WACONIA CITY COUNCIL SPECIAL MEETING AGENDA SATURDAY, NOVEMBER 7, :45 A.M.

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1 WACONIA CITY COUNCIL SPECIAL MEETING AGENDA SATURDAY, NOVEMBER 7, :45 A.M. VISION STATEMENT Waconia is a free-standing growth center that is friendly, self-reliant and well managed. MISSION STATEMENT We are committed to providing an ideal mix of housing, commerce, health care, recreation, downtown vitality, natural resources, transportation planning, Inter-generational charm and life-long learning. MAYOR: COUNCILMEMBER, WARD I: COUNCILMEMBER, WARD I: JIM SANBORN LYNN AYERS MARC CARRIER COUNCILMEMBER, WARD II: CHARLES ERICKSON COUNCILMEMBER, WARD II: KENT BLOUDEK ************************************************************************************************** NOTE: AGENDA TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE ACCORDING TO LENGTH OF DISCUSSION. TO ENSURE THAT YOU ARE PRESENT FOR ITEMS OF INTEREST, PLEASE BE PRESENT AT 8:45 A.M. 1. CALL MEETING TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ADOPT AGENDA 4. COUNCIL BUSINESS 1) Consider Revised Annexation Petition and Orderly Annexation Agreement submitted by Waconia Public Schools for the Properties described as PID#s , and ) Consider Revision to Agreement for Clearwater Shores Housing Improvement Area Project 3) Consider Amendment to Lease for Copier for City Hall with Marco 5. ADJOURN OFFICE OF THE CITY ADMINISTRATOR Susan Arntz

2 REQUEST FOR CITY COUNCIL ACTION Meeting Date: November 7 th, 2015 Item Name: Annexation Agreement with Waconia Township for the High School Properties and Withdrawl of previous Annexation by Ordinance Request Originating Department: Planning and Zoning Presented by: Lane Braaten, Community Development Director Previous Council Action (if any): Item Type (X only one): Consent Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution No approving the Joint Resolution for Orderly Annexation between Waconia Township and the City of Waconia for the properties described as PID#s , & Motion directing staff to withdraw Ordinance No. 690 annexing the Waconia Public School parcels under Annexation by Ordinance. EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) The City of Waconia has received a Petition for Annexation from Waconia Public Schools to annex certain property into the Waconia City Limits. The subject parcels are described in Exhibit A of the attached petition and depicted in Exhibit B. The Petition for Annexation requests that the City of Waconia and Waconia Township enter into an Orderly Annexation Agreement for the afore-mentioned properties. The Orderly Annexation Agreement would be in lieu of Ordinance No. 690 which was approved by the City Council at their regular meeting on August 17 th, The Council should consider the language proposed in the attached Joint Resolution and approve said document via resolution. In addition, staff would request, a motion from the Council to withdraw the earlier Annexation by Ordinance, Ordinance No. 690, previously submitted to the State for review and consideration. Please note that approval of the attached Joint Resolution indicates that the Township and the City are in agreement that, upon execution of said resolution, the Township consents to and requests that the Carver County Board transfer its zoning authority over the Property to the City. This allows staff to submit a zoning authority request to the County, which will then be considered by the County Board at their regular meeting on November 17, The intent, upon approval by the County Board, would be to hold a special Planning Commission meeting on November 19 th for review of Phase 2 of the High School Plans and review by the City Council at their regular meeting on Monday, November 23 rd, ATTACHMENTS: Attachment 1: Petition for Annexation (4 pages) Attachment 2: Joint Resolution for Orderly Annexation between the Town of Waconia and the City of Waconia (5 pages) FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Budget Information: Planning Commission N/A Budgeted Parks and Recreation Board Non Budgeted Safari Island Advisory Board Amendment Required Other 1

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7 Draft I WA CO NIA TOWNSHIP RESOLUTION NO. - CITY OF WA CO NIA RESOLUTION NO. MUNICIPAL BOUNDARY ADJUSTMENTS DOCKET NO. JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF WA CO NIA AND THE CITY OF WA CO NIA, CARVER COUNTY, MINNESOTA WHEREAS, the City of Waconia (hereinafter referred to as the "City") and the Township of Waconia (hereinafter referred to as the "Town" or "Township"), both located entirely within Carver County, in the State of Minnesota, desire to accommodate growth in the most orderly fashion; and WHEREAS, Independent School District No. 110 ("School District") has purchased land in Waconia Township for the purpose of developing it into a school; and WHEREAS, the School District has petitioned the City to have such land annexed into the City; and WHEREAS, a JOmt orderly annexation agreement between the parties hereto is beneficial to both parties f r om the standpoint of orderly planning and orderly transition of government within the area proposed to be annexed, and provides the guidelines under which such annexation shall take place. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow, the City and Town enter into this Joint Resolution for Orderly Annexation (sometimes hereinafter referred to as the "Agreement") and the property herein described is proposed to be annexed by the City and shall be annexed subject to the following terms and conditions: 1. Annexation of Pro. The Township and the City hereby agree that the property described as follows (hereafter, "Property"): Parcel I The South Half of the Southwest Quarter of Section 22, Township 116, Range 25, Carver County, Minnesota, EXCEPTING THEREFROM the following described parcel: 6

