ I I ~ .- '-~ a o o -^'-( ~ ~ ` ~ s C~~-: L s ~ (~ _ 8 ~, ~yy ~ l~ ~ .i I ~ - - ~ ~ ~ 6 _ f~ ~~ / ~ i _ '~ ` \ , . CITY OF TONKA B0.Y ~ ~ 0 N L n t '~1 O O ~ sy 02~ ~PF s }, X00 . O 5c~:. . >~., '. ~.- t ~ iR ~JY <" 11 1 ~.. H :; F'. ~ . CITY OF SHOREWOOD RESOLUTION NO.08- RESOLUTION DESIGNATING POLLING PLACES FOR THE PRIMARY AND GENERAL ELECTIONS WHEREAS, Minnesota Election Law Section 204B.16 requires the City Council of every municipality to designate the places of holding and election for each precinct; and WHEREAS, Minnesota Election Law Section 204B.16 subd.l, Polling Places, permits the city to change the location of the city polling place; and WHEREAS, the City of Shorewood seeks to provide polling places that are easily accessible to all eligible voters; and THEREFORE, BE IT RESOLVED that the City Council of the City of Shorewood, does hereby designate the following Polling Locations in the City of Shorewood as defined in the Ward and Precinct Boundary Description and map attached and made a part of this resolution: Ward 1 Precinct 1: LaBore Residence, 4445 Enchanted Point, Mound, MN 55364 Ward 1 Precinct 2: Minnewashta Church, 26710 West 62"d Street, Shorewood, MN 55331 Ward 2 Precinct 1: Southshore Center, 5735 Country Club Road, Shorewood, MN 55331 Ward 3 Precinct 1: Excelsior United Methodist Church, 881 Third Avenue, Excelsior, MN 55331 Ward 4 Precinct 1: Excelsior Covenant Church, 19955 Excelsior Blvd., Shorewood, MN 55331 BE IT FURTHER RESOLVED that the designation of these polling places shall take effect for the September, 2008 Primary Election and the November, 2008 General Election. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 2008. Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk EXI-IIE31T D RESOLUTION NO. 08- Page 2 Ward and Precinct Boundary Description Ward 1, Precinct 1 Ward 1, Precinct 1 consists of those islands in the westerly part of the City, to include Goose Island, Spray Island, Shady Island, and that part of Enchanted Island that lies within the City Limits. Ward 1, Precinct 2 Ward 1, Precinct 2 consists of all of the City lying west of Cathcart Drive, north of Smithtown Road and west of Eureka Road to the westerly shoreline of Lake Minnetonka . Ward 2, Precinct 1 Ward 2, Precinct 1 consists of all of the City lying east of Cathcart Drive, south of Smithtown Road, east of Eureka Road and north of Yellowstone Trail to the northerly city limits, including Duck Island, Frog Island and Gale Island. Ward 3, Precinct 1 Ward 3, Precinct 1 consists of all of the City lying east of the southerly border of the City limits and its intersection with State Highway 7, south of Yellowstone Trail, south of Radisson Road, and south of Covington Road. Ward 4, Precinct 1 Ward 4, Precinct 1 consists of all of the City lying north of Radisson Road and north of Covington Road. ~' 1 '. ~7 j :oc. , ~~ f ', m :. ,..z..~'. 1. of h ~ ~~ ~ ~~: r ~ ;. f }1 Y- < ~~~ ti r~ v. wo x~ Sw z o- a ~ ~ i, i - 55 I t _ - - ,mss--~ ~o _I G N ~~. s ~' ,r~ ~ ' } L - '1 3 j ~~ AV9 VNNO1 j0 Al1N ~ ~I` I ~I l_ ^OOM3ilOH530 AlIJ .. ". W { 8 `~ L. ~"~- ~~ ~ , - ~s ~~=~~ ~. o o _ o ~ 6~L, ~,' ~'I , rt s ~- oa ~ N ¢ o _ 5 ~ ~ O Q i -F 2 k (T U Z ¢w ~ ~ e }'~C ~ J > I I ~\~ Y ~ s s ~ ~ ~,o ~ - r 4 _ i ,~ ~ o 5 i~ z J w O ~ z I ~~y~ ~ ~~ 5 W ~. ~ i 05 ° ~ ~ s ~ g ~ o ' 71J m s ~ I~I 5~ I~ a ~~rr-'~ Y ~ ) "1r. aooM3aoNSdoello tl151a13NNIW j0 /.11~ J ~ ~ WO '" a `;n~ ~ z 3~ f ~, ~ I .d U Q m ~' ~ `o ~ ~ ' ~ N o m x N to ~ ~ M W ~ ~ ~ ~ m > d > ~ L m ~ N cU -o ~ ~ _ ~ ~ U N ~ L N ~' O C ~~" ° a ~ W ~ E ~ m ~ ~ ~ ~ U o m o ~ v ~ U '~ i o ~ N ~ ~ U ~ z ^- ~ 3 y N w Wit` -~ ~ ~ a ~~ C_ R ~ (n W W ~ ~ ~ ~ N a a d d a ~ ~ ~ ~ ~ r N r s- ~ U U U U U C C C C C U U U ~U U ~ N N N N ~ r c- N M V p~ ~~~~~o°- ~ N ~ i ~ i a_a_aan. ~ ~ ~ ~ ~ Paula A. Callies 20465 Radisson Road Shorewood, MN 55331 May 21, 2008 Mayor Lizee and Council Members Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Re: Shorewood Ward System. Dear Mayor Lizee and Council: Due to work commitments, I am not able to attend the meeting on June 9, 2008 which the City Council has scheduled to consider abolishing the ward system. Please enter this letter into the public record. Although I am in favor of the ward system, the primacy purpose of this letter is to express my deep concern regarding two key issues: 1) the lack of public process involved in the council's decision; and 2) maintaining the integrity of the election system. This issue has come before the Council not as the result of a broad public initiative, but rather at the instigation of former council member Garfunkel. John Garfunkel, along with current council member Turgeon, voted against establishing the ward system in 2002. The Council has determined that it must make a decision on June 9, 2008, so that a change to the ward system can take effect in time for the elections this year. In contrast, the ward system. was established after years of study and multiple nights of public hearing. Candidates for office at the time also ran their campaigns on the ward issue. I have reviewed the webcast of the City Council meeting and work session of May 12, 2008. Comments by some council members are disturbing for their lack of commitment to engage the public in the process of making a change to the election system. Laura Turgeon commented that the issues haven't changed since wards were first established and not many people showed up at that time. She further questioned why the Council would put off a group of people who want to go back to an at-large election system, just to get input. Mr. Woodruff indicated that people might not understand information put in a survey. The second significant concern I have regarding the Council's approach to this issue is for the integrity of the election system. The law regarding the process for abolishing a Attachment # 1 Mayor Lizee and Council May 21, 2008 Page Two ward system is not absolutely clear, but the Council should exercise caution when it considers altering our electoral process. If the ward system is going to be abolished, it is very important that this be done correctly so that election results are not jeopardized. How is the proposed change going to be implemented? Every one of the current council members, other than the mayor, was elected by ward. Is the Council now proposing that only those seats that are up for election under the current ward system be put to an at- large vote, while the other members retain their council seat? Could the election results be subject to legal challenge if a person currently serving a 4 year term is unseated, or not, in fiirtherance of the new system? Minn. Stat. §204B.14, subd. 4 requires that any change in the boundary of an election precinct must be adopted by June 1 in any year of the state general election. Under Mimi. Stat. §204B.14, subd.2, each city ward constitutes one election precinct. A "precinct" is defined by §200.02, subd.l l as "a geographical area the boundaries of which are established for election purposes." Eliminating wards clearly eliminates election boundaries in practice, not just in "name", because council members would no longer be elected from the particular geographical area of a ward. The Council should allow sufficient time for public education and involvement so that there is no question that a decision to abolish the ward system is made in the general public interest and not to advance a particular political agenda for the election of 2008. What possible harm can come in allowing more time for citizen participation, as compared to the damage that could result from a perception that Shorewood City Council members are acting in disregard of the electorate. Thank you for your consideration. Sincerely, h ~. Paula A. Callies °~ cc: Mayor Lizee and Council Members City Clerk Page 1 of 1 Pat Fasching -- . _ _ _ ~._ ~_ .~w. ~_--_ From: sfarnes@pol.net Sent: Friday, May 23, 2008 5:44 PM To: Christine Lizee; Dick Woodruff; Laura Turgeon; Martin Wellens; Jeff Bailey Subject: Shorewood ward system The Shorewood ward system should be abolished and at-large elections for council seats held as they were prior to 2004. This change should be made so the 2008 elections will not be determined by ward. Under the present system, each citizen has one ward vote and a mayor vote. But there are three other council members that the individual citizen will have no voice in electing- a potential majority! Frankly, I am very surprised that the Secretary of State approved this change several years ago. The ward system was developed for use in areas where there were great disparities of race or income. Shorewood is very homogeneous and has none of these characteristics. What was the point in pushing this change through originally? Please ask former Mayor Love that question if he comes to defend his creation- like Frankenstein and his Monster! regards Steve Farnes X445 Tamberlane Shorewood, Mn 55331 952-474-2676. 5/27/2008 _~ Your email was received and forwarded on to Mayor and Council for reply. From: David L. McCuskey [mailto:dmccuskey38@mchsi.com] Sent: Thursday, May 29, 2008 2:48 PM To: Christine Lizee; Dick Woodruff; Laura Turgeon; Martin Wellens Cc: (brown@ci.shorewood.mn.us Subject: Abolish the Ward System To: Mayor and Council, City of Shorewood I am pleased that you will be considering the repeal of the present ill-advised ward system at your June 9 meeting. In a recent letter to the editor of the Sun Sailor, former council person Paula Callies makes the astonishing claim that "the ward system was established after years of study and multiple nights of public hearing." ,That's not the way 1 remember it. It seemed to me that the proposal for a ward system came out of the blue (or out of left field, if you prefer) and not as the result of any great groundswell of public opinion. It was the brainchild of a few political dilettanti then on the council who had already made up their collective mind and who ramrodded the proposal through without bothering to make a persuasive case for it. Our small city had been well served by the at-large election process. By and large, our elected officials had performed admirably over the years and when they didn't (in the collective view of a majority of the city's voters), they could be easily voted out, sometimes en masse. I suspect that that was the real problem, in the secret minds of the proponents. As demonstrated in the last municipal election, the ward system actually decreases public interest and involvement in the political process and tends to protect the rear ends of incumbents. That is the way it works in Minneapolis and that is probably the way it was intended to work here. 4 It is never too soon to correct a mistake. Act now. Respectfully, David L. McCuskey 5250 Howards Point Road Shorewood, MN 55331 Page 1 of 1 Pat Fasching From: RON R JOHNSON [deeneldaj@msn.com] Sent: Saturday, May 31, 2008 8:22 AM To: CityHall Subject: Letter to council members re Ward Sustem RON & DEE JOHNSON May 31, 2008 5355 Shady Hills Circle Shorewood, MN 55331 City Council City of Shorewood Re: Keep the Ward System Prior to the ward system, and after 1998, all at large Councilmembers ignored us entirely leading to the current and ongoing litigation which the City so far expended in excess of $300,00 of public fisc on. The ward system produced our present responsive Councilman, Wellens. Although we don't always agree on the issues we note no other current Councilmember has ever bothered to visit with us to get first-hand observations of our issues and meet all members of our extended family as Marty has done numerous times. Ron & Dee Johnson C: Wellens - in response to his proactive 5/20/08 request for our position on the Ward issue. 6/4/2008 -°~ C1ty of Shorewood ~ S7SS Country Club load m Shorewood, I~I~T SS~~ 1 ~~~, ~. ;~ t~:~ 1~a~~yo~ Chas ~._x~~e ~~~d ~~~~ ~,~ty Counc~~ ,~ui~e 3, ~€~~ wear ivayor and City Council, ibis letter is about the ward Systcrn in Sbc~rcwood, i~!Iinnesota. the present system. was devised after careful consideration for all Shorewood citizens. This bid improvement is in it's fo~~nati~e years, and needs continued implementation. ibis should not be challenged or changed now, especially so close to an election. Shorewood needs to Ass~.~re all their citizens of fair representation. Please enter this ire the public record. Sincerely yours, .lanet ~. Cohen Shorewood, Minnesota, ~Tard 4 Jean Panchyshyn From: Pat Fasching Sent: Wednesday, June 04, 2008 12:42 PM To: Christine Lizee (cgordonlizee@mchsi.com); Jeff Baliley; Laura Turgeon (Irturgeon@visi.com); Martin Wellens (m.wellens@mchsi.com); Richard Woodruff Cc: Jean Panchyshyn Subject: FW: Wards vs at large -----Original Message----- From: David E Cross [mailto:dcross@davidecross.com] Sent: Wednesday, June 04, 2008 8:01 AM To: Dick Woodruff; Christine Lizee Subject: Wards vs at large In my opinion changing from wards to at large council elections would let special interests more easily take over the council and cause trouble for those that are not in the special interest groups. There is far to much diversity and to have effective at large council people for more than a minority of the council. David E Cross decross@acm.org 5305 Shady Island RD 55364 952-474-4898 Dear Mayor and City Council of Shorewood, I would like the city to know that I am in favor of changing the election of representatives by wards back to the "at large system". To me it is important that every city council person understands about all of Shorewood since we are such a diverse city. It is vital that as voters we can select all of the council members, not just one that represents our portion of the city. I also believe that voting every 2 years for two councilpersons, versus 4 for 1, allows for new ideas, dedication to serving the interest of Shorewood, and a chance for new voices to be heard. The world we five in changes daily and to limit us as voters to 1 ward every 4 years does not keep up with the rest of the changes around us. Please vote to remove the ward system in time for the 2008 election cycle. Thank you. Sharon Starks CARGILL CGD Fax:952-742-6301 Jun 9 2008 12=05 P.Ol Anne Straka Leland 5825 Strawberry Lane Shorewood, MN 55331 952-470-6996 email: horadrim88@hotmail.com June 9, 2008 To: Shorewood City Council Fax: 952-474-0128 Re: Ward System I am unable to attend the Public Hearing at the City Council Meeting this evening but I would like to voice my support for the current system of electing the City Council Members by Ward. Shorewood has increased in population in the 16 years that I have lived here. The city is spread out so much and each ward has a distinct character. Having each Ward represented on the City Council allows each quarter of our community a voice in city government. If Council Members were elected At Large than not all quarters of our community would have equal representation. If Council Member were elected At Large it would allow for a coalition representing special interests gain control of city government. This is 110t in the best interest of our community. .....T..~anks and Regards, , ~ "'~~~ Anne Straka. Leland ' 'J /' I. 11/. /; flCf rt ( () Ii. r5- ~:pp- LC) 1-1 From: Craigshrwd@aol.com [mailto:Craigshrwd@aol.com] Sent: Saturday, June 07, 2008 11:32 PM To: Pat Fasching Subject: Ward system Dear Mayor Lizee and City Council Members, When I became aware of Shorewood's ward system, presently in use, I wondered how such a patently unfair voting system could ever have started. It is beyond my understanding how anyone could think such a system, in anyway, could accurately represent the will of the people. Please bring back a fair and equitable, at-large voting system to the people of Shorewood. Sincerely, Craig Shoemaker 5440 Teal Circle Shorewood, MN 55331 ''''''=~'"==''*',=<=,.'''..''''''-''-''''''''''.....''''~'''''''''>=='"''-==''''''''''-'''-'''',.''''''''''..,....,='~'''=""._.>=,=="_"'....".~-=""""""--'"...=.....,..~""";"",,..."-""=""''''''''........,,'''''-'==<''''=,''_'==-'''=='""""-".""""."""'''''=''''''''-..."...,.....==''''_'''nc~'''_=''''_'''''='."',,~_~~=='''''-...,'''',,.=k' Get trade secrets for amazing burgers. Watch "Cookinq with Tvler Florence" on AOL Food. ,,,,,,""O,,,~~~,.,,~,,,....~.~,,,,y.-,,,~,,,,_.......,o,,,.~,,,,,,,~,,,,",,=",,.>\,,....~.~..,",.,."""'..,,'''',.,.,'''"'...~''''',''__..'_~'.='"''_~'~'''"'''''m'''~"''~'''~",,,,,,~__,,,,,,,,,,.=,.,~=-.,,,,,,,,,,,,,,,,,,,,",,,.>=,,",~,,,,,,,._,,,,..,,,,"__,,,,,-,,,,,,,*,,,~""""'=...."",.,.~.~''',,,...~_......'''._,=.,,._~''',..~~~,,'"'-',,,'''',.,,,,''''''',,,.""~"."~=",.,~,,,~,,, From: Dan Sell [mailto:danseIl2@mchsLcom] Sent: Sunday, June 08, 2008 12:52 PM To: CityHall Subject: Return to. the at-large system of electing our city cQuncil members Danald R. Sell 5760 Smithtown Circle Sharewoad, MN 55331 Members af the Shorewad City Cauncil, Please consider my request that the City of Sharewood returns to. the at-large system of electing aur City Cauncil members. Respectfuly, Don Sell ~......~~_"""""",.""'~,="'''~'''".,'''~,~.'''''''._''''"'''~'"'''".,'~''''=''"'''''''~~"".,.._.,."",~.....,.".~~,,,,,,,,.n"""."""_"""'""""'r.""'''>=-''''~''~='''~_''_'O''_..,..~"'~,....,,"'''~ ,,,,,,.. ;."",,,,.,,,,,,-~~.,,,,,,,~~~...~,,,,~,,,.=.,,,,",--~,,,<,,_..,,,,.,,,,.,,,,.,,,~."""-',,,.--,=,"'.......,"'..,,~,,,._~"".~"'~"'"''',."',,."~'''," ",,,~.~=.,, From: kroyse@att.net [mailto:kroyse@att.net] Sent: Sunday, June 08, 20087:58 PM To: CityHall Subject: June 9th Public hearing Shorewood Council We strongly encourage the Shorewood Council to reverse the decision allowing the establishment of wards and return to an at-large system oflocal government. Sincerely, Peter and Kathy Royse 5825 Country Club Road Shorewood MN 55331 ""'W,....,"'''~_"..."''''''''''~~".."~''''''"'~~''''"''''''''"'''~..N<''.T~L.....,''"''''''<"""'''''"~,....'=''''<=-A-......,''''".",.,,,."''..=__,.'.~=~~,,''~'''...."''''''~,~''''~''''"''''''''~"."."''''".,'','''~"_.~~,,,............~~""''..,....,.,.,..'''''''''',...,~~_,..,..,..,,,."""."''''~'~.'''.'9'='''''''''''"'''''''''''''''''''''''''''''~'"','_''''='~~''~'''-"~_'~""~'"'' From: Pamela Evans [mailto:pje342@hotmail.com] Sent: Monday, June 09, 2008 7:06 AM To: CityHall Subject: wards Hello! I have read the information available to me, and I believe that the ward system needs to be eliminated. I am a 16 year shorewood resident. thank you, Pam Evans ..,~....,.>=",-=~,~~..""""",="",,,,,,,,,,,~~~~,=><",,"~>"">~"'~O<~"""~'""''''''~~,=.'''''."'''''"'''_'''=__~.,'''''."'.,,=''''-'<-~''''"'''''~>'''''''',..,,'''~''''''.,,.",,,,,>>,,,,,,,,,,~,,,>x=,,,,,_,,,,,,,,,,,,,,,,=,,,,,,,,,,,,,~->>,,,,,""'''''''~''''''''''''''''_'''''_'''''''''..~,,....",...,..,."~'''''"~~~,..,,.''''''''"'',.''''~.,,.,,'''''"'<'-'''.-.-~~'''''''.-,,,..,''',,.'.,'~..~,~,,"'"'''' From: Steve Evans [mailto:s.evans365@yahoo.com] Sent: Monday, June 09,20087:12 AM To: CityHall Subject: ward system Good morning, lam a 23 year resident of the city of shorewood, I have read the infonnation available to me, and have talked with neighbors, and I believe that the ward system needs to be scrapped, lam shocked that we let it happen in the first place! Thank you, Steve Evans From: jalexa27@mchsi.com [mailto:jalexa27@mchsi.com] Sent: Monday, June 09, 2008 6:32 AM To: CityHall Subject: Ward system City Hall, It has recently been brought to my attention that the city will be reviewing the Ward system vs At-Large system for our city government. After reviewing some of the material for both systems, it is obvious that the Ward system has taken away some of the residents representation. There may be some "efficicencies" in how the Ward system works; however, the true voice of the public is diminished. I will be unable to make the town hall tonight, but would urge the city to restore the previously established At-Large system. Sincerely, J ames Alexander CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 20 MAY 2008 MINUTES CALL TO ORDER Acting Chair Gagne called the meeting to order at 7:00 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Acting Chair Gagne; Commissioners Geng, Gniftke, Hutchins, Ruoff, and Vilett; Planning Director Nielsen; and Council Liaison Woodruff Absent: Chair Schmitt APPROVAL OF MINUTES 15 Apri12008 Gniffke moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 15 April 2008 as presented. Motion passed 6/0. 7:00 P.M. PUBLIC HEARING -.PLANNING DISTRICT 6 -NONRESIDENTIAL USES Acting Chair Gagne opened the Public Hearing at 7:01 P.M., noting the procedures utilized in a Public Hearing. He explained items recommended for approval that evening would be placed on a May 27, 2008, Regular City Council Meeting Agenda for further review and consideration. Director Nielsen explained Planning District 6 is bounded by Smithtown Road (County Road t9) to the south, the Shorewood/Tonka Bay border to the west, the Hennepin County Regional Rail Authority (HCRRA} LR'f trail to the north, and the Shorewood/L;~celsior border to the east. Nielsen stated the Planning Commission had numerous discussions regarding the commmercial redevelopment potential of Planning District 6, in particular the east end, as well as the commercial properties located on the south side of County Road 19 across from Planning District 6. That combined area included the following commercial sites: t) the Shorewood Yacht Club; 2) the Minnetonka Portable Dredging Company (M:PDCo); 3) the South Lake Office Building; 4) the Garden Patch Nursery; and 5) the property between the South Lake Office Building and the Garden Patch Nursery (the old Crepeau Dock location which is o«~~ed by the same individual who owned the Garden Patch Nursery). Nielsen explained the current use of the SYC property is consistent with the Comprehensive Plan and with the L-R (Lakeshore Recreational) zoning of the property. The MPDCo) the Garden Patch Nursery, and the old Crepeau Dock property are all in the C-2, Commercial Service District (which had previously been named the C-4 District); the C-2 District was established to address existing industrial uses in that area. The South Lake Office Building property is zoned R-C, Residential Commercial; the R-C District is intended to transition from lower intensity uses to higher intensity uses. CITY OF SHOREWOOD PLr~NNING COMMISSION MEETING 20 May 2008 Page 2 of 9 Nielsen stated discussion of redevelopment possibilities for the Shorewood Yacht Club (SYC) property began in 2005 when the SYC was put up for sale. All developers interested in the SYC property were also interested in the MPDCo, which was not for sale. Redevelopment discussions basically ceased once the SYC had been purchased by the current owners. Nielsen noted during 2007 the owners of those four businesses were invited to a Planning Commission study session to provide their input on the future redevelopment of the properties. Most of the owners had no plans to change the use of their properties in the future and they had no immediate plans to sell their properties. Nielsen explained the SYC and the MPDCo both have access issues. Currently both properties butt against West Lake Street right-of--way. West Lake Street serves a residential neighborhood in Excelsior, but the portion of West Lake Street that could provide access into Shorewood is blocked off (but not vacated). Both of the companies currently use a driveway off of County Road 19; the driveway crosses over the HCRRA LRT Trail, and it is there by license from HCRRA. The HCRRA can revoke the license at its discretion. Access to the properties would then have to come from West Lake Street, which would require the City to prepare a compelling case to reopen the street. Redevelopment opportunities are somewhat limited for the sites north of County Road 19, due to existing land use patterns. The SYC property was somewhat fragmented; there was a large wetland on one parcel. Nielsen stated after numerous discussions, the Planning Commission recommended a text amendment to the City's Comprehensive Plan to address the redevelopment of Planning District 6. He highlighted the draft text amendment. It states if the SYC or the MPDCo ceased to exist, reuse of the properties should be directed to residential, at similar densities as the surrounding area (both in Shorewood and Excelsior). The reason for the lower density is because- of the limitations on the land, with access being the. most significant. It recommends the SYC and Dredging Company