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111008 CC Reg AgPCITY OF SHOREWOOD 5735 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING SOUTHSHORE CENTER MONDAY, NOVEMBER 10, 2008 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Lizee _ Woodruff Turgeon _ Bailey _ Wellens _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 27, 2008 (Att. -Minutes) B. City Council Regular Meeting Minutes, October 27, 2008 (Att.- Minutes) C. Canvassing Board Meeting Minutes, November 5, 2008 (Att. -Minutes) D. City Council Special Meeting Minutes, November 5, 2008 (Att. -Minutes) 3. 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. Approval of Pay Request #2 for City Hall project in the amount of $122,663 (Att. -pay request) C. Authorize Expenditure of Funds Speed Advisory Trailer (Att. -Director of Public Works' memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS CITY COUNCIL REGULAR MEETING AGENDA -NOVEMBER 10, 2008 PAGE 2 OF 2 8. PLANNING -Report by Representative 9. GENERAL/NEW BUSINESS A. MetroCities Legislative Policies (Att. -Administrator's memorandum) B. Approval of Certification of Delinquent Utility Charges (Att, -Finance Director's memorandum; Resolution) C. Authorize Sale of Tax-Forfeited Land to Adjoining Landowners (Att. -Planning Director's memorandum; Draft Resolution) D. Staff Recognition Awards (Att . -Administrator's memorandum) E, City Requested Special Facilities Surcharge (CRFS) (Att. -Administrator's memorandum) F. Selection of City Attorney (Att. -Administrator's memorandum) G. Southshore Center Lease (Att. -Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS A. Private use of Public Draintile for 5635 Fairway Drive (Att. -Engineer's memorandum) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update B. Mayor & City Council 12. ADJOURN CI'T'Y 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, 10 November, 2008 6:00 PM -Work Session -Enterprise Budgets Agenda Item #3A: Enclosed is the Verified'Claims List for Council approval. Agenda Item #3B: This item is the approval of Pay Request #2 in the amount of $122,633 for the city hall project. Agenda Item #3C: The City of Shorewood currently owns a Speed Awareness Display that is trailer mounted. Unfortunately, the display on the existing unit has failed. Parts for the unit are no longer available, as manufacturers of these units have shifted to LED lighting that has better power performance and visibility. Fortunately, this unit is scheduled for replacement, as part of the 2008 Equipment Replacement Fund within the CIP. Staff is recommending approval of a motion that authorizes the expenditure of funds from the Equipment Replacement Fund for the Speed Awareness Display from Kustom Signals, in the amount $9,609 plus, applicable taxes. Agenda Item #9A: MetroCities and the LMC hold an annual regional meeting for members to review and adopt legislative policies for the upcoming legislative session. This year's meeting is scheduled for November 20 and the Hotel Sofetal in Bloomington. Each city is given one vote on the policies. Agenda Item #9B: The City Council arulually certifies unpaid delinquent utility account charges to Hennepin County, who then places the charges on the property tax statements. The delinquent account holders have an opportunity to appeal to the Council to adjust or remove the certification for their property. Staff has received notice from Mr. Ron Johnson, who wishes to address the Council on the certification of delinquent accounts. After consideration of appeals that may be presented at the meeting, Staff recommends the Council adopt the resolution certifying delinquent utility charges to the 2009 property tax rolls. Agenda Item #9C: Hennepin County has notified the City that a small (3700 square feet) parcel of land located on the west side of Howard's Point Road has been listed as tax- forfeited. The City has the options of: 1) acquire the property for a public purpose; 2) authorize the land to be placed in a public auction; or 3) authorize the property to be auctioned only to adjoining property owners. In this case, staff recommends that the property be auctioned to adjoining property owners, since both adjoining lots are .s ~®~® PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of 10 November, 2008 Page 2 of 2 substandard and would be improved by the addition of the subject parcel. A resolution to that effect is included in your packet for your consideration. Since the Plaiming Director will be participating in his own deer management program in Bemidji, MN, the City Administrator will be presenting this item on Monday night. If you have any questions relative to this matter, please contact the Planning Director on his cell phone prior to Monday night. Agenda Item #9D: A staff committee was assigned to plan and organize the annual employee appreciation dimler. As part of the program, I requested staff consider a years of sezvice recognition and propose an appropriate gift. Council directed staff to go back and revise the plan and bring it back for consideration. The results are presented for consideration tonight. Agenda Item #9E: The council authorized the implementation of a City Requested Special Facilities Surcharge as part of the County Road 19 project. Upon an internal review of the rates provided by Xcel, they found the rates to conflict with their Tariff. This item brings the rates in compliance with the Xcel Tariff. Agenda Item #9F: The Council issued an RFP for legal services the beginning of September. The Council conducted interviews of four firms on Wednesday, November 5, 2008. This item is to consider the selection of a firm to provide legal services to the city. Agenda Item #9G: The member communities that are part of the Southshore Community Center assembled a committee to review the long-term viability of the center and the programming. The Committee met and discussed alternatives with the Friends of the Southshore Center and the result was a proposed amendment to the lease with the Friends. This item is to consider approving the amended lease with the Friends. Agenda Item #IOA: Chris Putnam & Eva Gallagher of 5635 Fairway Drive have petitioned the City of Shorewood to connect to drainage draintile located in the public right-of--way. The draintile would convey sump pump discharge to the storm drain infrastructure. A Resolution and License are included for your consideration. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, OCTOBER 27, 2008 MINUTES CONVENE CITY COUNCIL WORK SESSION 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 6:00 P.M. Mayor Lizee called the meeting to order at 6:05 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgcon, Wellens and Woodruff; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. LEGAL SERVICES RFP Adnurustrator Heck stated per Cot~neil's direction Staff prepared a Request for Proposal (RFP) for legal services. The RFP was d~stributcd to several firms and it was also placed on the League of Minnesota Cities' website. Seven tines submitted proposals. He prepared a summary comparison of information provided in the RFPs submitted. `hhat comparison was included in the meeting packet. After review, he and the department directors recommend Conned consider the following four firms: LaVander Gillen and Miller; Malkerson Gilliland and Martin; Kennedy and Graven; and Campbell and Knutson. Mayor L17CC stated she appreciated all of the work Staff had done on the RFP process. She explained that there are three regular Council meetings and aTruth-In-Taxation meeting scheduled between now and the end of the year. She recommended the incoming council evaluate the RFPs and decide which fine should provide the City with legal services in 2009; Council could focus its energies on other activities for the remainder of 2008. Councilmember Wellens stated he wanted to continue with this process. Councilmember Woodruff stated he wanted to continue with this process. Staff has already invested a considerable amount of time in the RFP process. He commented he appreciated having the comparison of the firms' RFPs. He suggested the list of firms for consideration be reduced to three with Campbell and Knutson be removed from the list. Councilmember Turgeon stated she wanted to continue with this process. If the list of firms for consideration is reduced to three she preferred LaVander Gillen and Miller be removed from the list. She had no issue with interviewing four firms. She had no problem with interviewing the firms on November 5, 2008, after the Canvassing Board meeting. She requested Administrator Heck have the firms submit #2A CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 27, 2008 Page 2 of 4 answers to the RFP questions they did not answer prior to the interview process, and that Heck prepare a list of questions to ask the firms. Councilmember Bailey stated he wanted to continue with the process. There certainly would be sometime between now and when a decision would be made, but it would be worthwhile for Council to get additional information about the firms. Councilmembers Bailey, Turgeon, Wellens and Woodruff wanted to interview the firms on November 5, 2008. There was consensus among them to interview the four firms recommended for consideration. Mayor Lizee stated she thought it was unnecessary to continue with this process. The City received quality legal services from its current legal counsel. She again noted there were only three regular Council meetings scheduled before the end of the year, and she thought it was more appropriate for the incoming council to select the firm. In response to a comment from Councilmember Wellens, Mayor Lizee stated she had conveyed she did not think it was appropriate to consider changing legal rcpi-esentation before year end, because the City had recently hired a new city administrator and -:when there is a possibility to have new council representation in 2009. _ 3. DISCUSSION RE: GOING OUT OF BUSINESS SALE 012DINANCE Administrator Heck stated Councilmember Wellens was contacted by a biisintss owner in the City about the City's ordinance regarding "going out oh business" sales. The business owner thought inventory provisions were cumbersome. Heck questioned why a business owner had to get a license to go out of business, and he questioned if the ordinance was necessary. Director Nielsen stated he assumed fhe ordinance was based on a model ordinance and he surmised it was implemented in response to a rash of `going out of business' sales where businesses never went out of business; they just continued to replenish inventory and lure people in to shop. At that time there was a business in the City that held going out of business sales for well over one year. This issue has not occurred for a number of years. if the issue is signage, the City now has a signage ordinance. A business is only allowed two temporary signs per year per property and it can display each sign for a maximum of ten days. Staff had discussed that this may he a fraudulent activity and it maybe more of a state or county issue. Nielsen requested Council provide Staff with direction regarding how to proceed with the ordinance. He commented the ordinance was onerous for both the business owner and Staff. Staff has to ensure that the business owner does not add to his inventory. Councilmember Wellens suggested the "going out of business" ordinance be eliminated. Councilmember Turgeon stated it was her understanding that the ordinance excludes salvage type businesses, to which Director Nielsen agreed. Turgeon stated there were parts of the ordinance she agreed with. In response to a question from Councilmember Turgeon, Director Nielsen explained if a business owner applied for a permit to have a permanent sign and the sign said "going out of business" there was nothing the City could do about that because the City cannot dictate the wording on the sign. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 27, 2008 Page 3 of 4 Councilmember Woodruff questioned if the City could issue a license with a predetermined time limit (e.g. 90 days) for those situations which would allow signage for that amount of time. Mayor Lizee stated it maybe difficult to have a 90-day limit because the building lease may not be up in that amount of time. Councilmember Bailey questioned what harm there was with a business going out of business for a long time. Councilmember Woodruff stated that type of situation could be perpetrating a fraud. Councilmember Woodruff stated he did not think the City should eliminate the existing ordinance. A business owner could adhere to that strict ordinance if they wanted to. Councilmember Bailey stated he had a great deal of faith in the City s residents to understand that if a business had been claiming to go out of business for a long time and hadn't done so, they should question that business owner's intentions. Director Nielsen stated it was not a zoning matter; it's a business ordinance. The relationship to zoning is because of signage. Mayor Lizee questioned what surrounding communities were doing regarding this matter. Director Nielsen said Staff will research that. 4. CITY OWNED PROPERTY AT 5795 COUNTRY CLUB ROAD Administrator Heck provided a brief history on City-o~~mcd property located at 5795 Country Club Road. The City first acquired this property in June 1986 for X124,000 in anticipation of a potential City Hall project. When the project did not come to fruition the City sold the property in February 1988 for $105,000. In April 2005 the City again purchased the property for $305,000 plus approximately $8,000 in closing costs; the property was purchased to provide for options with regard to the future of City Hall. Heck stated per Council's direction, Sta t~f asked the assessor to conduct an estimated market value of the property. The assessor estimates the ~~aluc at $310,000 - $330,000. Also, per Council's direction Staff contacted the leasing agent to list and find tenants for the City-owned house with the same general terms as the prior leasing agreement. The leasing agent recommended establishing an I8-month lease with a guar~ntce of 9 months and a 60-day termination clause should the City choose to sell the property. He stated the City will secure a drainage easement before the property is placed on the market. He stated the Park Commission does not think the property would be of value as City park land. Heck stated Staff recommends the City secure a tenant for the house because this would not be a good time to put the property on the market. Mayor Lizee stated she thought it was a reasonable recommendation to rent the City-owned house. She asked Engineer Landini how long it would take to secure a drainage easement. Landini stated he could have quotes for surveying services available for the next Council meeting. The legal description of the property will have to be prepared and included with the forms that are filed with Hennepin County. In response to a question from Councilmember Turgeon, Engineer Landini stated the City would secure an approximate 20-foot-wide easement. Councilmember Wellens suggested the lease agreement include an option for the tenant to purchase the property. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 27, 2008 Page 4 of 4 Councilmember Bailey stated he thought the rental recommendation was reasonable, provided it was understood the intent is to sell the property. He agreed the summer of 2009 would be a better time to try and sell the property. Administrator Heck stated he will inform the leasing agent right away of Council's decision. Councilmember Bailey suggested Council reconsider the decision to lease the property if the leasing agent cannot find a tenant within two months. If it took longer then two months, the guaranteed lease time of nine months could cause the City to delay putting the house on the mal-ket until 2010. Therefore, the incoming council may want to reconsider whether or not the City should lease the property. Councilmember Woodruff stated he agrees with Councilmember Bailey. 5. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Councii Work Session 1Vlecting of October 27, 2008, at 6:35 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizec, Mayor ATTEST: Brian Heck, City Administrator/Clerk CITY OF SHOREWOOD 5735 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING SOUTHSHORE CENTER MONDAY, OCTOBER 27, 2008 7:00 P.M. MINUTES L CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens and Woodruff; Attorney Keane; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Turgeon moved, Woodruff seconded, approving the agenda as presented. Mayor Lizee requested Item 9.F be discussed alter Item 4 on the agenda. Residents of the Virginia Lake Woods subdivision were present this evening for that item. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Cite Council «'ork Session Nlinutes, October 13, 2008 Wellens moved, Woodruff seconded, Approving the City Council Work Session Minutes of October 13, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, October 13, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of October 13, 2008, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. She noted under verified claims check #47346 was voided and check #47348 was added for CCS Contracting for the same amount as the voided check. Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. #ZB SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 2 of 16 A. Approval of the Verified Claims List B. Schedule Date of Canvassing Board meeting (This item was moved to Item 9.G under General/New Business.) C. Adopting RESOLUTION NO. 08-070, "A Resolution Vacating Sunset Lane" and RESOLUTION NO. 08-071, "A Resolution Vacating Part of Orchard Lane." D. Adopting RESOLUTION NO. 08-072, "A Resohrtiun Approving the Lake Minnetonka Communications Commission 2009 Bndget." E. Change in Dates for Special Deer Removal Permit for the Minnetonka Country Club Councilmember Woodruff asked Staff to explain how a check was written to the incorrect vendor. Director Burton stated the invoice was submitted under the WSI3 ~ nssociates letterhead because WSB was the reviewing agency for CCS Contracting's invoice, It appeared WSB was the vendor. Councilmember Turgeon asked Director Burton to research «~hat check #47326 to Minnetonka Independent Schoo127 was for and to provide her with that information the following day. Motion passed 5/0. 4. MATTERS FROM THE FLOOR Holli Johander, 27970 Smithtown Road, stated a sidewalk was installed on Smithtown Road on the Victoria side. She th~TZ stated she was present this evening to express her interest in having the sidewalk extended all the way to Country Road 19. She explained she had two small children that would use the extended sidewalk and she had fi-icnds ~~~hose children would also use the extended sidewalk. Discussion moved to ltem 9.F on the agenda. 5. ~ REPORTS AND PRESF,NTATIOi~1S This was discussed after Item 9.F on the agenda. None. 6. PUBLIC HEARING None. 7. PARKS -Report by Representative A. Report on Park Commission Meeting Held October 14, 2008 Commissioner Norman reported on matters considered and actions taken at the October 14, 2008, Park Commission meeting (as detailed in the minutes of that meeting). In response to a question from SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 3 of 16 Councilmember Turgeon, Commissioner Norman explained if the City received the Cynthia Krieg grant to fund the installation of a small rain garden at Freeman Park, the Park Commission has discussed the possibility of installing it on the south side of Eddy Station. Director Brown stated he and Engineer Landini discussed the location after that Park Commission meeting, and he suggested additional locations also be considered for the rain garden. Brown noted the location did not have to be specified in the grant application. In response to another question from Turgeon, Brown explained the grant application could also be written without knowing the exact design of the rain garden. In response to another question from Councilmember Turgeon, Engineer Landini explained there were no funds budgeted in the 2008 Park operating budget to have sent Park Chair Davis to an out-of--town National Association of Parks and Recreation forum. Councilmember ~~~oodruff suggested the Park Commission discuss if Council should consider budgeting funds to possibly allow someone to attend the 2009 forum rather than waiting to budget for it in 2010. B. Tennis Courts Reservation Policy Engineer Landini stated at its October 13, 2008, rn~cting Council discussed the possibility of the City charging a fee for organized sports and activities for tennis in the amount of $5 per court per hour effective for the 2009 tennis season and that the City not charge individual residents for reserving tennis courts. At that meeting Council requested more information regarding the management of reserving park amenities, and he stated he would provide Council the City's Parlc Priority Policy. He noted that Policy was included in the meeting packet. Landini then stated Dan Carlson, an instructor with the United States Teimis Association (USIA) and a Minnetonka Country Club (MCC) Pro, had approached the Park Commission and Community Rec Resources regarding the possibility of reserving Badger Park tennis courts four mornings and two afternoons a week during the summer of 2009. He noted Mr. Carlson was present this evening to discuss his request with Council. Mr. Carlson stated he owned and ran a tennis business called Carlson Tennis at MCC and he wanted to expand that business. His ability to reserve the Badger Park tennis courts for his business would be convenient. IIe explaii~cd the USTA has a program called Tennis Block Parties which the USTA helps fund. He will also try and solicit funding from other businesses in the community for that program. The intent of the Tennis Block Parties is to get more people interested in tennis by providing free tennis lessons to adutts and children. Fle~ would promote the program partially through the school system. He would like to expand the offering of that program to all tennis courts in the City's parks. He indicated he had told the Park Comnssion that he anticipated using the Badger Park tennis courts for 14 hours a week to start to build the program. llis goal is to have 300 children participate in the Tennis Block Parties program at the City-owned tennis courts and MCC combined. He noted there are grant funds available from USTA to help repair the tennis courts. Councilmember Bailey asked Mr. Carlson if his business was afor-profit business or was his intent to get more people interested in the game of tennis. Mr. Carlson stated his Carlson Tennis business was afor- profit business, but he also works with the USIA to promote interest in tennis. Councilmember Woodruff stated the City's Park Priority Policy regarding prioritization of use of amenities focused on organized sports, and he did not understand how the Policy would apply to this request. The request is from afor-profit business which would compete with residents who would like to use the City-owned tennis courts on an ad hoc basis. He stated having read the Policy he still does not SIIOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 4 of 16 know how the use of the courts will be allocated. He requested Council be provided with a more specific plan for prioritizing the use of the courts, limiting the amount of time Carlson Tennis can reserve the courts and identifying who would be eligible to participate in Mr. Carlson's program. Councilmember Turgeon stated she did not understand how the use of the tennis courts would be prioritized based on the City's Policy. She expressed concern that afor-profit business could have a higher priority regarding the use of park amenities than families, churches, schools, etc. Director Brown stated when the City's Policy was written it focused on organized sports. Staff is asking Council if it wants to include for-profit businesses as a priority and if so what priority should it have. Commissioner Norman stated when the request was presented to the Park Commission the Commission did not think it was necessary to write a new policy; the Commission thought the current policy would be sufficient. He noted the policy does address non-athletic facilities, such as shelters, at the City's parks. He stated after the first year of reserving the tennis courts using the current Policy the Commission would assess how the system worked and it would refine the process to address any issues. He noted the Park Commission had asked some of the same questions ~~ouncil asked when it discussed the request with Mr. Carlson. He stated Mr. Carlson had informed the Commission that participants in his program would be a mix of adults and children and they would mainly reside in the City; he based that on the participants at MCC. Mr. Carlson stated he anticipated having a three-week program in the min-nirib in June, July and August with a one week break in between each program. He then stated he could prepare a detailed schedule. Councilmember Bailey stated the program described tivas a broad-based program and on the surface it sounded very good. It's his understanding Counci] wants the Park Commission and Staff to draft something that encourages those types of activities with the possibility of generating some small amount of revenue. He would be uncomfortable if Mr. Carlson was proposing to teach individuallessons on City- owned tennis courts that reserved in advance. He thought the program would be good for the community. Administrator Heck stated it ~~~as his understanding that Council was asking Staff and the Park Commission to incorporate the specifics about prioritizing and reserving the use of the tennis courts by for profit businesses, and to provide more specifics about this proposal. Councilmember Woodruff stated he thought he wanted to say yes to the request, but he was not sure what he would be abreeing to. He commented the proposal from 3rd Lair in 2007 for askate-park program was well defined. Councilmember Bailey stated he wanted a separate category in the City's policy for for-profit businesses. C. Safe Routes to School Grant Application Directions Engineer Landini stated the City received a postcard from Bolten & Menk regarding a grant that is available through the Safe Routes to School (SRTS) program created by the Federal Surface Transportation Act. At its October 14, 2008, meeting the Park Commission discussed the program and directed Staff to prepare an application for the grant for review at its November 18, 2008, meeting. The Commission suggested the grant funds be a used to create a trail from Country Club Road to Eureka Road along Smithtown Road. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 5 of 16 Landini explained that after reviewing the application process Staff determined there are two components to the grant; an infrastructure component and anon-infrastructure component. The maximum grant for infrastructure projects is $175,000 and the maximum grant for non-infrastructure projects is $20,000. There is no stipulation that some amount of the grant would have to be matched by the City. The trail would be an infrastructure project. One idea for the use of non-infrastructure funds is an educational radar speed sign posted in the Minnewashta Elementary School zone. The School Superintendent would have to supply a letter of concurrence for the grant application. Landini then explained that in 2000, Staff evaluated constructing a trail along Smithtown Road and the ownership of land that would be needed to construct a trail along. There are 11 properties on the south side of the road or 12 properties twelve properties on the north side of the road where easements would have to be acquired for this segment of trail. Purchasing or condemnation ftn- easements plus construction costs would exceed the infrastructure grant maximum. Landini stated the Park Commission had recommended Council direct Staff to prepare a grant application for the SRTS Grant. Staff recommends pursuing the non-infrastructure component at this time. Mayor Lizee stated it was nice for Bolten & MenkM1to make the City a~~rare of the SRTS program. The program has been discussed in both Time and Newsweek magazines; on television programs; and she heard US Representative James Oberstar discuss this program on Minnesota Public Radio. She related the Minnetonka School District has discussed changing its policy regarding busing of students. If a student lived within two miles of school the student ~~~ould have to walk or "het a ride to school or pay $100 to be bused to school for a school year. In response to a question from Councilmember Woodruff, Engineer Landini stated the grant application for the non-infrastructure component would have to be fairly specific about what the City proposed doing. Landini noted he had contacted School representatives who informed him they would get back to him by the end of the month «~ifl1 ideas for use of gn-ant funds. Woodruff stated he could support preparing a grant application for the non-infrastnlettu-c component, but when the topic of constructing a trail along Smithtown Road ~a~as discussed a number of years ago it was found to not be feasible because the City does not owl enough right-of-~~~ay. 1~he City would either have to buy the land or take it through eminent domain. Councilmember Turgeon questioned how constructing a trail from County Road 19 to Eureka Road would make a safe route to school. The trail would not go all the way to the School. In response to a question from Councilmember Turgeon, Director Brown stated in order to construct a trail all the way to the School the City would have to require easements from approximately 40 property owners. He then stated the City receives many calls regarding speed issues on Smithtown Road from parents with children attending the School and from the Minnetonka School District. Installing a speed advisory sign by the School would be very beneficial. Councilmember Woodruff suggested one be installed on each side of Smithtown Road. In response to a question from Councilmember Wellens, Engineer Landini stated based on his limited experience in preparing grant applications for the City he estimated it would take ten hours of his time and ten hours of Julie Moore's time. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 6 of 16 Councilmember Wellens questioned if $20,000 in grant funds for .non-infrastructure projects could be used to purchase easements. Mayor Lizee stated based on information on a website that would not be considered anon-infrastructure use. Wellens moved, Bailey seconded, directing Staff to prepare a grant application for the non- infrastructure portion of the Safe Routes to School Grant. Motion passed 5/0. 8. PLANNING Commissioner Ruoff reported on matters considered and actions taken at-the October 21, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). A. Thomson Driveway Setback Variance Applicant: Robert Thomson Location: 5050 Suburban Drive Director Nielsen stated Council discussed the driveway setback variance request of Robert Thomson, 5050 Suburban Drive, at its September 22, 2008, meeting. The variance, request was continued to this meeting to provide Mr. Thomson and Denis and Michelle Ticrncy, 5060 Suburban Drive, additional time to reach agreement on an easement and maintenance agreement Cor their shared driveway. Nielsen explained Mr. Thomson's property is a "flag lot". It's approximately'15 feet wide where it abuts Suburban Drive and for approximately 200 feet back onto the lot; the lot then widens. It was originally thought that the narrow part of the lot was 16 feet wide. The drive«~ay currently serving Mr. Thomson's house also serves the Tierneys' property. It straddles the property line between the two lots with more of the driveway being on Mr. Thomson's property in some places. Mr. Thomson has requested a driveway setback variance so he can have a driveway constructed entirely on his lot. The City has a five foot setback requirement for driveways. Nielsen then explained Mr. Thomson proposed constructing a 10-foot-wide driveway. Staff recommended the driveway be a minimwn of 12 feet wide and that it be paved for at least the narrow portion of the property. A 12-foot-wide driveway would only allow a setback of two feet or less on each side of the driveway. Nielsen went on to explain the Tiemeys would have to construct their own driveway at great expense to them if the shared driveway was eliminated. He related the Tierneys had stated they would have to bring in a tremendous amoLmt of fill to level out the north end of their property so they could construct a driveway there, and the additional fill would necessitate taking down a number of trees, The Tierneys think the additional fill would likely have a negative impact on drainage in the bowl-shaped area of their property; the bowl-shaped area fills up with storm water after a heavy rain. Nielsen stated Staff met with Mr. Thomson and the Tierneys on October 9, 2008, to try and determine if there was any common ground for resolving the driveway issue. Both parties indicated they appreciated the City's efforts, but Mr. Thomson decided to continue with his variance request. Nielsen explained the 120 review period for Mr. Thomson's application will expire before the next scheduled Council meeting; therefore, Council must take action at this meeting. Staff has prepared two draft resolutions with the same findings of fact. One resolution grants the driveway setback variance with conditions and the other denies the setback variance. One of the conditions is the driveway could not be SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 7 of 16 any closer than two feet from the property line on the south which would result in it being one foot from the property line on the north in some places. Nielsen stated Mr. Thomson is not present this evening and he was aware Council would take action of the request. He noted the Tierneys were present. Councilmember Bailey stated his position is the same as it was when this request was discussed the last time; this would not be a good use of the Council's variance authority. He then stated he assumed the Tierneys are still willing to grant a permanent easement for the shared driveway. Bailey moved, Woodruff seconded, denying the setback variance. Councilmember Woodruff questioned where plowed snow would be placed i1 there was atwo-foot or less easement on each side of the driveway. Other variances have been denied for that reason; therefore, he did not think the variance should be granted. Councilmember Wellens stated he had sent an email to Staff duestioning if the City could be found liable for denying just and reasonable use of a property. Attorney Keane stated he understood Wellens to be questioning if the City is at risk denying the variance request because the applicant has an entitlement to this variance. Wellens stated the applicant may not be able to sell his property if he does not have a private driveway. Keane stated the standards and criteria for granting a variance under Minnesota law are fairly evenly applied throughout municipalities. The City's findings for granting a variance track well with the statutory findings. The basic requirement is establishing a hardship; a hardship is when a property owner cannot put their property to reasonable use without a variance. Council is accorded great latitude with reaching a conclusion of finding or not finding hardship. "The applicant's property has been put to reasonable use. The shared driveway is well established. He did not think there is a risk to the City in not finding a hardship. Motion passed 5/0. Attorney Keane suggested Council adopt the resolution included in the meeting packet. Bailey moved, Woodruff secoudcd, Adopting RESOLUTION NO. 08-073, "A Resolution Denying a Setback Variance for Robert T}u~mson, SOSO Suburban Drive." Motion passed 5/0. B. TTM Corporation C.U.P. Applicant: TTM Corporation, Inc. Location: 5500 Old Market Road Director Nielsen stated the applicant has asked to have this matter continued for 30 days. There have been some modifications to the request. Nielsen described the request that was submitted. He stated Telecom Transport Management, Inc. (TTM) has applied for a conditional use permit to locate telecommunications facilities at 5500 Old Market Road. The property is the site of the City's SE Area Water Tower. TTM proposed erecting three telecommunications dish-style antennas into the rail system at the top of the Tower. Two of the antennas would be two-foot in diameter and one would be one-foot in diameter. The proposed antennas would be microwave antennas and, if approved, would be the first allowed on either of the City's water towers. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 8 of 16 The purpose of this type of antenna is to boost the transmission capacity between telecommunications provider's towers. The control panel for the array is less then four feet wide and less than two feet deep. Nielsen stated the request does require a conditional use permit (C.U.P.) under the City's Ordinance. Nielsen stated Staff recommends the request be continued to the November 24, 2008, Council meeting. The City will send out a notice with regard to the 60-day-review process rule because the request will take longer than 60 days. Debra Weiss, representing the applicant, explained TTM has applied for and received a Utility Niche Permit from the State of Minnesota. TTM provides utility services wirelessly. Most of the TTM sites have one or two antennas and the technology uses line of sight for transmission. There are line-of--sight issues for two of the three proposed antennas; therefore, the request will be modified to propose one antenna two feet in diameter and the panel will be modified. In response to a question from Councilmember Bailey, Ms. Weiss explained the antenna transfers data to the main switch. The technology is similar to a T-1 line but it comn,«nicates wirelessly in a line sight. The technology can be placed between two telecommunications carriers because its technology is small in size. TTM transmits data for telecommunications carriers. Woodruff moved, Turgeon seconded, continuing the request for a conditional use permit for Telecom Transport Management, Inc. to locate telecommunications facilities at 5500 Old Market Road on the Southeast Area Water Tower to the November 24, 2008, City Council regular meeting. Motion passed 5/0. Councilmember Woodruff stated the City's Ordinance focuses on the number of antennas and pricing for locating the antennas on City towers. There is no provision for charging for related equipment located on the ground nor is there any control over the amount of ground space used. He recommended the Ordinance be modified to address ground space. He stated that modification did not have to be completed before the November 24"' meeting, In response to a question from Councilmember Bailey, Director Nielsen explained the City's pricing policy is a fixed rate for a fixed number of antennas plus additional charges for more antennas. The City does' not charge for associated ground facilities. Bailey questioned if the City could charge for ground space, Nielsen stated the City could do that, but the value in the rental operation to telecommunications companies is in vertical space. Nielsen explained the telecommunications equipment has gotten much smaller over the years. He commented TTM has very small equipment. Bailey questioned if the City could put all of its space out for bid and rent it to the highest bidder. Nielsen commented the City's Ordinance requires telecommunication carriers to co-locate. C. Comp Plan Deadline Extension Director Nielsen stated Staff is requesting an extension of the December 3l, 2008, deadline for submitting the City's Comprehensive Plan (Comp Plan) Update. Staff was originally going to request a 2 - 2.5 month extension from the Metropolitan Council (Met Council), but Met Council representatives suggested the City request an extension to May 29, 2009, which is the longest extension Met Council staff can grant on an administrative basis. It's still Staff's goal to submit the update by mid-to-late February 2009. He explained the biggest reason for the request was his underestimating the scope of effort to do the update. It's a fairly minor update for the City's changes, but there are Met Council SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 9 of 16 requirements that require additional mapping. He noted a number of Planning Commission meetings that had been canceled, and the Planning Commission chose not to reschedule its meeting scheduled for general election day. Turgeon moved, Bailey seconded, Adopting RESOLUTION NO. 08-075, "A Resolution Requesting Additional Time within which to Complete Comprehensive Plan `Decennial' Review Obligations." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Annual Appreciation Event Administrator Heck stated a committee has been working on planning the 200b employee and volunteer appreciation dinner. The committee is suggesting the Minnetonka Cquntry Club as the location for the event and a tentative date of December 5"' has been set. The invitation list this year includes regular part- time staff and guests. Heck stated the committee is also suggesting reinstating the past practice of awarding `gifts" for years of service starting at 10 years and then every five years thereafter. `hhc recommended gifts are as follows. Years of Service Hours Off Granted Monetary "Gift" Framed Certificate 10 10 Yes 15 15 Yes 20 20 X50 gift card Yes 25 25 Yes 30 30 `675 gift card Yes 35 35 Yes 40 ~0 $100 gift card Yes Heck stated he recommends Coancil approve holding the staff and volunteer appreciation dinner on December 5, 2008, and approve awarding staff for years of service with the "gifts" discussed above. Councihncmber Woodruff suggested an employee receive a $25 gift card for 5 years of service. He also suggested the hours off granted be adjusted to 8-hour increments because it would be easier to administer. I~or 10~ and 15 years of service an employee would get eight hours off; for 20 and 25 years of service an employee would get ] 6 hours off; for 30 and 35 years of service an employee would get 24 hours off; and for 40 years of service an employee would get 40 hours off. In response to a question from Councilmember Bailey, Administrator Heck stated the City does not currently award time off for years of service. Bailey questioned if award time off for years of service was typical. Heck stated it was somewhat unique. He thought it was a meaningful reward because people value time off. Mayor Lizee stated she thought the time-off award would be more meaningful to employees because it was the employees who came up with the idea. She attended part of a staff meeting and she observed that time off was a motivator. She then stated the City has excellent and dedicated employees. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 10 of 16 Councilmember Bailey stated he was not questioning the appreciating dinner or the gift cards. He thought granting time off for years of service would be too expensive. If awarding time off for years of service was common he would not have such an issue with it. Councilmember Wellens stated he thought awarding time off for years of service was extremely lavish. Employees will have an opportunity to receive a merit based salary increase in addition to a cost-of- living increase in 2009. He recommended the time-off award be eliminated. He was in support of having an appreciation dinner and the monetary awards. Councilmember Turgeon stated she was not in support of awarding time off for years of service and that should be eliminated. She suggested there be a gift-card award for 5, 10, 15, 20, 25, 30, 35 and 40 years of service. She suggested Staff revise the service award proposal and bring it back to Council for consideration. Woodruff moved, Turgeon seconded, approving holding a Staff and volunteer appreciation event on December 5, 2008, and directing staff to revise the ~~ear-of-service award proposal. Motion passed 5/0. Administrator Heck recapped the direction he thought he received with regard to the service award proposal. The time-off awards would be eliminated and a monetary gift will be added for all five-years- of-service increments and the amounts adjusted. B. City Administrator Performance Assessauent Administrator Heck stated prior to his assuming his position with the City, Council worked with Staff to develop a performance evaluation form for the city administrator position. Before the form was finalized Council requested the new city administrator (him) be provided an opportunity to review the form and recommend changes he thought appropriate, and to rcconunend an assessment process for the Council to use. Heck explained there are generally five main areas covered in performance evaluations. They are technical ability, attitude and behavior, social skills, task completion and quality of work. Most organizations include one or more of those categories in an evaluation form, The draft city administrator evaluation farm consists of eight sections and most of the sections address general attributes. He stated he would be comfortable using the draft form for his first evaluation. He recommended a section titled `Personal and Professional Growth and Development' and a section titled `Peer/Business Partner Review' be included. He stated the meeting packet included his suggested forms for the two additional sections. Heck recommended the following process for his performance evaluation. Each Councilmember should complete the revised evaluation, Each department director should have the opportunity to complete the evaluation form. All completed forms should be forwarded to a to-be-selected Councilmember for compilation. The compiled information will be discussed with him in an executive session with all Councilmembers present. Councilmember Woodruff suggested in the Peer/Business Partner Review section the statements "Efforts made to meet the needs and expectations" be changed to "Accomplishments and opportunities for improvement". SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 11 of 16 Councilmember Turgeon suggested the gridlines in the overall section rating be removed. She clarified there is only one overall rating per section. There was discussion regarding the timetable for Administrator Heck's review. The following timetable was agreed to. Administrator Heck will make the suggested modifications to the form and provide Council the revised form no later than November 10, 2008. Council will meet prior to the November 24~'' regular Council meeting in executive session to discuss the evaluations they each completed and the peer/business evaluations that were submitted and determine a composite overall ranking for each of the sections. At that session, Council will decide who will compile the information for the formal evaluation. Heck will receive his performance evaluation during a Council executive session held prior to the December 8, 2008, regular Council meeting; the full Council will participate in that session. Mayor Lizee stated all the evaluations will be placed in Administrator Heck's personnel file. Councilmember Woodruff stated in order to ensure the people doing the peer evaluations don't feel any threat of retribution they submit their reviews anonymously. Those reviews should not be hand written. He requested those individuals be given an electronic copy of the form. Councilmember Bailey questioned if only Administrator Heck's direct reports would do a peer evaluation. Mayor Lizee suggested his direct reports anal the-City Attorney. C. 2009 Salary Plan Administrator Heck stated during 2009 General Fund budget discussions Council requested he prepare a recommendation for ~a pay-for-performance salary increase plan for non-union employees. He noted the 2009 budget anticipates three percent for acost-of-living increase and an additional $30,000 for possible merit increases. Heck reviewed his recommendations which were as follows. 1. Provide for a three percent salary increase effective January 1, 2009, for non-union employees. The cost of the increase, including PERA and FICA, would be approximately $28,000. 2. Provide for merit increases where appropriate based on employee performance evaluations. 7~hc evaluations will be conducted using the existing evaluation method with a new section on goals and expectations added. The total potential cost for merit increases is approximately $29,000 and will be allocated to departments as follows: Administration - $7,756; Planning/Inspections - $8,356; Finance - $5,222; and Public Works/Engineering - $7,795. Heck explained the allocations were based on each department's current portion of the total non-union salary base and the maximum merit increase allowed (including PERA and FICA). He stated he anticipated there would be unused merit pool funds after pay-for-performance increases were given and he recommended the unused funds be used to train department directors on performance evaluations. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 12 of 16 Councilmember Woodruff stated Council has not agreed to what the merit pool should be, noting the $30,000 allocated in the draft 2009 General Fund budget is a placeholder. It was his recollection that the non-union salary base is approximately $ I.2 million, and two percent of that base would be approximately $26,000. The 2008 merit pool was $20,000. He suggested the merit pool be determined based on a fixed percent of the non-union salary base. He stated he thought performance evaluation training for his direct reports was very important; therefore, he recommended the cost for that training be a separate line item. He then suggested the total combined cost-of-living increase and merit increase amount not exceed five percent of the 2008 non-union salary base, including minimum salary range adjustments. Councilmember Bailey commented that in the private sector some increases were in the two percent range. Councilmember Wellens suggested the merit pool be two percent of tae 2008 total non-union salary base and that performance evaluation training be funded out of that merit pool. There was Council consensus to calculate the merit pool based on two percent of the 2009 total non- union salary base and performance evaluation training would be funded out of the merit pool. D. Comparative Communities Administrator Heck stated it is common practice to compare with other communities to arrive at salaries, benefits, etc. The primary characteristic considered when selecting a city Cor comparison is population size, followed by location relative to the city and tax capacity. IIe explained 17 communities with populations the size of 3,367 25,065 were included in the market analysis for wages and salaries conducted in 2006/2007. He does not think cities with populations well over 10,000 (e.g. Chanhassen, Hopkins, Prior Lake, Savage and White Bear Lake) are comparable to Shorewood. He thought better comparisons are corramunities in the metropolitan area ~~~ith populations the size of 4,000 - 10,500. The communities he proposed to include are Arden Hills, Deephaven, Lake Elmo, Little Canada, Hugo, Minnetrista, Mound, Orono, Spring Lake Park. St. Anthony Village, Victoria, Waconia and Wayzata. Those communities in the area provide Cor an excellent mix. He thought Deephaven should remain in the mix because it borders Shorewood. He stated when Hugo, Lake Elmo, Minnetrista, Victoria and Waeonia populations grow to exceed 10,500 he recommended they be removed from the list. Councilmember Wellens stated he thought comparing to 13 cities was too many. Administrator Heck stated it was relatively easy to gather the data; therefore, he recommended keeping the list the way he recommended. E. Residential Survey Administrator Heck stated prior to assuming his position, then Acting Administrator Brown gathered information about conducting aCity-wide survey for Council to review. Brown also requested a proposal from Decision Resources, LTD. Council decided to delay conducting a survey until a new City Administrator was hired. He explained he has met with each Councilmember to discuss what they hoped to achieve from aCity-wide survey. Each Councilmember stated they wanted a survey that provided tangible information. Heck then stated from his vantage point having a firm such as Decision Resources conduct a professional analysis may be more than is necessary. Staff had briefly talked about conducting a survey using one of SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 13 of 16 the existing Internet survey services for roads, park and open space, recreation, City communications and general customer service related issues. If the City subscribed to an Internet service, it could target its survey and it could conduct multiple surveys. A questionnaire could be included with residents' utility bills, a survey could be posted on the City's web site, a survey could be distributed in print and the data from the survey entered into a computer, etc. Generally people who have an issue with a particular item have a greater tendency to return a survey on that topic. Heck went on to state he learned of a "visioning" process for the South Lake Minnetonka Area beginning in March 2001 and the final report being accepted by Council in April 2003. That process included focus groups, individual interviews, workshops, in-home interviews and an Internet survey. There were items included in that survey that Council has expressed interest in knowinti about. He noted this evening he provided Council with a copy of the report, and he thought it may ans«Ter some of the questions Council has. He suggested Council review that document before any decisions are made about moving forward with a survey. Councilmember Woodruff stated there are residents, in particular senior citizens, who do not have access to the Internet. That must be taken into consideration when selecting a method for conducting the survey. He suggested this topic be deferred for further discussion until 2009 when the incoming council is place. Councilmembers Turgeon and Wellens concurred. F. Street Light Request -Virginia Cove/Smithtown Road Intersection This item was discussed after Item 4 on the agenda Director Nielsen stated at its October 13, 2008, meeting the Council was presented with a petition from a property owner in the Lark Virginia Woods subdivision for a street light at the intersection of Virginia Cove and Smithtown Road. He explained the petition complies with the City's street light policy with regard to intersections; it cites vehicular and pedestrian safety as the reason for the proposed light. All property owners within 500 feet of the intersection were notified that Council would consider this request at its October 13 2008. meeting. Iie noted the City had not received any correspondence opposing the street light location. Ile stated at the October 13°i meeting Council asked Staff to research how many property owners were making the request. He explained all of the residents living in the subdivision have petitioned for the light, noting there are four houses currently occupied. Nielsen then stated Staff recommends approval of the light. A resident from the Lake Virginia Woods subdivision stated another resident moved into the subdivision after the petition was submitted and that resident was in favor of installing a light. That same resident also stated they were in support of installing a walking path along Smithtown Road, Another resident thanked Council for considering this item. Turgeon moved, Bailey seconded, approving the installation of a street light at the intersection of Virginia Cove and Smithtown Road. Motion passed 5/0. Discussion returned to Item 5 on the agenda. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 14 of 16 G. Schedule Date of Canvassing Board meeting This item was removed from the consent agenda at Mayor Lizee's request. Mayor Lizee stated it's proposed that the Canvassing Board meet on November 5, 2008, begin at 6:15 P.M. She suggested the meeting be held immediately after the close of the regular work day. She explained Deputy Clerk Panchyshyn will have had a very long day on Election Day and she would like Panchyshyn to be able to go home as soon as possible on November 5th. She noted both Panchyshyn and Administrator Heck have to be present at the meeting, She also noted the Canvassing Board had seven days to canvass the results of the election, Councilmember Turgeon stated she still wanted to interview legal firms after that meeting, Mayor Lizee noted that she has prior commitments the evening of November 5°i and she will not be able to participate in the interview process. There was consensus for the interview process to begin at 5:30 P,M. Turgeon moved, Wellens seconding, scheduling the time and date for the Canvassing Board meeting for 5:00 P.M. on November 5, 2008. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Fwids for :Easement at 24295 Wood Drive Engineer Landini stated the storm sewer pipe at 2295 Wood Drive is in need of replacement. He explained when the property was platted in the 1950's an easement was not obtained over the pipe. The property owner is in verbal agreement Yo grant the City a Drainage and Utility Easement over the pipe. The City requested aquotes from three survey firms to delineate an easement and provide the legal description for an easement to cover the pipe. Quotes were received from Bolton &Menk - $900, WSB & Associates -quoted $910, and Suede Lund Surveying - $1500. Quotes have been requested from contractors to replace the pipe and ~ti~ill be presented to Council at a later date. Landini then stated the 200 City 1ngineer Support Services Operating Budget has allocated $5,000 for contractual scwices. Staff requests authorization to enter into contract with Bolton and Menk to perform those services for an amount not to exceed $1,500. Woodruff moved, Turgeon seconded, approving the expenditure of funds out of the 2008 City Engineer Support Services Operating Budget to contract with Bolton and Menk for services to delineate an easement and provide the legal description for an easement to cover an existing storm sewer pipe for an amount not to exceed $1,500. Motion passed 5/0. B. Accepting Low Quote and Awarding Contract to Successful Low Quoter, City Project 08-01 Engineer Landini stated the meeting packet contained the Estimate Tabulation for the Building Demolition portion of the 2008 Woodhaven Well Demolition Project, noting the quotes were opened and tabulated on October 22, 2008. He explained the specifications were sent to five contractors, inviting them to quote on the project. The City received quotes from three of those contractors. The low quote from Veit Companies in the amount of $5,383. The 2008 Water Enterprise Budget has $18,000 allocated SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 15 of 16 to complete the demolition, and $12,490 has already been used to abandon the well. The total cost of the project will be $17,873. Turgeon moved, Woodruff seconded, Adopting RESOLUTION NO. 08-076, "A Resolution Accepting Quotes and Awarding Contract for Building Demolition Portion of the 2008 Woodhaven Well Demolition Project." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update Administrator Heck provided an update on the City Hall renovation project. The foundation and block walls are in place for the addition. The floor trusses have been delivered, Drain the work has been completed on the south end of the building, and has been started on the north end. The intent is to have the walls up around the outside of the south end Qf the building by the end of October. hiternal and external drain the have to be installed on the slab on the north end along with sand and a concrete floor. Work has been started on removing siding on the existing building. Other Staff Reports Administrator Heck stated he met with Excelsior City Manager Krueger and Tonka Bay Administrator Loftus to begin discussions about the possibility of sharing services. Councilmember Woodruff questioned if Excelsior has decided what to do about its City Halh Administrator Heck stated it is his understanding that minimal remodeling will be done. Director Brown provided an update on the SE Area Water Tower rehabilitation. Work on interior and exterior blasting has been started, noting the windy weather has slowed the exterior blasting progress. The contractor verbally requested authorization to work on Sundays, to which he was told no verbally. It is likely the contractor will make a verbal request to the City. He explained after the interior has been coated it will take approximately 3 4 weeks to cure. He stated there are three crews working on the project, and the project consumes a great deal of inspection time and time to monitor progress. He noted the intent is to paint the exterior the same color as it is currently painted (Tear Drop Blue). There was consensus to keep the color the same, B. Mayor & City Council Mayor Lizee stated from 10: A.M. -Noon on November 15, 2008, the Excelsior Fire Department, the South Lake Minnetonka Police Department and the South Tonka League of Women Voters are hosting an Emergency Preparedness Seminar for residents. The forum is free of charge and residents are asked to register at rureacly~a,mchsi.com. People will learn the role of citizens, fire and police departments in the event of an area wide disaster. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 16 of 16 12. ADJOURN Woodruff moved, Wellens seconded, Adjourning the City Council Regular Meeting of October 27, 2008, at 9:05 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine LiLee, 1~Iayor Brian Heck, City Administrator/Clerk CITY OF SHOREWOOD CANVASSING BOARD MEETING WEDNESDAY, NOVEMBER 5, 2008 1. CALL TO ORDER 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 5:00 P.M. MINUTES Chair Lizee called the meeting to order at 5:05 P.M. A. Roll Call Present: Chair Lizee; Canvassing Board Members "hur,~~eon, Woodruff, Wellens, and Bailey (5:05 p.m. arrival); City AdministratorlClerl: Heck, Deputy Clerk Panchyshyn Others Present: Scott Zerby (5:05 p.m. arrival) Absent: None B. Review Agenda Chair Lizee reviewed the Agenda. There were no changes to the Agenda a~ sl~hmitted. 2. CANVASS OF ELECTION A. Consideration of a Motion to Adopt a Resolution Approving the Local Election Results from the. General Election of Tuesday, November 4, 2008. The Canvassing Board reviewed a "Resolution Accepting Local Election Results" for the local election held Tuesday, November 4, 2008, as presented by the Election Judges of all five Shorewood precincts. Wellens moved, ~~'oodrufl' seconded, to adopt Resolution No. 08-077 "a Resolution Accepting Local Results of the 2008 General l~~lection". :~~Iotion passed 4/0. Board Member Bailey arrived at 5:05 p.m: 3. ADJOC~IZNMENT Wellens moved, ~~'oodruff seconded, to adjourn the Canvassing Board for the 2008 General Election at 5:05 p.m., «'ednesday, November 5, 2008. Motion passed 5/0. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk #Zc CITY OF SHOREWOOD SPECIAL COUNCIL MEETING WEDNESDAY, NOVEMBER 5, 2008 MINUTES 1. CALL TO ORDER Mayor Lizee called the meeting to order at 5:30 p.m. A. Roll Call 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 5:30 P.M. Present: Mayor Lizee; Councilmembers Turgeon, Woodru C[; Wellens, and Bailey; City Administrator/Clerk Heck Others Present: Scott Zerby 2. INTERVIEW OF ATTORNEY FIRMS The Council interviewed four firms for consideration as the City nttorney. The firms in order of appearance were: A. Campbell Knutson-represented by Andrea Poehler and Tom Scott B. LaVander, Gillen, and Miller - represented by Jay Karlovicll acid Tim Kunz C. Kennedy and Graven -represented by Mary "hietjcn and Melissa Manderschide D, Malkerson, Gilliland, and Martin -represented by Tun Keane and Howard Rosten The Council discussed the presentations and responses to the questions following the last candidate. Consensus of the Council ~~~as to direct staff to place the item on the regular meeting agenda for the Monday, November 10 Council meeting. with the recommendation to offer the job of City Attorney to Kennedy and Graven. 3. AD.TOURN Wellens moved, Woodruff seconded, to adjourn the November 5, 2008, Special Meeting of the Shorewood City Council at 9:45 p.m. Motion passed 5/0. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk #2D PAYABLES APPROVALS For 11/10/2008 Council Meeting 4 /... 6 Prepared by: ~ ,.~ r Date: Michelle T. Nguyen, Sr. Accounting Clerk ~ ~~~ ~ r~-_~ Date: fi ~ ~~ Reviewed by: ~ Bonnie Burton, Finance Director ;~ ~"~, Approved by: __ ~ Date: f~ ~'` Brian Heck, City Administrator ~~ sr s A PAYROLL APPROVALS For 11/10/2008 Council Meeting ,~ f ~,. Prepared by: ~ ,~ Date: Michelle T. Nguyen, Sr. Accounting Clerk '~ ~- d . I f b Reviewed by: ~ Date: ~, ~ t Bonnie Burton, Finance Director ~,.._~ ~, / - ~ ~ Approved by: ~ ~ Date: r~ ~i. ~~`~-~= Brian. 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N~ 0 0 0 0 0 0 0 0 0 0 o r~ 0 0 0 0 0 0 0 o o N o o U ooooo ~ooooo0000o c•->oo N ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0_ d~ W O O O~ O~ r N N COQ } c~ f ~ ~ rn U' O ~ o w % O p ~ 4 ¢ ~ 0¢ ~ 0 0 0 0 0 0 0 0 M ~ J O Ef3 ~ W Q w ~ O W Q c~n ~ U OW a a- W O O O O o O 0 O J Q ~ J O O O O ~ O O ~ _ ~ 1.(J L(~ 1` ~ ~ z ~ ~ H} N W O - U Y ~ Y ~ O ~ ~ O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O (n ~ O O O O O O O 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 00 0 0 0 0 0 0 0 0 0 0 0 0 oc~ o ~ 0 ~ ~ icy u~ o O Q - r- ~ o D w U ~ r `fr ~~ as a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d- O~~ 0 0 0 0 ~ M O W J W 0 0 0 0 0 0 0 0 0 0 ~ O O O O 'd O~ M ~t d' O O O) (~ d C7 O O d' C J i~ ~ O O O N N - c0 - ~ ~ O ~ c~ c~ t~ M c0 I~ ~ ~- N r N O c*~ cri N d' f~ V ` d' 7 O ch U W Q c- N O N .-- O I _ ~ E!} fA U N N Y ~1 ~ Y ~, m o - F- F- ~' O O C Y ~, CV a.+ > ~ O ~ O ~ ~ O cn ~ ~ N t4 Ql w u. O O o LL. -p m ~' v m m U ~ c CD ~ ~ Q °-~ •c m -o m n. U °~ ~ ~ ~ - ' -~ C ~ U f4 ~ p ~ RS ~ C Q ?j C C C ~ o~ u, ~ m o m ~ a Q ro C ~ U ~ ~ o ~_ U Q ~ ~ a ~ ~ C`? > E ~~ m ~~ ~ E L ~ O ~ N ~> O O ~_ ~' ~ 'L U7 O ~ ~ C ~ ~ N J io C ~ ~_ O U ~ ~ ~ m ~ (~ ~ C C1~ ~ ~ 'C (6 ~ .U m -6 U~ i N U C U N C Wo Q I`Iy~' 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 Brian Heck, City Administrator FROM: Larry Brown, Director of Public Works DATE: November 6, 2008 RE: Authorization for Expenditure of Funds -Speed Awareness Display The City of Shorewood currently owns a Speed Awareness Display that is trailer mounted. Unfortunately, the display on the existing unit has failed. Parts for the unit are no longer available, as manufacturers of these units have shifted to LED lighting that has better power performance and visibility. The last time this unit was repaired, Public Works personnel were able to find used parts to perform the repairs on the display. Even used parts are no longer available for this unit. Fortunately, this unit is scheduled for replacement, as part of the 2008 Equipment Replacement Fund within the CIP. Staff solicited quotes from various vendors. Two quotes were received, as shown in Table 1 below. Attachment 1 is a product cut sheet and quote from the low vendor. The. units quoted were very similar to each other. Vendor Quote Kustom Signals, Inc. $ 9,609.00 Decatur Electronics $ 13,425.00 Table 1 The quotes above do not include tax. The representative from Kustom Signals indicated that the shipping costs are estimated, as their carrier will lock in the pricing once an order has been placed. Recommendation Staff is recommending approval of a motion that authorizes the expenditure of funds from the Equipment Replacement Fund for the Speed Awareness Display from Kustom Signals, as outlined in this memorandum. ss ~®a0 PRINTED ON RECYCLED PAPER # 3('. ~~ ~ ;~~ *i,~•~'" ~, ~ :' r ~,~., z a. ~. ~ :v ~>,. `~;`~"'~r YQUR SP s~' ~= ~: ~N ";, - r ~ ,. r ~~ _. ~ "**° Vii. ~~. k,.. ~, SP'IART 850+ SMART 850+: Features • 18" Full ~3raphic ~hara~+.eY Displa'i • Iv1UTG'D canforniing Speed Liniit(R2-1) Sign * R~axirnum Visihility - Viearable up tG 125G' * Traffic fvtanagement.Arrows * Flashing Digit ~4~iGlator fs.lert ~ Single Gycle on(~~ff Timer it True DSP Dire~tiGnal Approach C'nly RADAR Target Reporting • Direttion.31 Radar Unit Integra±ed in Sign - blot Exposed to the Eleriient5 ~ La Y~~e StG r•3ge BGx i FGId DGS~n Display for Transport ~ "Traffic CGUnt." Statistics Package '~ Red LED "SLOW 6oVdl9" ViGlatar Alert • LED "RedJBlues" Bar ~fiGlatGr Alert ~ 2 Year tirl+arranty Display • 13" full graphic char.3~ters ~ Flashing Digit's+iolator Aler+. • Traffir_ Managernent Arro~,o Patterns ~ LG~n~ Speed ,+ High Speed r_ut oft ~ Dark "Data„ made ~ 3/15" thick tinted, nGn-glare GE Lexan~~ Options ~ Trailer CG~1er ~ LGCking Lug bouts • Spare Tire W.it • 50Vd SGlar ~ AdditiGnal Batteries ATTACHMENT 1 Cut Sheet and Quote ~kccccccc KY>:TOM SIGNALS, INC A SUBSIDIARY OF PUBLIC SAFETY EQUIPMENT, INC 9326 Pflumm, Lenexa KS 662163347 97392-1400 Fax 91392.1703 sales~kustomsignds.com www.kustomsiynsis.com Date 11/05/2008 To... LARRY BROWN SHOREWOOD POLICE DEPT 903 W JEFFERSON ST SHOREWOOD IL 60431-9704 Quotation Quote # 42295098254205 Terms Net 30 This Quote Expires on 02/03/2009 Phone 815-725-1460 Fax 815-725-9413 Qty Product Description 1 SMART 850+ (18" FOLD-DOWN DISP) INCLUDES DRU, CONFRMNG SPD LIMIT SGNS, PWDR COAT FN5H, STORAGE BX, 3 LVLNG JACKS, STL WHLS, DOT REG LIGHTS/SIDE MRKR,I2V DC BATT W CHGR, "SLOW DOWN" & RED/BLUE LITEBAR VIOLATER ALT, & TRAFFIC STAT COMPUTER PKG 1 LOCKING LUG NUTS (SET OF TWO) 1 SOLAR PANEL, 50 WATT (750, 800, 850+ ONLY) 1 SPARE TIRE/WHEEL KIT SHIPPING ESTIMATED BETWEEN $800 AND $1100 UnitPrice SubTotai $7,395.00 $7,395.00 $33.00 $33.00 $885.00 $885.00 $196.00 $196.00 Total Signature 4~ * Applicable Sales Tax Not Included Toll Free 800-4KUSTOM (800-458-7866) $8,509.00 ~~ (ITY 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: Brian Heck, City Administrator -- ~ ~ r,~ "~ f C DATE: October 31, 2008 ---- "` SUBJECT: MetroCities Legislative Policies The MetroCities /League of Minnesota Cities regional meeting is scheduled for Thursday, November 20 at the Hotel Sofetal in Bloomington. As part of the meeting, member cities are asked to vote on the adoption of the various policy statements. These policies are developed over the summer by committees of elected and appointed city officials. Council member Woodruff served on the Municipal Revenue and Taxation committee and the Transportation and General Government committee. Action Needed: endorse the Legislative Policies of MetroCities and select a voting delegate. Options: 1) endorse policies as provided; 2) endorse with suggested amendments; 3) do not endorse; 4) do nothing. Recommendation: Irecommend the Council endorse the legislative policies and authorize the delegate to cast a vote in support of the policies. As a note, I will be attending the meeting as there is a Metropolitan Managers meeting before the MetroCities meeting and the speaker is Peter Bell. I believe elected officials are invited to this luncheon as well. .s j®~® PRINTED ON RECYCLED PAPER ~~ ~" ~f . METRO CITIES Association of Metropolitan Municipalities Janus Legislative Policies 145 UniversityAve. W., St. Paul, Minnesota 55103-2044 Phone: (651) 215-4000 Fax: (651) 281-1299 Website: www.amm145.org ~~ Table of Contents Municipal Revenue & Taxation (I) State and Local Fiscal Relationship {I-A) 1 Levy Limits (I-B) 1 Local Goverrunent Aid (LGA) (I-C) 1 State Property Tax Relief Programs (I-D) 2 Market Value Homestead Credit (I-E) 2 Limited Market Value (I-F) 3 Fiscal Disparity Fund Distribution (I-G) 3 Constitutional Tax and Expenditure Limits (I-H) 3 State Property Tax: Oppose Extension to Other Property (I-I) 3 Class Rate Tax System (I-J) 3 Personal Property Taxation: Electric Utility (I-K) 4 Sales Tax on Local Government Purchases (I-L) 4 City Revenue Stability and Fund Balance (I-M) 4 Public Employees' Retirement Association (PERA) (I-N) 4 Agb egate Mining Fee (I-O) 5 State Program Revenue Sources (I-P) 5 Post Employment Benefits (I-Q) State Budget Stability (I-R) 5 5 2009 Legislative Policies Table of Contents General Legislation (II) Mandates & Local Authority (II-A) 7 City Enterprise Activities (II-B) 7 Firearms on City Property (II-C) 7 911 Telephone Tax (II-D) 7 800 MHz Radio System (II-E) 7 Building Codes (II-F) 8 Administrative Fines (II-G) 8 Residential Care Facilities (II-H) 8 Aruzexation (II-I) 9 Housing & Economic Development (lll) Introduction 11 City Role in Housing (III-A) 11 City Role in Affordable and Life Cycle Housing (III-B) 11 Iriclusionary Housing (III-C) 12 Metropolitan Council Housing Targets (III-D) 12 State Role in Affordable Housing (III-E) 13 Federal Role in Affordable Housing (III-F) 13 Mortgage Foreclosure (III-G) - 14 City Role in Economic Development (III-H) 14 Development (III-I) 14 Redevelopment (III-J) 15 Tax Increment Financing (III-K) 15 Eminent Domain (III-L) 16 2009 Legislative Policies Table of Contents This Old House/ This Old Shop (III-M) 17 Business Subsidy Policy (III-N) 17 Internet Technology (III-O) 17 City Role in Environ. Protection and Sustainable Devel. (III-P) 18 Impaired Waters (III-Q) 18 Metropolitan Agencies (IV) Purpose of Metropolitan Governance (IV-A) 19 Roles and Responsibilities of the Metropolitan Council (IV-B) 19 Selection of Metropolitan Council Members (IV-C) 20 Funding Regional Services (IV-D) 20 Regional Systems (IV-E) 20 Review of Local Comprehensive Plans (IV-F) 21 Local Zoning Authority (IV-G) 22 Regional Growth (IV-H) 22 Comprehensive Planning Schedule (IV-I) 23 Natural Resource Protection (IV-J) 23 Inflow and Infiltration (I/ I) (IV-K) 24 Water Supply (IV-L) 24 Service Availability Charge (SAC) (IV-M) 25 Funding Regional Parks & Open Space (IV-N) 26 Livable Communities (IV-O) 26 Density (IV-P) 26 2009 Legislative Policies ~~~ Table of Contents Transportation (V) Transportation and Transit Funding (V-A) 27 Regional Transit System (V-B) 27 Transit Operating Subsidies (V-C) 27 Street Improvement Districts (V-D) 28 Highway Turnbacks & Funding (V-E) 28 " 3C" Transportation Planning Process: Elected Officials' Role (V-F) 29 Photo Enforcement of Traffic Laws (V-G) 29 Airport Noise Mitigation (V-H) 29 Cities Under 5,000 Population (V-I) 29 County State Aid Highway (CSAH) Distribution Formula (V-J) 30 Municipal Input/Consent for Trunk Highways and County Roads (V-K) 30 Plat Authority (V-L) 30 City Speed Limit Control (V-M) 31 Speed Limits Surrounding City Parks and Schools (V-N) 31 MnDOT Maintenance Budget (V-O) 31 Transit Taxing District (V-P) 31 Committee Rosters (VI) 2008 Housing & Economic Development Committee 33 2008 Metropolitan Agencies Committee 33 2008 Municipal Revenue & Taxation Committee 34 2008 Transportation & General Government Committee 35 iv 2009 Legislative Policies Municipal 0 QD 1-A State and Local Fiscal Relationship Revenue & Taxation (I) Metro Cities supports a strong state and local fiscal partnership that emphasizes the following principles: Strong financial stewardship and accountability for public resources that emphasizes maximizing efficiencies in service delivery and effective communication between the state and local units of governrrient, and to the public, about state and local roles and responsibilities; • Certainty and predictability in revenue sources including the property tax and local government aids; ® Adequate revenue sources available to cities that allow the needs of cities to be met, mandates to be funded, and that maintain our state's economic vitality and competitiveness; ® Recognition that a `one size fits all' system that limits cities to the property tax as the major non-state aid revenue source does not fit all and to permit access to other tax and revenue sources that are not currently accessible as well as oppose reductions or limitations on the use of various license, development, or other general fees to pay for related services; ® An equitable revenue and finance system that values all citizens receiving adequate levels of city services at similar levels of taxation, provides financial assistance to compensate cities and their taxpayers for overburdens created by non-taxpaying users of services and reduces tax burden disparities among cities. I-B Levy Limits Metro Cities strongly opposes levy limits and urges the Legislature to repeal them. Levy limits undermine local budgeting processes and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services. Metro Cities also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, reverse referenda, super majority requirements for levy, or other limitations to the local government budget and taxing process. I-C Local Government Aid (LGA) Local Government Aid (LGA), the only remaining form of general purpose state aid to Mizuiesota cities, was modified by previous legislatures, at a significant cost to most metropolitan area communities. As a result, many of the metropolitan area's 183 cities no longer receive LGA. LGA formula changes and the appropriation increase passed by 2009 Legislative Policies Municipal Revenue & Taxation the 2008 Legislature were supported by Metro Cities and will allow for a slightly higher distribution of LGA dollars to the metropolitan area. However, the LGA formula continues to be geographically disparate and volatile, and warrants further analysis and improvement. Metro Cities supports: • Continued restoration of previous LGA cuts to fully fund the current LGA formula. • The continuation of LGA to assist those cities whose public service needs and costs exceeds their ability to pay. e Modifying the LGA formula to address geographic disparities in LGA distribution and the needs of metro area cities that are not addressed through the current formula and distribution. ® Modifying LGA formula floors and caps for the purpose of reducing annual payment distribution volatility. • The inclusion of inflationary factors in the LGA formula. • Astate-conducted analysis of the LGA formula that includes an examination of existing geographic disparities in the distribution of local government aid, an analysis of current need and capacity factors and consideration of alternative factors, an analysis of the formula used to calculate aid for small cities, volatility in the local government aid distribution and the impact of including the unique needs of rapidly growing cities on the LGA formula. i-D State Property Tax Relief Programs Metro Cities supports state funded property tax relief programs for homestead property taxpayers such as the circuit breaker and enhanced targeting for special circumstances. Metro Cities supports the update of the Department of Revenue's "Voss" database to link income and property values, and the consideration of income relative to property taxes paid in determining eligibility for state property tax relief programs. Metro Cities supports an analysis of the State's property tax relief programs to determine their effectiveness in providing property tax relief to individuals and families. I-E Market Value Homestead Credit Metro Cities supports the Market Value Homestead Credit Program, a state aid to individual homestead property taxpayers, as a direct credit to the taxpayer, rather than a reimbursement to local units of government. The current MVHC reimbursement structure undermines accountability in a number of ways, most directly by enabling the state to reduce or even eliminate the reimbursement to local units of government while preserving the benefit of the credit to the homeowner. Further, any savings to the state resulting from reductions in the MVHC should be spread proportionally to all benefiting taxpayers. 