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12 REQUEST FOR CITY COUNCIL ACTION Meeting Date: November 7, 2015 Item Name: Amendment to Agreement for Improvements to Clearwater Shores Townhomes Originating Department: Public Services Presented by: Craig Eldred, Public Services Director Previous Council Action (if any): May Call Public Hearing Creating Housing Improvement Area June Public Hearing Creating Housing Improvement Area for Clearwater Shores Townhome Association February 17, 2015 Advertise for Bid the Clearwater Shores Townhome Home Improvement Area Improvement Project June Award Construction Contract with Sunram Construction, Inc. for the Clearwater Shores Townhome Home Improvement Area Improvement Project November 2, 2015 Work Session to Review Project Adjustments Needed Item Type (X only one): Consent Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution ; Authorize Funding Adjustments in the Amount of $250, to Meet Adjusted Wall Design Safety Factor Standards for Clearwater Shores Wall Improvement Project EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) As Council Members are aware we have been working diligently with representatives of Clearwater Shores Townhome Association on replacement of the failing retaining wall and removal and replacement of the condemned garages residing on the Associations property. The Association contracted with a Design Engineer for the replacement of the wall and garages. City Staff and Engineers from Bolton & Menk and Haugo Geotechnical Services have continually reviewed the project plans in effort to bring the project forward. During this process there were minor questions regarding the design provided, and were further emphasized as we conducted a separate survey of the Design Engineer plans for this project and brought forth Sunram Construction for the completion of the project. Results of the survey work and demolition of the garaged brought forth concerns for the construction of the new wall and garage as follows: 1. The wall design was short approximately 498 square feet of wall space for installation 2. Sub-soils on site were saturated to a point where construction of the walls and garage would have been a major concern. 3. A private sewer line servicing four of the five units crossed the property at a shallow depth and was found and inspected by City staff to be unacceptable for future use through the current project. 4. The ability to construct the proposed wall as designed was found to be unacceptable for the site conditions. 5. Redesign of walls and survey for safety factors for wall construction are addressed. Actions or recommendations to overcome the discrepancies of the design and conditions found: 1. Add the additional square footage of wall required for construction. Approximate cost; 55, Saturated soils and sewer line issues found on site and completed. Approximate cost; 21, Placement of Helical Rod/Tie-backs for structural support of wall. Approximate cost; 211, Redesign of walls and safety factor for wall construction. Approximate; 5, The amount of additional costs at $293, Of this amount the Clearwater Shores Association has an agreed to amend the previous contracts to include an additional $103,000 share of the costs, for a total of $803,000. The City would assume project costs over the $803, amount. Staff continues to review cost savings for this project. The remaining amount to be addressed at this time is $190,176. We recommend that the City amend the project and use PIR Funds to address this additional amount. FUNDING SOURCES/USES & Budget Information: Planning Commission Budgeted Parks and Recreation Board Non Budgeted Safari Island Advisory Board X Amendment Required Other 11

13 CITY OF WACONIA RESOLUTION NO RESOLUTION AUTHORIZING AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES WHEREAS, the Owners of the Clearwater Shores Townhomes previously entered into an Agreement for Imposition of Fees for Improvements to the Housing Units and Common Elements of the Clearwater Shores Townhomes, Waiver of Additional Hearings, Waiver of Notices, Waiver of Objections, Waiver of Veto Powers, Waiver of Appeals, Consent to Amount of Fees to be Imposed as Assessments, and Granting of Temporary Construction Easements dated August 17, 2015 (the Agreement ), and WHEREAS, but for this amendment, the City would seek to void the Agreement for a mutual mistake of a material fact; and WHEREAS, in lieu of the City seeking such remedy, the parties desire to amend the Agreement as described below. NOW, THEREFORE, in consideration of the matters set forth in the above recitals, which are incorporated by reference as terms of this amendment, and for the mutual benefit of the parties hereto, it is agreed that paragraph 5 of the Agreement is amended to read as follows 5. The Improvement Costs, in aggregate, shall not exceed $803,000. NOW, THEREFORE, BE IT RESOLVED That the City Council of the City of Waconia hereby authorizes the Mayor and City Administrator to execute the Amendment to the Agreement for Improvements to Clearwater Shores Townhomes. Adopted by the City Council of the City of Waconia this 7th day of November, Attest: Susan MH Arntz, City Administrator James P. Sanborn, Mayor M/ Ayers Bloudek S/ Carrier Erickson Sanborn 12