properties be developed as one property, although the City could not force that to happen. It also states if the MPDCo property were redeveloped, the C-2 District should be phased out. The other two properties in the C-2 District, the Garden Patch Nursery property and the old Crepeau Doclc property, should be rezoned to R-C, Residential Commercial, which would make their zoning the same as the South Lake Office Building property. Nielsen clarified the City was not trying to change the zoning of the properties in the area at this time. The City would not have any objection to the current zoning remaining as is for a very long time. The City was considering the future of the area because of the inquiries it had received about the properties in the past. Nielsen noted the City is in the process of updating many parts of the Comprehensive Plan. The Planning Commission chose to hold a special public hearing for this text amendment at this time. Acting Chair Gagne noted the City had received an email from an attorney representing Bill and Judy Niccum, (owners of the MPDCo) which stated the Niccums could not be present this evening. The Niccum's have concern the proposed change to residential zoning will result in a substantial reduction in property value. The Niccums requested no action be taken by the Planning Commission for 90 days. They want an opportunity to confer with other property owners in the area to determine what type of future use might be planned by a joint venture or some other action in concert. Acting Chair Gagne opened the Public Testimony portion of the Public Hearing at 7:09 P.M. Tom Limo owner of the Garden Patch proRerty and the old Crepeau Dock property, stated the City's Zoning Code stated the R-C, Residential/Commercial District is intended for a gradual transition between CITY OF SIIOREWOOD PT,ANNIllTG COMMISSION MEETING 20 May 2008 Page 3 of 9 commercial and residential uses. He stated the Garden Patch property is located at 23443 Smithtown Road, and the OId Crepeau Dock property is located at 23425 Smithtown Road; he considers them one property. The property is bounded by County Road 19 on the north; the Animal Hospital and the end of the City on the east; water on the south; and the South Lake Office Building, which is on property zoned R-C, on the east. He requested the zoning of his properties remain C-2, Commercial Service District, as there was ample buffer around his property. Gabriel Jabbour 985 Tonka Road in Orono, stated he is a co-owner of the Shorewood Yacht Club. He complimented the Planning Commission and Staff for being proactive in addressing how the City would like Planning District 6 redeveloped in the future. He commented he recently realized he should take a more active interest in what the City is considering. He stated although he and the MPDCo owners prefer to sell their properties at the same time, circumstances may prohibit that from occurring. From his vantage point the properties could never be developed single family residential because of the access issue. If the MPDCo were to be developed- residential, the SYC would be in the residents' back yards. If either of the property owners put up a fence, it would make it difficult for both businesses to operate. He requested the Planning Commission wait 90 days before it makes any recommendation. During that time the property owners would hire an urban planner prepare a few development concept sketches for compatible property uses should either SYC or MPDCO, but not both, decide to sell or redevelop their property. He stated if one of the properties were redeveloped to be residential, parking could become an issue. He expressed concern for the public sector should the services provided by the MPDCo cease to exist; he shared this concern with the Lalce Minnetonka Conservation District (LMCD). He suggested in the future an office building owned by the LMCD, the Department of Natural Resources (DNR), and Hennepin County be constructed on the property; and the MPDCo be given along-term lease to continue operations. He stated both properties had been targeted by the DNR as potential public lake access sites. He explained he is one of a small group of people who started the Museum of Lake Minnetonka (MLM); MLM is responsible for operating the Steamboat Minnehaha. The Steamboat Minnehaha is launched at the MPDCo; if the MPDCo ceased to exist the launching and storage of the Steamboat Minnehaha would become a problem. Nick Ruehl 456 Lafayette Avenue, Excelsior, stated he purchased his property in May 1974. The MPDCo was in operation at that time, and a sailboat marina was developed shortly after. He noted the owners of the MPDCo had been extraordinary neighbors the entire time. He stated the operations of the marina had been great and sometimes not so great over the years; but he expected the current SYC owners will manage the marina well. He explained 15 - 18 years ago he met with Mr. Niccum to review a sketch he had drawn- depicting a townhouse development on the MPDCo property. He expressed he had concern about how the MPDCo property could be developed; that property was approximately 70 feet across the bay from his property. He also expressed concern if West Lake Street would have to be used to access the property He then expressed initial concern about the possibility of constructing an office building on the property; he noted he has no idea of what it would look like, would be used for, or the amount of traffic that would be generated because of the building. He stated at this time he prefers it would be redeveloped as single-family residential or some other low-density development. He was open to continuing this topic for 90 days to allow preparation of concept sketches. He expressed deep concern if the property were to be redeveloped for different commercial purposes. He stated he did not foresee a problem with the MPDCo property being developed residential with the SYC being so close to the property; there are currently residential properties located next to the SYC. He suggested one option could be for the SYC to purchase additional property to serve as a buffer from a residential development. Todd Frostad, 23505 Smithtown Road, stated he owns the South Lake Office Building. He commented his new office building has been well accepted from a business and community standpoint. He noted it has always been his intent to continue redevelopment of the area when one of the property owners in the area was ready to sell. Because the City was considering changing the redevelopment opportunities for CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 4 of 9 the L-R District and the C-2 District, he thought it was an appropriate time to consider redevelopment opportunities. He was willing to work with the property owners to identify opportunities. He stated changing the zoning for the properties currently zoned C-2 to R-C would make the use of the properties more restrictive; zoning the properties R-C would not be appropriate and it would lessen the value of the owners' assets. It was in everyone's best interest to redevelop the .properties in an appropriate way when the landowners were ready to sell the properties. He encouraged the Planning Commission to continue consideration of this change to a future meeting. Mr. Ruehl stated it was important to keep history in perspective; the properties in the C-2 District were zoned residential at one time and were changed to a commercial zoning to facilitate what was there. If an office building were constructed on the MPDCo site, it could devalue the residential properties in the area. He stated he would have deep concern if the redevelopment accentuated the commercial use of the MPDCo property. Mr. Jabbour stated there was an easement dissecting the property in two parts; he questioned if there would be ample room for residential development because of setback requirements. Dale Smith 448 Lafayette Road, Excelsior, stated for purely selfish reasons he would like the MPDCo property be redeveloped for non-commercial use. JoAnn Schaub 5465 Timber Lane, stated planning commissioners, council members and mayors make decisions that have a very long term effect yet they are not in their positions for the long term. She then stated the Garden Patch property, the old Crepeau Dock property, and the Animal Hospital property should remain commercial. From her vantage point the MPDCo property and the SYC property should not remain as currently zoned if the, properties are sold and redeveloped; residential considerations should be taken into account. Acting Chair Gagne closed the Public Testimony portion of the Public Hearing at 7:35 P.M. Acting Chair Gagne questioned if the City had contacted the HCRRA regarding the possibility of making the license it had granted the MPDCo to allow the MPDCo's driveway to cross the HCRRA LRT trail a permanent license, or granting permanent authority to the SYC property and the MPDCo property to cross the trail. Director Nielsen stated if the topic of changing the property uses in Planning District 6 were to be continued, the first thing that should be addressed is this access issue. Nielsen then stated he thought the attorney representing the Niccums is researching this issue with the HCRRA. Acting Chair Gagne requested the City contact the HCRRA for a written clarification of its position on the license. Commissioner Gniffke supported Gagne's request. Director Nielsen recommended the continuation be for 60 days rather than 90 days. He explained all metro area Cities are required to update their Comprehensive Plans this year. The City had recently informed the Metropolitan Council it would have its update completed between September 2008 and November 2008. As part of the update process, the City has to send its updated Plan to the surrounding communities for review, and the Metropolitan Council has an opportunity to review and comment on the Plan. He stated Planning District 6 could remain an open question in the Plan; but it is a significant land use issue. He explained the Plan guides development based on a number of elements, and the City's zoning ordinance implements the Plan. He stated he has no issue with the property owners submitting potential redevelopment concept sketches. Council Liaison Woodruff expressed concern about too much emphasis being placed on the concept sketches; things could change significantly prior the properties ever being redeveloped. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page. S of 9 Mr. Frostad noted that once the City Council adopted the updated Comprehensive Plan the Plan supersedes the properties' current zoning. Director Nielsen stated the amended Plan will state the City has no issue with the current zoning as long as the use remains as is; it also will state if the properties are redeveloped the properties' zoning will change. Director Nielsen stated even if this amendment were approved, there will be another opportunity to revisit this amendment when the entire updated Plan is considered in the fall. Mr. Jabbour stated the HCRRA reserved the right to do whatever it wanted to do with the LRT trail whenever it wanted; the HCRRA will provide a 30-day notice to any change. Mr. Ruehl confirmed what Mr. Jabbour stated based on his experience on similar LRT trail situations. Gniffke moved, Ruoff seconded, continuing the public hearing for the amendment to the Comprehensive Plan regarding Planning District 6 for sixty days and directing Staff to contact the Hennepin County Regional Rail Authority for a written clarification of its position on crossing the LRT trail to access the Minnetonka Portable Dredging Company and the Shorewood Yacht Club properties. Motion passed 6/0. Director Nielsen stated the public hearing will be renoticed. Acting Chair Gagne closed the Public Hearing at 7:50 P.M. 2. HOUSE MOVING PERMIT Applicants: John and Kristi Marquardt Location: 5985 Afton Road Director Nielsen stated John and Kristi Marquardt, 5985 Afton Road, requested a house moving permit. The City's Ordinance requires the Planning Commission review house moving permits; the Commission's responsibility is to review the proposed route, subject to Staff's recommendations for acceptability, and the ultimate location of the house in the City. The Ordinance does not distinguish between relocating a house within or into the City, and out of the City. In this situation the house will be relocated outside of the City; therefore, there is no need for the Commission to review the location. He explained the initial route proposed was to go north on Cathcart Drive, then west on Smithtown Road and out of the City; because of some road construction this was not a viable route. The movers, who are licensed and bonded, have proposed an alternative route which is to go north on Cathcart Drive, east on Smithtown Road, and south on County Road 19 to Highway 7. Staff has no objection to the alternative route and recommends approval of the permit. Nielsen explained at its 7 August 2007 meeting the Planning Commission considered a conditional use permit which would allow the Marquardts to live in their existing house on the property while their new home was being constructed; the existing house would either have to be demolished or relocated within two weeks of the applicants taking occupancy of their new house. The Commission recommended granting the C.U.P. and that it be valid for nine months. Mr. Marquardt stated he hoped the construction of the new house would be completed in mid-June and the move would take place the end of June. Director Nielsen clarified the South Lake Minnetonka Police Department decides the time of day for such house moves, and they are done normally during the night. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 page_6 of 9 Geng moved, Vilett seconded, recommending approval of a house moving permit for John and Kristi Marquardt, 5985 Afton Road. Motion passed 6/0. STUDY SESSION 3. DISCUSS COMMUNITY-WIDE SURVEY Director Nielsen stated he had distributed sample city surveys to the Planning Commissioners at its 15 April 2008 meeting. At that time he asked them to consider what types of planning related questions they would want to see included in the City-wide survey; their questions would be discussed at the 6 May 2008 Planning Commission study session. That study session was cancelled; therefore the survey topic was placed on this evening's agenda. Nielsen explained the City Council had decided a professional should be used to prepare the survey; it felt the questions would be more objective. Council requested the Park and Planning Commissions submit questions the Commissions thought should be included. He commented the Park Commission had already submitted a number of questions for consideration. Council Liaison Woodruff stated the questions should be actionable; that is, the City has to be able to take some type of action based on the results of the survey. Commissioner Gnifflce questioned if it would be too late to include a question about the ward system in the survey if Council was prepared to reconsider the ward system at its June 9, 2008, meeting. Council Liaison Woodruff stated Council had discussed if it should solicit input about the wisdom of the ward system; Council scheduled a public hearing on June 9"' to take public comment about the system. If Council were to wait to solicit input about the ward system until the survey was conducted, it would be too late to have any impact on this year's election should Council decide it wanted to change to an at- large system. He stated Council had not made any commitment to take action to change the election system at its June 9"' meeting; it could decide to delay taking any action and therefore include the ward system in the survey, or it could decide to change the system. In response to a question from Commissioner Vilett, Council Liaison Woodruff stated the survey should provide the Council, Staff and Commissions guidance about what residents think should be happening in the City. In response to another question, Director Nielsen stated the survey would not be done in time to incorporate any survey feedback into this year's update to the Comprehensive Plan; it would have been ideal to include survey feedback, and it was possible to include the feedback in future updates. Acting Chair Gagne stated it had been difficult to get the public to provide input about specific topics early on in a process. Director Nielsen stated Staff looked for suggestions for how to get the public involved early on in discussions about an item; the public generally waits to provide input until such time a decision has to be made. He suggested the survey ask the residents what they thought was the most effective way for them to receive information from the City; was it the City's website, its newsletter, Cable Television, local newspapers, etc. Commissioner Ruoff stated the survey would likely provide good feedback, but he suggested the survey not be too long. Using a professional to prepare the survey could help control the length, and eliminate overlapping questions. CITY OF SHOREiVOOD PLANNING COMMISSION MEETING 20 May 2008 -Page 7 of 9 Council Liaison Woodruff suggested it would be beneficial to get input on zoning regulations and land use issues. Director Nielsen stated three residents attended the last public hearing for the Comprehensive Plan; the open house held about the Plan was better attended. Commissioner Geng agreed it is important to try and get the public involved early on in a process; if the residents had ideas on how to make that happen that would be great. He commented how the Planning Commission tried to get the commercial property owners in Planning District 6 and the C-2 District involved in 2007, and earlier this evening when a recommendation was going to be made regarding land uses is when they became more involved. Director Nielsen requested the Commissioners come prepared to discuss questions at its 3 June 2008 meeting. COMPREHENSIVE PLAN • Natural Resources Chapter Director Nielsen stated he distributed the first draft of the changes to Natural Resources Chapter of the Comprehensive Plan to the Commission this evening. He highlighted the proposed changes. The Metropolitan Council mandated certain changes; for example, the City's Surface Water Management Plan and Stormwater Pollution Protection Plan will be adopted by reference into the Comprehensive Plan. It reflects the decision in 2007 by the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) to relinquish its authority for Wetland Conservation Act (WCA) permitting for lands inside the City within the RPBCWD jurisdiction; and, the City's cooperative agreement with the Minnehaha Creek Watershed District to provide those permitting services for the entire City. The issue of invasive vegetation was added, and it includes a reference to the City's educational program advising property owners of ways to eradicate invasive vegetation. The issue of wildlife management was also added, and it references the City's deer management program. Two policies were added: to incorporate the goals and policies of the City's Surface Water Management Plan into the development review process, and to prepare and maintain a natural resources inventory for the City which would include a listing sources for environmental data. The Chapter notes the City's commitment to conducting educational programs relative to stormwater runoff. Director Nielsen stated he would like the Planning Commission to consider recommending approval of the updated Natural Resources Chapter of the Comprehensive Plan at its 3 June 2008 meeting. Commissioner Geng stated Council recently authorized a $6,000 expenditure for the herbicide treatment of Eurasian Watermilfoil and Curlyleaf Pondweed in Phelps Bay in 2008; he questioned if it would be worth mentioning that in the Comprehensive Plan. Director Nielsen stated the Plan states the City will continue to work with agencies to address aquatic invasive species primarily by continued educational efforts aimed at preventing the spread. Council Liaison Woodruff highlighted the discussions that occurred at the Council meeting regarding the expenditure decision. • Land Use Chapter Director Nielsen stated this evening he distributed a document listing his thoughts regarding land uses abutting the County Road 19 corridor through the City. That topic is one of the more significant and challenging issues relative to the Land Use Chapter of the Comprehensive Plan 2008 update. He CITY OF SIiOREdVOOD PLANNING COMMISSION MEETING 20 May 2008 ......Page 8 of 9 explained the County Road 19 corridor study concept plan primarily addressed circulation and design; it did not address land use. The concept plan did specify what would be expected with regard to landscaping; he reviewed the general types of types of things that would be required. Nielsen highlighted his thoughts. Land uses for the corridor are fairly well established on the east and north sides of County Road 19; and, on the west side down to and including Gideon Glen. The east end of the con-idor has been addressed in the Planning District 6 Area Plan. The commercially zoned properties adjacent to the Smithtown Road/ County Road 19 intersection, particularly the northwest quadrant, were relatively prime for redevelopment. The City has expressed a preference for the uses of a more retail nature rather than service commercial. Because the ultimate redevelopment of several of the sites is inhibited by size and configuration, the City favors coordinated/cohesive redevelopment, particularly for the northwest quadrant, over aproperty-by-property approach; the City cannot force that to happen. Planned unit development, possibly including mixed uses, lends itself well to the coordinated redevelopment of the area, particularly the northwest quadrant. Some possibilities for encouraging coordinated, high quality redevelopment are: tax increment financing which the City Council agreed to "consider" in 2007; a planned unit development which could provide design flexibility; and lessening read yard setbacks abutting Badger Field in exchange for greater front yard setbacks. Nielsen stated if the Commissioners agreed, he would incorporate his thoughts and the other land use issues and topics previously discussed by the Commission into the Land Use Chapter of the Comprehensive Plan and provide the Commissioners with draft copy of the revised chapter prior to its 3 June 2008 meeting. Director Nielsen stated approximately 17,000 cars traveled through the intersection each day. In response to a question from Commissioner Ruoff, Director Nielsen stated the concept plan contains things that were started but not completed, For example, the sidewalk was only partially installed. In response to another question, Nielsen stated the City had not actively promoted the redevelopment of the area; the City did want to be prepared for development requests. Director Nielsen clarified the City was not proposing to rezone the C-1 area. In response to a comment from Commissioner Hutchins, Director Nielsen stated the Minnetonka Country Club property would not be part of this redevelopment study although it would be referenced in the study. Acting Chair Gagne suggested the survey contain a question about whether or not the City should tax and bond for the purchase of the property. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. DRAFT NEXT MEETING AGENDA Director Nielsen stated there was a minor subdivision and discussion of golf carts on City streets slated for the 3 June 2008 Planning Commission meeting. The Study Session portion of that meeting would be devoted to continued discussion of the issues sections of the Transportation Chapter and the Con-imunity Facilities Chapter of the Comprehensive Plan. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 20 May 2008 Page 9 of 9 REPORTS Commissioner Gagne reported on matters considered and actions taken at the May 12, 2008, Regular City. Council meeting (as detailed in the minutes of that meeting). Council Liaison Woodruff elaborated on it. • SLUC Commissioner Vilett provided an in-depth report on the Sensible Land Use Coalition session on "Great Neighborhoods -Great Places: Reality or Wishful Thinking?"she attended on 30 Apri12008. She thought the session was very worthwhile. • Other None. 8. ADJOURNMENT Hutchins moved, Ruoff seconded, Adjourning the Planning Commission Meeting of 20 May 2008 at 9:05 P.M. Motion passed 6/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder CITI' UC SHOREWOOD 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 5 June 2008 RE: House Moving Permit -Marquardt FILE NO. Property (5985 Afton Road) Last year Kristi and John Marquardt were granted a conditional use permit to leave their existing home at 5985 Afton Road in place while they built a new home. As they approach completion of their new home, they propose to move their existing home to a property outside of Shorewood. Section 1002 of the Shorewood City Code addresses three primary concerns relative to the relocation of structures in Shorewood: 1) ensuring that buildings being moved into the city comply with building and zoning requirements; 2) ensuring that the mover is licensed and bonded; and 3) traffic and safety along the moving route. In this case the building and zoning requirements are irrelevant since the home will be moved- out of Shorewood. The Marquardts have commissioned Groh & Groh, Inc.(DBA Janesville House Mover) to move the building. A copy of their license is attached for your review. The City Engineer has reviewed the proposed route. Due to construction on the west end of Smithtown Road, the building will be moved north along Cathcart Drive to Smithtown Road, then east to County Road 19, then south to State Highway 7 and west out of the area. The mover has contacted the SLMPD to coordinate the time of the move, which will occur at approximately 12:00 midnight. The actual date of the move will be determined once Council has approved the permit. The Planning Commission voted to recommend approval of the house moving permit per staff's recommendations. Cc: Larry Brown James Landini Kristi Marquardt Joe Pazandak r. ~~ PRINTED ON RECYCLED PAPER ~: f.;7 a•~ (`! d .e.~+ ~'i WP !# .~: At ~t ~~ ~B ~ ~ ~ ~. .~C. ~c3 ~ ~ k7 y~ ~' ~ ~ 1~ ,~~saat#ya ~. ~' a~. r;Y~+~t4~'. - r- ~; c .~ ' c '~ ~ ~. 3 -, ro _ r r V .~ > .d v+ ~ L C ._ C^ " ~ r ~ ~ y . O G. / ~ > ;ti an ~ ~~ ~ 5 ~.:. ~" ~~ ~ .~ ~ G~ LK ~].'~ a (~ c~. ~"'~ ti ~ ` '"' ~ `~ y _ ,..r c^` ~natF GL.I ~ GA ~, s~ w c; f ~J ' _ ~ . ~ru~n fV ta"; wnaen :,, ~ ~ I.LI C ~ tai ~~, ~ ~iQ ~` v, SS +`J ti} ~ ` v , ~ M 7 ~ ~ d ~ rr, P~,~o~ _tt ff ~" u LV •..~ ~ 4/+M ~ ~ Mi L F ~ f~ T 1 i ~ oL ;~ C. -~$~ ~"7 f i ^a ~ ,~ {~ N 6~ N • n O ~w fii 7~~¢j N C Y V ~.Z. ~''R ;~ t' ~ ~ F / 4~ ~~ r ~ s °~ n3 •' I 3 ;v 7. ~_ _a ~ .K u N :. r ~ y :~ a r ~ : `~ >. ~ v ~ G..~ o o ~ .n' r u ~ ~% ~ a . Y ~ ~ ~ ~ K :~ .~ ~ ~ ~., ~ :.Fw i~+ y '~ :v y, ;., ti ~? 'TJ ` r, i rt ~4 r ~ ~ ~ ~ ~ ~ yy J ~ ~ ` ~ ~ ~ N C) ~ Exh~b~ 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: Brad Nielsen DATE: 5 June 2008 RE: Minnewashta Elementary School -Parking Management Plan FILE NO. 405 (08.04) As a condition of the most recent MinnewashtaBlementary School conditional use permit, the School District was asked to submit a parking management plan by the end of May. Although staff has not had an opportunity to go over it in detail with School District representatives, we have placed the draft on the 9 June City Council agenda for preliminary discussion. Following are our initial comments regarding the plan: Pg. 1 Notice to area residents is a positive measure that will assist staff in monitoring the success of the plan. Pg. 2 The total number of parking spaces has not yet been determined. Pg. 2 Notice to parents is essential. The District should copy the City with material sent to parents relative to parking. The drop-off and pickup areas should be illustrated on the management plan drawings. Pg. 3 A list of school contacts has been provided as requested. Pg. 3 The plan suggests a review prior to May 2009 and provides for amendment by the City. It suggests that the City may wish to impose a limit on the number of events. This needs to be discussed. Pg. 4 The text "the prudent use of signage". Staff agrees. The plan should include the location and text of proposed signage. ®~ j®~B PRINTED ON RECYCLED PAPER #B. B. Memorandum Re: Minnewashta Parking Management Plan 5 June 2008 Pg. 4 Placement of barricades on nearby local streets. This is an aggressive measure that deserves additional discussion. Temporary "no parking" signs may also serve the same purpose. Pg. 4 The City should be included in the notice of special event schedule. Pg. 5 The plan should indicate how many staff and para monitors will be required to implement the proposed plan for various types of events. Pg. 5 The exhibits supporting the plan are sketchy and too small in scale to be readable. The District is in the process of refining the drawings. It is worth noting that the District suggests that an additional parking lot maybe able to be located to the west of the westerly lot. This option should be encouraged. Pg. 6 The list of day and evening events should include dates, even if tentative at this time. Pg. 6 The plan acknowledges that assistance will be required at times from local law enforcement authorities. Overall, the draft plan represents a good start. While staff would have like to have resolved the issues raised herein, we felt it important to show the City Council what progress has been made to date. A (hopefully) final draft of the plan will be included on the 23 June Council agenda. Cc: Larry Brown Tim Keane James Landini Mike Condon -2- TRAFFIC MANAGEMENT PLAN MINNEWASHTA ELEMENTARY SCHOOL MINNETONKA PUBLIC SCHOOLS ISD 276 May 30, 2008 Prepared by: Mike Condon, Supervisor of Building and Grounds 5621 County Road 101 Minnetonka, MN 55345 Cindy Andress, Principal Minnewashta Elementary 26350 Smithtown Road Excelsior, MN 55331 Cam us Mayor Event Management Plan May 2008 Traffic Management Plan Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 TABLE OF CONTENTS TRAFFIC MANAGEMENT PLAN MINNEWASHTA ELEMENTARY SCHOOL MINNETONKA PUBLIC SCHOOLS ISD 276 TRAFFIC MANAGEMENT PLAN ................................................................................ 1 MINNEWASHTA ELEMENTARY SCHOOL ............................................................1 MINNETONKA PUBLIC SCHOOLS ISD 276 ............................................................. 1 I . INTRODUCTION ..................................................................................................... 1 2. TRAFFIC/PARKING ANALYSIS ......................................................................... 1 3. SITE TRAFFIC MANAGEMENT PLAN .............................................................. 4 A. Policy Statement for Minnewashta Traffic Management Plan .... 5 B. Site Modifications to Implement Plan ............................................. 5 C. Sample Event Scenarios .................................................................... 5 D. Enforcement ...................................................................................... 6 Figure 1 -Location Map ............................................................................. 9 Figure 2 -Site Ilnprovements ................................................................... 10 Figure 3 -School event daytime parking plan ......................................... 11 Figure 4 -School event evening parking plan .......................................... 12 Figure 5 -Non-school event evening parking plan .................................. 13 Figure 6 -Campus Field parking plan ...................................................... 14 Traffic Management Plan Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 Minnewashta Elementary School Site Management Plan May 2008 1. INTRODUCTION It is the intent of the District, tluough development of this Site Management Plan, to be a good neighbor to the residential communities surrounding the . Mimzewashta Elementary School site and to have Mimzewashta Elementary School considered an asset to the neighborhood. The goal of the Mimzewashta Elementary School Site Management Plan is to maximize the use of and access to the public facilities provided at Mimzewashta Elementary School for school and community activities, taking into consideration the impact on residents whose property borders the site. The Plan will address traffic management, communication with neighbors and parking access to the site. Annual update and review, and responsibility for administration of the Site Management Plan. Accountability is an important consideration in the Management Plan. Minnewashta Elementary School is accountable and responsible for the Mimzewashta site. This includes consideration for the impact of on-site activities on neighbors and residential communities. The primary concern of the residents and city staff are the general traffic operation of the Minnewashta Elementary School site. Specifically, the issue was compliance by the school district with commitment made in the approved Conditional Use Permit for the Minnewashta construction project. The school district agreed to provide a Traffic Management Plan and to work with the City's staff on developing this Traffic Management Plan. Typically all school buildings are located in a residential area. Operationally the District has sought to be a "good neighbor" to those residential communities and to have the school considered an asset to the neighborhood. The following sections of this plan outline the proposed Minnewashta Elementary School Traffic Management Plan. The basic premise on which traffic will be managed at Minnewashta accompanied by identified event scenarios, the Traffic Management Plan for each scenario, and the site improvements necessary to accommodate. each event. A letter or flyer will be mailed to neighbors of Minnewashta Elementary School informing them that the Plan is available on the Minnewashta web page, or is available by snail on request. To expedite communication residents are urged to provide an email address to the Minnewashta Elementary office carol. j ohnson@minnetonka. k 12.mn.us Traffic Management Plan Page 1 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 The Traffic Management Plan prepared by Minnetonka Schools and presented to the City of Shorewood is incorporated herein by reference. The Traffic Management Plan is designed to address the issues raised as a result of construction at Mimlewashta Elementary School campus 2008. The purpose of the Traffic Management Plan is to control access to the Minnewashta site parking lots. 2. MINNEWASHTA CAMPUS DAILY OPERATING PLAN -MAY 2008 In an effort to minimize the impact on the surrounding community during the school day as a result of school being held on campus of Minnewashta Elementary School, ISD 276 shall manage the day-to-day activities according to the following plan: CAMPUS CAPACITY The total number of students attending school on the "campus" equals 701 with 90 total staff. The total number of parking slots on the campus equals xxx slots, including the bus parking. Campus parking capacity is as follows: Minnewashta Elementary School depending on event scenario. Arrival and Departure: Bus Arrival Bus Departure Minnewashta Elementary School 8:30 a.m. 3:30 p.m. Staff parking lots usually begin filling by 7:30 a.m. The largest number of staff arrives between 7:30 and 7:45 a.m. Student arrivals at Mimlewashta school will be approximately 8:25 a.m. to 8:35a.in. Staff departures begin following the school day and continue on for the next hour to hour and a half. Student pick-up will again empty onto Smithtown Road beginning at the end of the school day and continue for approximately fifteen minutes. The issue of parents using the front parking lot for student drop-off and pickup should be resolved with the construction of the new expansion and design of the front parking lot. Parents will be directed to use the current lot for dropping off and picking up students. As a parent drop-off and pickup location with students using the door to enter the building. With the new configuration, the door will be locked as a student entrance requiring them to use the main entrance. Traffic Management Plan Page Z Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 COMMUNICATION/INFORMATION The school district will publish its regular schedule for the campus activities and events. Communication will take place in the local newspapers, district and building websites, printed schedules provided by the Minnetonka School District and throughout the school year through school district publications. If community needs information or follow-up regarding events or activities happening at Minnewashta Elementary School Campus the first call for information during evening hours should be the Buildings and Grounds Office. During regular business hours, the district scheduling office can provide information concerning a particular event and to express concerls. Buildings and Grounds Office (952) 401-5037 District Facility Scheduling Office (952) 401-5052 Minnewashta Elementary School Office (952) 401-4130 Principal's Office (952) 401-5503 PARENT EDUCATION PLAN Parents at the building on the campus will be informed of new parking arrangements, students drop-off and pick-up, altered schedules and school activities through school newsletters, district and building websites, other district communications going to parents homes and local newspapers. PLAN REVIEW This operational plan will be reviewed on an ongoing basis to accommodate changes that imay occur on campus as a result of changing needs for the benefit of the coimimunity. The first review due to the many changes taking place during this suimmer, which will have, and impact on day-to-day operations will be the fall of 2008. After this initial review, an annual review will take place every suimimer to address issues that have occurred during the year. City Staff shall review the management plan with the school district after several events have occurred. The city shall review the management plan prior to May 2009. The management plan maybe amended by the City Council from time to tune if off-site adversely impact the health, safety, and welfare of adjacent residents or City facilities in a manner not contemplated at the time of this approval. This may include an imposition of a limit on the number of events. Traffic Management Plan Page 3 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 MINNEWASHTA ELEMENTARY SCHOOL MANAGEMENT PLAN Field events at Minnewashta Elementary School shall be managed according to the following Plan: Field Use Nighttime use of the campus fields without an approved Facility Use Permit shall be limited to scheduled school events. Facility Use Permit approval is required for any campus field nighttime activity that is not a scheduled school event sponsored by the School District and for any event scheduled between June 15 and August 15. SITE TRAFFIC MANAGEMENT PLAN The Mirlnewashta Elementary off street parking in the neighborhood identified during school, after hours acid"weekend traffic in the parking lot as the prime irritant to neighborhood residents. Basic to addressing the problem is a plan to limit and/or manage vehicle access to the Minnewashta Elementary parking lot during school daytime and evening events and evening and weekend hours for non-school events. This can be accomplished through prudent use of signage, and through vigilant monitoring of event parking needs by Minnewashta staff. 1. The School District shall manage events so that other substantial events within the campus will not be scheduled during major school events. 2. The School District shall install and remove barricades under the direction of the Chief of Police at the entrance to the following neighborhood streets: The barricades will permit local traffic only, advise that no parking is allowed on residential streets during game events and state that enforcement will include ticketing and towing. The School District shall use a team of parking attendants with identifiable reflective vests to direct vehicles into appropriate parking lots and assist in directing traffic. 4. As far in advance as practical, the School District shall provide a schedule of school events to each home in the residential area affected by parking restrictions. Traffic Management Plan Page 4 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 A. Policy Statement for Minnewashta Elementary Traffic Management Plan Traffic on the Mimzewashta campus parking lots will be managed or have restricted parking between 6:00 AM and sunset, tluoughout the school year. B. Site Modifications to Implement Plan Several site improvements will be required to implement the Traffic Management Plans. Figure 1 & 2 illustrates these improvements. These improvements include the following: 1. Ti^a~c Mmiage~nentof daytime school events : Installation of a new striping plan for vehicle parking and monitoring of vehicle parking. Miiuzewashta custodial staff and Para monitors, as directed by the Minnewashta administration, will be responsible for daily operation of the Minnewashta vehicle parking. (see Figure 3). 2. Tragic Nlanagefnetxt of evening school events: Installation of a new striping plan for vehicle parking and monitoring of vehicle parking. Minnewashta custodial staff and Para monitors, as directed by the Minnewashta and Buildings and Grounds administration, will be responsible for daily operation of the Minnewashta vehicle parking (see Figure 4). 3. Traffic Management noix-school evening and weekend events: Installation of a new striping plan for vehicle parking and monitoring of vehicle parking. Mimzewashta custodial staff as directed by the Buildings and Grounds administration, will be responsible for daily operation of the Minnewashta vehicle parking. (see Figure 5 & 6). C. Sample Event Scenarios Minnetonka School District staff and city staff, reviewed the issues and determined that the focus of the Traffic Management Plan should be on the tune of day, day of the week, and special events. For each during and after school and weekend events Minnewashta staff will monitor parking needs to determine if the parking lot will be required to accommodate the anticipated number of vehicles per event scenario. Four sample event scenarios for the Minnewashta Elementary School were identified for specific traffic operations plans. Each scenario is discussed below: Traffic Management Plan Page 5 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 Weekday AM School Events: This scenario includes noz-znal AM school related site operations on Sunday tl-uough Saturday between 7:00 a.m. and 3:00 p.m.. This includes a typical day during the school year. The site traffic management would include: (List of potential events) • Picture Day • Track Meet • Story Hour • Kindergarten Visit/Bus Rides/"Come Share Our Music Day" • Music and Muffins • Grand Friends Day • I Can Do Anything Day • Elementary Choir School Tour • Peace Site Assembly See Figure 3 for illustration of the site traffic management. 2. Weekday PM School Events: This scenario includes normal pzn school related event site operations on Sunday through Saturday between 3:00 p.m. and sunset. The site traffic management would include: (List of potential events) • Open House and Ice Cream Social • Curriculum Night • Kindergarten Registration • Art Fair See Figure 4 for illustration of the site traffic znanageznent. 3. Evenings and Weekend Non-school and Campus Field use Events: This scenario includes the normal non-school event site operations between 3:30 p.zn. and sunset, Monday through Friday and all day Saturday and Sunday. The following traffic management will be in operation: (List of potential events) • South Tonka Little league Tonka United Soccer • Minnetonka Girls Softball See Figure 5 & 6 for illustration of the site traffic management. D. Enforcement The traffic management techniques as discussed above with the installation of the signage and outline parking scenarios will help to secure and direct vehicles to the appropriate parking facilities. However, there will be times where specific enforcement znay be required. In those instances, Mimlewashta Elementary School will work with local authorities to enforce the parking restrictions as described in our agreement. Traffic Management Plan Page 6 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 Accountability The following people are responsible to make certain the above-described management Plan is enforced: Minnewashta Principal, Cindy Andress (952)401-5503 will have primary responsibility for scheduling of Minnewashta school event activities. Mirnlewashta Office, Carol JoluZSOn (952)401-4130 Supervisor of Buildings and Grounds, Mike Condon (952)401-5039, will have responsibility for maintenance of the site and scheduling of evening weekend non-school event activities. Executive Director of Finance and Operations, Paul Bourgeois (952)401- 5024, will have responsibility to make.certain the Site Management Plan is updated to make certain residents are able to access the lcey individuals who can respond to their question or concern. Superintendent of Schools, Dr. Demzis L. Peterson, (952)401-5004, responsible to make certain the above individuals assigned the respective responsibility for the Site Management Plan properly administer and update the Plan. Traffic Management Plan Page 7 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 APPENDIX Traffic Management Plan Page 8 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 :,~ ~ ; At9GUST EEBRIDARY ,.. ... s s m t w th f s s m t w th f s ' _ ~~ 1 ~~ ~ 1 2 1 2 3 4 5 6 7 -~= ~~~ ~ ~ 3 4 5 6 7 8 9 8 9 10 11 12 13 14 r7iia~i lt~'_~il ? I ~ ~ 10 11 12 13 14 15 16 15 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27.; 28 24 25 26 27 28 29 30 August 15-22 .............. ................New TeacherWorkshops (tentative) 31 12 i K Pl August 26-28 .............. - ) ann ng ( ............. TeacherWorkshop & September 1 ............... .... NoSchool, Labor Day, District Office Closed SEPTEMBER M A R C H September 2 .............. ..Schoolbegins,full-day(1-12),Beginlx Quarter s m t w th f s s m t w th f s September 2-3 ........... ................................. Kindergarten Assessment O 3 5 6 1 2 3 4 5 6 7 September 4 .............. .............................School begins, Kindergarten 7 ~g~ 9 10 11 12 13 8 9 10 11 12 13 14 October 9 ................... .................................... P/T Conferences 4-Spm 14 15 16 17 18 19 20 15 16 17 18 19 20 21 October 10 ................. .....:.... NoSchool K-12; P(T Conferences 4-4pm 21 22 23 24 25 26 27 22 23 24 25 26 27 28 October 16-17 ............. .....K-12 No School,TeacherStatewide Meetings 28 29 30 29 (4 additional hours will be scheduled by site for P/f conferences the weeks ofOctober 13 and 20) ®C T ®B E R A P R e~ November 6 .............. ................................................End of 1"Quarter s m t w th f s s m t w th f s November 7 .............. ..................................................No School K-12; Teacher Staff Development/Planning/Grading 1 2 3 4 4 November 10 ............ "d ................................................Begin 2 Quarter 5 6 7 8 0 !:10 ': _ 11 5 ~6 7 8 9 r -~ 11 November 27-28 ...... ............... NaSchool K-12;District Office Closed 12 13 14 15 18 12 13 14 15 16 17 18 Thanksgiving Break 19 20 21 22 23 24 25 19 20 21 22 23 24 25 December 22-31 ...... .............................No SchoolK-12,WinterBreak 26 27 28 29 30 31 26 27 28 29 30 December 24-25 ...... ............................................District Office Closed January 1 .................. .................. District Office Closed, NewYear's Day NOVEMBER M A Y January 1-2 .............. ...:..........................No School K-12, Winter Break 5 m t w th f 5 5 m t w th f s January 19 ............... ..... NoSchool, District Office Closed, MLT Jr. Day 1 1 2 January 22 .............. ................ End of 2nd Quarter, End of 1"Semester 2 3 4 5 6 7 8 3 4 5 6 7 8 9 January 23 .............. .....................................................No School K-12 9 10 11 12 13 14 15 10 11 12 13 14 1 S 16 Teacher Staff Development/Planning/Grading 16 17 18 19 20 21 22 17 18 19 20 21 22 23 January 26 .............. ..................Begin 3m Quarter, Begin 2"d Semester 23 24 25 26 29 24 «~ 26 27 28 29 30 February 16 ............. ................ NoSchool K-12; District Office Closed, 30 31 Presidents Da y February 26 ............. .......................................P/T Conferences, 4-Spm DECEMBER JUN E February 27 ............ ........NoSchooJ K-12; P/T Conferences Sam-4pm 5 m t w th f 5 5 m t w th f 5 (4 additional hours will be scheduled by site for P/f conferences the 1 2 3 4 5 6 1 2 3 4 5 6 weeks of February 13 and Mmch 2) 7 g g 10 11 12 13 7 8 ~9 10 11 12 13 March 26 ................ .......................................................End 3i° Quarter 14 15 16 17 18 19 20 14 15 16 17 18 19 20 March 27 ................ .....................................................No School K-12; 21 27 21 22 23 24 25 26 27 Teacher Staff Development/Planning/Grading 28 `~ 28 29 30 31 h 30 M No School K-12; Spring Break ......... arc - ................................ April 1-3 ................ ................................ No School K-12; Spring Break JANUARY J U L Y April 6 ................... .................................................... Begin 4`" Quarter 5 m t w th f 5 5 m t w th f 5 April 10 .................. ..................No School K-12; District Offices Closed 3 1 2 4 May 25 .................. .................. No School K-12; District Office Closed, 4 5 6 7 8 9 10 5 6 7 8 9 _ 10 11 Memorial Day 11 12 13 14 15 16 17 12 13 14 15 16 17 18 June 9 ................... .......................................... Last day of school K-12; 18 20 21 22 23 24 19 20 21 22 23 24 25 End 4d' Quarter, End 2nd Semester 25 26 27 28 29 30 31 26 27 28 29 30 31 June 10 ................. ......................................Full DayTeacherWorkshop O First/last day of school; New Quarter Begins _ All dis trict offices and schools cl osed First day of school for Kindergarten ® No sch ool for staff and students -School Closed Parent/Teacher Conferences after schoo l Nosc hoolforstudents-Teache rWorkshop/Planning/ : .._ i No schoolforstudents-ParentlTeacher ..... Conferen ces Grading Days Conetlea calendar painted August 10, 2Q97 .. Figure 1 -Location Map Traffic Management Plan Page 9 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 Hennepin County Property Map Print Page 1 of 1 The data contained on this page is derived from a com pilation of records and maps and may contain discrepancies tha[ can only be di sclosed by an accurate survey performed by a licensed land surveyor. Tlie perimeter and area (square footag e and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin Coun[y does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresen tation of this Information or its derivatives. !, 1uc~u5 ,,~;!G; 1UU55 6' 2u`_l ;_ 1ti5q!~Ge_ X635 11y~7i1 115t~a 5 ' ZG;;SU {r 1V k~51 rc•~D ___ __ __..._ I ` ii 11iS1f~ ~ _. __ __- ' G, .= 11 :aup~; Sti:_ Sa5 __ - - Z 5 I'_~ U it j I _. ~ ~=71 llJf _() x+ I urn itita't9 ~I ~ •v to 2 1 rn c 4W ,A «_V ., . 3 iJ 5755 5775 1L'i?Q SMiTHTOVYN fiQ __ ___-- __, _ iu755 ~ PrI1I5 i` 2G~,+`_, +__ 215115 ' -- 1t54U:: i 5-- [i2. ~ Selected Parcel Data Date Printed: 5/30/2008 2:38:36 PM ; Parcel ID: 32-117-23-24-0013 ~' Current Parcel Date: 5/4/2008 _ 1 Owner Name: SCHOOL DIST NO 276 ~ Parcel Address: 26350 SMITHTOWN RD , SHOREWOOD , MN 55331 Property Type: COMMERCIAL-PREP Sale Price: $0.00 Homestead: NON-HOMESTEAD Sale Date: / Area (sgft): 689402 Sale Code: Area (acres): 15.83 A-T-B: BOTH Market Total: $0.00 Tax Total: $847.40 SGUS ~':6 2 ~. 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Z=mO ~~~ Z ~ ~ m I -ioy~ I~p('' --I ~ ~1 ~ ~~ ~ ~,~ ~ ~ - ~ ~~ ~o~9 ` ru o~ Y ~' ~6 m ~. z~ Figu~°e S -Non-school evening c~nd weekend events Traffic Management Plan Page 13 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 Figure 6 - Ccznipus Fields Eve~~ts Traffic Management Plan Page 14 Minnewashta Elementary School 26350 Smithtown Road Excelsior, MN 55331 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: Planning Commmission FROM: Brad Nielsen DATE: 2 June 2008 RE: Golf Carts on City Streets FILE NO. City Code (Chapter 610) As you are aware, the City Council has received a request by a Shorewood resident to be able to operate his golf cart on city streets. The request initially included just streets in the gentleman's neighborhood -the northeast portion of the City often referred to as "the Manor". The request was later expanded to include crossing Highway 7 to get to the Waterford commercial area and a route to get into Excelsior. The Council has asked the Planning Commission to consider this matter and make a recommendation as to whether the City should allow such activity on city streets. Larry Brown, the Public Works Director has prepared a memo (see Attachment I), dated 10 Apri12008, providing the State law on this issue, as well as some sample ordinances that other cities have adopted. He also raises a number of pertinent questions that should be answered in the discussion of this matter. Mr. Brown's memo expresses a certain skepticism as to the wisdom of allowing this activity on Shorewood streets, particularly since so many are narrow and winding. We have asked the Police Chief to weigh in on the issue as well. He expresses the same concerns as the Public Works Director. We will try to have something in writing from him prior to tomorrow night's meeting. Cc: Larry Brown James Landini Brian Litsey .~ s-«~ PRINTED ON RECYCLED PAPER #8C. MEMORANDUM 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 TO: Mayor and City Council FROM: Larry Brown, Acting City Administrator DATE: April 10, 2008 RE: Discussion regarding the Use of Golf Carts on City Streets. During the March 10th, 2008 City Council meeting, Councilmember Woodruff indicated that two requests had been received by City Council members for the use of golf carts on public roadways. Staff was directed to provide information regarding this type of use. The operation of golf carts is governed under Minnesota State Statute 169.045, as shown below: 169.045 SPECIAL VEHICLE USE ON ROADWAY. Subdivision 1. Designation of roadway, permit. The governing body of any county, home rule charter or statutory city, or town may by ordinance authorize the operation of motorized golf carts, or four-wheel all-terrain vehicles, on designated roadways or portions thereof under its jurisdiction. Authorization to operate a motorized golf cart or four-wheel all-terrain vehicle is by permit only. For purposes of this section, a four-wheel all-terrain vehicle is a motorized flotation-tired vehicle with four low- pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. Subd. 2.Ordinance. The ordinance shall designate the roadways, prescribe the form of the application for the permit, require evidence of insurance complying with the provisions of section 65B.48 subdivision 5 and may prescribe conditions, not inconsistent with the provisions of this section, under which a permit may be granted. Permits maybe granted for a period of not to exceed one year, and may be annually renewed. A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart or four-wheel all-terrain vehicle on the designated roadways. The ordinance may require, as a condition to obtaining a permit, that the applicant submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or four-wheel all-terrain vehicle on the roadways designated. ~> Attachment I r.~ PRINTED ON RECYCLED PAPER Mayor and City Council Discussion of Golf Carts on Local Roadways April 10, 2008 Page 2 of 4 Subd. 3. Times of operation. Motorized golf carts and four-wheel all-terrain vehicles may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. Subd. 4. Slow-moving vehicle emblem. Motorized golf carts shall display the slow- moving vehicle emblem provided for in section 169.522, when operated on designated roadways. Subd. 5. Crossing intersecting highways. The operator, under permit, of a motorized golf cart or four-wheel all-terrain vehicle may cross any street or highway intersecting a designated roadway. Subd. 6. Application of traffic laws. Every person operating a motorized golf cart or four-wheel all-terrain vehicle under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter, except when those provisions cannot reasonably be applied to motorized golf carts or four-wheel all-terrain vehicles and except as otherwise specifically provided in subdivision 7. Subd. 7. Nonapplication of certain laws. The provisions of chapter 171, are not applicable to persons operating motorized golf carts or four-wheel all-terrain vehicles under permit on designated roadways pursuant to this section. Except for the requirements of section 169.70, the provisions of this chapter relating to equipment on vehicles is not applicable to motorized golf carts or four-wheel all-terrain vehicles operating, under permit, on designated roadways. Subd. 8. Insurance. In the event persons operating a motorized golf cart or four- wheel, all-terrain vehicle under this section cannot obtain liability insurance in the private market, that person may purchase automobile insurance, including no-fault coverage, from the Minnesota Automobile Assigned Risk Plan at a rate to be determined by the commissioner of commerce. History: 1982 c 549 s 2; 1986 c 452 s 19; 1 Sp1986 c 3 art 2 s 12; 1987 c 337 s 121,122; 1997 c 159 art 2 s 18 As staff reviewed this issue, the apparent questions are: 1. What is the nature of the requests received? Will the permit required be issued merely due to convenience or recreation or due to physical challenges or limitations? Mayor and City Council Discussion of Golf Carts on Local Roadways April 10, 2008 Page 3 of 4 2. Statute 169.045 also makes reference to four-wheel all terrain vehicles. Is the City going to allow both of these types of vehicles to be operated on local roadways by an ordinance? 3. The subject statute indicates that these vehicles shall be operated by the owner securing and annual permit for a designated route. In addition, the statute allows operators of such vehicles to cross any intersecting street or highway. If approved, is the City willing to allow crossings of major roadways (such as State Trunk Highway 7 or Covington Road)? Note that Statute 169.045 states that if the governing body chooses to allow for the operation of such vehicles on the local roadways, it shall be governed by way of ordinance. Staff has researched ordinances that have been put in place by other municipalities, under this statute. Staff has included ordinances adopted from the following Cities, and are attached as follows: - Attachment 1: City of White Bear Lake, Ordinance No 607 -Operation of Motorized Golf Cart - Attachment 2: City of Princeton, Ordinance 760 -Motorized Golf Carts - Attachment 3: City of Slayton, Ordinance 308 - Attachment 4: City of Gaylord, Ordinance 248 -Motorized Golf Carts It appears that the ordinances that have been put in place are very similar. Minor modifications include the specific permit requirements. Certainly, it is without question that the State has permitted each municipality the right to develop and adopt an ordinance which would allow the use of golf carts on local (designated) roadways. Having said that, the question arises is this a proper acid safe use for roadways within the City of Shorewood? Strictly from an en ing eerin~ viewpoint, staff receives many concerns about speed in almost every neighborhood. Often times the issue is brought up to staff that character Shorewood's narrow roadways makes it difficult for even pedestrians to travel along the edge of roadways without putting themselves at risk. Speed along local roadways is a constant and unresolved issue. Thus, the question is raised, how are drivers going to react along the narrow roadways to these slow moving vehicles? It would seem probable, from what staff has observed in various neighborhoods, that a motorist is likely to pass a golf cart designated as a slow moving vehicle. Mayor and City Council Discussion of Golf Carts on Local Roadways April 10, 2008 Page 4 of 4 With many of the local roadways ranging between 18 to 22 feet in width, the passing vehicle will be required to shift lanes into oncoming traffic. Creating the additional need to have one motorized vehicle pass another traveling along the edge of the roadway or even in the midst of the travel lane should not be taken lightly. In various portions of the Country, it is not uncommon for such vehicles to be operated on local roadways. Typically, one may see this in gated or elderly housing areas, or on roadways that are wide enough to permit the slower moving vehicle to travel along the shoulder or edge of the roadway, versus the main stream of traffic. Again, the points expressed above are solely from a traffic engineering perspective. Action If the City Council determines that such an ordinance to allow for the operation of golf carts is desired, Council would then direct staff to prepare a draft ordinance for operation of Golf Carts on Local Roadways. 607.010 TRAFFIC REGULATIONS ~ 607.015 Vt. TRAFFIC REGULATIONS 607 OPERATION OF MOTORIZED GOt_F CART 607.010 Findings and Pumose. The City Council finds that the operation of motorized golf carts on certain roadways may improve the mobility and accessibility of physically disabled individuals. The State of Minnesota authorizes cities to allow the operation of motorized golf carts on some roadways, as defined in Minnesota Statute 169.045. 607.011 Permit Required. No person shall operate a motorized golf cart on roadways within the City unless granted a permit under this ordinance. Registration does not exempt compliance with all applicable local, state, or federal laws. 607.012 Definitions. Certain words or phrases when used in this section shall have the following meaning: 1. Motorized Gol# Cart. A motorized golf cart is a vehicle with four wheels used primarily for light terrain slow moving operation. For purposes of this ordinance, the motorized golf cart shall be equipped with the following: front and rear tum lights, head lights and tail lights, rear view mirror and a windshield. 2. Designated Roadwavs. Roadways within the City of White Bear Lake with a posted speed limit of thirty-five (35) miles per hour or less. 3. Physically Disabled. A White Bear Lake resident who meets the criteria set forth in Minnesota Statute 169.345 to obtain a disability parking certificate. 607.013 Application of Permit. Every application for permit under this section shall be made on a form supplied by the City. The application shalt include: 1. Copy of a current permanent, long term, or temporary disability parking certificate. 2. Evidence of insurance complying with the provisions of Minnesota Statute 65B.48 subdivision 5. 3. Evidence of Valid driver's license 607.014 Slow-Movina Vehicle Emblem. The motorized golf cart shall display the slow-moving emblem as described in Minnesota Statute 169.522 when operating on designated roadways. 607.015 Crossing Intersecting Highways. The motorized golf cart may cross any street or highway intersecting a designated roadway. ATTACHMENT 1 ORDINANCE -CITY OF WHITE BEAR LAKE 607.016 TRAFFIC REGULATIONS 607.019 607.016 Application of Traffic taws. Persons operating a motorized golf cart have the same rights and duties applicable to drivers of any other motor vehicle under the provisions of Minnesota Statute. 607.017 Times of Operation. A motorized golf cart may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. 607.018 Term of Permit. A permit issued under this ordinance will be effective beginning with the date of issuance. Permit may not be granted for a period over one year, and may be annually renewed. The license shall expire March 31 each year or the date of expiration on the disability parking certificate. A permit may be revoked by the White Bear Lake Police Department at any time if there is evidence that the licensee cannot safely operate the motorized golf cart on designated roadways. 607.019 Permit Displayed. The permit issued shall be displayed so that it may be viewed from the rear and left side of the motorized golf cart. (Ref. Ord. No. 1037, 6/14/06) City of Princeton Title 7 TrafficlVehicles (E) Issuance of permit. The Administrator of this city, upon approval by the Council, may issue a permit authorizing the applicant to organize and conduct RMV organized event or RMV contest within the city for a period not to excee consecutive days. (1) The Administrator is hereby authorized, upon recommendati of the Chief of Police, to suspend and/or alter and change existing ~ y ordinance and regulations regulating the operation of snowmobiles in the city so as to permit the aperation thereof, under different to and conditions, in said RMV organized events. (2) The Administrator may authorize RMV event on any public property the municipal airport, and, furthe regulations and provisions tog r organized events. pera g a RMV during said organized n or city-owned property, not including may establish minimum required safety the operation of RMV during such RMV (a) These regulati and provisions may include authorizing persons 12 years of age older to so operate, providing that each such snowmobile operator all have in his or her immediate possession a valid State of Minn ota snowmobile safety certificate. (b) a said terms, regulations and provisions may also require the wearing by all RMV operators at all times ofState ofMinnesota-approved safety helmets. 750.99 Pe 'es. Any person violating the terms of this chapter shall be guilty of a petty sdemeanor and, upon conviction thereof, be as provided in § 100.99. Chapter 760 -Motorized Golf Carts 760.01 Use of City Streets. (A) Motorized golf carts shall only be operated on city streets which the Council shall by resolution designate as cart routes. (B) Only persons who have a valid permit issued by the city under the conditions in §760.02. (C) When a person holding a valid permit does not reside on a designated cart route, the permit holder may use the most direct route available to reach a designated route from the residence, but shall not operate the cart on any other street not designated as a cart route. Where the permit holder's destination is not on a designated route, the permit holder may use the most direct route between the destination and the neazest designated route. ATTACHMENT 2 7-19 ORDINANCE -CITY OF PRINCETON City of Princeton Title 7 Traf~clVehicles (D) Motorized golf carts may only be operated on designated routes from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke,. fog or other conditions or at any time when there is insufficient light to clearly see persons in vehicles on the roadway at a distance of 500 feet. (E) Motorized golf carts shall display the slow moving vehicle emblem provided for in M.S. § 169.522, as it may be amended from time to time, when operated on designated routes. (~ Every person operating a motorized golf cart under permit on designated routes has all the rights and duties applicable to the driver of any other vehicle under the provisions of M.S. Ch. 169, as amended from time to time, except when those provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in M.S. § 169.045, Subd. ~7, as amended from time to time. 760.02 Requirement for Permit. (A) Each person desiring a permit for the operation of a motorized golf cart must submit an application provided by the city accompanied by an application fee as established by the City Council by resolution. (B) Each application shall show evidence of the name and address of the applicant, evidence of insurance which meets the requirements of M.S. § 65B.48, Subd. 5, as amended from time to time, and such other information as the city may require. (C) Each permit must be renewed annually and each renewal must meet the requirements set forth in this section. (D) A permit may be revoked at any time if it is shown the permittee cannot safely operate the motorized golf cart on the designated routes or if the person has had a valid driver's license revoked for traffic violations. 750.03 Liability. Nothing in this chapter shall be construed as an assumption of liability by the city for any injuries to persons on property which may result from the operation of a motorized golf cart by a permit holder or the failure by the city to revoke the permit. 760.99 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and punished as provided in § 100.99. 7-20 City of Slayton, Minnesota Ordinance 3Q8 An ordinance regulating the use of motorized golf carts and four-wheel all-terrain vehicles in the city of Slayton, providing penalties for violation thereof, and repealing ordinance no. 292 and any other ordinances and parts of ordinances inconsistent or in conflict herewith. THE CITY COUNCIL OF THE CITY OF SLAYTON, MINNESOTA DOES ORDAIN AS FOLLOWS: Section 1. Definition. For purposes of this. ordinance, afour-wheel all-terrain vehicle is a motorized flotation-tired vehicle with four low-pressure tires that is limited in engine displacement to less than 800 cubic centimeters and total dry weight of less than 600 pounds. Section 2. Definition. For purposes of this ordinance, a physically handicapped person means any person who has sustained an amputation or material disability of either or both arms or legs. Section 3. Operation Prohibited. No motorized golf carts or four wheel all-terrain vehicles shall be operated in the City of Slayton at any time on Broadway Avenue from 28th Street to 20th Street or on county, state, or federal highways or roads within the-city limits or under the jurisdiction of the City of Slayton. Section 4. Permits Required. No person shall operate a motorized golf cart or four wheel all-terrain vehicle on streets and alleys within the city limits or under the jurisdiction of the City of Slayton without first obtaining a written pernut from the City, except no permits will be required for parades. Said permits shall prohibit operation of a motorized golf cart or four wheel all-terrain vehicles on Broadway Avenue from 28th Street to 20th Street and on county, state, and federal highways and roads within the city limits or under the jurisdiction of the City of Slayton. Section 5. Restriction of Permits. Permits are restricted to physically handicapped persons as defined in Section 2 or this ordinance and to persons using four wheel all-terrain vehicles for business purposes in a manner which is integral to the purpose and nature of the business they are conducting. Section 6. Application Farms. Applications for a permit to operate a motorized golf cart or four- wheel all-terrain vehicle shall be made to the City Clerk/Administrator on forms furnished by the City: Section 7. Permit Period. Permits shall be issued for periods of one (1) calendar year commencing on January 1st and ending on December 31st of each year and maybe annually renewed. Section 8. Permit Fee. A permit fee of $50.00 shall be charged and will be required to be paid when an application for a permit is submitted to the City Clerk/Administrator. The permit fee will not be prorated if issued after January 1st during any calendar year. Section 9. Permit Revocation. A permit maybe revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart or four wheel all-terrain vehicle for which the permit has been issued on streets or alleys within the city limits or under the jurisdiction of the City of Slayton. ATTACHMENT 3 ORDINANCE -CITY OF SLAYTON Section 10. Insurance Required. Each applicant for a permit shall be required to furnish evidence of insurance complying with the provisions of M.S.A. Chapter 658.48, Subdivision 5. Section 11. Where Operation id Permitted. Permittees will be allowed to operate their golf carts or four wheel all-terrain vehicles on all streets and alleys within the city limits or under the jurisdiction of the City of Slayton except as prohibited in Section 3. Section 12. Times of Operation. Motorized golf carts and four wheel all-terrain vehicles may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient Light to clearly see persons and vehicles on the roadway at a distance of 500 feet. Section 13. Speed Limit. The maximum speed at which a motorized golf cart or four wheel all- terrainvehicle may be operated as permitted under the provisions of this ordinance is 15 miles an hour. Section 14. Slow-Moving Vehicle Emblem. Motorized golf cart or four wheel all-terrain vehicles shall display. the slow moving vehicle emblem provided for in M.S.A. Chapter 169.552 when operating, as permitted in this ordinance, on streets and alleys within the city limits or under the jurisdiction of the City of Slayton, Section 15. Application of Traffic Laws. Every person operating a motorized golf cart or four