2 2009 Legislative Policies Municipal Revenue 8~ Taxation I-F Limited Market Value Metro Cities strongly opposes extension of artificial limits in valuing property at market for taxation purposes to additional property classes since such limitations shift tax burdens to other classes of property and create disparities between properties of equal value. The Legislature should monitor the effects of the Limited Market Value (LMV) phase-out to avoid excessive tax burden increases to currently benefiting properties, Metro Cities believes that enhanced targeting for special circumstances better serves the tax system. I-G Fiscal Disparity Fund Distribution Metro Cities opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. Metro Cities supports the continuation of the fiscal disparities program until such time as an appropriate replacement is developed. Metro Cities supports a state conducted analysis of the Fiscal Disparities Program to determine whether the program is meeting its original goals and objectives, and whether changes to the program should be considered to better meet those objectives. I-H Constitutional Tax and Expenditure Limits Metro Cities strongly opposes including tax and expenditure limits in the state constitution. This would eliminate any flexibility on the part of the Legislature or local governments to respond to unanticipated critical needs, emergencies, or fluctuating economic situations. When services such as education, public safety and health care require increased funding beyond the overall limit, experiences in at least one other state indicate that other publicly funded services receive less than adequate resources. Constitutional limits result in a reduced base during times of economic downturn and the inability to recover to previous service levels when economic prosperity returns. I-I State Property Tax; Oppose Extension to Other Property The 2001 Property Tax Reform Act shifted general education funding to the state, and funded it, in part, with a state property tax on commercial/industrial and cabin property. Since cities' only source of general funds is the property tax, Metro Cities strongly opposes extension of astate-levied property tax to additional classes of property. I-J Class Rate Tax System Metro Cities opposes elimination of the class rate tax system, or applying future levy increases to market value, since this would further complicate the property tax system, 2009 legislative Policies 3 Municipal Revenue & Taxation I-K Personal Property Taxation: Electric Utility The Minnesota Department of Revenue has revised its regulations for calculating the taxable market value of electric and natural gas utility property. This affects property taxes paid by investor-owned utilities (IOUs) not only to the state, but also to local governments. Provisions in the previous regulations, such as depreciation limits and prescribed weights for the cost and income approaches to value, helped to preserve the taxable value of this property over the many decades it is in service. IOUs enjoy a guaranteed rate of return on their capital investments, but host cities experience the costs of envirorunental damage, nuisance and lost economic development as the result of this property. IOUs argued that their property is over-valued and that depreciation limits should be removed. However, changes to the utility property valuation rules will drastically reduce the taxable market value that helps compensate host cities for hosting base load electric generation facilities. Metro Cities opposes changes to the utility property valuation rules that result in a significant decline in the taxable market value of utility property. Metro Cities supports state appropriated aid to cities to keep them financially whole and to compensate for tl~e economic and environmental costs of hosting base load electric generation facilities, rather than through increases in property class rates or other mechanisms. I-~ Sales Tax on Local Government Purchases The Legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. I-M City Revenue Stability and Fund Balance Metro Cities opposes state attempts to control or restrict city fund balances. These funds are necessary to maintain fiscal viability, meet unexpected or emergency resource needs, purchase capital goods and infrastructure, provide adequate cash flow and maintain high level bond ratings. I-N Public Employees' Retirement Association (PERA) Metro Cities supports employees and cities sharing equally in the cost of necessary contribution increases. Metro Cities also supports state assistance to local governments to cover any additional contribution burdens placed on cities over and above contribution increases required by employees. Cities should receive sufficient notice of these increases so that they may take them into account for budgeting purposes. Further, Metro Cities will monitor legislative proposals and when necessary and appropriate, respond in a manner that supports this policy and provides for the fair treatment of employees and the protection of municipalities' interests. 4 2009 Legislative Policies Municipal Revenue & Taxation I-O Aggregate Mining Fee In order to provide an incentive for the extraction of local aggregate resources prior to urbanized development, and in order to help offset the negative impacts of aggregate mining on local communities, the state should authorize cities and townships to collect a per ton host community fee from the operators of aggregate mines with the fee proceeds to be deposited in the municipality's general fund. The 2008 Legislature adopted an Aggregate Resource Preservation Act as_an incentive for the extraction of local aggregate resources prior to urbanized development, as well as a modified tax structure that requires 42.5% of the aggregate tax to be distributed to host cities and townships. Metro Cities supports legislative efforts to assist aggregate host cities in offsetting the negative impacts of aggregate mining on local communities. Metro Cities would prefer that cities and townships be allowed to collect a per ton host community fee from the operators of aggregate mines with the fee proceeds to be deposited in the municipality's general fund. The Legislature may wish to consider an examination of the negative impacts of aggregate mining on cities adjacent to host cities. I-P State Program Revenue Sources Metro Cities opposes any attempt by the state to finance programs of statewide value and significance with local revenue sources such as municipal utilities or property tax mechanisms. These local revenue sources are created to finance local government services. Statewide programs, such as the Clean Water Legacy Act, serve important state goals and objectives, and should be financed through traditional state revenue sources such as the income or sales tax. I-Q Post Employment Benefits Metro Cities supports statutory authority allowing local govermnents to establish trusts from which to fund post-employment health and life insurance benefits for public employees, with participation by cities on a strictly voluntary basis, in recognition that cities have differing local needs and circumstances. Cities should also retain the ability to determine the level of post employment benefits to be provided to employees. Metro Cities supports a study of the fiscal impacts to both cities and retirees of pooling retirees separately from active employees. I-R State Budget Stability In the last several years, the State has experienced budget deficits and increased volatility in state revenues. To address state budget shortfalls, the Legislature and Governor have focused their efforts on reductions in expenditures, shifting of costs to other units of government, and drawing down the state budget reserve. In 2007, the Legislature and Governor created the State Budget Trends Study Commission to study the implications of state demographic trends on the state's tax base 2009 Legislative Policies Municipal Revenue 8~ Taxation and revenue collections, as well as trends in spending for state programs. The Commission is charged with examining the state budget with regard to budget stability and flexibility and may make recommendations for state tax and budget changes that include changes in the tax base, mix of tax types, state and local finance relationships, entitlements and the budget structure. Metro Cities supports the work of the State Budget Trends Study Commission to examine our state's budget and revenue structures and to provide recommendations to the Legislature. Metro Cities urges the Legislature to consider changes that enhance and improve stability, flexibility and adequacy in our state's revenue system. As part of this study, Metro Cities supports an examination of the property tax system and the relationships between state and local tax bases. 6 2009 Legislative Policies P~ General Legislation (II) ~~ II-A Mandates & Local Authority Metro Cities opposes statutory changes that erode local control and authority or create additional mandated tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. New unfunded mandates potentially result in increased property taxes, impeding cities' ability to fund traditional service needs. II-B City Enterprise Activities Metro Cities supports cities having the authority to establish city enterprise operations in response to community needs, local preferences, state mandates or to ensure residents' quality of life. Creation of an enterprise operation allows a city to provide a desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and control services for the benefit of community residents. II-C Firearms on City Property Cities should be allowed to prohibit handguns in city-owned buildings, facilities and parks. This would allow locally elected officials to determine whether to allow permit- holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities' intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets or city sidewalks. II-D 911 Telephone Tax Public safety answering points (PSAPs) must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to local 911 systems, maintenance and operational support, and dispatcher training. State funding should also support the technology and training needed to provide the number and location of wireless and voice over Internet protocol (VoIP) calls to 911 on computer screens and transmit that data to police, fire and first responders. II-E 800 MHz Radio System Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MI Iz radio system, as long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System until they choose. Metro Cities further urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment (portable and mobile radios) as well as provide funding for operating costs, since the prime purpose of this system is to allow public safety agencies and other units of government the ability to communicate effectively. 2009 Legislative Policies General Legislation II-F Building Codes In spite of the serious downturn in the construction economy, thousands of new housing units have been constructed annually in the metro area, and when the economy rebounds, building will resume. Structural and water intrusion problems have surfaced in many houses and commercial buildings built in the last 20 years. These problems have resulted in dissatisfied homeowners and conflicts between the state, builders and cities. Metro Cities supports an equitable distribution of fees from the newly created Construction Code Fund, with proportional distribution based on the area of enforcement where the fees were received. Metro Cities further supports a joint effort by the state, cities and builders to collectively identify appropriate uses for the fund, including education, analysis of new materials and construction techniques, building code updating, building inspector training, and the development of performance standards and identification of construction "best practices." Metro Cities does not support legislative solutions that fail to recognize the interrelationships between builders, state building codes and cities. II-G administrative Fines Traditional methods of citation, enforcement and prosecution have met with increasing costs to local units of government. The use of administrative fines is a tool to moderate those costs. Metro Cities supports the use of administrative fines for local traffic offenses. Metro Cities will continue to support cities' authority to use administrative fines for regulatory ordinances, such as building codes, zoning codes, health codes, and public safety and nuisance ordinances. Metro Cities supports the use of city administrative fines, at a minimum, for regulatory matters that are not duplicative of misdemeanor or higher level state traffic and criminal offenses. Metro Cities also endorses a fair hearing process before a disinterested third party. II-H Residential Care Facilities Sufficient funding and oversight is needed to ensure that residents living in residential care facilities have appropriate care and supervision, and that neighborhoods are not disproportionately impacted by high concentrations of residential care facilities. Under current law, operators of certain residential care facilities are not required to notify cities when they intend to purchase single-family housing for this purpose. Cities do not have the authority to regulate the locations of group homes and residential care facilities. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential care facilities provide. However, cities also have an interest in preserving balance between group homes and other uses in residential neighborhoods. Cities should have statutory authority to require licensed agencies and licensed providers that operate residential care facilities to notify the city of properties being operated as g 2009 Legislative Policies General Legislation residential care facilities. The Legislature should also require the establishment of non- concentration standards for residential care facilities to prevent clustering and require the appropriate county agencies to enforce these rules. 11-I Annexation The 2006 Legislature created the Municipal Boundary Adjustment Task Force to study and make recommendations on what, if any, changes should be made to laws governing municipal boundary adjustments. The task force was charged with developing recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. Metro Cities supports substantive changes to the state's annexation laws that will lead to better land-use planning, energy conservation, greater environmental protection, fairer tax bases, and fewer conflicts between townships and cities. Metro Cities also supports technical annexation changes that have been agreed to by cities and townships. 2009 Legislative Policies 9 General Legislation ~ 0 2009 Legislative Policies ,,.-~~~~~~ Housing & Economic ., ~'' '~~ Develo ment (Ill) p ~_______ Introduction While the provision of housing is predominantly a private sector, market-driven activity, all levels of government -federal, state and local - have a role to play in facilitating the production and preservation of affordable housing in Minnesota. Metro Cities' housing policies recognize and support the intergovernmental nature of this issue -including participation from federal, state, regional and local governments. Policies A through C outline the role of cities. Cities are responsible for much of the ground-level housing policy in Minnesota -including land-use planning, building code enforcement, and often times the packaging of financial incentives. However, the State and Metropolitan Council must also play a major role by empowering local units of government and providing a variety of funding programs and tools. Policy D addresses the state's responsibility to provide financial resources and establish a general direction for housing policy. Finally, Policy E speaks to the urgent need for the federal government to increase its financial support for the production and preservation of affordable housing. III-A City Role in Housing In the state of Minnesota, the provision of housing is predominantly a private sector, market-driven activity. However, all cities facilitate the development of housing via responsibilities in the areas of land-use planning, zoning ordinances and subdivision regulations. Many cities choose to play an additional role by providing financial incentives and regulatory relief, participating in state and regional housing programs and supporting either local or countywide Housing and Redevelopment Authorities. Cities are .also responsible for ensuring the health and safety of local residents and the structural soundness and livability of the local housing stock via building permits and inspections. Metro Cities strongly opposes any effort to reduce, alter or interfere with cities' authority to carry out these functions in a locally determined manner. Ill-B City Role in Affordable anal Life Cycle Housing Metro Cities' supports affordable and life cycle housing and recognizes its importance to the economic and social well being of individual communities and the region. Cities can facilitate the production and preservation of affordable and lifecycle housing by: ® Applying for funding from applicable grant and loan programs; • Working with developers and local residents to blend affordable housing into new and existing neighborhoods; • Expediting review processes; and • Working to reduce locally imposed development costs. 2009 legislative Policies > Housing 8~ Economic Development III-C Inclusionary Housing Metro Cities supports the location of affordable housing in residential and mixed-use neighborhoods throughout a city. However, Metro Cities does not support passage of a mandatory inclusionary housing law that would require a certain percentage of units in all new housing developments to be affordable to households at a particular income level because these units can't be produced without a deep developer subsidy or cross- subsidization from the other houses in the development. While Metro Cities believes there are cost savings to be achieved through regulatory reform, density bonuses, and fee waivers, Metro Cities does not believe a mandatory inclusionary housing approach can achieve the desired levels of affordability solely through these steps. The Metropolitan Council, in creating its affordable housing targets, must recognize both the opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and/or advocating for additional resources through the Minnesota Housing Finance Agency. III- D Metropolitan Council Housing Targets In advance of the 2008 Comprehensive Plan deadline and in response to projected growth in the Metro Area, the Metropolitan Council created a methodology to determine how many affordable housing units would be needed and where those units should go. From that process, each metro area city was assigned an affordable housing "target". Further, Met Council Comprehensive Plan guidance instructs cities to guide sufficient land to accommodate the "targets". Metro Cities supports the creation of affordable and lifecycle housing in the metro area. However, providing affordable and lifecycle housing is a shared responsibility between the private sector and government at all levels, including the federal government, state government and Metropolitan Council. Land economics, construction costs and infrastructure needs create barriers to the creation of affordable housing that cities cannot overcome without assistance. Therefore, Metro Cities supports a Metropolitan Council affordable housing policy that recognizes the following tenets: • The Council's housing policies characterize individual city housing numbers as "targets", not "goals". • Cities need significant financial assistance from the federal and state government, as well as the Metropolitan Council, in order to make progress toward creating additional affordable housing. s Improved transportation infrastructure and transit service is required to make progress toward creating affordable housing. • Absent significant resources to assist cities, the Met Council will not hold cities responsible if the "targets" can't be met. 12 2009 Legislative Policies Housing & Economic Development lll- E State Role in Affordable Housing Primarily through the programs of the Minnesota Housing Finance Agency (MHFA), the state establishes general direction and prioritization of housing issues. The state financially supports a variety of housing types including homeless shelters, transitional housing, supportive housing, senior housing, and family housing. The state must continue to be an active partner in addressing lifecycle and affordable housing issues. Particularly, the state should: e Increase funding, including state general funds and, possibly, alternate sources of revenue, for programs that support lifecycle and affordable housing. The state should consider establishing anon-competitive program to create a pipeline to match city- subsidized affordable housing projects; ® Support housing programs that assist housing development throughout the low-to- inoderate income range; ® As a means of reconciling affordable housing with community development goals, Metro Cities supports housing programs designed to develop market rate housing in areas with high concentrations of affordable housing, where.the private market might not otherwise invest; e Continue the policy of using MHFA's investment earnings for housing programs; ® Amend the tax exempt bond allocation statute to maximize its availability for affordable rental housing; ® Provide exemptions from, or reductions to sales, use and transaction taxes applied to the development and production of affordable housing; and ® Authorize cities to amend their comprehensive plans, in order to facilitate increased lifecycle and affordable housing, with a simple majority vote of all members of the city council, rather than a super majority; e Consider providing state tax credits to incent cross-subsidized affordable units in a market rate development project. This incentive could be used in conjunction with city, regional, or other state incentives. III-F Federal Role in Affordable Housing Metro Cities encourages the federal government to maintain and increase current levels of funding for affordable housing. Federal investment in affordable housing will increase the supply of affordable and life cycle housing as well as increase the inter-jurisdictional collaboration between the two levels of governrrient. Federal funding plays a critical role in aiding states and local governments in their efforts to maintain and increase affordable housing throughout the state. Metro Cities strongly encourages the following: e To preserve and increase funding for the Community Development Block Grant Program, which is a catalyst for creating more affordable housing; 2009 Legislative Policies ~ 3 Housing 8~ Economic Development • To create and implement a more streamlined procedural method for local units of government to participate and access federal funding and services dealing with grants, loans, and tax incentive programs for economic and community development efforts; • To preserve resources to sustain existing public housing throughout the Metro Area; and;. • To commit resources to Section 8 funding. It is a flexible, cost effective, and successful program that has helped nearly two million families find housing through promotion of self-sufficiency and stability. Ill-G Mortgage Foreclosure Sub-prime mortgages and predatory lending practices have resulted in thousands of mortgage foreclosures throughout the state. Foreclosures are devastating to homeowners and tenants and can be equally devastating to neighborhoods when the presence of vacant housing results in reduced property values and increased crime. The additional public safety and code enforcement costs of managing vacant properties are a financial strain on cities. Metro Cities supported the 2007 Legislature's efforts to eliminate predatory lending practices and the 2008 Legislature's efforts to reduce foreclosures among current recipients of sub-prime mortgages, including technical changes to the foreclosure process, increased financial support for mortgage foreclosure prevention activities, and financial assistance to individuals. As solutions to address vacant housing are developed, including assistance to cities for property management, neighborhood recovery and public safety costs associated with foreclosures, Metro Cities urges the Legislature to partner with cities and the private sector to adopt and implement those solutions.. III-H City Role in Economic Development The State of Miru7esota should continue to recognize. cities as the primary unit of goverrunent responsible for the implementation of economic development and redevelopment policies and land use controls. However, the state should begin to shift its focus from addressing economic needs based on population or location to a broader statewide perspective, which is based on economic development strategies, economic development priorities and economic impact. The state should also recognize the additional cost cities bear when undertaking redevelopment vs, development projects. I11-I Development The economic viability of the Metro Area is enhanced by a broad an ay of economic development tools that create infrastructure, recycle previously developed property, provide incentives for business development and support technological advances. It should be the goal of the state Legislature to champion development throughout the state by providing enough sustainable funding to assure that the state remains competitive in a global marketplace. Metro Cities supports the following: ~ 4 2009 Legislative Policies Housing & Economic Development • Increased funding in the Livable Communities Demonstration Account in order to assist communities with development that may not be exclusively market driven or market proven in their particular location; • Increased funding for the Contamination Cleanup Grant Account; • Increased funding for the Metropolitan Council Tax Base Revitalization Program; • Continued funding for the Minnesota Investment Fund; • Continued funding for the Urban Initiative Program; • Continued support for the Bioscience partnerships between cities, companies, and the University of Minnesota; • Financial tools for transit oriented development, including funding for the Transit Improvement Area program to better leverage existing programs in areas that are, or will be served by transit projects. • Development of funding mechanisms that support the creation and expansion of "green" jobs. III-J Redevelopment Redevelopment allows local communities to adjust to changing market conditions, better utilize existing public infrastructure, and maintain a viable local tax base. However, due to the higher up-front costs of redevelopment, as compared to Greenfield development, desirable redevelopment projects often require public assistance. The State of Minnesota has a responsibility to provide cities with practical and flexible resources that will address the challenges and take advantage of redevelopment opportunities. Metro Cities supports: • Increased and sustained general fund and bond funding, of the Redevelopment Grant Program, administered by the Department of Employment and Economic Development (DEED}, dedicated to Metropolitan Area projects. o Increased, flexible and sustained funding for the Contamination Cleanup Account for cleanup of polluted land and the recycling of previously developed land. III-K Tax Increment Financing Tax Increment Financing (TIF) has been and continues to be the primary tool available to local communities for assisting economic development, redevelopment and housing. Over time, several statutory changes have made this critical tool increasingly difficult to use, while recent property tax reform has resulted in a decreased state financial stake in city TIF decisions. At the same time that TIF has become more restrictive and difficult to use, federal and state development and redevelopment resources have been steadily shrinking. The 2006 eminent domain changes will make redevelopment significantly more expensive in some cases, and impossible in others. The cumulative impact of TIF restrictions, shrinking federal and state redevelopment resources, and changes to eminent domain laws will restrict a city's ability to address problem properties and will accelerate the decline of developed cities in the Metropolitan Area. Without proper tools and resources to address decline, cities will be unable to stop it. At a_minimum, the state should authorize increased flexibility in local TIF decisions. 