14 AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES This amendment is made as of this day of November, 2015, by and between the undersigned, being the owners of all of the residential housing units (townhouses) located within the plat of Clearwater Shores, Carver County (the Owners ), the Clearwater Shores Townhouse Association, a Minnesota nonprofit corporation (the Association ) and the City of Waconia, a Minnesota municipal corporation (the City ). WHEREAS, the above-named parties previously entered into an Agreement for Imposition of Fees for Improvements to the Housing Units and Common Elements of the Clearwater Shores Townhomes, Waiver of Additional Hearings, Waiver of Notices, Waiver of Objections, Waiver of Veto Powers, Waiver of Appeals, Consent to Amount of Fees to be Imposed as Assessments, and Granting of Temporary Construction Easements dated August 17, 2015 (the Agreement ), and WHEREAS, but for this amendment, the City would seek to void the Agreement for a mutual mistake of a material fact; and WHEREAS, in lieu of the City seeking such remedy, the parties desire to amend the Agreement as described below. NOW, THEREFORE, in consideration of the matters set forth in the above recitals, which are incorporated by reference as terms of this amendment, and for the mutual benefit of the parties hereto, it is agreed that paragraph 5 of the Agreement is amended to read as follows 5. The Improvement Costs, in aggregate, shall not exceed $803,000. That as except as herein amended, the Agreement is ratified and confirmed by the parties as to all of its terms, conditions and covenants, and remains in full force and effect. This amendment shall inure to the benefit of and shall be binding upon the above-named parties and their respective successors, heirs and assigns. Further, this amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This amendment is executed by the parties as of the date set forth next to each signature and effective as of the date set forth above. [Signature pages follow.] 1 13

15 SIGNATURE PAGE TO AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES Dated, 2015 W. Frederick Hawkins 422 Lake Street East, Waconia, MN Lots 2 and 9, Block 1, Clearwater Shores 2 14

16 SIGNATURE PAGE TO AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES Dated, 2015 Mark A. Braunwarth Pamela A. Braunwarth 420 Lake Street East, Waconia, MN Lots 1 and 10, Block 1, Clearwater Shores 3 15

17 SIGNATURE PAGE TO AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES Dated, 2015 Berit A. Frames 424 Lake Street East, Waconia, MN Lots 3 and 8, Block 1, Clearwater Shores 4 16

18 SIGNATURE PAGE TO AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES Dated, 2015 Sweeney Properties, LLC By: Shannon Sweeney 426 Lake Street East, Waconia, MN Lots 4 and 7, Block 1, Clearwater Shores 5 17

19 SIGNATURE PAGE TO AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES Dated, 2015 Janis E. Graff 428 Lake Street East, Waconia, MN Lots 5 and 6, Block 1, Clearwater Shores 6 18

20 SIGNATURE PAGE TO AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES Dated, 2015 Clearwater Shores Townhouse Association By: 430 Lake Street East, Waconia, MN Lot 11, Bock 1, Clearwater Shores 7 19

21 SIGNATURE PAGE TO AMENDMENT TO AGREEMENT FOR IMPROVEMENTS TO CLEARWATER SHORES TOWNHOMES Dated, 2015 City of Waconia By: James P. Sanborn, Mayor By: Susan MH Arntz, City Administrator/Clerk 8 20

22 REQUEST FOR CITY COUNCIL ACTION Meeting Date: November 7, 2915 Item Name: Approve Amendment to Service Contract Originating Department: Administration Presented by: Susan Arntz Previous Council Action (if any): Resolution , Approving Equipment Contracts for Copiers with Crabtree Item Type (X only one): Consent Regular Session X Discussion Session RECOMMENDATIONS/COUNCIL ACTION/MOTION REQUESTED (Include motion in proper format.) Adopt Resolution No , Approving Amendment to Equipment Contract for Multifunction Copier with Marco EXPLANATION OF AGENDA ITEM (Include a description of background, benefits, and recommendations.) In 2013, the City took delivery and installation of three new multifunction color copiers/printers/scanners from Crabtree, our then Laserfiche vendor for the equipment at City Hall, Safari Island, and Public Services. This year, Marco purchased Crabtree. We have been working with Marco on the copier at City Hall, as it is not functioning and needs replacement. We have negotiated a new lease for the City Hall copier for an additional $30 per month cost. This will deliver a brand new copier (the current one is two years old) and will give us a new five year lease on this machine. Staff is recommending the amendment to the contract. FINANCIAL IMPLICATIONS: ADVISORY BOARD RECOMMENDATIONS: Funding Sources & Uses: Central Facilities Budget Information: Planning Commission X Budgeted Parks and Recreation Board Non Budgeted Safari Island Advisory Board Amendment Required Other 21

23 CITY OF WACONIA RESOLUTION NO RESOLUTION APPROVING AMEDNMENT TO CONTRACT FOR MULTIFUNCTION DEVICES WHEREAS, The City has budgeted for the lease of multifunction devices in City offices; and WHEREAS, the City has need to replace the device at City Hall; and WHEREAS, the City has negotiated an amendment to the lease that includes a new $30 per month cost and a new replacement device for City Hall. NOW, THEREFORE, BE IT RESOLVED, that, the City Council hereby approves the quote submitted by Marco and authorizes the City Administrator to execute the contract. Adopted by the City Council of the City of Waconia this 7 th, day of November Jim Sanborn, Mayor ATTEST: Susan MH Arntz, City Administration M/ Ayers Bloudek S/ Carrier Erickson Sanborn 22