wheel all-terrain vehicle, under permit, in the City of Slayton has all of the duties applicable to the driver of any other vehicle under the provisions of M:S.A. Chapter 169 and traffic ordinances and laws of the City of Slayton, except when those provisions cannot reasonable be .applied to motorized golf cart or four wheel all-terrain vehicles and except as otherwise specifically provided in this ordinance. Section 16. Non-application of Certain Laws. The provision of M.S.A. Chapter 171 are not applicable to person operating motorized golf cart ox four wheel all-terrain vehicles under permits issued pursuant to the provisions of this ordinance. The provisions of M.S.A. Chapter 169 relating to equipment on vehicles, except for the requirements of M.S.A.' Chapter 169.70, are not applicable to motorized golf cart or four wheel all-terrain vehicles operated under permits issued pursuant to the provisions of this ordinance. Section 17. Right to Appeal. If an application for a permit is denied by the City Clerk/Administrator, the party applying for the permit shall have the right to appeal the denial to the City Council by filing a written request for a hearing before the City Council at the Clerk/Administrator's office within five (5) days after the party's application for a permit has been denied. The hearing before the City Council will be held in the City Council Chambers within twenty (20) days after the written appeal has been filed and the appealing party shall receive at least seven (7) day notice of the date and time of the hearing. The decision the City Council makes by majority vote after the hearing has been held will be final and will be mad immediately following the hearing. Section 18. Penalty. Any person convicted of violating the requirements of this ordinance is guilty of a petty misdemeanor and shall be punished by a fine not exceed three hundred dollars ($300.00). Passed and adopted by the City Council of the City of Slayton, Minnesota this 1st day of August, 2005. MAYOR: Cal Wurpts CITY CLERK/ADMII~tISTRATOR: Cathy Magnus City of Gaylord Page 1 c City of Gaylord Community, Agriculture, industry Ordinance No. 248 -Motorized Golf Carts AN ORDINANCE REGULATING THE USE OF MOTORIZED GOLF CARTS ON DESIGNATED STREETS BY PERSONS WITH M081LtTY IMPAIRMENTS IN THE CITY OF GAYLORD THE CITY COUNCIL OF THE CITY OF GAYLORD, SIBLEY COUNTY, MINNESOTA DOES ORDAIN AS FOLLOWS: SECTI N 1.Operation Authorized. The operation of motorized golf carts by permit is hereby authorized on the roadways of ail streets within the City of Gaylord, except on State Trunk highways. Notwithstanding the restriction against operating a motorized goff cast on State Trunk highways, the operation of a motorized golf cart under permit may cross any street, highway or road that intersects a street on which the operator is specifically authorized in the permit to operate a motorized golf cart..Any person operating a motorized goff cart under permit has all the rights and duties applicable to the driver of any other vehicle, except when those provisions cannot reasonably be applied to motorized golf carts. CTI N 2. Perini s. Authorization to operate a motorized golf carton City streets is by permit only. Permits shall be issued by the Police Chief only to physically disabled persons, as defined in Minnesota Statutes Section 169.345, who have supplied the information required under Section 10-903. All permits shall expire annually on December 31, unless renewed. The fee for a permit shall be $5.00 unless adjusted by resolution by the Gaylord City Council. SECTI N .Permit Applications.. Each application for a permit to operate a motorized golf carton the roadway of streets shall include: {1) The name and address of the applicant (2) A description of the spedfic area, including the names of ail affected streets within whidi the applicant seeks authorization to operate a motorized golf cart; and (3) Such other information as the Council may from time to time require. in addition, each permit application, whether for an initial permit or a renewal, shall be aaompanied by (a) a oertiflcate signed by a physician stating that the applicant is capable of safely operating a motorized golf cart on the roadway of streets designated in the permit application and should be granted a permit based on mobility impairments, and (b) evidence of insurance complying with the requirements under State statute for motorcycle owners (presently Minnesota Statutes Section 858.48, subdhrision 5}. SECTION,.. Reaui.[g~c Equipment. The following equipment is required on any motorized goff cart during operation upon the roadway of any street: (1) The slow moving vehicle emblem provided for by the State statute, properly mounted on the rear of the golf cart pursuant to State regulations; and (2) A rear view mirror, properly mounted on the golf cast so as to reflect to the operator a view of the street for a distance of at least 200 feet to the rear of the golf cart.. ~~. Unlawful Acts. It is unlawful for any person to operate a motorized golf carton the roadway of any street within the City unless: (1) The operator has in possession a valid, current and unrevoked permit issued to the operator by the Police Chief; (2) The motorized golf cart is being operated on a roadway that is speciflcaity designated in the operator's permit, except when crossing at an intersection as provided in Section 1; (3) The motorized golf cart is being operated during daylight hours between sunrise and sunset; (4) The motorized golf cart is being operated at times other than during inclement weather or when visibility is impaired by weather, smoke, fog, or other condition, or at any time when there is insufficient light to dearly see persons or vehicles on the roadway at a distance of 500 feet, (5} The motorized golf cart is equipped with the required equipment described under Section 4; (8) The operator has current insurance coverage as provided in Section 3, pursuant to State statute; and (7j The operator observes all traffic laws and regulations, except when those provisions cannot reasonably be applied to motorized golf carts. ATTACHMENT 4 ORQiNANCE CITY OF GAYLC}R Gaty of Gaylord SECTION 6. Revocation or Modification of Permits. A permit issued under Section 2 may be revoked or modified at any lime by the Police Chief if there is evidence that the permit holder cannot safely operate a motorized golf carton the roadway of streets within the City. For purposes of #his section, the commission of any of the violations described in Section 5 constitutes evidence that the violator cannot safely operate a motorized golf cart on the roadway of streets within the City. SECTION 7. al. Any person whose permit to operate a motorized golf cart has been revoked may appeal the revocation to the City Council. Appeals shalt be submitted in writing. #o the City Administrator within 30 days of the date of revocation. SECTION 8. Pena .Any person violating any provisions of this ordinance shall be guilty of a misdemeanor. Page 2 c SECTION S. Effective Date. This ordinance shat) take effect and be in force from and after its passage and publication. I'C}' OF SHOREWOOD 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Larry Brown, Acting City Administrator & Director of Public Works DATE: June 6, 2008 RE: Authorize Request for Proposals for Owners Representative for the Shorewood City Hall Renovation and Expansion Project. On June 2°d, staff presented a brief summary for oversight options during the construction of the Shorewood City Hall Renovation and Expansion Project. The feedback received from the City Council was positive, with regard to soliciting proposals for oversight of the construction project. Prior to any discussion of a request for proposal for oversight of the construction project, it may be helpful to briefly summarize the two main types of oversight commonly used. There are Construction Managers (CM) and Owners Representatives (OR). A Construction Manager delivery method is whereby the owner (i.e. the City of Shorewood, in this case) retains a construction manager to provide preconstruction expertise including cost estimating, value engineering, and scheduling and, during the construction phase of the project, coordinates all construction activities. In addition, the CM contracts directly with subcontractors and keeps the necessary records for the project. Advantages to this type of delivery method is that a typical CM can examine the bid documents prior to issuance and advise the owner of cost saving or quality measures, prior to bids having been obtained. In addition, a CM contracts directly with the subcontractors, thereby relinquishing the necessity and expense by the City to obtain pricing via the public bid process which is time consuming and expensive. ACM can obtain competitive quotes by direct negotiation for various trades more quickly and efficiently than a City can through the public bid process. Disadvantages to the CM method of delivery tend to be cost and performance. Costs for a CM may range between 5 to 7 percent of the overall project costs. This range varies by the difficulty and size of each project. Despite the fact that the CM is hired by the owner, and should be looking out for the owner's best interest, they are also balancing getting the project completed in accordance with the contracts that are negotiated. This balancing act between satisfying the owner and working with subcontractors ~®~~ PRINTED ON RECYCLED PAPER r ~ ~ Mayor and City Council RFP Owners Representative June 6, 2008 Page 2 of 2 can get very "interesting." At times, a CM may sway towards the role of a general contractor to get the project completed, versus solely looking out for the owner's best interest. The Owners Representative (OR) method of delivery is very similar to the one described above, with the exception that the City is contracting with a general contractor via the public bid process. The OR has many of the same responsibilities as a CM; however they are truly looking after the owner's best interest at all times. It is up to the general contractor to get the project constructed in a timely and specified manor. The OR is constantly checking quality, arranging testing for the project, maintaining various project logs and records, and utilizes value engineering through the construction process to help minimize costs for the project. The OR is not tied to the subcontractors in this process. Therefore the role of the OR is to act in the owner's best interest, throughout all stages of the project. An additional advantage to this type of method of delivery is that the costs for an Owner's Representative is significantly lower than the CM method of construction, as they do not have the role of administrating the subcontractors for the project. This remains with the general contractor of the project. The disadvantage of this type of method of delivery for the City is that this forces the City to perform public bidding, which equates to time and expense. Staff considered both methods of oversight. Since project documents have been prepared and the public bid process is underway, it is recommended that the Owner's Representative method be utilized for this project. While a Construction Management scenario was considered, staff was concerned that time required to hire a CM, provide adequate time for the CM to obtain and negotiate contracts with the subcontractors, would further delay the project, versus proceeding as planned with the public bid process. Again, both methods of oversight are very valuable. However, in the interest of time, staff is recommending that an Owner's Representative approach be utilized for this project. An OR can be brought on board, as the plans and specifications are being advertised and bid. Attachment 1 is a Request for Proposals for the role of Owners Representative. If approved, proposals are to be returned to the City by Wednesday, June 18, 2008, at 10:00 a.m. CST. In turn, staff will make recommendations for the proposals at the June 23`d, 2008, City Council Meeting. Recommendation Staff is recommending approval of a motion that authorizes publication of the RFP shown as Attachment 1 for the solicitation of proposals for an Owners Representative. CITY OF SHOREWOOD, MINNESOTA REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES, SHOREWOOD CITY HALL RENOVATION AND EXPANSION PROJECT Release Date: June 9, 2008 Submittal Deadline: Wednesday, June 18, 2008, 10:00 a.m. CST. To Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Phone: 952-474-3236 Email: Lbrownnshorewoodpw.com Attachment 1 RFP CITYOFSHOREWOOD ®CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. 1. INTRUCTIONS AND GENERAL CONDITIONS 1.1 Delivery of Proposals: Sealed proposals, subject to Instructions and General Conditions and any special conditions set forth herein, will be received at the City of Shorewood City Hall Office until the proposal closing date and time indicated herein for furnishing the City with services as detailed in the following request for proposal. l.l.l. Proposal Closing: All proposals shall be delivered before 10:00 A.M., C.S.T., on Wednesday, June 18, 2008 to: City of Shorewood Larry Brown, Director of Public Works 5755 Country Club Road Shorewood, Minnesota 55331 The City will not accept any proposals received after 10:00 A.M. and will return such late proposals to the Offeror. 1.1.2. Submittals: Offerors must submit one (1) original, and six (6) copies of the proposal (total of seven). All proposal responses will be considered public information and following contract execution or rejection of all proposal responses, all responses will become a part of public record. Proposals shall be submitted in a sealed envelope identified with the words "PROPOSAL FOR CITYHALL" located in the front, center of the envelope or box submitted. 1.2 . Selection Process: 1.2.1. Proposals received will be screened by a review committee for adequacy of content and experience. The City reserves the right to reject any or all proposals, or to waive minor irregularities in said proposals, or to negotiate minor deviations with the successful firm. 1.2.2. The final selection will be made by the Shorewood City Council. Recommendations by the review committee will be made to the City Council on the following criteria: a. Evaluation of Proposals. b. Proven background and experience of firm and key personnel in the work required, including similar public and government projects. c. Results of reference checks. d. Ability to provide deliverables in the required format. 1.2.3. The firm selected for the project shall have previous proven comprehensive experience as serving as an Owner's Representative and/or a Construction Manager within the fields of major capital improvement building projects. -2- CITYOFSHOREWOOD • CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. 2. INTRODUCTION AND GENERAL INFORMATION 2.1 Introduction: 2.1.1 This document constitutes a request for sealed proposals for Owners Representative for Construction for the Shorewood City Hall Renovation and Expansion Project. 2.1.2 Organization -This document, referred to as a Request for Proposal (RFP), is divided into the following parts: a. Instructions and General Conditions b. Introduction and General Information c. Scope of Services d. Proposal Submission Information 2.1.3 A11 questions regarding this Request for Proposal shall be submitted no later than 3:00 p.m., Monday, June 16, 2008. All questions must be e-mailed to the attention of Larry Brown, Director of Public Works at the following email address: Lbrown(a~shorewoodpw.com . 2.1.4. In the event that it becomes necessary to revise any part of this RFP, written addenda will be issued. Any amendment to this RFP is valid only if in writing and issued by the City of Shorewood. Verbal conversations or agreements with any officer, agent, or employee of the City which modify any terms or obligations of this RFP are invalid. 2.2. Pre-Proposal Walk Through To assist interested Offerors in preparing a thorough proposal, interested parties may arrange by appointment to perform a walk through of the existing building, prior to submission of a proposal. 3. SCOPE OF SERVICES 3.1. Project Description: The City of Shorewood, Minnesota, hereafter referred to as the City, requires the services of a firm that is qualified to assist City management staff as an Owner's Representative in the construction of the Shorewood City Hall Renovation and Expansion Project. The successful Firm must have good and proven track record of serving as an Owners Representative and/or Construction Manager. The successful firm shall exhibit skills and depth of resources, and knowledge of the local and regulatory issues for this type of project. -3- CITYOFSHOREWOOD ®CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. In 2007, The City of Shorewood selected the architectural firm of Collaborative Design Group, Inc. to study and make recommendations for space needs for the City. The firm provided planning, cost estimating and schematic design for recommended renovations and construction to the Shorewood City Hall. Detailed design documents are nearing completion, as of the date of publication of this RFP. Exhibit A of this RFP is a ninety five percent progress set for the project. Construction shall include major reconstruction of the existing space, in addition to the new construction of a City Council Chambers on the north side of the building. Construction is to be completed in a staged format to permit areas of the building to be occupied for staff and public use during construction. 3.2. Project Costs Preliminary cost estimates indicate that the construction portion for the project is approximately $1,000,000. This number is subject to change with design revisions and the actual bids being received. 3.3. Scope of Work It is expected that the successful firm will be available on an as-needed basis to provide a variety of services from comprehensive to specialized tasks. Tasks will include, but shall not be limited to that specified below. 3.3.1. Attend meetings between the City and its architectural and engineering consultants, during the respective construction phases of the project. Major project phases include design development, construction documents, bidding, construction, post construc- tion. The Owner's Representative (OR) shall review documents/deliverables resulting from these phases and make recommendations to the City concerning acceptability, applicability, feasibility and constructability. The OR shall consider the site, the foundations and super structure, building systems, building materials, code compliance, alternate methods, economics, material/labor availability, time schedules and any other relevant issues. 3.3.2. Bidding Phase. Upon the City's receipt of bids, the OR shall prepare a bid analysis, including review of the acceptability of contractors, subcontractors, specialty contractors, material suppliers, and prepare recommendations for acceptance or rejection. -4- CITY OFSHOREWOOD ®CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. 3.3.3. Project Scheduling. The OR shall provide the initial detailed review of contractor's CPM Baseline Schedule, and review monthly the contractor's updates to this schedule. In addition, the OR shall conduct a monthly schedule review meeting with the architect and contractor and reach consensus each month with the parties on an updated schedule for the work. 3.3.4. Project Oversight. Provide on-going project administration and tracking services. Monthly updates and reports that check and evaluate performance and costs, accuracy, completeness, and efficiency of team members, contractors, etc. 3.3.5. Project Status Evaluation. Identify and investigate project issues, job documents, and tracking for costs, claims, and other potential recoverable costs. 3.3.6. Payment Requests. The OR shall review all requests for payment for construction work in place and make recommendations to the Project Manager as to the validity of the request. 3.3.7. Change Orders/Claims. Research, investigate, and evaluate issues for claims by other parties seeking compensation against the City and for all proposed change orders for the project. This includes claims to properly closeout the project and have the final project accepted by the City Council. 3.3.8. Project Inspections. Assist the City in performing periodic inspections, observing discrepancies and omissions in the work performed by the Contractor. 3.3.9. Value Engineering. Value Engineering maybe used at the various stages of design to review durability, maintenance, installed costs, and operational costs. The OR shall make recommendations to the City in regard to specified materials, systems and equipment for evaluating short term, long term, and life cycle costing. 3.3.9.1. Alternative Methods and Materials shall be recommended after review of plans and specifications, where appropriate for successful project delivery, better technology, elimination of constraints, etc. 3.3.10. Budget Review. Review of the budget shall occur at the various project phases, including review of A/E estimates, and OR shall advise the City of any discrepancies and suggest revisions and adjustments as necessary to reflect the most probable project cost. 3.3.11. Coordination. During the construction phase the OR shall be the interface between the City and the Contractor. The OR shall meet with the City Project Manager or designee, the Contractor, and the Architectural/Engineering firm as conditions and construction activities dictate, to discuss scheduling, foreseeable problems, equipment and material delivery delays, sub-contractor performance, safety, and any other issues pertinent to the pursuit of the project. Meetings are generally expected to be weekly or more frequently as needed. OR shall be the facilitator and scheduler of these meetings. -5- CITYOFSHOREWOOD ®CITYHALL REHABILITATIONAND EXPANSION REQIJESTFORPROPOSALFOR OWNERS REPRESENTATIVE SERVICES. 3.3.11.1. Meetings shall be documented by the OR and copies of minutes disseminated to the attending parties, project files, and other participants. The OR or a qualified member of their staff shall be present at the site during significant construction activities, inspections and testing. 3.3.11.2. Designated City personnel shall have access, at all times, to the facilities and all records and documentation. 3.3.12. Quality Control. The OR shall review the work of the contractor, trade and specialty contractors on the project as it is being performed, until final completion and acceptance by the City, to assure that the work performed and materials furnished are in accordance with the contract documents. In the event of interpretation of the meaning of the intent of the contract documents becomes necessary, the OR shall confer with the Project Manager and the appropriate consultants to make the final interpretation, in writing, and transmit it to the contractor. The OR will review disputes involving quality of workmanship with the City and appropriate parties for resolution. 3.3.13. Inspections. The OR shall assist the City in performing periodic and final inspections. At all inspections preceding the final inspection, the OR shall furnish a detailed report of observed discrepancies, and omissions in the work performed by the contractor, trade or specialty contractor. 3.3.14. Shop Drawings and Submittals. The OR shall review the schedule for preparation, submittal, review, and approval of drawings, catalogs, material samples. The OR shall review for completeness and transmit to the appropriate parties for review and approval of all shop drawings, catalogs, materials, and other submittals as required. 3.3.15. Safety. The OR shall monitor that safety and accident prevention measures are established and maintained at the site. Any observed hazardous conditions, violations, or potentially hazardous conditions shall be reported immediately to the contractor's supervisory personnel onsite. A written report of such incident and follow-up report of the remediation shall be provided to the contractor and the City project manager. 