2009 Legislative Policies 15 Housing 8~ Economic Development Metro Cities urges the Legislature to: • Not adopt any statutory language that would further constrain or directly or indirectly reduce the effectiveness of TIF; • Incorporate the Soils Correction District criteria into the Redevelopment District criteria so that a Redevelopment District can be comprised of blighted and contaminated parcels in addition to railroad property; • Expand the flexibility of TIF to support a broader range of redevelopment projects; • Increase the ability to pool increments from other districts to support projects; • Continue to monitor the impacts of tax reform on TIF districts and if warranted provide cities with additional authority to pay for possible TIF shortfalls. o Allow for the creation of transit zones and transit related TIF districts to address development and redevelopment issues associated with transit or transfer stations; • Consider creating an inter-disciplinary TIF team to review local exception TIF proposals, using established criteria, and make recommendations to the legislature on their passage. In addition, for sites that do not meet the restrictive blight and contamination definitions of the 2006 changes to eminent domain law, the Legislature should explore creating incentives to encourage owners whose properties meet the blight definitions under M.S., Chapter 469, to voluntarily sell their land for redevelopment purposes. Incentives could include income tax credits, capital gains deferrals or other incentives targeted at property owners. Finally, Metro Cities encourages the State Auditor to continue to work toward a more efficient and streamlined reporting process. I11-L Eminent Domain Eminent domain law changes made by the 2006 Legislature resulted in a significant philosophical and legal shift in Minnesota. Whereas prior to 2006, Minnesota law provided extensive deference to local govermnents, statutory changes enacted in 2006 provide significantly greater deference to property owners. Eminent domain actions for traditional public uses such as streets, parks or sewers will cost more. And except for the most extreme cases of blight or contamination, eminent domain for redevelopment purposes will be nearly impossible at any cost. The proper operation and long term economic vitality of our cities is dependent on the ability of a city, its citizens and its businesses to continually reinvest and reinvent. Reinvestment and reinvention strategies can occasionally conflict with the priorities of individual residents or business owners. Eminent domain is a critical tool in the reinvestment and reinvention process and without it; our cities will be allowed to deteriorate to unprecedented levels before the public will be able to react. Metro Cities strongly encourages the Governor and Legislature to revisit the 2006 eminent domain changes to allow local govenunents to address blight and contamination problems before 16 2009 Legislative Policies Housing 8~ Economic Development those conditions become financially impossible to address. Specifically, the Legislature should: e Re-write the blight and contamination definitions and standard of review sections to reflect the deterioration conditions that currently exist in the Metro Area. • Allow for the assembly of multiple parcels in order to properly and appropriately redevelop blighted or contaminated sites. • Provide for the ability to acquire land from "holdouts" who will now view a publicly funded project as an opportunity for unethical personal gain at taxpayer expense. • Review the new enhanced compensation provisions to determine whether individuals are inappropriately enriched by the process. ® Allow for modifications to the effective date language in the 2006 legislation in order to accommodate delays in project schedules that are beyond the control of the acquiring authority. I11-M This Old House/ This Old Shop Metro Cities supports the reenactment of the "This Old House" law, which allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home. In particular, "This Old House", or a similar program, should be reauthorized as an incentive for re-occupying and homesteading foreclosed or vacant homes. Metro Cities also supports passage of similar legislation for owners of older commercial/industrial property that make improvements that increase the property's market value by at least 12%. III-N Business Subsidy Policy Without a thorough study, the Legislature should not make any substantive changes to the Business Subsidy Act during the next legislative session, but should look to technical changes that would stream line both state and local processes and procedures. 111-0 Internet Technology Where many traditional economic development tools have focused on managing the costs and availability of traditional infrastructure-roads, rail, utilities, etc.-the new economy is increasingly dependent on reliable, redundant, cost effective, high bandwidth telecommunications capabilities. While the United States was once a leader among "wired" economies, its position has slipped dramatically as other countries have facilitated investments in fiber-optic deployment (fiber to the premises), commitments to true high speed internet capacity (100 mb to 1 gb) and improved networks (Inteanet 2). Recognizing that there is a policy debate regarding the role of government versus private telecommunications companies in implementing the next generation of internet capability, bringing about such capabilities is increasingly ii~nportant to insure that U.S. companies in general and Minnesota companies in particular can compete effectively in 2009 Legislative Policies ~ ~ Housing 8~ Economic Development the global economy. Metro Cities endorses a comprehensive strategy to stimulate the implementation of true high speed, world class, high bandwidth Internet capabilities that are reliable, redundant, cost effective and available to all properties. III-P City Role in Environmental Protection and Sustainable Development Historically, cities have played a major role in environmental protection, particularly in water quality. Through the construction and operation of wastewater treatment and storm water management systems, cities are a leader in protecting the surface water of the state. In recent years, increased emphasis has been placed on protecting ground water and removing impairments from storm water. In addition, there is increased emphasis on city participation in controlling our carbon footprint and in promoting green development. Metro Cities supports public and private environmental protection efforts to reduce greenhouse gas emissions and to further protect surface and ground water. Metro Cities also supports "green" design and construction techniques to the extent that those techniques have been thoroughly tested and are truly environmentally beneficial, economically sustainable, and represent sound building practices. Metro Cities supports additional, feasible environmental protection with adequate funding and incentives to comply. III-Q Impaired Waters Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market, but is cognizant of the need to protect the water resources of the state and metro area. Metro Cities supports the goals of the Clean Water Act and efforts at both the federal and state level to implement it. However, insufficient resources for impaired water assessments, total maximum daily load (TMDL) analysis, and capital projects tlu•eaten both our envirolunent and the metro area's ability to respond to market demands for development and redevelopment. Consequently, Metro Cities supports continued funding for clean water, including dedicated funding for: • Surface water impairment assessments • TMDL development • Storm water construction grants • Wastewater construction grants ~ g 2009 Legislative Policies Metropolitan Agencies (IV) IV-A Purpose of Metropolitan Governance The statutorily-defined Twin Cities metropolitan region is made up of 193 cities and townships covering over 3,000 square miles in seven counties. The effective and efficient delivery of certain public services and the continued economic growth of this region is enhanced by the existence of a regional entity to provide coordination and facilitate cooperation. Therefore, Metro Cities supports the continued existence of a metropolitan governance system for the purpose of: • Facilitating long-term region-wide planning with the cooperation and consideration of the affected local units of govermnent; and ® Plamzing for and providing those public services that are needed by the region, but cannot be effectively and efficiently provided by local governments or the state. With or without the Metropolitan Council as it exists today, the region needs soiree entity to perform these functions. However, the Twin Cities' metropolitan Governance structure should not be granted, nor shouldrt assume, general local goverrunent or state agency powers. IV-B Roles and Responsibilities of the Metropolitan Council The primary responsibilities of the Metropolitan Council are to: • Plan for the orderly and economical development of the metropolitan area by preparing a comprehensive development guide that includes long-range comprehensive policy plans for the transportation/aviation, wastewater treatment and recreational open space systems. • Review local comprehensive plans for compatibility with the plans of neighboring communities, consistency with Metropolitan Council policies and conformity with metropolitan system plans. • Provide specific regional services and administer select regional grant programs as assigned by state or federal law. • Provide technical assistance, research and information to local units of government. Overall, it is the Metropolitan Council's role, through the regional development guide and its accompanying policy plans, to set broad regional goals and then provide cities with technical assistance and incentives to achieve those goals. Local governments are ultimately responsible for zoning, land use planning and development decisions within their borders. 2009 Legislative Policies ~ 9 Metropolitan Agencies Any additional responsibilities taken on by, or authority granted to the Metropolitan Council should be limited to a specific statutory assignment, or grant. IV-C Selection of Metropolitan Council Members Members of the Metropolitan Council should be selected via an open process that includes an opportunity for local governments and other stakeholders to provide meaningful input. Council members should understand and be responsive to the districts they represent while also serving the best interests of the region. Metropolitan Council members should serve fixed, staggered terms. IV-D Funding Regional Services The Metropolitan Council should continue to fund its regional services and activities through a combination of user fees, property taxes, and state and federal grants. ® The Metropolitan Council should set user fees via an open process that includes public notices and public hearings. User fees should be uniform by type of user and set at a level that supports effective and efficient public services based on commonly accepted industry standards, and allows for sufficient reserves to ensure long-term service and fee stability. • Metro Cities supports the use of user fees and property taxes to fund regional projects so long as the benefit conferred on the region is proportional to the fee or tax, and the fee or tax is comparable to the benefit cities receive in return. ® Metro Cities supports user fees for regional projects so long as the fees are not used to coerce a particular response from cities.. • Fee proceeds should be used to fund regional services or programs for which they are collected. IV-E Regional Systems Regional systems are currently defined in statute as transportation (with aviation), wastewater treatment and recreational open space. The purpose of these regional systems and the Metropolitan Council's authority for them is clearly outlined in state statute. In order to alter the focus or expand the reach of any of these systems, the Metropolitan Council must seek a statutory change. The system plans/statements prepared by the Metropolitan Council for these regional systems should be specific in terms of the size, location and dining of regional investments in order to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which local plans will be judged for consistency and the criteria that will be used to find that a local plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans. Additional regional systems should only be established if there is a compelling metropolitan problem or concern that can best be addressed through the designation. 20 2009 Legislative Policies Metropolitan Agencies Common characteristics of the four existing regional systems include public ownership of the system and its components and an established regional or state funding source. These characteristics should be present in any new regional system that might be established. Water supply does not meet these criteria. IV-F Review of Local Comprehensive Plans In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should: 0 Recognize that its role is to review and comment, unless it is found that the local plan is snore likely than not to have a substantial impact on or contain a substantial departure from one of the four system plans; • Be aware of the statutory time constraints imposed by the Legislature on plan amendments and development applications; ® Provide for immediate effectuation of plan amendments that have no potential for substantial impact on systems plans; • Require the information needed for the Metropolitan Council to complete its review, but not prescribe additional content or format beyond that which is required by the Metropolitan Land Use Planning Act (LUPA); ® When a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans, Metro Cities supports a formal appeals process that includes a peer review and encourages cities and the Met Council to work in a cooperative and timely fashion toward the resolution of outstanding issues. Metro Cities opposes the imposition of sanctions or monetary penalties when a city's local comprehensive plan is deemed incompatible with the Met Council's systems plans or the plan fails to meet a statutory deadline when the city has made legitimate efforts to meet Met Council requirements. • Concerning `flexible' residential development and achieving consistency with the Metropolitan Council's system plans and policies, Metro Cities supports the Metropolitan Council working with affected cities and other organizations such as the Pollution Control Agency, Department of Natural Resources, and other relevant stakeholders to identify common ground as well as potential conflicts between respective goals for flexible development. 2009 Legislative Policies 21 Metropolitan Agencies IV-G focal Zoning Authority Local governments are responsible for zoning. Local zoning decisions, which are the implementation of cities' comprehensive plans, should not be conditioned upon the approval of the Metropolitan Council or any other governmental agency. Metro Cities strongly opposes the creation of any appeals boards with the authority to supersede city zoning decisions. IV-H Regional Growth The most recent regional population forecasts project an additional 930,000 people and 460,000 households for the seven-county metropolitan area by the year 2030. In order to accommodate this growth in a manner that preserves the region's high quality of life: s Natural resource protection will have to be balanced with growth and development/reinvestment; • Significant new resources will have to be provided for transportation and transit; • New households will have to be incorporated into the core cities, first and second-ring suburbs, and developing cities through bath development and redevelopment. In order for regional and local planning to result in the successful implementation of regional policies: • The State of Minnesota must contribute additional financial resources, particularly in the areas of transportation and transit, reinvestment, affordable housing development, and the preservation of parks and open space. If funding for regional infrastructure is not adequate, cities should not be responsible for meeting the growth forecast set forth by the Metropolitan Council. e The Metropolitan Council must work to pursue levels of state and federal transportation funding that are adequate to meet identified transportation and transit needs in the metropolitan area. o The Metropolitan Council must recognize the limitations of its authority and continue to work with cities in a collaborative, incentives-based manner, and • Metropolitan counties, including the collar counties and school districts, must be brought more thoroughly into the discussion due to the critical importance of facilities and services such as county roads and public schools in accommodating forecasted growth. • Greater recognition must be given to the fact that the "true" metropolitan region extends beyond the traditional seven-county area and the need to work collaboratively with the twelve adjacent counties in Minnesota and Wisconsin, and the cities within those counties. The region faces environmental, transportation, and land-use issues 22 2009 Legislative Policies Metropolitan Agencies that cannot be solved by the seven-county metro area alone. Metro Cities supports an analysis to determine the impacts of Metropolitan Council's growth management policies and infrastructure investments on the growth and development of the collar counties, and the impacts of growth in the collar counties on the metropolitan area. IV-1 Comprehensive Planning Schedule Cities are scheduled to review their comprehensive plans and submit any necessary updates to the Metropolitan Council in 2008. Any future changes to the schedule for local comprehensive planning should be accompanied by the statutory establislunent of a complementary schedule for regional planning. This schedule should: (1) protect cities from being forced into a state of perpetual planning in response to regional actions; and; (2) ensure sufficient time for cities to understand and incorporate regional policies into their local planning efforts. IV-J Natural Resource Protection Metro Cities supports the Metropolitan Council's efforts to compile and maintain an inventory and assessment of regionally significant natural resources for the purpose of providing local communities with additional information and technical assistance. However, any additional steps taken by the Metropolitan Council regarding the protection of natural resources must recognize that: ® The state has a significant role to play in the protection of natural resources- especially when those resources are significant to amulti-county area that is home to more than 50 percent of the state's population and a travel destination for many more. Given the limited availability of resources and the artificial nature of the metropolitan area's borders, neither the region nor individual metropolitan communities would be well served by assuming primary responsibility for financing and protecting these resources. Metro Cities urges the state and/or the Metropolitan Council to provide financial assistance for the preservation of regionally significant natural resources. • The completion of local Natural Resource Inventories and Assessments i NRI/A) is not a regional system nor is it a required component of local comprehensive plans under the Metropolitan Land Use Planning Act. • The protection of natural resources will have to be balanced with the need to accommodate growth and development, reinvest in established communities, encourage more affordable housing and provide transportation and transit connections. Decisions about the zoning or land-use designations of specific parcels of land not already contained within a public park, nature preserve or other protected area are, and should remain, the responsibility of local units of government. 2009 Legislative Policies 23 Metropolitan Agencies IV-K Inflow and Infiltration (UI) The Metropolitan Council's Water Resources Management Plan established an I/I surcharge in 2007 on cities that are determined to be contributing unacceptable amounts of storm water to the MCES wastewater treatment system. Currently 46 cities have been identified as excessive I/I contributors. This number is subject to change, depending on rain events, and any city in the metropolitan area could be affected. While Metro Cities recognizes the importance of controlling I/I because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive I/I in one city can affect development capacity of another city that lies down pipe, we are concerned about the potential for cities to incur increasingly exorbitant costs, and decreasing benefits, in their on-going efforts to mitigate excessive I/I. Metro Cities opposes the `demand' charge that is set to occur once the surcharge program expires. Instead, Metro Cities would encourage the Metropolitan Council to work with cities to establish a process for reaching agreed upon benchmarks to reduce inflow and infiltration. The benchmarks should be determined using adata-supported definition of excessive I/I, and adequate and verifiable flow data that is updated regularly Metro Cities continues to monitor the surcharge program, and encourages the Metropolitan Council to support state financial assistance for Metro Area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation. Further, Metro Cities supports state capital assistance to provide grants to metro area cities for the purpose of mitigating inflow and infiltration problems into municipal wastewater collection systems. IV-L Water Supply The 2005 Legislature authorized the Metropolitan Council to carry out planning activities to address the water supply needs of the Metro Area. The Water Supply Advisory Committee, whose. members include five municipal officials, began its work in January 2006. Its work includes analyzing technical water supply/use data, the development of a master metro area water supply plan, recommendations for clarifying roles of local, regional and state governments and streamlining and consolidating approval processes, and recommendations for funding future planning and capital investments. The advisory committee completed Phase I of its work in December 2006, and submitted a report to the Legislature iri January, 2007. Metro Cities supports the process outlined for phase II of the committee's work, including the development of a master metro area water supply plan, with the addition of a technical advisory group that includes municipal expertise to assist in providing information to the advisory committee. In addition to the Metropolitan Council, there are currently at least five state agencies with water related jurisdiction. There are also several federal agencies involved in water issues. Metro Cities supports the Metropolitan Council activities associated with 24 2009 Legislative Policies Metropolitan Agencies clarifying local, regional and state water supply roles. Metro Cities encourages the Metropolitan Council to consider the inter-relationships of wastewater treatment, storm water management and water supply. Metro Cities also supports analytical work that will help streamline and consolidate the myriad and often conflicting water supply permitting processes. Metro Cities further supports efforts to identify capital funding sources to assist with municipal water supply projects. However, Metro Cities opposes the insertion of the Metropolitan Council as another regulator in the water supply arena. Metro Cities further opposes the elevation of water supply to "Regional System" status, or the assumption of Met Council control and management of municipal water supply infrastructure. At this time, we oppose any regional taxes or fees for water supply planning. IV-M Service Availability Charge (SAC} The Met Council adopted changes to its SAC program in 2006. The original proposal would have disallowed the use of `grandfathered (pre 1973) SAC credits. Metro Cities opposed that change, and convened a work group to review the proposals and make recommendations. As a result of those discussions and subsequent meetings with MCES staff, the Metropolitan Council adopted a `no net credit' proposal. Under this proposal, when a redeveloping property's new use requires lower wastewater capacity than what was used in the prior seven years, SAC credits are limited to the amount needed on the. site for the new use. A property developing at the same or lesser wastewater demand will not incur SAC nor get credits. Metro Cities supports a SAC program that emphasizes equity, simplification and lower rates. Under a no-net-credit structure, Metro Cities supports a baseline `look back' of seven years, 10 years for phased developments and longer time lines to be decided on a case by case basis for redevelopment projects that involve extenuating circumstances. Metro Cities also supports a start date of 2010 to allow cities adequate time to determine and use existing SAC credits. Metro Cities supports modifications to SAC rules adopted by the Metropolitan Council in 2008 that allow for a voluntary transfer of SAC credits from one metro city to another and from one site to another within a city, for projects that, without the credits, would mean that a business would move its operations out of state. Metro Cities supports the rule change with the following conditions: that the business be required to provide a written "but for" certification indicating that without the transfer the business would move its operations out of state, that such transfers are strictly voluntary, that transfers be part of a package of state incentives and that cities being requested to transfer SAC credits be notified of the request at the start of any development negotiations. 2009 Legislative Policies L~ Metropolitan Agencies Metro Cities supports this rule change with the understanding that these transfers will be limited to economic development projects with statewide significance and as such are likely to occur only in rare circumstances. IV-N Funding Regional Parks & Open Space In the seven-county metropolitan area, regional parks essentially serve the role of state parks. Therefore, the state should continue to provide capital funding for the acquisition, development and improvement of these parks. State funding should equal 40 percent of the operating budget for regional parks. IV-O Livable Communities The Livable Communities Act (LCA) is operated by the Metropolitan Council and provides a voluntary, incentive-based approach to affordable housing development, brown field clean up and mixed-use, transit-friendly development and redevelopment. Metro Cities strongly supports the continuation of this approach, which has been widely accepted and is fully utilized by local communities. Metro Cities supports increased funding and flexible eligibility requirements in the livable communities demonstration account in order to assist communities with development that may not be exclusively market driven or market proven in their particular location and in order to support important development and redevelopment goals. Metro Cities supports statutory modifications in the Livable Communities Demonstration Account Program to reflect the linkages among the LCDA and municipal objectives and goals and Met Council systems objectives and goals. Metro Cities also supports statutory changes to assure that all metropolitan area cities are eligible to participate in the LCDA program. Use of interest earnings from LCA funds should be limited to covering the costs of administering the program. Remaining interest earnings not used for program administration should be considered part of the LCA funds and used to fund grant requests from the established LCA accounts, according to established funding criteria. IV-P Density Metro Cities supports a reasonable Met Council density policy that bases density projections on actual development patterns, is flexible, and accommodates cities at various development stages. Any Met Council density policy must take into account the impacts of market trends on city development and redevelopment activities. 26 2009 Legislative Policies _~~ ~~~.~ ----„- Transportation ~V) V-A Transportation and Transit Funding Metro Cities supported the 2008 Transportation Finance bill. This legislation allows for necessary resources for MnDOT, the county road system and the MSA road system, and will help make up for the lack of state resources over the last twenty years. Metro Cities was proud to be part of the effort to secure this base level funding. However, the resources contained in the transportation finance bill represent only half of the need in our counties, cities and state. Metro Cities recognizes the need for additional transportation funding statewide, and will continue to advocate for additional resources to maintain our transportation infrastructure. In addition, cities still lack the authority to use additional tools for city street improvements; such resources continue to be restricted to property taxes and special assessments. It is imperative that alternative authority be granted to municipalities for this purpose to relieve the burden on the property tax System. V-B Regional Transit System The Twin Cities Metropolitan Area needs amulti-modal regional transit system that serves both commuters and the transit dependent. The transit system should be composed of a mix of HOV lanes, Bus Rapid Transit, express and regular route bus service, exclusive transit ways, light rail transit and commuter rail corridors designed to connect residential, employment, retail and entertainment centers. The system should be regularly monitored and adjusted to ensure that routes of service correspond to the region's changing travel patterns. Metro Cities strongly supported the '/4 cent sales tax which was passed by the 2008 Legislature. This tax will be levied in the Metropolitan Area and dedicated to transit. The sales tax represents a commitment to investment in our region's transitways. It will be important to direct these revenues purposefully, and to avoid subsidizing areas of transit funding that are the responsibility of the Legislature and Metropolitan Council. Metro Cities is opposed to legislative directives that constrain the ability of metropolitan transit providers to provide a full range of transit services, including reverse commute routes, suburb-to-suburb routes, transit hub feeder services or new, experimental services that may show a low rate of operating cost recovery from the fare box. V-C Transit Operating Subsidies The Twin Cities metropolitan area is served by a regional transit system that is expanding to include rail transit and dedicated bus ways. Any operating subsidies necessary to support this system should come from a regional or statewide funding source. The property taxpayers of individual cities and counties should not be singled out to fund the 2009 Legislative Policies 27 Transportation operation of specific transit lines or routes of service within this regional system. The Metropolitan Council must find a stable and growing revenue source to fund the operating budget for Metro Transit. MVST revenue projections have not been reliable and as a result the Met Council is continuing to operate at a funding deficit. The '/4 cent sales tax will be used, in part, to fund operating costs on designated transitways in the Metropolitan Area. It is critical that this tax not be allocated in ways that allow the Legislature or Met Council to abrogate their responsibilities for funding operating costs for the metropolitan transit system. V-D Street Improvement Districts Metro Cities supports the authority of local units of govermnent to establish street improvement districts. Street improvement districts allow for cities in developed and developing areas to fund new construction as well as reconstruction and maintenance efforts. A street improvement district is designed to allow cities, through the use of a fair and objective fee structure, to create a district or districts within the city in which fees would be raised and must also be spent. The street improvement district would also provide cities with populations under 5,000 with an alternative to the property tax system and special assessments. V-E Highway Turnbacks & Funding Metro Cities supports jurisdictional reassignment or turnback of roads on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. Metro Cities does not support the wholesale turnback of county roads without the total cost being reimbursed to the city in a timely manner. Cities do not have the financial capacity, other than significant property tax increases, to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. The 2008 Transportation Finance legislation will add approximately $6 million to the Metro. Turnback Fund, bringing the fund up to $20 million, which falls short of the $100 million needed. Metro Cities supports additional funding for municipalities that are assuming the role of maintenance and upkeep on city streets that maintain a level of traffic consistent with state highways. Cities should be compensated for providing a service that traditionally has been borne by the state. The state has abrogated its responsibility for maintaining major roads throughout the state by requiring, tlu•ough omission, that cities bear the burden of maintenance on major state roads. V-F "3C" Transportation Planning Process: Elected Officials' Role Metro Cities supports continuation of the Transportation Advisory Board (TAB), with a majority of locally elected officials as ineinbers and participating in the process, The 28 2009 Legislative Policies Transportation TAB was developed to meet federal requirements, designating the Metropolitan Council as the organization that is responsible for a continuous, comprehensive and cooperative (3C) transportation planning process to allocate federal funds among metropolitan area projects. This process requirement was reinforced by the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), the 1998 Transportation Efficiency Act for the 215` Century (TEA21) and the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). V-G Photo Enforcement of Traffic Laws Cities should be allowed to enforce traffic laws and promote public safety on Minnesota's streets and highways through the use of photo enforcement technology. V-H Airport Noise Mitigation Metro Cities supports noise abatement programs and expenditures designed to minimize the impacts of Metropolitan Airports Coininission (MAC) operated facilities on neighboring communities. The MAC should determine the design and geographic reach of these programs only after a thorough public input process that considers the priorities and concerns of impacted cities and their residents. The MAC and the state should seek long-term solutions to fund the full mitigation package as adopted in 1996 for all homes in the 64-60 DNL impact area. Noise abatement efforts should be paid for by fees and charges collected from airport users, as well as state and federal funds. Furthermore, unless mitigation funding is provided, Metro Cities opposes any legislation that requires a property owner to disclose those properties that lie- within 64-60 DNL noise contours. Acknowledging that the communities closest to MSP and reliever airports are significantly impacted by noise, traffic, and other numerous expansion-related issues, Metro Cities supports the broad goal of providing MSP-impacted communities greater representation on the MAC. Metro Cities wants to encourage continued communication between the MAC commissioners and the cities they represent. Regular contact between the MAC and cities will enhance communication and problem solving. V-I Cities Under 5,000 Population Cities under 5,000 in population do not directly receive any non-property tax funds for collector and arterial streets. Current CSAH distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area. Criteria, such as the number of average daily trips, should be established in a small city local road improvement program for funding qualification, and a distribution method devised. Possible funding sources include the five-percent set-aside account in the Highway User Tax Distribution Fund, modification to county municipal accounts, street improvement districts, and/or state general funds. V-J County State Aid Highway (CSAH) Distribution Formula 2009 Legislative Policies 29 Transportation Even with the additional resources provided by the Legislature through the transportation finance bill, significant needs remain in the metro area CSAH system, The additional revenue for the CSAH system will result in more projects being completed faster, however, greater pressure is being placed on municipalities to participate in cost sharing activities, encumbering an already over-burdened local funding system. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also pay upward of fifty percent of county road projects. Metro Cities supports special or additional funding for cities that have burdens of additional cost participation in county road projects. Although only 10% of the CSAH roads are in the metro area, they account for nearly 50% of the vehicle miles traveled. The new CSAH formula passed by the Legislature will better account for needs in the Metropolitan Area, and the new formula is a first step in providing additional resources for the Metropolitan Area. V-K Municipal InputlConsent for Trunk Highways and County Roads Minnesota Statutes direct the Minnesota Department of Transportation (MnDOT) to submit detailed plans with city cost estimates at a point one and a half to two years prior to bid letting, at which time public hearings are held for citizei~/business/municipal input. If MnDOT does not concur with requested changes, it may appeal. Currently, that process would take a maximum of three and a half months and the results of the appeals board are binding on both the city and MnDOT. Metro Cities opposes any changes to current statutes that would allow MnDOT to disregard the appeals board ruling for state trunk highways. The result of such a change would significantly minimize MnDOT's need to negotiate in good faith with a city for appropriate project access and alignment, and it would make the public hearing and appeals process meaningless. Metro Cities opposes elimination of the county road municipal consent and appeal process for the same reasons we oppose changing the process as it applies to MnDOT trunk highway projects. V-L Plat Authority Metro Cities supports current law granting counties review and comment authority for access and drainage issues for city plats abutting county roads. Metro Cities opposes any statutory change that would grant the county veto power or that would shorten the 120- day review and permit process time. V-M City Speed Limit Control Metro Cities supports a reduction in the state-wide default speed limit from 30 to 25 Inph on local residential roads. Metro Cities supports design standards that result in slower 30 2009 Legislative Policies Transportation speeds on local roads. In the event of a uniform speed limit reduction, Metro Cities supports increased state funding for education and enforcement. V-N Speed Limits Surrounding City Parks and Schools At cities' or counties' discretion, Metro Cities supports a year round reduction of speed limits within 500 feet of any city and county parks and schools. V-O MnDOT Maintenance Budget With the passage of the transportation finance legislation, much of MNDOT's maintenance budget has been restored. However, it is likely that local units of government will continue be asked to maintain state-owned infrastructure. Metro Cities' supports MnDOT alleviating cities of the State's responsibility through the additional resources provided to MnDOT in the Transportation Finance legislation. We also support funding that allows the State to maintain its own infrastructure. V-P Transit Taxing District Metro Cities supports a stable revenue source to fund capital and operating costs for transit at the Metropolitan Council. The transit taxing district, which funds the capital cost of transit service in the Metropolitan Area through the property tax system, is inequitable. Because the boundaries of the transit taxing district do not correspond with any rational service line, cities in the taxing district and out of the taxing district are contributing unequally to the transit service in the Metropolitan Area. This inequity should be corrected. However, Metro Cities does not support the expansion of the transit taxing district without a corresponding increase in service. To do so would add another burden to property tax payers without a corresponding benefit. 2009 Legislative Policies 31 Transportation 32 2009 Legislative Policies Committee Rosters (VI) Housing & Economic Development Anne Norris (Chair), City Manager, Crystal Bonnie Balach, Consultant, Minneapolis Cecile Bedor, Planning & Econ. Dev., Minneapolis Gino Businaro, Councilmember, Chaska Tami Diehm, Councilmember, Columbia Heights Rick Getschow, City Manager, Hopkins Bryan Hartman, Program Manager, Bloomington Brian Heck, Administrator-Clerk, Shorewood Lee Helgen, Councilmember, St. Paul Jon Hohenstein, Comm. Dev. Dir., Eagan Schawn Johnson, Asst. to City Manager, New Brighton Tian Kleven, Councilmember, EDA Comm., Osseo teve Lampi, Mayor, Brooklyn Park R. Michael Leek, Comm. Dev. Dir., Shakopee Dean Lotter, City Manager, New Brighton Bruce Nordquist, Comm. Dev. Dir., Apple Valley Tammy Omdal, Deputy City Manager/CFO, Burnsville Samantha Orduno, Administrator, Dayton Terence Quigley, Councilmember, Shoreview Ron Rankin, Comm. Dev. Dir., Minnetonka Melissa Reed, Government Relations Rep., Minneapolis Robert Schreier, Dir. of Commun. Dev., Brooklyn Park Bob Streetar, Comm. Dev. Dir., Columbia Heights Wendy Underwood, Government Rel. Rep., St. Paul Craig Waldron, Administrator, Oakdale Pierre Willette, Government Relations Rep., Muuneapolis Liz Workman, Councilmember, Burnsville Metropolitan Agencies Chuck Haas (Chair), Councilmember, Hugo Susan Arntz, Administrator, Waconia David Beaudet, Mayor, Oak Park Heights Holly Dahl, Mayor, Lakeville 2009 Legislative Policies 33 Committee Rosters Cheryl Fischer, Mayor, Minnetrista Elizabeth Glidden, Councilmember, Minneapolis Tom Goodwin, Councilmember, Apple Valley Brian Heck, Administrator-Clerk, Shorewood Susan Hoyt, Administrator, Lake Elmo Schawn Johnson, Asst. to the City Manager, New Brighton Dean Johnston, Mayor, Lake Elmo Dan Kealy, Councilmember, Burnsville Matt Kline, Water Operator, Lakeland Larry Lee, Comm. Dev. Dir., Bloomington Thomas Link, Comm. Dev. Dir., Inver Grove Heights Terry Schneider, Councilmember, Minnetonka Pierre Willette, Govt. Relations Rep., Minneapolis Wendy Wulff, Councilmember, Lakeville Municipal Revenue & Taxation Marcia Glick (Chair), City Manager, Robbinsdale Clark Arneson, Asst. City Manager, Bloomington Patrick Born, Chief Financial Officer, Minneapolis Tom Burt, City Manager, Golden Valley Scott Cordes, Sr. Budget Analyst, St. Paul Charlie Crichton, Cowlcilmember, Burnsville HoIIy Dahl, Mayor, Lakeville Jim Dickinson, Administrator, Independence Lori Economy-Scholler, Chief Financial Officer, Bloomington Jerry Faust, Mayor, St. Anthony Village Walt Fehst, City Manager, Columbia Heights Susan Iverson, Finance Dir./Treas., Arden Hills Marv Johnson, Mayor, Independence Tom Lawell, Administrator, Apple Valley Dean Lotter, City Manager, New Brighton Kristi Luger, City Manager, Excelsior Linda Masica, Councilmember, Edina Mary McComber, Councilmember, Oak Park Heights Steve Mielke, Administrator, Lakeville Bruce Nawrocki, Councilmember, Columbia Heights Tammy Omda1, Deputy City Manager/CFO, Burnsville Calvin Portner, Asst. City Manager, Brooklyn Park Don Rambow, Finance Dir., White Bear Lake Gene Ranieri, IGR Director, Minneapolis Robin Rolaizd, Finance Dir., Farmington Ryan Schroeder, Adminish•ator, Cottage Grove Danna Elling Schultz, Councilmember, Hastings Continued... 34 2009 Legislative Policies Committee Rosters Steve Sinell, City Assessor, Eden Prairie Dick Woodruff, Councilmember, Shorewood Wendy Wulff, Councilmember, Lakeville Transportation & General Government Doug Anderson, (Chair), Mayor, Dayton Susan Arntz, Administrator, Waconia Janis Callisori, Mayor, Miruzetonka Scott Cordes, Financial Services, St. Paul Steve Elkins, Councilmember, Bloomington Dan Gustafson, Councilmember, Burnsville William Hargis, Mayor, Woodbury Tom Harmening, City Manager, St. Louis Park Sandy Hewitt, Councilmember, Plymouth Greg Hoag, Public Works Dir., Arden Hills Susan Hoyt, Administrator, Lake Elmo Gordon Hughes, City Manager, Edina Marvin Johnson, Mayor, Independence Schawn Johnson, Asst. to the City Manager, New Brighton Dean Johnston, Mayor, Lake Elmo Steve Lampi, Mayor, Brooklyn Park R. Michael Leek, Comm. Develop. Dir, Shakopee Linda Loomis, Mayor, Golden Valley Dean Lotter, City Manager, New Brighton Kristi Luger, City Manager, Excelsior Scott Lund, Mayor, Fridley John Maczko, City Engineer, St. Paul Mary McComber, Councilmember, Oak Park Heights Mark McNeill, Administrator, S1akopee Justin Miller, Administrator, Falcon Heights Mike Mornson, City Manager, St. Anthony Village Veid Muiznieks, Chief of Police, Newport Samantha Orduno, Administrator, Dayton Bud Osmundson, Dir. of Public Works/City Engineer, Burnsville Danna Elling Schultz, Councilmember, Hastilgs Ellsworth Stein, Airport Rel. Commission, Mendota Heights Dick Swanson, Councilmember, Blaile Wendy Underwood, Government Relations Rep., St. Paul Jon Wertjes, Director of Transportation Services, Minneapolis Ady Wickstrom, Councilmember, Shoreview Pierre Willette, Government Rel. Rep., Miruzeapolis Dick Woodruff, Councilmember, Shorewood Wendy Wulff, Councilmember, Lakeville 2009 Legislative Policies 35 Committee Rosters 36 2009 Legislative Policies II'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 DATE: November 5, 2008 TO: Honorable Mayor and Councilmembers P F,- .,,' FROM: Bonnie Burton, Finance Director/Treasurer RE: Annual Certification of Delinquent Utility Accounts CC: Brian W. Heck, City Administrator Discasssion TheCity Code provides for annual certification of delinquent utility bills against the properties served. A resolution is attached for City Council consideration. This resolution is considered and passed annually. The City's authority for certification of unpaid charges comes from Minnesota Statute 444.075: "Subd. 3e. Who may be charged; unpaid charges. The governing body may make the charges a charge against the owner, lessee, occupant or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected." Each property owner is given an opportunity to file an objection to this proposed certification of delinquent accounts. As part of the process, they may request a hearing in front of the City Council to explain why the account has not been paid. The City received a written objection and request for a hearing from the following person: Mro Ron Johnson, 5355 Shady Hills Circle, Shorewood, MN 55331. If any additional affected property owners are present at the meeting, and wish to appeal their delinquent charges, the City Council may also allow them to do so. Council Action Regacested After consideration of appeals that may be presented at the meeting, the City Council is requested to approve the attached resolution certifying delinquent utility charges to the 2009 property tax rolls. "l ~~~~ PRINTED ON RECYCLED PAPER d ~ g CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION DIRECTING DELINQUENT SEWER CHARGES, STORM WATER UTILITY CHARGES, WATER CHARGES, RECYCLING CHARGES, AND DRY HYDRANT CHARGES, BE PLACED ON THE 2009 PROPERTY TAX ROLLS WHEREAS, Shorewood City Code provides for the City to place delinquent sanitary sewer charges, water, storm water management utility charges, recycling charges, and dry hydrant charges, on the succeeding year property tax rolls for the specified properties; and, WHEREAS, the City Council has scheduled the consideration of the assessment of such charges and has caused notice of such assessments to be mailed to the affected property owners; and, WHEREAS, the Council has considered such charges at a regular council meeting and has made a determination that delinquent sanitary sewer charges, water, storm water management utility charges, recycling charges, and dry hydrant charges, exist for the specified properties set forth in Exhibits A, B, C, D, and E attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent sanitary sewer charges, storm water management utility charges, recycling charges, city clean-up charges, and hydrant charges, on the 2009 property tax rolls, payable in 2009, at eight percent (8%) per annum, against the specified properties as set forth in Exhibits A, B, C, D, and E. ADOPTED by the City Council of the City of Shorewood, Minnesota, this 10th day of November, 2008. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator/Clerk MUNIC CODE 26 LEVY NO 17244 EXHIBIT A SEWER PID NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-13-0007 397.34 02-180008-00 34-117-23-24-0034 324.87 02-945009-00 25-117-23-44-0056 639.03 04-705010-00 35-117-23-31-0054 254.87 10-025002-00 32-117-23-13-0044 357.36 10-027201-00 32-117-23-24-0032 358.39 10-027204-00 29-117-23-44-0037 254.87 10-045210-00 29-117-23-44-0030 383.44 10-045224-00 32-117-23-31-0013 416.40 10-110012-00 34-117-23-43-0039 414.85 10-125008-00 33-117-23-42-0001 428.57 10-170004-00 30-117-23-33-0026 331.41 10-255002-00 33-117-23-32-0031 414.95 10-260032-00 33-117-23-33-0057 425.35 10-260038-00 25-117-23-34-0025 414.98 10-270213-00 25-117-23-33-0036 470.10 10-270224-00 26-117-23-11-0012 248.28 10-280004-00 34-117-23-42-0019 470.10 10-300006-00 33-117-23-12-0025 357.36 10-320206-00 33-117-23-12-0010 357.36 10-320211-00 32-117-23-12-0008 470.10 10-330002-00 32-117-23-12-0002 428.00 10-330003-00 32-117-23-14-0065 427.10 10-397002-00 34-117-23-33-0029 254.09 10-425002-00 34-117-23-33-0039 354.97 10-425007-00 25-117-23-32-0023 414.95 10-485225-00 26-117-23-11-0050 428.55 10-550204-00 34-117-23-23-0035 382.61 10-555006-00 34-117-23-44-0025 165.09 10-570208-00 32-117-23-12-0024 428.40 10-605205-00 34-117-23-34-0023 389.93 10-607003-00 34-117-23-34-0021 395.71 10-607005-00 34-117-23-34-0020 396.76 10-607006-00 31-117-23-14-0008 470.10 10-635202-00 26-117-23-14-0011 427.74 10-685010-00 26-117-23-14-0033 470.10 10-685011-00 25-117-23-44-0049 414.17 10-705001-00 33-117-23-11-0048 254.87 10-745010-00 32-117-23-42-0001 427.69 10-770204-00 33-117-23-13-0003 357.36 10-775236-00 33-117-23-13-0018 237.60 10-775237-00 33-117-23-24-0006 414.95 10-775244-00 33-117-23-23-0014 240.53 10-775267-00 & 01 32-117-23-31-0024 208.90 10-775305-00 26-117-23-41-0027 254.87 10-780006-00 25-117-23-34-0022 428.53 10-780036-00 25-117-23-34-0012 414.95 10-780037-00 34-117-23-23-0043 416.57 10-872011 & 2012 34-117-23-23-0045 357.32 10-872013-00 32-117-23-11-0006 410.46 10-883201-00 32-117-23-11-0006 410.46 10-883202-00 33-117-23-21-0041 254.87 10-905002-00 33-117-23-22-0020 428.56 10-905010-00 33-117-23-22-0030 428.59 10-905018-00 32-117-23-14-0017 470.10 10-930205-00 33-117-23-44-0032 414.91 10-940202-00 33-117-23-43-0002 254.87 10-940208-00 31-117-23-13-0024 391.28 10-960211-00 34-117-23-32-0045 260.00 10-975212-00 33-117-23-33-0061 357.36 10-975243-00 TOTAL LEVY 17244 $ 22,533.85 MUNIC CODE 26 LEVY NO 17245 EXHIBIT B STORMWATER MANAGEMENT PID NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-13-0007 183.36 02-180008-00 34-117-23-24-0034 35.10 02-945009-00 25-117-23-44-0056 130.52 04-705010-00 25-117-23-32-0058 131.06 09-627206-00 35-117-23-31-0054 59.39 10-025002-00 32-117-23-13-0044 100.48 10-027201-00 32-117-23-24-0032 101.52 10-027204-00 32-117-23-13-0042 133.22 10-027205-00 29-117-23-44-0037 55.05 10-045210-00 29-117-23-44-0030 137.08 10-045224-00 32-117-23-31-0013 179.25 10-110012-00 34-117-23-43-0039 178.06 10-125008-00 32-117-23-34-0063 101.52 10-160001-00 33-117-23-42-0001 136.81 10-170004-00 30-117-23-33-0026 136.81 10-255002-00 33-117-23-32-0031 178.22 10-260032-00 33-117-23-33-0057 186.14 10-260038-00 25-117-23-34-0025 178.18 10-270213-00 25-117-23-33-0036 71.14 10-270224-00 26-117-23-11-0012 60.09 10-280004-00 34-117-23-42-0019 105.18 10-300006-00 33-117-23-12-0025 100.48 10-320206-00 33-117-23-12-0010 77.18 10-320211-00 32-117-23-12-0008 132.19 10-330002-00 32-117-23-12-0002 136.57 10-330003-00 32-117-23-12-0027 304.11 10-330009-00 32-117-23-14-0065 136.08 10-397002-00 34-117-23-33-0029 55.05 10-425002-00 34-117-23-33-0039 114.02 10-425007-00 25-117-23-32-0023 178.22 10-485225-00 26-117-23-11-0050 136.82 10-550204-00 34-117-23-23-0035 110.44 10-555006-00 34-117-23-44-0025 59.27 10-570208-00 32-117-23-12-0024 136.75 10-605205-00 34-117-23-34-0023 120.25 10-607003-00 34-117-23-34-0021 120.25 10-607005-00 34-117-23-34-0020 120.25 10-607006-00 31-117-23-14-0008 101.52 10-635202-00 26-117-23-14-0011 136.79 10-685010-00 26-117-23-14-0033 71.14 10-685011-00 25-117-23-44-0049 163.09 10-705001-00 33-117-23-11-0048 27.54 10-745010-00 32-117-23-42-0001 136.37 10-770204-00 33-117-23-13-0003 77.18 10-775236-00 33-117-23-13-0018 92.30 10-775237-00 33-117-23-24-0006 178.22 10-775244-00 33-117-23-23-0014 51.90 10-775267-00 & 01 32-117-23-31-0024 167.36 10-775305-00 26-117-23-41-0027 55.05 10-780006-00 25-117-23-34-0022 136.87 10-780036-00 25-117-23-34-0012 178.22 10-780037-00 34-117-23-23-0043 45.01 10-872011 & 2012 34-117-23-23-0045 38.61 10-872013-00 32-117-23-11-0006 60.16 10-883201-00 32-117-23-11-0006 60.16 10-883202-00 33-117-23-21-0041 27.54 10-905002-00 33-117-23-22-0020 136.82 10-905010-00 33-117-23-22-0030 136.95 10-905018-00 32-117-23-14-0017 101.52 10-930205-00 33-117-23-44-0032 178.17 10-940202-00 33-117-23-43-0002 71.84 10-940208-00 31-117-23-13-0024 134.07 10-960211-00 34-117-23-32-0045 77.18 10-975212-00 33-117-23-33-0061 84.74 10-975243-00 TOTAL LEVY 17245 $ 7,342.43 MUNIC CODE 26 LEVY NO 17246 EXHIBIT C RECYCLING PID NO. TOTAL PRINCIPAL ACCOUNT NO. 34-117-23-24-0034 24.38 02-945009-00 25-117-23-44-0056 65.57 04-705010-00 35-117-23-31-0054 26.82 10-025002-00 32-117-23-13-0044 26.82 10-027201-00 32-117-23-24-0032 26.89 10-027204-00 29-117-23-44-0037 19.13 10-045210-00 29-117-23-44-0030 39.22 10-045224-00 32-117-23-31-0013 72.97 10-110012-00 34-117-23-43-0039 72.02 10-125008-00 