3.3.16. Project Records. The OR shall maintain records at the job site, including a current set of the contract documents, a project log, and photographic record of construction progress and problems. Such logs and records shall at all times be available to the City. The OR shall furnish weekly written progress reports of the work in a form acceptable to the City. 3.3.16.1. The OR shall assist the City in evaluating Requests for Information (RFI) from the contractor. The OR shall track and monitor RFI's and maintain a log of each RFI and its status until resolved. The OR shall obtain any necessary information or determination from the A/E consultants in order to -6- CITY OFSHOREWOOD • CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. make a recommendation and prepare a response on behalf of the City. All such responses shall be reviewed and approved by the City Project Manager before dispersal to affected parties. 3.3.16.2. The OR shall process and track all PCOs and maintain a log of each and its status, relation to RFIs if any, and incorporation into Change Orders. 3.3.16.3. The OR shall track, and log other written documents for the project as necessary. These may include clarifications, memorandum, directives, etc. which are not generated by other forms of documents, such as contractor generated RFIs. 3.3.16.4. The OR shall maintain a comprehensive and organized file of photographs, filed by event, date, or problem, relationship to problem or RFI, etc. in a CD or DVD format, acceptable to the City, throughout the entire project. 3.3.16.5. The OR shall deliver all records, logs, photographs and documents in an organized format to the City at the completion of the project. 3.4. Fees: 3.4.1. Fees for the specific services to be provided for the City Hall Renovation and Expansion Project shall be billed in accordance with the cost proposal provided in this RFP. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. The Consultant shall submit an invoice to the City which includes a detailed account of the following: • A description of the work performed; • The date(s) the work was performed; and • The name(s) of the person(s) who performed the work. A11 invoices shall itemize all hours of work by billing rate and service provided, and shall include an itemized list, including receipts, of all reimbursable expenses allowable in the agreement, if any. Billing rates and reimbursable expenses, if any, shall be in accordance with the Fee Schedule provided in response to this solicitation. 3.5. Insurance Requirements 3.5.1. The OR shall not commence work under this contract until they have obtained all insurance required under this paragraph and such insurance has been approved by the City. The OR shall obtain the following minimum insurance coverage's and maintain at all times throughout the life of the Contract. The terms used below to specify the required insurance are to be interpreted according to the ordinary usage of the insurance industry. -7- CITYOFSHOREWOOD • CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. 3.5.2 The Contractor shall complete the CERTIFICATE OF INSURANCE, which is a part of the Contract Documents, as evidence that the required insurance is in force with companies acceptable to the Owner. The Certificate shall be submitted to the Owner for examination and approval prior to execution of the Contract, after which the Insurance and Certificate of Insurance may not be modeled except upon thirty (30) days prior written notice to the Owner. Neither Owner's failure to require or insist upon certificates or other evidence of insurance, nor Owner's acceptance of a certificate or other evidence of insurance showing a variance from the specified coverage shall constitute a waiver of Contractor's responsibility to comply with the insurance Specifications or operate as an estoppel against Owner. 3.5.2.1. Commercial General Liability, as follows: Bodily Injury: $5,000,000 General Aggregate $5,000,000 Each occun~ence $5,000,000 Personal and Advertising Injury Liability 3.5.2.2. Liability Insurance shall include coverage for the following hazards: Contractual Liability Personal Injury, with Employment Exclusion deleted 3.5.2.3. The Owner shall be named as an additional insured and the policy shall be endorsed to show that all aggregate limits apply per project. These requirements shall be so indicated on the Certificate of Insurance. 3.5.2.4. Owners and Contractors Protective Liability Policy, as follows in the Owner's name: $1,000,000 each occurrence $2,000,000 policy aggregate 3.5.2.5. Comprehensive Automobile Liability (owned, non-owned, hired), as follows: Any Auto $1,000,000 each occurrence 3.5.2.6. Umbrella Liability Coverage, as follows: $2,000,000 each occurrence $2,000,000 policy aggregate 3.5.2.7. Workers Compensation: Shall be as required by law and include: -8- CITYOFSHOREWOOD • CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTA TITrE SER TTICES. Where individuals, partners, corporate officers or others have the option electing to be covered by Worker's Compensation Insurance, an election to be covered shall be made. 4. Indemnification 4.1.1. To the fullest extent permitted by laws and regulations, the OR shall indemnify, defend and hold harmless the Owner and its Officials, and their officers, consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of Engineers, architects and Attorneys Fees), arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or for injury to or destruction of property, including but not limited to the loss of use resulting there from and (b) is caused in whole or in part by a negligent act or omission of Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts, any of them, may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and regulations irrespective of the negligence of any such party. 5. Contract Terms and Conditions 5.1.1. The successful Offeror is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of this agreement or its rights, title or interest therein, or its power to execute such agreement to any other person, company or corporation without the prior consent and approval in writing by the City. 5.1.2. Offeror must clearly state any restrictions or deviations from these specifications. In the absence of such statement, the City will assume that all items/services offered are in strict compliance with the technical and financial requirements, contract terms and conditions as described in these specifications. 5.1.3. The contract period with the successful firm shall begin following award of the contract by Shorewood City Council, and shall continue until the Project has been accepted by file City Council ire final fora, all project docum~entatior~ has beer received and approved by the City, and final payment has been made to the Contractor 5.1.4. The City reserves the right to cancel the contract without cause by giving not less than thirty (30) days prior notice to the OR in writing of the intention to cancel, or with cause, if at any time the OR fails to fulfill or abide by any of the terms or conditions specified. Failure of the OR to comply with any of the provisions of this contract may be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Shorewood. -9- CITYOFSHOREWOOD ®CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. 6. PROPOSAL SUBMISSION INFORMATION 6.1. Preparation of Proposal Response -Required Content 6.1.1. Each response to this RFP shall include the information described in this section. Failure to include all of the elements specified may be cause for rejection. Additional information may be provided, but should be succinct and relevant to the goals of this RFP. 6.1.2. Cover Letter. The Cover letter shall include Name and Mailing Address of Firm (include physical location if mailing address is a PO Box), Contact Person, Telephone Number, Fax Number; and E-mail address. 6.1.3. Firm's Organization Chart. The Organizational Chart shall designate specific individuals and consultants proposed to be assigned to the City's project. 6.1.4. Background and Experience. Provide a narrative containing the following information: 6.1.4.1 Qualifying background and experience of firm and personnel with public or government projects similar to those described within this RFP. 6.1.4.2. Firm size, current workload and ability to perform based on current projects. 6.1.4.3. Past performance and service, including relevant references. 6.1.4.4. A summary of any arrangements that will be made with any other firm for assistance on this work. 6.1.4.5. A list of key personnel to be involved in the work for the Project. 6.1.4.6. Ability to provide deliverables in the following formats: a. CADD drawings in AutoCAD 2000 b. Word documents in Microsoft Word c. Spreadsheets in Microsoft Excel 6.1.5. Fee Schedule. Provide a complete fee schedule for all services to be delivered, in accordance with the following instructions: 6.1.5.1. Hourly Rate Schedule. A current rate schedule for all personnel to be involved in the project shall be submitted, and shall be utilized for approved progress payments by the City of Shorewood. -10- CITYOFSHOREWOOD ®CITYHALL REHABILITATIONAND EXPANSION REQUEST FOR PROPOSAL FOR OWNERS REPRESENTATIVE SERVICES. 6.1.5.2. Not to Exceed. Proposal shall include a not to exceed contract amount for the services and project, as described herein. -11- SHOREWO01~ 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: Larry Brown, Acting City Administrator & Director of Public Works DATE: June 6, 2008 RE: Approve Plans and Specifications and Authorize Advertisement of Bids, Shorewood City Hall Rehabilitation and Expansion Project. Brian Lubben, Project Architect with Collaborative Design Group, appeared before the City. Council on Monday, June 2°d, with a progress update regarding the plans and specifications for the City Hall project. During the work session, the City Council impressed upon Mr. Lubben and staff the need to finish the plans and specifications as soon as possible and get the project bid. Staff members of Collaborative Design have been working to complete the design documents. At the time of publication of the City Council packet, base sheets that indicate the floor plans, elevations and major pieces had been revised and/or completed. The revised plan-set to date has been included in the City Council packet. It is anticipated that the complete package will be shipped early Monday morning and will be placed on the City's web page for viewing or printing. Staff can also print a completed package, once delivered, and deliver this to City Council members on Monday, if desired. Key points of interest that have been modified, since the last presentation are as follows: • Architectural Features on North Building Face: Staff met with Brian Lubben to discuss adding some enhancements to the "bump out" of the exterior along the north face of the building. Mr. Lubben has indicated that an architectural stone veneer has been added to the subject area to add some surface texture, to break up the view of this side of the building. It was discussed further if windows or other features could be added. Mr. Lubben indicated that there were issues that prevented such features from being added to this area. Council should review this item to determine if the added stone veneer is acceptable. .' r®a® PRINTED ON RECYCLED PAPER Ei, Mayor and City Council Approve PS&E and Authorize Ad for Bids. June 6, 2008 Page 2 of 2 • Council Chamber Entry: Plans indicate that the entry and side areas adjacent the doorway into the City Council chambers will be constructed of glass. As discussed, this will permit attendees of meetings to check progress or activities occurring in the Council Chambers from the lobby area. • Grading and Drainage Plans and Other Plans: Staff is still waiting on delivery of the grading, drainage, HVAC and any staging plans. Staff will commence with the review of these, once these have been received. • Date of Substantial Completion: The City Council expressed disappointment at the March, 2009 date for substantial completion. Staff has reviewed this date with Mr. Lubben and the date has been revised to a January 31, 2009. • Skylights Within Main Office Area: Mr. Lubben has reviewed the plans for value engineering. Simply put, what areas can be reduced or be bid out as a bid alternates to insure that the total package cost meets budget? One such area is the proposed skylights in the center office area. Both Mr. Lubben and staff are recommending that these be placed on a bid alternate schedule in the proposal. Once bids are received, a decision can be made as to whether the skylights should be included in the construction of the project. • Generator: One item that has not been discussed at length is the suggestion that a backup generator be included for the site. This has been located at the southwest corner of the building. This will be enclosed in a sound attenuated cabinet. • Water Service: As discussed previously, staff has recommended that the interior construction of the building include the installation of a fire suppression system. This will necessitate the installation of a 6 inch diameter pipe from the watermain in the parking lot, to and into the building. Thus, there will be areas of the parking lot and walk way area that will be impacted. While the bidding climate is ideal, it is estimated that the construction costs for the building are approaching $1,000,000. This does not include any audio-visual hardware (except for wiring), telephone system, or furnishings. It is intended that decisions about these items would occur after bids have been received and considered by the City Council. Mr. Lubben will be present for the City Council Meeting to make a more detailed presentation to the City Council. If approved, the bid opening is to take place at 10:00 a.m., Wednesday, July 9th, 2008, at the Shorewood City Hall. Recommendation Staff is recommending approval of resolution that approves the plans and specifications for the project and authorizes advertisement of bids. A resolution is attached for consideration by the City Council. CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE SHOREWOOD CITY HALL RENOVATION AND EXPANSION PROJECT, CITY PROJECT N0.08-06 WHEREAS, Plans, and Specifications for the design phase of City Project have been prepared by Collaborative Design Group, Inc, Dated June 9t~', 2008; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Plans and Specifications were prepared by Collaborative Design Group, Inc., dated June 9t", 2008, for such improvement. Said plans and specifications are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids, attached hereto as Exhibit A, upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and read out loud at 10:00 a.m. on July 9, 2008, in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 2008. ATTEST: Christine Lizee, Mayor Lawrence A. Brown, Acting City Administrator/Clerk LEGAL NOTICE CITY OF SHOREWOOD Advertisement for Bids Shorewood City Hall Project Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 55331 Owner City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Bid Documents Available 2:00 PM, Monday, 16 June 2008 Contact and Pick-Up Jean Panchyshyn City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 jpanchyshyn@ci.shorewood.mn.us 952 474-3236 Cost $100.00 non-refundable payment, Checks made payable to City of Shorewood, Mailing or other distribution is not available Pre-Bid Conference Time 2:00 PM, Monday, 23 June 2008 Location City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Questions Due 2:00 PM, Monday, 30 June 2008 Acceptable Formats Mail ore-mail Architect Brian Lubben Collaborative Design Group, Inc. Suite 100 100 Portland Avenue South Minneapolis, Minnesota 55401 blubben@collaborativedesigngroup.com Responses Issued Addendum e-mailed to designated contact Bid Submittals Due 10:00 AM, Wednesday, 9 July 2008 Location City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Shorewood City Hall EXHIBIT A CDG Number 07142.00 00100-1 The City of Shorewood will receive single prime sealed bids for construction of the Shorewood City Hall as described above. Bids will be publicly opened immediately thereafter and the bidders' names and base bids only will be read aloud as described above. The Project consists of all labor, materials, equipment, and incidentals necessary to accomplish construction of the Shorewood City Hall, an existing one-story building with additions, exterior renovations, and interior renovations. Work will be done under a single prime Contract held by the Owner. Bidding Documents including the Bid Form, Drawings, and Specifications will be available for inspection as described above. Bidding Documents also include all published Addendums issued by the Architect up to the Bid Date. Bidders will be required to acknowledge receipt of all Addendums in their Bid Submittal. Refer to the complete Bidding Documents for detailed procedures and requirements. Bids must be submitted on the forms supplied in the Bidding Documents. No oral, telegraphic, facsimile or telephone bids or modifications will be considered. A certified check or acceptable bidder's bond in an amount equal to five percent (5%) of the total bid and payable to the City of Shorewood must be submitted with the bid form. The successful Bidder will be required to post a payment and performance bond in the total amount of the Contract. The successful Bidder will be required to submit lien waivers and Minnesota Revenue IC134 -Withholding Affidavit for Contractors with all payment requests. The Owner requires Substantial Completion of the Project on or before 31 January 2009. End of Advertisement for Bids Shorewood City Hall Advertisement for Bids CDG Number 07142.00 00100-2 12 June 2008 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 Larry Brown, Acting City Administrator P.E., Director of Public Works :FROM: James Landini, City Engineer - DATE: June 5, 2008 RE: Janet Sue Molin -Appeal for Exception on Notice to Connect to Sanitary Sewer FILE NO. Property (4405 Enchanted Point) Ms. Molin was sent a Notice to Connect to Sanitary Sewer, a provision of Shorewood's municipal code section 904 (see attached Notice -Exhibit A). The property owner requested an exception for properties with private sewage disposal systems in existence prior to the construction of the sanitary sewer (see Exhibit B). Ms. Molin references 904.06 subd. 3A in her appeal. This section addresses connecting to the public sewer instead of making repairs to the private system. The section 3B that immediately follows states "as a sewer becomes available to a property served by a private sewage disposal system, as provided in § 904.05 of this chapter, a direct connection shall be made to the public sewer" The appeal exception also conflicts with 904.05. This section states that connecting to the sanitary sewer "shall be mandatory and required for all houses, buildings or properties used for human occupancy, employment, recreation". The pages of City Code from 904.04 to 904.07 are attached for your use. The City of Shorewood Comprehensive Plan public utilities section #8 on pg CF-11 states that on-site disposal and treatment systems shall be phased out where possible. The community facilities /services plan section of the Comprehensive Plan pg CF-14 also states that existing on-site septic systems should be identified and, where feasible, ~ `i C .s r®~~ PRINTED ON RECYCLED PAPER Mayor and City Council Janet Sue Morin -Appeal for Exception on Notice to Connect to Sanitary Sewer June 5, 2008 Page 2 of 2 required to connect to the sanitary sewer system. The pages from the Comprehensive Plan are attached for your use. The intention of the City Code is to protect the local private drinking wells and Lake Minnetonka. 4405 Enchanted Point is a lake lot that is adjacent to private drinking wells. 4405 Enchanted Point does abut Sanitary Sewer and the service length would be approximately 175'. Recommendation Staff recommends denial of the exception appeal. 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 Janet Sue Molin Re: 4405 Enchanted Point (Service Address) 1950 Westwood Cir Roseville, MN 55113 Re: City Code 904- Sanitary Sewer Connections Dear Ms. Molin: City Code 904.05 requires all homes, buildings or properties used for human occupancy within the City and abutting a public sanitary sewer to connect to the public sanitary sewer at the property owner's expense. This connection needs to be completed within 90 days of this written official notice. As part of City Code 904.06 the septic system will need to be abandoned after connection to the public sanitary sewer. Our records indicate that you have public sanitary sewer abutting your property and you have not connected. This letter serves as the written official notice to connect. You have the right to appeal this notification and request a hearing before the City Council to explain why you should not be required to connect. The City must receive a written appeal within ten (10) days of this notice. City Staff will schedule the appeal for the next City Council meeting. The City Council meets the second and fourth Monday of each month at 7 pm. Your first step to comply with City Code is to hire a Registered Master Plumber contractor to make the connection and abandon the septic system. In addition, there will be fees the City charges fox service, connections and permits: Sewer Access Charge $1,200 one time fee Sanitary Sewer Service $70 per quarter Sewer Connection permit $150 permit fee If you have any questions relative to this matter, please do not hesitate to call James Landini, City Engineer, at 952-474-3236. On behalf of the Shorewood City Council • ~ ~'~' Christine Lizee, Mayor ~.:\'}1ii31i f~ Cc: Tim Keane Larry Brown Brad Nielsen Bonnie Burton in :~ PRINTED ON RECYCLED PAPER May 15, 2008 May 21, 2008 Christine Lizee, Mayor City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 Re: 4405 Enchanted Point Dear Mayor Lizee: ~~ ~ ~' ;i-; - This is in regards to your notification letter dated May 15, 2008, regarding City Code 904 -Sanitary Sewer Connections. Thank you for notifying me of this issue. As the owner of the subject property I wish to appeal this notification and request a hearing before the city council on this matter. Please provide adequate notification as to the meeting date at which this item will appear on the council agenda. Thank you. Sincerely, Janet Sue Molin Property Owner 4405 Enchanted Point 1950 Westwood Circle Roseville, MN 55113 Cc: Tim Keane Larry Brown Brad Nielsen $onnie Burton 'James Landini EX~llblt B May 30, 2008 James Landini City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 Re: 4405 Enchanted Point Dear Mr. Landini: This is in regard to your letter dated May 22, 2008, regarding City Code 904 -Sanitary Sewer Connections. I will attend the City Council meeting on June 9, 2008 and state my appeal. My appeal is based on the exception provided in Shorewood City Code, Section 904.04 Subd. 3 and Section 904.06 Subd. 3, a., for properties with private sewage disposal systems in existence prior to the construction of the sanitary sewer. Thank you. Sincerely, Janet Sue Molin Property Owner 4405 Enchanted Point 1950 Westwood Circle Roseville, MN 55113 Cc: Christine Lizee, Mayor Tim Keane Larry Brown Brad Nielsen Bonnie Burton Shorewood -Public Right-of-Way and Property 904.Ob 904.04 904.04 USE OF PUBLIC SEWERS REQUIRED. Subd. 1. It shalt be unlawful for any person to piace, dispose or permit to be disposed in any unsanitary manner upon public or private property within the city any human excrement, sewage or industrial wastes, garbage or other polluted waters or other objectionable wastes. Subd. 2. It shall be unlawful to discharge to any natural outlet within the jurisdiction of the city any sanitary sewage, industrial wastes, garbage or other polluted waters or wastes. Subd. 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. (1987 Code, § 904.04} Penalty, see § 104.01 904.05 SEWER SERVICE CONNECTIONS. Subd. l . The owners of all homes, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley, public sewer easement or right-of-way in which there is now located a public sanitary sewer are hereby required, at their expense, to install suitable toilet facilities therein and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of written official notice given by the City Council to do so; but in all events connection to the public sanitary sewer shall be mandatory and required for all houses, buildings or properties used for human occupancy, employment, recreation or other purposes and which abut upon the public sewer. Subd. 2. Exception: city owned park shelter buildings may not be required to connect to the sanitary sewer system. Portable toilet facilities may be used in city parks provided they are screened from view of adjacent residential properties. (1987 Code, § 904.05) (Ord. 293, passed 6-13-1994) 904.06 PRIVATE SEWAGE DISPOSAL SYSTEMS. Subd. 1. General. Where a public sanitary sewer is not available under the provisions of § 904.05 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter. Subd. 2. Discharge into public sewer prohibited. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet. 904-4 904.06 Sewer Code 904.07 Subd. 3. Connection to public sewer, abandonment of systems. a. The owners of all houses, buildings or properties which abut upon or are served by a public sewer and where cesspools and septic tanks have been in existence prior to the construction of the sanitary sewer shall connect with the public sewer when the septic tank and cesspools are in need of major repairs or reconstruction. Any septic tanks and cesspools and private sewage disposal facilities then existing shall be abandoned and filled with suitable material. b. At the time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 904.05 of this chapter, a direct connection shalt be made to the public sewer in compliance with this chapter. Any septic tanks, cesspools and similar private sewage disposal facilities then existing shall be abandoned and filled with suitable material. Subd. 4. Disposal of contents of septic tanks and cesspools. Contents of septic tanks and cesspools or other refuse shall not be pumped or emptied into the city's public sanitary sewer system. (1987 Code, § 904.06) (Ord. 64, passed 5-8-1972) 904.0? SEWER PERMITS. Subd. 1. Classes. a. There shall be two.classes of building sewer and connection permits: (1) For residential service; and (2) For nonresidential service, including service to commercial establishments, churches, schools and establishments producing industrial wastes. (3) In either case, application shall be made on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information which the city may reasonably require. At the time of applying for the permit, the applicant shall pay an inspection fee as prescribed by the Council. Inspection fees for residential connections and for nonresidential connections shall be in the amounts as the Council may from time to time establish by resolution. b. Nonresidential permits, as described herein, shall be issued without prior approval of the City Council and when required by the Metropolitan Water Control Commission (MWCC) or its agents . 904-5 4. All public facilities shall be developed, improved and maintained according to the highest adopted standards of design and performance to serve as examples for private development. 5. All public buildings shall be designed and maintained to be safe, secure and resistant to vandalism while maximizing public and city usability. ~. Those areas, places, buildings, structures and other objects such as Indian mounds having significant architectural, historical, community or aesthetic interests and values shall be restored and preserved, as defined under the Minnesota Historic Sites Act of 1965, as may be amended. 7. Adequate screening, landscaping, and buffering facilities shall be accomplished in order to minimize their impact on surrounding uses and enhance the community and areas in which they are located. Public Utilities 1. City public utilities will be reviewed at the same time that the Capital Improvement Program is reviewed each year. 2. Demand for urban services shall be anticipated, with emphasis to conserving existing facilities, in order to facilitate orderly, fiscally responsible extension of service systems. 3. Easements for utility systems shall be located according to uniform standards, providing for ease of access for maintenance and repair and minimal disruption of other activities or areas. 4. All utility systems and possible utility and service needs shall be periodically monitored and all existing systems shall be maintained to assure a safe and high quality standard of service on an ongoing basis. 5. The impact of required utility facilities and services shall be minimized upon surrounding uses. (. Underground installation of all new utility services shall be required and when economically feasible, existing overhead systems shall be converted to underground. 7, Coordination among all utility improvement programs shall be constantly pursued. 8. On-site disposal and treatment systems shall be phased out where possible and the installation of new systems shall be prohibited. Gravity sewer systems are to be encouraged, and sewer lift stations should only be allowed when it is technically infeasible to achieve gravity flow. ~, Separate sanitary and storm sewer systems shall be maintained. 8199 CF- 11 10. Run-off shall be managed to protect the groundwater recharge areas. 11. Benefiting property owners shall assume the burden of improvements made by the City in their behalf. 12. Natural drainage shall be preserved to the extent possible in order to minimize storm sewer costs. 13. Commercial development shall provide adequate water systems to insure proper fire protection. Energy Encourage use of alternative energy forms in new constriction. 2. Develop and institute a program for disseminating information on governmental energy conservation programs and helpful ideas on personal energy conservation methods. 3, Where practical, promote overall energy conservation in the community development process. 8/9q CF- l2 Community Facilities/Services Plan Sanitary Sewer Shorewood's sanitary sewer system was initially constillcted in the early 1970°s. Prior to installation of the sewer system, it was necessary to develop property with lot sizes large enough to support on-site sewer systems. I~ue to wet soils many areas were not suitable for development at all. Whereas the lack of sanitary sewer influenced development in the past, the existence of sewer also influences development. Areas previously unsuitable far development became developable. Although limitations on the metropolitan sewer system resulted in brief sewer capacity problems for Shorewood in the mid 1980's, those issues have since been resolved, primarily through expansion of the regional interceptor system. Consequently, Shorewood's sewer system is considered to be adegLtate to handle all future development as projected in the Land Use chapter of the Comprehensive Plan. Given the availability of sewer in Shorewood, and the fact that any remaining extensions to the system will be installed through private land development, the City's focus has turned to maintenance and upgrading of the existing system. Control of inflow and infiltration (III) of clear water into the sanitary sewer remains an ongoing problem. III occurs when ground water leaks into the system through broken seals in joints, or when stormwater is diverted to the sanitary sewer system from building sumps and raingutter leads. Aside from environmental concerns, sewage treatment of clear water on a regional level is costly and has resulted in inordinate charges to Shorewood by the Metropolitan Waste Control Commission (MWCC). Shorewood has committed itself to reducing I/I. A three- year program was initiated in 1989 to reduce I/I in suspected problem areas of the City. Older sections of the 8/99 CF- 13 system located in wet soils were televised, sealed and repaired with noticeable results in decreased flows through lift stations. The City also initiated an aggressive sump pump inspection program to identify and correct properties that previously pumped or drained stormwater into the sanitary sewer. The City should continue to monitor and analyze data from its lift stations and from the MWCC to identify problem sections of the system. These sections should be televised, sealed and repaired. In addition to reducing UI, the City has established a routine sewer maintenance program, Manholes are inspected on a periodic basis and sewers are flushed at minimum once every five years. The City requires that all new development connect to the sanitary sewer system. Although new on-site septic systems are prohibited, a small number of systems remain in existence. These systems should be identified and, where feasible, required to connect. Regulations to this effect already exist within the City Code. Remaining new segments of the municipal system will be constricted and paid for as part of private development projects. Gravity sewer is to be encouraged, while lift stations are to be allowed only when gravity service is technically and economically not feasible. Municipal Water Shorewood's municipal water system consists of five separate systems as shown on the following page. Approximately 40 percent of the households in Shorewood are connected to the system. In 1984 the City prepared a Comprehensive Water Study to serve as a guide for the development of an overall system. The Study was updated in 1990 and again in 1996 after which the City initiated a plan for extending water throughout the community over a ten to twenty-year period. Since Chen the City Council has determined that the majority of Shorewood residents did not support such an aggressive approach to the constriction of a city-wide system. Consequently, the direction at this time is to concentrate on making the existing system as reliable and financially viable as possible, and to serve residents where demand can be demonstrated. The City's water policies and codes should be updated based upon the following guidelines: • The overall water system is to remain financially self-supporting. • Any future extensions of city water must be consistent with the overall plan for city water (i.e. pipe sizes). • With the exception of commercial and multiple-family residential, no one is required to physically connect to the system. Further, existing wells can be maintained and new wells can be drilled. • New development of more than three lots shall_ provide city water where it is technically and financially feasible. • Allow water main extensions to provide water to residents where technically and financially feasible and where demand can be demonstrated. Consider asuper-majority of residents as being demand for water extensions. g/9c~ CF- 14 (;ITS UE 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 Larry Brown, Acting City Administrator P.E., Director of Public Works FROM: James Landini, City Engineer DATE: June O5, 2008 RE: A Resolution Accepting Low Bid and Awarding Mill & Overlay Contract to the Successful Low Bidder Exhibit A is the Bid Tabulation for the 2008 Bituminous Mill, Overlays and Appurtenant Work for Apple Road, Blue Ridge Lane and Cathcart Drive Project which were opened and tabulated on June 4, 2008. In 2008 we are proposing to Mill & Overlay the following streets: Apple Road, Blue Ridge Lane, and Cathcart Drive. The low bidder is Midwest Asphalt Corporation in the amount of $155,672.30. Based on the other bids received, it appears that the costs for this project are reasonable. This project will be funded by the Streets & Roadways Operating Budget which has $300,000 budgeted for street maintenance in 2008. Unfortunately this project puts the total for street projects this summer at $328,506.95, or an over-budget situation of $28,506.95. There are several options to consider. 1. Accept the project as is and authorize expenditures in excess of the budget. 2. Reduce this project by $28,506.95 which is removing an equivalent to Blue Ridge Lane. 3. Reduce the sealcoat project by $28,506.95 which is removing an equivalent of all of Boulder Bridge and Eureka North. Recommendation Staff recommends the contract for the 2008 Mill and Overlay be awarded to Midwest Asphalt Corp. in the not to exceed amount of $155,672.30. A resolution is attached for your consideration. .. ~®«® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 08 - A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE 2008 BITUMINOUS MILL, OVERLAYS AND APPURTENANT WORK FOR APPLE ROAD, BLUE RIDGE LANE AND CATHCART DRIVE CITY PROJECT NO. 08-04 WHEREAS, pursuant to an advertisement for bids for local improvements designated as the 2008 Bituminous Mill, Overlays and Appurtenant Work for Apple Road, Blue Ridge Lane and Cathcart Drive, City Project No. 08-04, bids were received, opened on June 4, 2008 and tabulated according to law, and such tabulation is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council has determined that Midwest Asphalt Corp. is the lowest bidder in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a contract Midwest Asphalt Corp. in the name of the City of Shorewood, Project No. 08-04, according to the plans and specifications therefore approved by the City Council on file in the office of the City Administrator/Clerk. 2. That the City Administrator/Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except for the deposits of the successful bidder and the next two lowest bidders, which shall be retained until a contract has been signed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of June, 2008. Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk City of Shorewood Bid Tabulation Mill and Overlay Shorewood City Project No. 08 - 04 Bid Date : 10:OOa.m. Weds Engineer: City of Shorewood June 4th, 2008 No Bid Bond 1 Check (5%) Bid 1 Midwest Asphalt Corp X $ 155,672.30 2 Northwest Asphalt, Inc. X $ 161,576.65 3 GMH Asphalt X $ 157,081.60 4 Hardrives X $ 184,277.10 5 DMJ Corporation X $ 215,973.00 6 Valley Paving X $ 188,291.50 7 Safet Si ns 8 Geyer Si nal 9 Highway Technologies 10 Bituminous Roadways X $ 185,795.00 11 12 13 14 15 Engineers Estimate $ 183,000.00 I hereby certify that this tabulation is a correct and true representation of the bids received on this date for this Improvement Project ~-~------=s ames Landini City Engineer ~'-~-off Date J ,; , Jean Panchyshyn Deputy Clerk/Executive Secretary ~~ -~~,~~ Date Exhibit A 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: Larry Brown, Acting City Administrator & £' Director of Public Works DATE: June 6, 2008 RE: Authorize Expenditure of Funds for the Control Portion of the Design Build Contract Amesbury. Well Controls. On October 22, 2007 the City Council accepted the proposal for professional services by Instrument Control Systems, for the design build phase of the Amesbury We11 Control Project. Attachment 1 is the memorandum which outlined these services. The City Council may recall that the Amesbury Well System and the SE Area Well systems were interconnected via the installation of new watermain in 2006, which provides a means to manually pump water between the systems or to the water tower located on Old Market Road. Until controls are in place for the Amesbury Well system, pumping with the control valves open between the systems requires that pumps be operated manually. The basis of this project is to add the proper automated. controls at Amesbury Well, to be able to take advantage of the water tower and to integrate the control systems of the Amesbury System with the SE Area System. Instrument Control Systems (ICS) has completed the design portion of the project and has competitively bid out the components of the project. This includes many different vendors for all of the. various components. Table 1 below (and Attachment 2) summarize the quoted results. ~®a® PRINTED ON FiECYC~ED PAPER ~ R Mayor and City Council Amesbury Well Controls June 6, 2008 Page 2 of 3 De~sci•iption Firm Amount Electrical installation of all Electrical Installation & $12,900. conduits, wiring, motor Maintenance control center, lighting, circuits. Mechanical piping, flow Shank Constructors, Inc. $4,200. metering and injection taps, and plumbing. Motor Control and Variable Allen Bradley $33,360. Frequency Drive Controls and Equipment. Flow-meter and Transmitter Controls & Meters, Inc. $2,438. Supervisory Control Panel Instrument Control Systems. $32,240. and Wiring Professional Design Services Instrument Control Systems. $22,500. Total $109,123. Table 1 The consultant, Instrument Control Systems (ICS), has done a through job at trying to minimize costs to the project. Staff and ICS have been working with Xcel Energy with regard to the incoming power source for the building and wells. Anytime a major overhaul of control equipment is performed, the power source and demand requirements are reviewed to determine reliability, type of power, power demand, and any cost savings that may be obtained by modifying the voltage or type of power utilized. In this instance, Xcel Energy encouraged the design team to change the power source and transformer outside of the building, at a cost of approximately $8,000 - $12,000. In examining the long term costs of this, it was determined that Xcel desired the service to be modified, due to the fact that the existing type of circuitry may be more susceptible to "brown-outs." Demands and history for the area were also examined and found that there is not a current history of brown-outs for this area,. nor does it appear, at this time, that the foreseeable demand increases would result in these type of occurrences. Based on this analysis, it was decided that the existing electrical service should remain, and the control equipment be designed to accept a change in the voltage and circuitry, with only minor modifications in Mayor and City Council Amesbury Well Controls June 5, 2008 Page 3 of 3 the future, should the need to revise the power grid change. Therefore, it was noted in the footnotes of the summary page shown that the costs are based upon the existing electrical service remaining as is. Financing for this project has already been obtained, through the Water Revenue Bonds that were issued on June 15th, 2005, to fund a conglomeration of projects. A current summary of the two bond issues performed in 2005 and 2006 to fund various water projects are shown as Attachment 3. For the Amesbury Well Control Project, there remains $128,378 from the 2005 bond sale. Staff is pleased to report, that with taxes and any costs for telephone modifications required, this project will be well under the budget established and the funds available for this project. Recommendation Staff is recommending approval of a motion that authorizes the expenditure of funds from the Municipal Water Fund, as outlined in Attachment 2 of this memorandum. MEMORANDUM CITY OF sHORE~ooD 5755 COUNTRY GLUB 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 Craig Dawson, City Administrator James Landini, City Engineer FROM: Larry Brown, Director of Public Works DATE: October 15, 2007 RE: Accept Proposal for Professional Services for Design, Build, and Install of SCADA Equipment for the Amesbury Well House by Instrument Control Systems. Of all the equipment the City owns and operates, there is nothing more complicated than the communications, control systems and infrastructure that operates and maintains the municipal water systems. While not limited to just water systems, these systems are. often referred to as SCADA Systems. The acronym SCADA, is derived from the terms Superior Control and Data Acquisition. The City Council may recall that this project has been on the books for a period of time, and was planned to be completed after the SE Area -Amesbury Watermain Project was completed. That project has now been completed, and is at the point of being accepted by the City. While the mechanical interconnection from the Amesbury System to the SE Area System and water tower located at Truck Highway 7 and Old Market Road has been made, the controls are not in place to utilize the interconnection between the systems. These systems have to be opened up manually any time water has to flow from one system to the other. The City Council may also recall that this project is needed to address water quality standards for the blending of water between the systems to meet the Safe Water Drinking Act. Instrument Control Systems, ICS is the City's consultant for SCADA systems. ICS specializes in the design-build, and programming of these systems. ICS has served many of the surrounding municipalities very well. Attachment 1 is the proposal solicited by Staff from ICS. This proposal includes many parts: General Contract Requirements, including insurance and coverage's required by the City: - Design of the SCADA, Motor Control Centers, Programmable Logic Controllers, and Programming - Design, Furnishing and Installation of the Supervisory Control Panel - Programming of the SE Area System and Correlation between the two systems - Bidding for major electrical components and installation - Startup and troubleshooting - Asbuilt Documentation r=M~ PRINTED ON RECYCLED PAPER ATTACHMENT 1 PROPOSAL BY ICS Mayor and City Council Accept Proposal Design Services ICS Amesbury Well Controls October 15, 2007 Page 2 of 2 While this ICS' portion of the contract includes the specialized hardware that include a design component in the operation for the communications systems, the larger portions of the hardware, that are more generic will be bid out competitively. This includes the following items: - Motor Control Center - Variable Frequency Drive with Bypass systems - Motor Starter - Variable Frequency Drive motor termination - Lighting panels and transformers - Pressure transmitter - Low temp and flood switches - Installation of above equipment The total proposal included in the design build portion of the contract is not to exceed $65,000. Realize that a large portion of this is hardware costs, specific to the design. It is estimated that with the remaining hardware to be bid out, that the total costs for entire project are $130,000. Financing for the project has already been put in place as part of the bonds that were sold in anticipation of this and other projects in 2005. The bonding amount for this specific project was set at $150,000. Thus, this estimate is below the budgeted amount. Staff has reviewed the numbers and is comfortable with the estimates. Recommendation Staff is recommending approval of proposal for professional design services from Instrument Control Systems for the Automation and Control Systems design-build for the Amesbury - SE Area System interconnection, as outlined in Attachment 1. PROFESSIONAL SERVICE CONTRACT AUTOMATION and CONTROL CONTRACTED PROFESSIONAL SERVICES (Amesbury Well Electrical Engineering Update Services) CITY OF Shorewood, Minnesota Attachment 1 City of Shorewood, Minnesota Professional Services Contract 1. Contract .......................................................................................................3 1.1 Preamble ..................................................................... 1.2 Article I -Scope of Work .................................................................3 1.3 Article II -Contract Price .................................................................4 1.4 Article III -Component Parts of this Contract .................................4 1.5 Signatures ........................................................................................4 2 General Specifications ................................................ ................................. S . 2.1 General (Omitted) ........................................... ................................. 5 2.2 Substitutions (Omitted) ................................... .................................5 2.3 Insurance Requirements .................................. ................................. S 2.4 Change Orders ................................................ .................................6 3 Special Specifications ................................................ .................................7 . 1 3 Prosecution and Progress ................................ .................................7 . 3.2 Scope of Work ................................................ .................................7 3 3 Services and Frequency .................................. .................................7 . 4 3 Drawing Certification ........................... ......................... . 3.S 6 3 Ownership of Documents ............................... Term of Contract ............................................. ................................ 8 ~'. .................................8 . 3 7 Rate Adjustments ............................................ .................................8 . 3.8 Invoicing ......................................................... .................................8 9 3 Amesbury Project -Scope of Work ................................................9 . 3.10 Cancellation .................................................... .................................9 a City of Shorewood, Minnesota 1. CONTRACT 1.1 Preamble Professional Services Contract This contract made this 12th day of October , 2007 , by and between Instrument Control Systems, Inc., herein called "Contractor", and the City of Shorewood, a municipal Corporation, located in Ilennepin County, Minnesota, herein called "Owner". WITNESSETH, that the Contractor and Owner for the consideration stated herein, agree as follows: 1.2 Article I -Scope of Work The Contractor shall perform everything required to be performed and shall provide and furnish all the labor, equipment, necessary tools, expendable equipment, insurance provided by the specifications, contributions to social security and all utility and transportation services required to perform and complete, with the skill as is consistent with the Contractor's profession, the following work: A. The Contractor shall provide Technical Consulting Services in support of the Amesbury Well Electrical Upgrades and Associated Telemetry. TASK: 1.) The Consulting Services shall focus on engineering and coordination of the city's water Electrical, Instrumentation and Controls projects. GOAL: To provide direction, development of standards and minimize overall project costs through thorough up-front planning. TASK: 2.) To provide bid specification for Amesbury well electrical equipment and installation services. GOAL: Field competitive bids for electrical distribution equipment and installation services. All work shall be in strict compliance with the Contractor's proposal and other contract documents, herein mentioned as component parts of this contract. 1.3 Article II -Contract Price The Owner shall pay the Contractor for the performance of this contract an amount based upon the unit prices contained in the proposal and the measured quantities of work done. 3 City of Shorewood, Minnesota Professional Services Contract Unless otherwise provided in the special specifications, payments are to be made to the Contractor no later than the 30th of each month, on the basis of the work performed during the preceding month and receipt of invoice by the first Friday of the Month. 1.4 Article III -Component Parts of this Contract This contract consists of the following component parts, all of which are as fully a part of it as if set out verbatim herein, or if not attached, as if the same were hereto attached: 1. Contract 2. General Specifications 3. Special Specifications 4. Contract Change Order The contract documents form a complete unit and requirements called for by one are as binding as if called for by all. In cases of conflict between plans and specifications, the specifications shall govern. Special Specifications shall control over General Specifications. In Witness Whereof, the parties hereto have caused this instrument to be executed in four original counterparts the day and year first written. 1.5 Signatures SIGNED AND SEALED: COMPANY Instrument Control Systems, Inc. ADDRESS 13005 16t" Avenue North ~a Jeff Martin Signature Sales Manager ATTEST: CITY OF SHOREWOOD, MINNESOTA Signature Larry Brown Director of Public Works 2. GENERAL SPECIFICATIONS 2.1 GENERAL:Omitted 2.2 SUBSTITUTIONS: Omitted 4 City of Shorewood, Minnesota Professional Services Contract 2.3 INSURANCE REQUIREMENTS Without limiting the City of Shorewood's right to indemnification, the contractor shall maintain during the life of this contract, worker's compensation, comprehensive general liability insurance and comprehensive automobile liability insurance as follows: A) Kind of Insurance: WORKER'S COMPENSATION (including Employer's liability) COMPREHENSIVE GENERAL Bodily injury liability Bodily injury liability Property damage liability COMPREHENSIVE AUTOMOBILE (including owned and non-owned) Bodily injury liability Bodily injury liability Property damage liability Minimums of Liability Statutory $1,000,000/person $1,000,000/occurrence $500,000/occurrence $100,000/person $250,000/occurrence $500,000/occurrence B) Comprehensive General Liability includes, but is not limited to: existence of equipment of machines on location and contractual obligations to customers. C) The Comprehensive General Liability insurance certificate shall contain a statement from the insurer they waive the care, custody or control exclusion. D) These policies shall covenant requiring thirty (30) days written notice to the City before cancellation, reduction or other modifications of coverage. These policies shall be primary and non-contributing with any insurance carried by the City and shall contain a severability of interests clause in respect to gross liability, protecting each named insured as though a separate policy had been issued. E) In the event that the contractor fails to maintain and keep in force the insurance and Worker's Compensation as herein provided, the City shall have the right to cancel and terminate the established contract forthwith and without notice. The contractor shall advise each insuring agency to automatically renew all policies and coverage enforce at the start of and resulting from this contract until coverage requirements are revised. 5 City of Shorewood, Minnesota Professional Services Contract F) The contractor shall save, keep harmless and defend the City of Shorewood against any and all liability claims, costs or whatsoever kind and nature for injury or death of any person or persons and for loss or damage to any property occun•ing in connection with or in any way incident to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, resulting in whole or part from the negligent acts or omissions of contractor, employee, agent or representative of contractor. G) The contractor shall bear the full responsibility for all risk of loss from equipment damage, including that leased to the City and money or product lass resulting from vandalism or theft. The contractor shall not penalize the City for any losses incurred and related to this contract. H) Within ten (10) days after the award of the contract, the contractor shall file with the City Clerk, satisfactory evidence of having adequate worker's compensation insurance and public liability insurance, both personal and property. I) The City of Shorewood shall be shown as "also insured" on all certificates of insurance supplied to the City Administrator. 2.4 CHANGE ORDERS Any change to the signed contract must be approved, in writing and/or email, prior to the commencement of the change. All changes/amendments/addition/ deletions to the original contract must be described on the Contractor's Change Order Proposal with necessary increase/decrease in contract price indicated. The Contractors Change Order Proposal is to be numbered and is to be signed by the Contractor and approved by the Director of Public Works. 6 City of Shorewood, Minnesota Professional Services Contract 3 SPECIAL SPECIFICATIONS 3.1 Prosecution and Progress The Contractor shall be available to perform services on an "As Needed" basis, as determined or delegated by the City. 3.2 Scope of the Work T11e Scope of the Work shall be determined on an "As Needed" basis or as delegated by the City. The Contractor maybe required to submit a project approach and estimate of hours for "As Needed" services prior to award of any part of the Work. However, cost shall be determined according to actual work performed. This Contract in no way prevents the City from performing any work, or parts of the work; from Contracting any work, or parts of the work, with other technical or consulting service providers separately. 3.3 Services and Frequency The Contractor shall provide "As Needed" technical & consulting services for the City Of Shorewood, as authorized by the Director of Public Works. Examples of where services may be required are: Process Controls; Supervisory Control and Data Acquisition (SCADA); automated equipment monitoring and operation; automated data entry and calculations; system integration and programming; operations and maintenance planning and implementation; developing and troubleshooting O&M practices and procedures; programming and calibration of automation equipment hardware and software; integration; software and programming tailoring; interfacing; software and programming requirements; PLC's (Programmable Logic Controllers); VFD (Variable Frequency Drives); cabinets and racks; other electrical; field equipment, instrumentation and hardware for metering, measuring, gauging, timing and control; ultrasonic level sensors; flow monitors; pressure transducers; magnetic velocity sensors; motion sensors; CPU upgrades (central processing units -computers), related hardware, software, programming, work stations; communications systems (networking, data highway, telemetry, radio, fax, data/modem/auto dialers, CPU's, PLC's, phone system integration, servers, printers, plotters, drives, backups, hardware and software); data acquisition (code readers, operator interface, scanners, IR sensors, other sensors, readers, scanner, CD changes, interface devices); other hardware and software; installation of hardware/software; start up and commissioning of said systems. These are consulting services that do not require engineering qualifications. Create bid specifications and perform bid evaluation of electrical equipment and 7 City of Shorewood, Minnesota Professional Services Contract installation for the Amesbury Well project. Major Items furnished by ICS: 1. Supervisory Control Panel 2. All required new PLC and OIT programming and modifications to existing southeast well programming 3. Bid services The total net cost (Not to Exceed) for the above services as required by the Amesbury project (excluding tax) is $ 65,000.00 3.4 Drawing Certification All drawings and specifications prepared by the contractor shall be certified and signed by contractor's on-staff, licensed professional engineer in accordance with Minnesota Law. 3.5 Ownership of Documents Subsequent to completion of the Work and payment to the Contractor by the City, the plans, shop drawings, specifications, reports, or other work product shall become the property of the City of Shorewood. 3.6 Term of Contract This contract shall be effective for a period of one (1) year. The City shall have the option to extend this contract for additional one (1) year periods, where such an extension is agreeable to both the Owner and Contractor. 3.7 Rate Adjustments In the event of Federal or State minimum wage increases, the Contractor, with at least sixty (60) days written notice to the City, maybe eligible to receive an increase in their monthly rates, not to exceed the percentage of increase in the minimum wage. This request shall not be considered a reason for opening the contract to new proposals. 3.8 Invoicing 8 City of Shorewood, Minnesota Professional Services Contract Payments are to be made to the Contractor no later than the 30th of each month, on the basis of the work performed during the preceding month and receipt of invoice by the first Friday of the month. Submission of status reports and/ or drafts of work product may be required. 3 9 Amesbury Proiect -Scope of Work -Bid Items Below are the items which ICS will create the required information/documentation to provide for competitive bids on the following electrical equipment/services: 1. Motor Control Center 2. VFD with Manual Bypass Starter 3. VFD Motor Terminator 4. Lighting Panel and Transformer 5. Pressure Transmitter 6. Low Temp and Flood Switches 7. Installation of the above equipment and miscellaneous materials required for installation. 3.10 Cancellation This contract may be cancelled by either party on thirty (30) days prior written notice. 9 ~ ~~ ,^ x x `~ INSTRUMENT ONTROL YSTEMS, INC. • ~ ~ ~1~ ~ ,~ ~ ~ 13005 16TH AVE. NORTH • SUITE 100 • PLYMOUTH MN 55441 °~.~ ` ~~,_~ PHONE: (763) 559-0568 • FRX: (763) 559-2187 c~~T~F~EQ ~'_`~~~r:~~~ www.icscontrols.com • email: ics@icscontrols.com ENGINEERING • INSTALLATION • SERVICE June 5, 2008 RE: Amesbury Well Power, Control & SCADA System Engineering Update Project Summary Electrical Installation $12,900.00 Mechanical Installation $4,200.00 Motor Control and VFD Equipment $33,360.00 Flowmeter (4") $2,438.00 Sensors (Press, Door, Temp, Flood) $1,485.00 Supervisory & Control Panel $32,240.00 Professional Services $22,500.00 Total $109,123.00 ATTACHMENT 2 Summary Table Quotes ;~ '~~ ~~'~` P~ INSTRUMENT CONTROL YSTEMS, INC. ~~ , ~ ~ 13005 16TH AVE. NORTH • SUITE 100 • PLYMOUTH MN 55441 .. ~~ ~ ;:~ PHONE: (763) 559-0568 • FAX: (763) 559-2187 a~RT~Fr~° =r~~~~ T www.icscontrols.com • email: ics@icscontrols.com ENGINEERING • INSTALLATION • SERVICE June 5, 2008 RE: Amesbury Well Project Summary Notes 1. The Project summary does not include telephone service charges for telephone line changes required by the new telemetry system. 2e The new power system has been designed to work with the existing open Delta Utility Transformer. If the utility transformer is required to be changed out, now or in the near future, the estimated cost is $8000.00 to $12,000.00 dollars, The project would remain within the original $124,500.00 estimate. City of Shorewood Municipal Water Project Financial Status Report Bond Issue: $1,525,000 G.O. Water Revenue Bonds, Series 2005A Bonds Issued June 15, 2005. Amount available after issuance costs: $1,473,300 Project Estimate Actual To-Date Badger Well House Rehab $ 625,000 $ 687,430 Radio Read Meter Project 210,000 184,390 a) Woodhaven Well Interconnect 175,000 175,000 Amesbury Bldg/Well Repair 150,000 21,622 Water Tower Paint/Rehab 300,000 0 2005 Total: 1,460,000 $ 1,068,442 (Koehnen -Well house 2007) 391,558 Bond Issue: $1,450,000 G.O. Water Revenue Bonds, Series 2006A Bonds Issued November 29, 2006 -amount available after issuance costs: $ 1,418,554 Woodhaven Interconnect (Addtl) SE Water Connection Wedgewood Mallard Teal Water 2006 Total: $ 275,000 880,000 250,000 $ 1,405,000 $ 280,898 b) 854,605 304,891 c) $ 1,440,394 Total Project Estimates: $ 2,865,000 $ 2,508,836 $ 2,891,854 Total Bond Proceeds a) Bid received May 2007 estimated $255,000. b) Total for Woodhaven Interconnect Actual = $455,898 vs. Budget = $450,000 c) Amount was assessed to residents _ATTACHMENT 3 Bond Status Summary J~n~ 9, 200 ~'Q l~ay~r i~i~~e I~~rb~r~ ~~~ ~i~y ~~~ari~i~: arc eras The following exhibits are attached: L Hennepin County 2006 Aerial photo, 4405 Enchanted Point 2. Shorewood City Code Sections 904.04, 904.05 and 904.6 (highlighted) 3. City of Shorewood notice letter dated May 15, 2008 4. Appeal request letter dated May 21, 2008 5. City of Shorewood letter dated May 22, 2008 6. Response letter dated May 30, 2008 ,' . „} ~ .~= `~~ - F ~,. ~' z ~ ~ z~ ~- ~ ~ y ~ ;~ ~~ ,. ~_ ~ / +~~ ' is ~ _' ~ ~ f.# rf a ~ __ .~ s' ~_y~-- y a _ ~ ~ L ba 'q'' ~ ~ ~Y -_ ;~ ~ -':.. ~ ~ ~ , a' ~ 3~ ~ ~ ~ °s... ,fit J~' :~_. ' ,~, ti a -«~ ,rt ~"_€ r n _.,_, ti .,. +~...r ~ Jam. I, ,, ] ~~- r-~ r~ {._ ;~ _ ,. ~ . A ~'k {w11Jry+ -0 ` ~. .i ii ~ -. i ;~ ~ ~. y '' ~" z ~ _~r a ~ ~r ..t 904,04 Shorewood -Public Rig;1.t-of-Way aad Property 904.06 Q04,f14 ~1SE GP FtTPEIC SEWEI?.~ REQUIRED. Subd. 1, It shall be unlawfut for any person to place, dispose or permit to be disposed in any unsanitary manner upon public or private property within the city any human excrement, sewage or industrial wastes, garbage ar other polluted waters or other objectionable wastes. Subd. 2. It shall be unlawful to discharge to any natural outlet within the jurisdiction of the city any sanitary sewage, industrial wastes, garbage or other polluted waters or wastes, Subd. 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used far the disposal of sewage. (1987 Code, § 904.04) Penalty, see § 104.01 904.0 SEVER SEP.VICE Cf~I~ECTI~t~S. Subd. 1. 1 he owners of all homes, buildings ar properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley, public sewer easement or right-of-way in which there is now located a public sanitary sewer are hereby required, at their expense, to install suitable toilet facilities therein and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of written official notice given by the City Council to do so; but in all events connection to the public sanitary sewer shall he mandatory and required for all houses, buildings ar properties used foe h uman occupancy, employment, recreation or other purposes and which abut upon the public sewer. Subd. 2. Exception; city owned park shelter buildings may not be required to connect to the sanitary sewer system, Portable toilet facilities may be used in city parks provided they are screened from view of adjacent residential properties. {1987 Code, § 904.05} (Ord. 293, passed 6-13-1994} 904.6 PRIVATE SEWAGE DISPOSAL SYSTEIl~IS. Subd. I. General. Where a public sanitary sewer is not available under the provisions of § 904.05 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter, Subd. 2. Discharge into public sewer prohibited. No septic tank or cesspool shall be permitted to discharge into any public sewer or natural outlet. 904-4 804.06 ~evver Cade 904.07 vubd. 3. Connection. !o ~~Iblic sewer, abandonment of systems. a. The owners of all houses, buildings or properties which abut upon ar are served by a public sewer a_nd where cesspools and septic tanks have been in existence prior to the construction of the sanitary sewer sl?all connect with the public sewer when the septic. tank and cesspools are in need of major repairs or reconstruction. Any septic tanks ..and cesspo©ls and private sewage disposal facilities then existing shall be abandoned and filled with suitable material. b. At the time as a public sewer becomes available to a property. served. by a private sewage disposal system, as provided in § 904.05 of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter. Anyseptic tanks, cesspools and similar private sewage disposal facilities then existing shall be abandoned and .filled with suitable. material . Subd, 4. I~isposcl of contents of septic tanks and cesspools, Contents of septic tanks and cesspools or other refuse shall not be pumped or emptied into the city's public sanitary sewer system. (1907 Cade, § 904:06) ~vtd. 64, passed 5-g-1972) 9fl4.09 5~i~'EIt PEI~1~~i~'S. Subd. 1. Classes. a. There shall be two classes of building sewer and connection permits; (1) for residential service; and (2) For nonresidential service, includingservice to commercial estabtishrnents,, churches, schools and establishments producing industrial wastes. (3) In either case, application shall be made on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications ar other information which the city may reasonably .require. At the time of applying for the permit, the applicant shall pay an :inspection fee as prescribed by the Council. Inspection fees for residential connections .and for nonresidential connections shall be in the amounts as the Council may from time to time. establish by resolution.. b. Nonresidential permits, as described herein, shall be issued without prior approval of;the City Council and when required by the Metropolitan Water Control Commission (MWCC) - or its agents . 904-5 y., w .~` "`~' y _b ;~'~ 5755 COUNTRY CLUB ROAD a SHOREWOOD, MINNESOTA 55331-$927 • (952} 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhal!@ci.shorewood.mn.us Janet Sue Molin Re: 4405 Enchanted Point (Service Address) 1950 Westwood Cir Roseville, MN 55113 Re: City Code 904- Sanitary Sewer Connections Dear Ms. Molin: City Code 904.05 requires all homes, buildings or properties used for human occupancy within the City and abutting a public sanitary sewer to connect to the public sanitary sewer at the property owner's expense. This connection needs to be completed within 90 days of this written official notice. As part of City Code 904.06 the septic system will need to be abandoned after connection to the public sanitary sewer. Our records indicate that you have public sanitary sewer abutting your property and you have not connected. This letter serves as the written official notice to connect. You have the right to appeal this notification and request a hearing before the City Council to explain why you should not be required to connect. The City must receive a written appeal within ten (10) days of this notice. City Staff will schedule the appeal for the next City Council meeting. The City Council meets the second and fourth Monday of each month at 7 pm. Your first step to comply with City Code is to hire a Registered Master Plumber contractor to make the connection and abandon the septic system. In addition, there will be fees the City charges far service, connections and permits: Sewer Access Charge $1,200 one time fee Sanitary Sewer Service $70 per quarter Sewer Connection permit $150 permit fee If you have any questions relative to this matter, please do not hesitate to call James Landini, City Engineer, at 952-474-3236. On behalf of the Shorewood City Council ~~i Christine Lizee, Mayor Ce: Tim Keane Larry Brown Brad Nielsen Bonnie Burton a~ ~ ,® PRINTED ON RECYCLED PAPER May 15, 2oog May 21, 2008 Christine Lizee, Mayor City of Shorewood 5755 Country Club Road Shorewood, MN 55331-5927 Re: 4405 Enchanted Point Dear Mayor Lizee: This is in regards to your notification letter dated May 15, 2008, regarding City Code 904 -Sanitary Sewer Connections. Thank you for notifying me of this issue. Its the owner of the subject property I wish to appeal this notification and request a hearing before the city council on this matter. Please provide adequate notification as to the meeting date at which this item will appear on the council agenda. Thank you. Sincerely, Janet Sue Molin Property ®wner 4405 Enchanted Point 1950 ~Jestwood Circle Roseville, MN 55113 Cc: Tim Deane Larry Brown Brad Nielsen Bonnie Burton James Landini ~~~ SH~REWOC~ 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 Janet Sue Molin Re: 4405 Enchanted Point (Service Address) 1950 Westwood Cir Roseville, MN 55113 Re: City Code 904-- Sanitary Sewer Connections Dear Ms. Molin: I have received your appeal request. The next regular City Council meeting is June 9, 2005 at 7pm. I will place your appeal on the agenda that evening. The appeal will appear under item #9, so plan to appear approximately 7:30pm. If that date is inconvenient for your schedule, please call to coordinate a different meeting date. Please provide me with a letter elaborating a little mare detail describing the reason for the appeal to include in the City Council Agenda packet by the end of day June 4, 2008. Examples include (but are not linvted to} a time extension, or why the ordinance does not apply to 4405 Enchanted Point. If you have any questions relative to this matter, please do not hesitate to call James Landini, City Engineer, at 952-474-3236. - Thank you LtOE.n~ James Landini City of Shorewood Cc: City Council Tim Keane Larry Brown Brad Nielsen Bonnie Burton ~~ May 30, 2008 James Landini City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 Re: 4405 Enchanted Point Dear Mr. Landini: This is in regard to your letter dated May 22, 2008, regarding City Cade 904 -Sanitary Sewer Connections. I will attend the City Council meeting on June 9, 2008 and state my appeal. My appeal is based on the exception provided in Shorewood City Code, Section 904.04 Subd. 3 and Section 904.06 Subd. 3, a., for properties with private sewage disposal systems in existence prior to the construction of the sanitary sewer. Thank you. Sincerely, Janet Sue Molin Property Owner 4405 Enchanted Point 1950 ~%Jestwood Circle Roseville, MN 55113 Cc: Christine Lizee, Mayor Tim Keane Larry Brown Brad Nielsen Bonnie Burton CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING June 9, 2008 PUBLIC SIGN-IN SHEET For the record, please rint your name and address below. Thank you. Name Address _...- _n n~ ~ -~ r ~ ~~ ~ 1.~ ~ ~ ,~ - ~_, „r ~~ ., ~ ~ 3. , ~ ~,. 1 1 tint ~ ~ ~`r~ G c~-~ _- Y' G f . rt r gg ~, ~/' t ~~ ~.r ~- ,~ ,ba - , ,o. "~ %~ ~ J~ ~7 ~ ~~ ~' f CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING June 9, 2008 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address ~ ~, .~ ~ -,, 2. , ~~ ~.. 5. 6. 7. 8. 9. 10. 3.