33-117-23-42-0001 72.12 10-170004-00 30-117-23-33-0026 72.12 10-255002-00 33-117-23-32-0031 72.17 10-260032-00 33-117-23-33-0057 78.48 10-260038-00 25-117-23-34-0025 72.17 10-270213-00 25-117-23-33-0036 35.28 10-270224-00 26-117-23-11-0012 21.44 10-280004-00 34-117-23-42-0019 44.58 10-300006-00 33-117-23-12-0025 26.82 10-320206-00 33-117-23-12-0010 26.82 10-320211-00 32-117-23-12-0008 35.28 10-330002-00 32-117-23-12-0002 71.82 10-330003-00 32-117-23-14-0065 71.32 10-397002-00 34-117-23-33-0029 19.13 10-425002-00 34-117-23-33-0039 49.07 10-425007-00 25-117-23-32-0023 72.17 10-485225-00 26-117-23-11-0050 72.17 10-550204-00 34-117-23-23-0035 45.87 10-555006-00 34-117-23-44-0025 20.60 10-570208-00 32-117-23-12-0024 72.02 10-605205-00 34-117-23-34-0023 52.17 10-607003-00 34-117-23-34-0021 54.39 10-607005-00 34-117-23-34-0020 54.83 10-607006-00 31-117-23-14-0008 35.28 10-635202-00 26-117-23-14-0011 72.11 10-685010-00 26-117-23-14-0033 35.28 10-685011-00 25-117-23-44-0049 74.27 10-705001-00 33-117-23-11-0048 19.13 10-745010-00 32-117-23-42-0001 71.64 10-770204-00 33-117-23-13-0003 26.82 10-775236-00 33-117-23-13-0018 32.07 10-775237-00 33-117-23-24-0006 72.17 10-775244-00 33-117-23-23-0014 18.04 10-775267-00 & 01 32-117-23-31-0024 66.09 10-775305-00 26-117-23-41-0027 19.13 10-780006-00 25-117-23-34-0022 72.17 10-780036-00 25-117-23-34-0012 72.17 10-780037-00 34-117-23-23-0043 31.26 10-872011 & 2012 34-117-23-23-0045 26.82 10-872013-00 32-117-23-11-0006 54.83 10-883201-00 32-117-23-11-0006 54.83 10-883202-00 33-117-23-21-0041 19.13 10-905002-00 33-117-23-22-0020 72.15 10-905010-00 33-117-23-22-0030 72.23 10-905018-00 32-117-23-14-0017 35.28 10-930205-00 33-117-23-44-0032 72.11 10-940202-00 33-117-23-43-0002 27.60 10-940208-00 31-117-23-13-0024 38.67 10-960211-00 34-117-23-32-0045 19.51 10-975212-00 33-117-23-33-0061 35.28 10-975243-00 TOTAL LEVY 17246 $ 2,832.73 MUNIC CODE 26 LEVY NO 17247 EXHIBIT D .DRY HYDRANT PID NO. TOTAL PRINCIPAL ACCOUNT NO. 30-117-23-33-0026 205.89 10-255002-00 TOTAL LEVY 17247 $ 205.89 MUNIC CODE 26 LEVY NO 17248 EXHIBIT E WATER PID NO. TOTAL PRINCIPAL ACCOUNT NO. 33-117-23-13-0007 177.06 02-180008-00 34-117-23-24-0034 254.61 02-945009-00 25-117-23-44-0056 333.20 04-705010-00 TOTAL LEVY 17248 $ 764.87 From: RON R JOHNSON [mailto:deeneldaj@msn.com] Sent: Sunday, October 19, 2008 10:21 AM To: Michelle Nguyen Subject: No Delinquent Sewer Utility Account for PID #25-117-23-44-0049. RON JOHNSON October 19, 2008 5355 Shady Hills Circle Shorewood, MN 55331 952-474-8171 Michelle Nguyen City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 Re: No Delinquent Sewer Utility Account for PID #25-117-23-44-0049. Dear Ms. Nguyen: I have your 10/17/08 demand. As your office has been aware of since 1994, I'm not delinquent as you allege; never, ever have been. First, Shorewood owes me for the no cost to the City (windfall) sump pump surcharges on this account accrued since 1996. On January 28, 2008 the City Council amended the ordinance provision to comply with my 4t~' Amend. rights after the Mayor received a letter from the American Civil Liberties Union (ACLU) dated 1/17/08. The ACLU cited recent federal court rulings outlawing the practice, same as Shorewood's, based on 1967 law the City knew or should have known of when it enacted the surcharge provision. Government must comply with federal constitutional law. Ignorance or neglect is no excuse. Shorewood learned the cities of Little Canada and Vadnais Heights faced a similar I & I situation as Shorewood and, upon realizing the surcharge was unconstitutional, those cities made refunds, with interest. Indeed, Joel Hanson, Administrator for Little Canada last week copied Shorewood's Administrator, Mr. Heck on such course of restitution. Simply put, Shorewood has violated my federal civil rights by not doing likewise in equal treatment. Indeed, shortly after being elected, Councilman Wellens told the City Council in public meeting that the City's demand and surcharge practice violated the 4tn Amend., a red light the City drove through. Second, Shorewood has for years charged me storm water maintenance fees while forcing me to individually clean-up continually approximately one half (1/2) mile of open public storm sewers the City put onto my private property. Simply stated, that is unconstitutional because government created a situation where one citizen is burdened alone for benefits to the public at large, i.e., again unequal treatment under the 14t~' Amend. Last week Mr. Heck visited the property, observed the sewers, and inquired as to the amount of room provided by City easement for City maintenance; a question I couldn't answer. He was unable to locate the (alleged) easement; despite my many requests, the City so far has not produced any easement document for the property. Based on the foregoing, I respectfully object to your 10/17/08 demand and assert violations of my federal civil rights under Title 42 of the United States Code, Chapter 1983 for lack of City restitution. Sincerely, /s/ Ron Johnson I look forward to your prompt response. Thank you. C: Mr. Heck Councilman Wellens I look forward to your prompt response. Thank 'T 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 DACE: 4 November 2008 RE: Tax Forfeit Parcel -Howard's Point Road FILE NO. 5440/5460 Howard's Point Road Helmepin County Taxpayer Services has forwarded a notice of tax forfeiture for a parcel of land located on the west side of Howard's Point Road, between the lots at 5440 and 5460 Howard's Point Road (see Site Location map -Exhibit A, attached). The subject property is a small strip of land, containing approximately .08 acre (3687 square feet), that was previously owned by the owners of 5525 Howard's Point Road, just down the street. These owners sold the parcel across the street, but retained ownership of the subject property, before letting it go to tax forfeiture. Tax forfeited property is offered to the City, which has three options for disposing of it: l) the City can keep the property for a legitimate public purpose (e.g., right-of--way, conservation or recreation open space, drainage, etc.); 2) the City can approve the parcel for public auction; or 3) the City can approve the parcel for auction to adjacent owners. In this case, staff suggests that the third option be chosen -the parcel should be approved for auction to adjoining owners. The size of the property makes it unusable for a public purpose, and it makes no sense for someone other than an adjoining property (i.e., the property to the south) to own it. Both of the adjoining lots are substandard relative to their R-lA/S zoning. In fact the lot at 5460 is lacking area as well as width (.25 acre and 70 feet wide at the lake building line). The lot to the north is legally combined with the property across the street (5465 Howard's Point Road). By itself, it is also lacking area as a separate parcel. The conformity of either parcel is improved by the addition of the subject parcel. It is worth noting that since the parcel has frontage on a lake, the DNR gets first chance at it, although the small size suggests no practical public use of the site. A draft resolution offering the property for auction to the adjoining property owners is attached for your consideration at Monday night's meeting. If you have any questions relative to this matter, please contact me prior to the meeting. Cc: Brian Heck Tim Keane ss ra a® PRINTED ON RECYCLED PAPER i ~. ~ 0 3~- GOVT SOT I 748,81 RES 9~, ~. ~~s. 9 0 ~0 13 i i i ss a ~ (20) M o u4) 166 ~ ~ i~ i ~ ~ ~' , / ti i ~ i ~ ~ 90 ~ ~ ' MC 71 ~z'.! 723~2Lt-lf C1A1 (1 -----------~----------------------- 95 --- - ------------- t CI (l o ~ s3 ~, - ---- ;° ~ I ~ o ~ ° _ ---- ---- -- - ~ (2) c ~. r , , ~: a. ~ ~ ~ ~"~ 8 ~ ~~' ~~ ~ c b . - ~ ~ (4)P a ~ ~~, a 2gl ' '89.i ~- - 13 3.6 2 ~ °M ~ ~ -' (3 ) '..~ ~ .N 1 p, Pte. ~ ~ - 22.35 u 993.33 ' 81.2 ~/q° 957.17 0 08 %p. ~ ° '.i6 LOT A ~ O~ 3 ~ m' v '~E (14) (7) ~ ~o~ '~ ' f Cj'f~~. 3.3 `° ~ (~~ 4 ~ ° (12) eJ ~ 8 48 75 75 27 9 ~°~ ~~ ~~ ~ 0 M \t\ \ ~ 1~ M ~ \/// O ~ (L~ ~ L ~ 7 '- ` c - m 6 ~' ~ 5 n ~ ~ ~ ' ,~I.~ ~Ga ~ ~ ~~ A'r ~~; 104.5 s ° ' ° ~~ ` IIt6.43 S89 03 30 E R=184.9 98 --- --~- ~ ,8 3 ~=33°O4';~ 21 O.SS ~ 213 190 380.13 300.04 53.83,\ (13) V~~ 0 2S 3 68. N ~v P ' °~ ~ 2'f ` 6 w ~ ~L/ L` ~ R` 2 M ~ A ; - ~ U l1 lnJ U ~, ~ ~ ~ 8o9j ;M loo ~.~ .L-'~i~l-~ ~ v p : 33 o (13) ~- (14) N ~~ _ .72.: w m 17 ~ N t' i; 7g•68 0 ~ 234.38 . 'ry"~`/G~? 6' 52 .,. /992 S ^ ~ o ~ `589° 03'30'E h~ (II) N (12) ~ ° ^'i co 9 ° ~' ° _ id ~ ~,w3 N z 33 I (o) 61.21 180 ~ ,~ ` \~:y _ 0 90 90 85.95 ~" ~ ~ ~ ~2 97y ~ (IU 143 123.56 82.25 vi '~ ~ (~) f~-' ~ OUTLOT I 200 ~ ~J ~ (15) ,n 220 o 0 433.69 - 54 .88 (9) 0 - ~ j r~, ,<?_71 Q o 3 0 (`, ~~"] `J ! ~ Z ~ ,.4:'~ ` ~ t r B ~ ~ ~ o ~ o N (lo) N - ~,;~~~~- - // j~ //~ /J Qy36 e / ~ L•/ (II) N (12) °', `" (13) ~ N i E ~`a., 6; (7) M M, 220 `1r' 47.23 F. Exhibit A Q ° ~ N D s~ ~6°0 2jS „ I nU ' O ~j N ~7 ~' Ij 8 ° "' EAST ^~~,~~pr~ 5 2 280 df` I J ~J ,~~ ~~ ~3 9R0 300 ~ ~,~.., ~ ~°~~ ~ .,.,~ _- ~- c r+~'' is ~, _ . _, ~, c ~ ~ ~ ~ `. ~ ~~ _ . ~~4 ..+- _ - c U S n a ~ L a G- c z '~' ~ T ~.~ , ~. ~ ~ , ~ v ~: t ._ .-: ~~ +. y.7 v., ~~ d~ T a , ,z' - r '~^ ~ _ ,~.,. A ~~99 ~~ LdJ ~ - f /', ~( ,~ . ~ ,r..~- _ iy-Y~ ~s W . ~~1 ~ r ~ V +' ( ~.. iF' A:z ~,~~s ~_` mss" ~'~'"` Exhibit B CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION CONCERNING A CERTAIN TAX-FORFEITED PARCEL LYING WITHIN THE CITY AND APPROVING IT FOR SALE TO AN ABUTTING OWNER WHEREAS, The City Council is the official govenling body of the City of Shorewood, and WHEREAS, the County of Heimepin has sent to the City a Conservation/Non- Conservation Classification List 1450 C/NC containing one parcel which has been forfeited to the State of Miiulesota for nonpa}nnent of property taxes: PID # 31-117-23-11-0004 dVHEREAS, the County of Hennepin has requested the City to affirm the nonconservation classification of the lands; to either request a conveyance of said lands to the City for public use, approve the sale of the lands to abutting owners, or approve the public auction of the lands; and to provide other certification with respect to the property; and WHEREAS, the subject parcel is not required by the City for public use; and WHEREAS, the subject parcel is a vacant lalceshore parcel, the substandard shape and dimensions of which make it unbuildable as a separate parcel; NOW THEREFORE SE IT RESOLVED by the City Council of the City of Shorewood as follows: 1) The nonconservation status of the above parcels is affirmed. 2) The City does hereby approve the parcel at PID # 31-117-23-11-0004 for sale to the adjoining property owners}; and 3) The above-described parcel is not, to the City's knowledge, a) land designated as a mining unit or subject to a mining permit or lease; b) land located within the boundaries of a state park; c) land containing substantial deposits of peat; or d) non-forested marginal land or wetland. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of November, 2008. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk -2- 1 ~' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council ~ FROM: Brian Heck, City Administrat t , ,~ DATE: November 6, 2008 SUBJECT: Employee Recognition Awards The Council established the annual Employee Appreciation dinner for December 5, 2008 at the Minnetonka Country Club. As part of the dinner, staff recommended providing years of service awards for employees. A proposed list was presented to the Council at the October 27 council meeting. Council directed the staff committee to revise the service awards to eliminate the time off portion and also to add an award starting at 5 years of service. The Committee met and went over the issue and is recommending two possible options provided below: Appreciation Event Option A Option B years of service Certificate award award 5 year $50 gift card $25 gift card 10 year yes $100 gift card $50 gift card 15 year yes $100 gift card $75 gift card 20 year yes $200 gift card $100 gift card 25 year yes $125 gift card 30 year yes $200 gift card $150 gift card 35 year yes $175 gift card 40 year yes $200 gift card $200 gift card Recommendation: after reviewing the two o ptions, I recommend the Council adopt the schedule as presented in Option B and authorize appropriate funds to provide the cards in 2008 and include necessary fund s for the 2009 budget. ®, = ~a p® PRINTED ON RECYCLED PAPER °~'~' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8.927 ®(952} 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council A FROM: Brian Heck, City Administrator. DATE: November 6, 2008 ,t~ ` ~/ SUBJECT: City Requested Special Facilities Surcharge It is my understanding as part of the County l9 project, the utilities were relocated underground. As a part of this process, the City passed a resolution to charge back the cost under what is referred to as a City Requested Special Facilities Surcharge (CRFS) and passed a resolution based on rates provided by Xcel Energy. Earlier this fall, Xcel Energy notified the city the rate used did not conform to the Tariff filed with the Minnesota Public Utilities Commission. The original rate established ranged from $1.00 for low income residential to a high of $5.00 for large commercial / industrial. The surcharge was based on collection over 22.11 months. The Tariff does not allow for a CRFS over $1.00 for residential customers for a collection period of less than 36 months. The regular residential rate was $1.25. As a result, the schedule had to be revised. The new schedule lowered all the related surcharges and extended the collection period from 22.11 to 28.10 months. Attachment A is the Schedule. Staff recommends passage of the Resolution amending the rates. o~ ~®~® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO.08- A RESOLUTION AUTHORIZING A MONTHLY SURCHARGE TO XCEL ENERGY RATEPAYERS IN SHOREWOOD FOR THE PLACEMENT OF ITS FACILITIES UNDERGROUND FOR THE COUNTY ROAD 19/SMITHTOWN ROAD/COUNTRY CLUB ROAD INTERSECTION IMPROVEMENT PROJECT WHEREAS, the facilities of Xcel Energy were placed underground as part of the County Road 19/ Smithtown Road/Country Club Road intersection improvement project during 2005-2006; and WHEREAS, the difference in the cost between placing utilities underground and replacing them overhead is not borne by Xcel Energy, but a determination by the City Council as to the source of revenue to pay this difference in cost; and WHEREAS, the City Council may authorize that this cost be paid by a surcharge by Xcel Energy on all of its ratepayers within the City; and WHEREAS, the City Council has reviewed the proposed terms of the surcharge as follows, Excess Ex endtures = $79,500 Customer Class Customers Surcharo~el1> Months. Recove Residential 2,785 $1.00 28.10 $78,248 Res Low Income 12 $1.00 28.10 $337 Small C&I ND 149 $1.00 28.10 $4,186 Small C&I 39 $3.00 28.10 $3,287 Large C&I (over ~ Mvv) 4 $4.00 28.10 $450 Street Lighting 10 $1.00 28.10 $281 Sm Mun Pump ND 18 $1.00 28.10 $506 Small Mun Pump 2 $3.00 28.10 $169 Lar a Mun Pump 0 $4.00 28.10 $0 Total 3,019 $87,463 Total Carrying Charges included in recovery amount~1 $7,963 Adjustment possible in final months of recovery period for more precise cost recovery. Monthly carrying charge of 0.9983% applies to outstanding balance, equal to compounded rate based on 8.81 % overall rate of return from the last general rate case (2005) and 3.85% tax factor. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that it authorizes the above monthly surcharge schedule for Xcel Energy ratepayers within Shorewood for the County Road 19/Smithtown Road/Country Club Road intersection improvement project. ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SHOREWOOD this 10th day of November, 2008 Christine Lizee, Mayor ATTST: Brian Heck, City Administrator/Clerk rCl~(l~CnrU~(n~~ C7 c~ ~ ~ ~ cQ ~ ~ ~ ~ N m ~~~-~ ~~o m ~ z ~ -moo -moo ~ v ~~~~ ~o ~ ~~~~ m vi ~ z 0 c O ~I N N O ~I N O N O U1 U~ U~ O U~ U~ O Gf~ ~ N N N N N N N N N N N N N N N N N N ~ ~ ~ -~ 00 N N E 00 N N N ~ O N ~l ~1 O N~ N~ _ to CO O O Ul O O -~ O rt O 000000000 0 0 0 0 0 0 0 0 0 I~ N N N N N N N N N 0 0 0 0 0 0 0 0 0 Efl {~ ~ -~ Efl {y9 4fl -~ {~ Efl ~ Efl ~ -~ OJ N N -~ 00 N N N n N~ 00 00 N A W 00 00 N .A W ~ .~ .p W ~ ~ .~ r+ 000000000 r+ O r-. O r v 'n Z rn C7 ~av ~ `D ~~oo~'~o ~ o ~~ c n 0o iw :A :~ 0 w :p m :~ < ~ ~ ~ cn maw cn co rn o rn c~ a~ c~ 0 a D m z 1. i ~' SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council '- ~ FROM: Brian Heck, City Administrator ~ ~~ _._ _~-' { DATE: November 6, 2008 ~ ~,~ SUBJECT: City Attorney The city council met on Wednesday, November 5, 2008 and interviewed four attorney firms to serve as the city attorney. The council interviewed the following firms: Campbell Knutson; LeVander, Gillen, and Miller; Kennedy and Graven; and Malkerson, Gilliland, and Martin. The council recommended the appointment of Kennedy and Graven to serve. as city attorney for Shorewood. Recommendation: to appoint Kennedy and Graven as the firm to provide legal services to the City as described in their proposal and addendums, with Mary Tietjen serving as the City Attorney and that the appointment is effective January 1, 2009. ®f ~®~® PRINTED ON RECYCLED PAPER 6 p- fop g CITY OC -~ 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: Brian Heck, City DATE: November 6, 200 SUBJECT: Southshore Center Lease The five communities of Shorewood, Excelsior, Deephaven, Tonka Bay, and Greenwood worked together to create the Southshore Community Center 12 years ago. Over the past couple of years, the operation of the Center experienced shortfalls resulting in additional funds allocated to the Center by the member communities. The member communities formed a task force to evaluate the operation of the center and to work out a way to continue the operation of the facility and its programs without continued financial support by the member communities. The task force met several times and worked out an amended lease proposal with the Friends of the Southshore Community Center. The amended lease clarifies responsibilities for insurance, maintenance, and capital repairs and improvements. A new partnership between the Friends of the Southshore Center and Minnetonka Community Education will continue the existing programming and expand MCE program offerings to the participating communities through the Southshore Center. The end result is an agreement that provides for the long term maintenance of the asset and viability of programming without additional dollars provided by the cities to support the programming. Additional dollars provided by member communities will go to support the shared asset; the building. Mayor Chris Lizee served on the committee that worked out the amended Lease agreement. The committee also worked on an amendment to the Cooperative Agreement, the governing document for the construction and operation of the facility. The amended Cooperative Agreement will be presented at a future council meeting for consideration. Other Committee members included, Deephaven Mayor Paul Skrede, Greenwood Mayor Bob Newman, Tonka Bay Council member Gerry DeLaVega, and Excelsior Council member Greg Miller. The Committee recommends the adoption of the Third Amendment to the Lease as provided in the packet. ~®a® PRINTED ON RECYCLED PAPER ~~iG LEASE THIS LEASE, made this day of , 1996, between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood, and the City of Tonka Bay (the "Cities"), operating under that certain Cooperative Agreement for the Southshore Senior/ Community Center dated March 4, 1996, hereinafter collectively referred to as "Landlord," and The Friends of South Lake Minnetonka Senior Community Center, a Minnesota nonprofit corporation with tax-exempt status pursuant to §§ 170(c)(2) and § 501(c)(3) of the Internal Revenue Code of 1986, hereinafter referred to as "Tenant." RECITALS WHEREAS. the Cities desire to provide a Center for use by senior citizens for education, cultural participation, socializing, recreation, arts, crafts, music and similar programs of enrichment; and WHEREAS, the Cities desire that the Landlord undertake its best efforts to make the Center widely available to all citizens and residents; and WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of senior citizens; and WHEREAS, the Cities desire to provide a facility to be used by citizens for municipal use, community organizations, meetings, banquets, receptions, reunions and similar public and private activities; and WHEREAS, the Cities desire to combine their resources to ensure the development, construction, and completion of the Center. NOW, THEREFORE, the parties do hereby agree and covenant as set forth below: IN CONSIDERATION OF the mutual covenants and promises as hereinafter set forth, the parties agree as follows: 1. Premises. Landlord hereby leases to Tenant and Tenant takes from Landlord, subject to the terms and conditions of this Lease, a building and land situated at 5735 Country Club Road, containing approximately 26,000 square feet of space and legally described on Exhibit A attached hereto ("Premises"), together with a permanent easement for the non- exclusive use of forty-seven (47) parking stalls, entrances, restrooms and exits adjacent to the Premises, all of which are located on a parcel of land hereinafter referred to as the "Property." 2. Term. The term of this Lease shall commence on the date of the issuance of the Certificate of Occupancy ( 1996) ("Commencement Date") and shall terminate on the earlier of (i) the twenty-fifth (25th) anniversary of the Commencement Date; or (ii) the mutual agreement of Landlord and Tenant that the useful life of the Premises has expired. The Term may be extended by the Tenant for up to four (4) successive periods of five (5) years each commencing upon the expiration of the Term. If Landlord and Tenant disagree as to 5534090v1 whether the useful life of the Premises has expired, the disagreement shall be determined by Dispute Resolution in accordance with Article 34 herein. The Lease may be terminated upon the occurrence of any of the following: (1) insolvency or dissolution of Tenant; or (2) the decision to terminate approved in writing by two-thirds of the Cities. Written notice of termination shall be provided to each of the Cities and to the Tenant, thirty (30) days in advance of the effective date of such termination. 3. Nature of Occupancy. Tenant shall use the Premises for use by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall also be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. The Premises are leased for the operation of a senior/community center or such other purpose as Landlord agrees to in writing and which shall be allowable under applicable zoning and use restrictions of the City of Shorewood, County of Hennepin, State of Minnesota. Tenant shall obtain prior approval from the City of Shorewood or its designee before scheduling events in which the occupancy of the Premises exceeds one hundred (100) persons. 4. Rent. Tenant agrees to pay to Landlord as rent for the Premises a yearly rental of One and 00/100 Dollars ($1.00), which rental shall be payable in advance on the Commencement Date and each anniversary of the Commencement Date during the term of this Lease. 5. Taxes and Assessments. As additional rent, Tenant shall pay all of the real estate taxes and special assessments levied against the Property and any other taxes levied against the Property which shall become due and payable during the term of this Lease. In addition, Tenant shall pay any personal property taxes and all other taxes or charges levied or assessed against Tenant or the personal property or fixtures owned by Tenant. 6. Utilities. As additional rent, Tenant shall pay all the charges for all public utility services rendered or furnished to the Premises, including, but not limited to, heat, air conditioning, water, gas, electricity and sewer, garbage or waste removal, telephone and any other expenses arising out of or incidental to the use and occupancy of the Premises. 7. Insurance. As additional rent, Tenant agrees to provide and keep in force during the term of this Lease the following insurance coverage: (a) Fire and all risk insurance in some insurance company or companies authorized to do business in the State of Minnesota in an amount not less than the full insurable value of the building and other improvements on the Premises, and in any event with an agreed value endorsement, and to keep such insurance in full force and effect for and during the time any buildings and improvements are located on the Premises during the term of this Lease. The coverage shall include all risks commonly insured against by prudent institutional investors for properties similar to the Premises in the Minneapolis area. For the purpose hereof "Full Insurable Value" shall mean the replacement cost of the 5534090v1 2 improvements without allowance for depreciation, but excluding footing, foundations, and other portions of improvements which are not insurable. Such policy or policies shall insure Landlord, Tenant, and any tenants and subtenants of any portions of the building not occupied by Tenant. (b) Public liability and property damage insurance with limits of not less than $1,000,000.00 for injury and death to any one person, and $3,000,000.00 for injury or death in any one accident or occurrence including property damage, insuring Landlord and Tenant, and with across-liability endorsement covering claims by an insured against another insured. Ali policies required by this paragraph shall be carried in such companies as reasonably approved by Landlord and Tenant. All such policies shall not be subject to cancellation or material modification except after thirty (30) days written notice to Tenant, Landlord and Landlord's mortgagee, if any, and each policy shall so provide. All policies required hereunder shall be obtained by Tenant. Tenant shall not carry any stock of goods or do anything in or about the Premises which will impair or invalidate the obligation of any policy of insurance on or in reference to the Premises or the building. Tenant agrees to pay upon demand, as additional rent, any increase in premiums for insurance that may be charged during the term of this Lease on the insurance to be carried by Tenant on the Premises or the building, resulting solely from any increased risk associated with the business carried on in the premises by Tenant or materials stored therein or uses made thereof. As and if required due to failure of Tenant to act, Landlord shall purchase all insurance as set forth in this Lease. Tenant shall immediately reimburse Landlord for the cost of said insurance. Tenant shall make monthly payments in an amount which is sufficient to pay the next annual insurance premium when said premium is due. Landlord shall not be required to pay any interest on amounts escrowed pursuant to this provision. 8. Repairs, Maintenance and Alterations. Tenant agrees to maintain the Premises in good order, condition and repair during the term of this Lease, including plowing and maintenance of the parking area referred to in Paragraph 1 above. Tenant shall repair or replace at its own expense any improvement or part thereof on the Premises necessary to so maintain it, and to return the Premises at the end of the term of this Lease in the same condition as it was received, reasonable wear and tear, casualty losses and acts of God excepted. Any improvements, expansion or structural modifications made by the Tenant to the Premises shall become the property of the Landlord at the termination of the Lease. 9. Compliance with Laws and Regulations. Tenant shall comply with all statutes, ordinances, rules, orders, regulations and requirements of all federal state, city and local governments and their agencies. 10. Signs. Tenant shall have the right to install and maintain signs advertising Tenant's business, provided the signs conform to law and to the requirements of all appropriate 5534090v1 3 governmental authorities and are located in areas designated by Landlord and the design, size and color of said signs are approved by Landlord in its reasonable judgment. 11. Eminent Domain. If the Premises, or so much of the Premises as to render the remainder unsuitable for Tenant's purposes, is taken by any public authority under its power of eminent domain, or by private purchase in lieu thereof, then this Lease shall terminate upon the date possession of the Premises is surrendered. All damages and awards shall be made to the Landlord. If less than the entire Premises is taken and Tenant's business is not interfered with thereby, Landlord shall restore or rebuild the remaining portion to render it reasonably suitable for Tenant's purposes, and this Lease shall continue for its full term. Nothing in this paragraph, however, shall be construed to permit the abatement in whole or in part of any charges or obligations of Tenant. 12. Destruction of Premises. Tenant shall give immediate notice to Landlord of any damage to or destruction of the Premises. If the Premises are either totally or partially destroyed by fire or other casualty, the Lease shall terminate unless otherwise agreed to in writing by Landlord. 13. Subleasing or Assignment. Landlord reserves the right to assign this Lease at any time. Tenant may sublease, sell, assign or transfer any part of its interest in this Lease or its term only with the prior written consent of Landlord. In any event, upon the making of a sublease or assignment of its interest, Tenant shall remain liable on all its obligations hereunder unless expressly released therefrom by written notice signed by Landlord. 14. Default. The following shall each be deemed to constitute a default by Tenant and a breach of this Lease: (a) Failure to pay when due the rent or any part thereof, provided in Paragraphs 4 through 7. (b) Failure to perform all other terms, covenants and conditions of this Lease required to be performed by Tenant, within ten (10) days after notice of breach and request for performance is given by Landlord. (c) The abandonment of the Premises by Tenant, the adjudication of Tenant as a bankrupt, the making by Tenant of a general assignment for the benefit of creditors, the taking by Tenant of the benefit of any insolvency act or law, the appointment of a permanent receiver or trustee in bankruptcy for the property of Tenant, or the appointment of a temporary receiver which is not vacated or set aside within sixty (60) days from the date of such appointment. (d) Failure of the Tenant to use the Premises as provided in Paragraph 3. 15. Termination for Default. In the event of default by Tenant, Landlord shall have the right to cancel and terminate this Lease without notice and to institute appropriate proceedings to recover possession of the Premises. This right is in addition to and cumulative of any other right or remedy Landlord may be given under this Lease or by applicable law. Landlord may recover possession of the Premises without terminating this Lease. Failure or 5534090v1 4 refusal of Landlord to terminate this Lease in the event of default shall not be deemed to be a waiver of its right to terminate this Lease at any time for said default or any subsequent default by Tenant. 16. Delinquent Rental and Other Charges. Notwithstanding any other remedy which Landlord may pursue, if Tenant defaults, in whole or in part, in the payment of rent, taxes, assessments, utilities, insurance, or any other charges, Landlord may obtain judgment for any unpaid rentals and other charges which have become payable, or which may thereafter become payable; Tenant agrees to reimburse Landlord for all costs and expenses, including reasonable attorney's fees, incurred by Landlord in collecting such rent and/or other charges. 17. Breach of Covenants. Notwithstanding the existence of any other remedy which Landlord may pursue, if Tenant defaults in any of its obligations arising out of this Lease, Landlord shall have the right to pay said obligation and Tenant hereby agrees to reimburse Landlord for all costs and expenses, including reasonable attorney's fees, incurred by it in protection of its interest hereunder, and Tenant agrees to pay interest at the rate of ten percent (10%) per annum to Landlord on all costs and expenses incurred, commencing with the date of notice to Tenant of Landlord's discharge of any of its obligations. 18. Indemnification. The Tenant agrees to indemnify and save harmless the Landlord from any and all claims by and on behalf of any persons, firms or corporations, arising from the conduct or management of, from any work or thing whatsoever done by or on behalf of the indemnifying party in or about, or its activities upon or occupancy of, the Premises during the term of this Lease, and will further indemnify and save the other party harmless against and from any and all claims arising from any breach or default on the part of the indemnifying party in the performance of any covenant or agreement on the part of such indemnifying party to be performed pursuant to the terms of this Lease, or from any violation or failure to comply with any law, ordinance or regulation, or from any act or negligence of such party, or any of its agents, contractors, servants, employees, licensees, or invitees or arising from any accident, injury or damage whatsoever caused to any person, fur or corporation, occurring during the term of this Lease, in or about the Premises, or upon or under the sidewalks and the land adjacent thereto, and from and against all costs, reasonable and necessary counsel fees, expenses and liabilities incurred in or about .any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the one party by reason of any such claim, the indemnifying party upon notice from the indemnified parry covenants to contest or defend such action or proceeding by counsel reasonably satisfactory to the indemnified party. 19. Quiet En~oyment. Landlord covenants that Tenant, upon payment of rent and all other sums due Landlord and upon performance by Tenant of the terms, conditions and covenants of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the entire term of this Lease; Landlord further covenants that it has good right to make this Lease for its entire term. 20. Right of Inspection. Landlord shall at all times have the right to enter upon the Premises to inspect its condition, and at its election, to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require Landlord to make such repairs, and Landlord shall not be liable to Tenant, or any other 5534090v1 5 person or persons, for failure or delay in making said repairs, or for damages or injury to person or property caused in or by the making of such repairs, or the doing of such work. Landlord shall have the right during the last sixty (60) days of the term of this Lease to advertise the Premises for rent and to place and maintain on the Premises the usual notices and to show the Premises to prospective tenants. 21. Notices. All written notices required shall be given by certified mail to the parties at the addresses stated below: If to Landlord: City Clerk City of Deephaven 20225 Cottagewood Road Excelsior, MN 55331 City Clerk City of Excelsior 339 Third Street Excelsior, MN 55331 City Clerk City of Greenwood 20225 Cottagewood Road Excelsior, MN 55331 City Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 City Clerk City of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 With a copy to: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Ave. S. Bloomington, MN 55431 Attn: Timothy J. Keane, Esq. If to Tenant: The Friends of South Lake Minnetonka Senior Community Center Ben Withhart 10709 Wayzata Blvd, Suite 111 Minnetonka, MN 55305 5534090vi 6 22. Subordination. Tenant hereby agrees that this Lease shall be subordinate to the lien of any mortgage hereinafter imposed upon the Premises by Landlord. Tenant also agrees to execute an estoppel certificate in reasonable form and substance if requested by Landlord or any mortgagee with respect to this Lease. 23. Holding_Over. Upon termination of this Lease, Tenant shall vacate the Premises. If Tenant continues in possession of the Premises after termination, the tenancy of Tenant shall be from month to month only, and all other terms and conditions of this Lease shall remain in full force and effect. 24. Binding Effect. Except to the extent otherwise provided herein, this Lease and the terms, conditions and covenants contained herein shall be binding upon and inure to the benefit of Landlord and Tenant, and their respective successors, heirs and legal representatives and assigns. 25. Governing Law. This Lease shall be construed under and governed by the laws of the State of Minnesota. 26. Severability. In the event any provision of this Lease shall be found invalid or unenforceable, that provision shall be severed from this Lease, and the remaining portions hereof shall continue in full force and effect pursuant to their terms. 27. Entire Agreement. This Lease contains the entire agreement between the parties, and any amendment hereafter made shall be ineffective to alter, modify or discharge any provision hereof unless the amendment is in writing and signed by the party against whom enforcement is sought. 28. Attorneys' Fees. If Landlord has to enforce any term or provision of this Lease, including but not limited to any unlawful detainer proceeding, Landlord shall be paid its reasonable attorneys' fees, costs and disbursements by Tenant and said monies shall be deemed additional rent due under this Lease. 29. Rent. All monies due from Tenant under the terms and conditions of this Lease shall be deemed to be additional rent due under this Lease. 30. Tenant Improvements. Any improvements made by Tenant to the Premises, except trade fixtures, shall become the property of Landlord at Landlord's option at the termination of the Lease. If Landlord does not choose to own said improvements at the termination of the Lease, Tenant shall remove said improvements at Tenant's sole cost and expense. 31. Net Lease Intended. It is the intention of the parties that Landlord shall receive the cash rental specified herein as net rental, free from ali taxes, charges, expenses, damages and deductions of every description, except as set forth herein. Under no condition shall the Landlord be required to make any payment of any kind whatsoever or be under any obligation or liability hereunder, except as herein expressly set forth. 5534090v1 7 32. Waste; No Liens. Tenant agrees not to do or suffer any waste to the Premises, or cause, suffer or permit any liens to attach to or to exist against the Premises by reason of any act or omission of Tenant or persons claiming through Tenant or by reason of its failure to perform any act required of it hereunder and Tenant shall not permit the Premises to be used for any illegal purpose. Provided, however, Tenant shall not be required to pay or discharge any lien against the Premises so long as Tenant has given Landlord notice of its intent to contest such lien and Tenant is in good faith contesting the validity or amount thereof and has given to Landlord such security as Landlord has reasonably requested to assure payment of such lien and to prevent the sale, foreclosure or forfeiture of the Premises by reason of non-payment. On final determination of the lien or claim of lien Tenant shall immediately pay any judgment rendered, and ail costs and charges, and shall cause the lien to be released or satisfied. Tenant shall not use or permit the use of the Premises in any manner which would result or would with the passage of time result in the creation of any easement or prescriptive right. Tenant shall not use or occupy the Premises, or knowingly permit them to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other insurance thereon required to be furnished hereunder at Tenant's expense, or which would cause structural injury to the improvements or cause the value or usefulness of the Premises, or any portion thereof, substantially to diminish (reasonable wear and tear excepted), or which would constitute a public or private nuisance or waste, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. 33. Headings. The headings used in this Lease are for convenience only and shall not have any bearing or meaning with respect to the content or context of this instrument. 34. Dispute Resolution. In the event the parties to this Agreement cannot agree on the proper method of conducting business or operation, improvement and maintenance of the Premises, the parties or outside parties may submit the issues for resolution in the following order: First, as a grievance to Tenant with a recommended course of action or a grievance of Tenant to Landlord with a recommended course of action; and Second, grievance submitted to a panel consisting of a representative of Tenant and a representative selected by each City comprising the Landlord; and Third, grievance submitted to the same panel described above in mediation with a mediator from West Suburban Mediation Services or a mediator agreed on by the parties. The cost of mediation services shall be shared equally by all parties. 35. Termination. Landlord shall have the right to terminate this Lease without cause upon thirty (30) days written notice to the Tenant. 36. Excess Funds. Upon completion of construction of the Center, excess funds shall be held in a restricted capital reserve account for the purpose of repairs and capital replacement of the Center. This account shall be controlled by the Friends, however, no expenditure in excess 5534090v1 g of $5,000 shall be made without the approval of a majority of the Cities. This reserve is not intended for day-to-day maintenance such as snow removal, routine building maintenance and cleaning or other operating costs. 37. Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to its interest in the Premises and any judgments rendered against Landlord shall be satisfied solely out of the proceeds of sale of its interest in the Premises. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Premises and any judgment so rendered shall not give rise to any right of execution or levy against Landlord's assets. The provisions hereof shall inure to Landlord's successors and assigns including any Mortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord's obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant's rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under this Lease. 38. Permits. Tenant shall diligently seek and, upon issuance, maintain in force and effect all permits, licenses, and similar authorizations to use the Premises for the purposes set forth herein required by any governmental authority having jurisdiction over the use thereof. Landlord shall, at Tenant's request, join with Tenant in executing, acknowledging, and delivering any and all petitions, consents, applications, approvals, reviews, easements, or similar documents that may be required for the installation of any improvements, utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision, rezoning, special use, platting, or other similar development, construction and operation of the Premises. IN WITNESS WHEREOF, Landlord and Tenant have respectively signed this Lease as of the date first above written. CITY OF DEEPHAVEN Dated: Dated: Dated: Dated: By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF EXCELSIOR By: Its: City Manager By: 5534090v1 9 Its: Mayor Dated: Dated: Dated: Dated: Dated: Dated: CITY OF GREENWOOD Bv: Its: City (Clerk) Administrator By: Its: Mayor CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY By: Its: City (Clerk) Administrator By: Its: Mayor TENANT: THE FRIENDS OF SOUTH LAKE MINNETONKA SENIOR COMMUNITY CENTER By: Its: 5534090v1 10 LEASE AGREEMENT EXHIBIT A DESCRIPTION OF PARCEL TO BE DEEDED TO THE SENIOR COMMUNITY CENTER That part of Lot 12, Block 2, ECHO HILLS 2ND ADDITION, and of Lot 27, Auditors Subdivision 133, according to the plats on file in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence southerly parallel with the west line of said Lot 27 a distance of 34.19 feet to the point of beginning of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing, along a line parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of 104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds West, parallel with the west line of said Lots 12 and 27, a distance of 160.00 feet to a point in the north line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning. Said parcel contains 26,000 square feet more or less. Together with a permanent easement for parking purposes over, under and across that part of said Lots 12 and 27 described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence South 00 degrees 29 minutes 57 seconds East 138.19 feet to the southwest corner of the above described parcel and to the point of beginning of the easement to be described; thence. South 00 degrees 29 minutes 57 seconds East 27.00 feet; thence South 74 degrees 29 minutes 24 seconds West 4.00 feet; thence South 15 degrees 30 minutes 36 seconds East 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 55.00 feet; thence North 15 degrees 30 minutes 36 seconds West 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 91.00 feet; thence South 00 degrees 29 minutes 57 seconds East 139.77 feet; thence North 74 degrees 29 minutes 24 seconds East 284.59 feet; thence North 00 degrees 29 minutes 57 seconds West 58.60 feet; thence North 34 degrees 25 minutes 43 seconds East 22.40 feet to the southeasterly comer of the above described parcel; thence westerly and northwesterly along the southwesterly line of said above described parcel to the point of beginning. Together with the right of ingress and egress to and from the Country Club Road. Contains 31,452 square feet more or less. 5534090v1 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE by and between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay (the "Landlord") and the Friends of the South Lake Minnetonka Senior Community Center (the "Tenant") for the Southshore Senior/Community Center (the "Center") dated the day of 1996 (the "Lease") is made this day of , 1996, as follows: At least 60 days prior to commencement of construction of the Center, Tenant shall prepare proposed rules and procedures for the use and operation of the Center and shall submit them to Deephaven for review and approval. If Tenant and Deephaven are unable to agree upon the rules and procedures, the disagreements shall be addressed in the manner provided in Section 34 of this Lease. If Tenant wishes to amend or modify the rules and procedures it shall submit the changes to Deephaven for review and comment. LANDLORD: CITY OF DEEPHAVEN CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF EXCELSIOR By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF GREENWOOD By: Its: City (Clerk) Administrator By: Its: Mayor By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY By: Its: City (Clerk) Administrator By: Its: Mayor TENANT: THE FRIENDS OF SOUTH LAKE MINNETONKA SENIOR COMMUNITY CENTER By: Its: 5534090v1 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE by and between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay .(the "Landlord") and the Friends of the South Lake Minnetonka Senior Community Center (the "Tenant") for the Southshore Senior/Community Center (the "Center") dated the 4`h day of March, 1996, as amended April 17, 1996, by First Amendment, (the "Lease") is made this day of , 20_ as follows: 1. The name of the Tenant shall be corrected to read: Friends of the Southshore Senior Community Center. 2. The first sentence of paragraph 7.) (b) of said Lease is amended in its entirety to read as follows: "Public liability and property damage insurance with limits of not less than $1,000,000.00 for injury and death to any one person, and $1,000,000.00 for injury or death in any one accident or occurrence including property damage, insuring Landlord and Tenant, and with across-liability endorsement covering claims by an insured against another insured." LANDLORD: CITY OF DEEPHAVEN CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF EXCELSIOR By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF GREENWOOD By: Its: City (Clerk) Administrator By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY By: Its: City (Clerk) Administrator By: Its: Mayor TENANT: THE FRIENDS OF SOUTH LAKE MINNETONKA SENIOR COMMUNITY CENTER 5534090v1 By: Its: Mayor By: Its: 5534090v1 THIRD AMENDMENT TO THE LEASE THIS THIRD AMENDMENT TO LEASE by and between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay (the "Landlord") and the Friends of the Southshore Community Center (the "Tenant") for the Southshore Senior/Community Center (the "Center") dated the 4`h day of March, 1996, as amended April 17, 1996, by First Amendment, and as amended the _ day of 19_, by second amendment, is made this _ day of December, 2008 as follows: 1. RECITIALS, delete "`~ ~HT~''.-_'~.^.c .,"._'':.:_.. ?_.,.._ *.. _..:::"?..~+~'~..._..__.__.. " As said language is no longer valid. 2. Section 2, TERM, shall be amended to read as follows: The term of this Lease shall commence on the date of the issuance of the Certificate of Occupancy (Commencement Date) and shall terminate on the earlier of (i) December 31, 2020 -twenty five (25) years from the Commencement Date; or (ii) the mutual agreement of Landlord and Tenant that the useful life of the Premises has expired. The Term may be extended by the Tenant for up to four (4) successive periods of five (5) years each commencing upon the expiration of the Term. If Landlord and Tenant disagree as to whether the useful life of the Premises has expired, the disagreement shall be determined by Dispute Resolution in accordance with Article herein. The Lease may be terminated upon the occurrence of the following: (1) insolvency or dissolution of Tenant; or (2) the decision to terminate approved in writing by the number of Cities specified in the Cooperative Agreement. Written notice of termination shall be provided to each of the Cities and to the Tenant, thirty sixt 60 days in advance of the effective date of such termination. Section 4 of the Lease shall be amended to read as follows: Rent. Tenant agrees to pay to Landlord as rent for the Premises a yearly rental of One and 00/100 Dollars ($1.00), which rental shall be payable in advance on the Commencement Date and each anniversary of the Commencement Date during the term of this Lease. In addition the Tenant may rent the facility to outside interest in keeping with the limits and. restrictions outlined in this document and shall retain the income from such rental. 4. Section 7 of the Lease shall be amended to read as follows: (-ajCities agree to provide and keep in force during the term of this Lease rP opertX~ - - Formatted: Bullets and Numbering and casualty insurance covering the Premises. The insurance shall include: Fire and all risk insurance in some insurance company or companies authorized to do business in the State of Minnesota in an amount not less than the full insurable value of the building and other improvements on the Premises, and in any event with an agreed value endorsement, and to keep such insurance in full force and effect for and during the time any buildings and improvements are located on the Premises during the term of this Lease. The coverage shall include all risks commonly insured against by prudent institutional investors for properties similar to the Premises in the Minneapolis area. For the purpose hereof "Full Insurable Value" shall mean the replacement cost of the improvements without allowance for depreciation, but excluding footing, foundations, and other portions of improvements which are not insurable. Such policy or policies shall insure Landlord, Tenant, and any tenants and subtenants of any portions of the building not occupied by Tenant. The Tenant shall provide and maintain public liability insurance with limits of not less than $1,000,000 for injury and death to any one person, and $1,000,000 for injury or death in any one accident and insuring Landlord and Tenant, and with cross-liability endorsement covering claims by an insured against another insured. 5. Section 7 delete the portion of paragraph 5 following the word ...building, such that the amended paragraph reads as follows: Tenant shall not carry any stock of goods or do anything in or about the Premises which will impair or invalidate the obligation of any policy of insurance on or in reference to the Premises or the building. T., .,.,+ .,b,.,, ~ +„ ~ , ,,o,,,,,,,,~ .,aa;+;.,,,.,1 ,. , ~, o +>z~+ .., t,o ru„G., ~...., .,.c; .,., 1, ~,1 ,J., . +I,o to .,F+l,;~ T o ., +t,o czcnrc°u vy +1, T + .. +L, D,•~,,,; ~.,~ .,« +1,~ 1,,,;1.1;,,.. .,1+;,,., onlol„ F .,,,, ~~~:y-x-cr'risirc~"rriia'corr-crr:s=rc~ca-crrcro..r or c~oc., ...,. .. thereat 6. Section 8 Repairs and Maintenance is amended to read as follows: Repairs, Maintenance and Alterations. Tenant agrees to maintain the Premises in good order, condition and repair during the term of this Lease based on normal wear and tear. Such maintenance inchldes the regular cleaning and shampooing of carpets general maintenance of the HVAC system including chan_hl fg alters, repair and. maintenance of door fixtures, kitchen appliances, windows, tile, painting_plumbing fixtures and all furnishing General maintenance and repair includes , ~~~-,-r,~l~d b plowing and maintenance of the parking area referred to in Paragraph 1 above„ The Tenant agrees to return the Premises in the same condition as it was received. E~xt is n~~liRble ~ ~ °°+°,,:°,. ;.,+,,:,,°,,,.° ° . ~Y .. The Lease agreement is amended by adding new Section 9 and shall read as follows: The Cities agree to repair or replace ma'o~ r capital components of the Premises including: the roof, heating and ventilation system, or other building materials that are normally considered necessar~to maintain the Premise in food working order. Any improvements, expansion or structural modifications proposed to be made to the Premises by n'the Tenant, requires prior approval b• Landlord and shall become the property of the Landlord at the termination of the Lease. The Tenant a~Yrees to provide a one time contribution of $1.5,000 in 2009 for initial funding of the Capital account to be maintained by the Cities in accordance with the Cooperative Agreement. 8. The Lease agreement is hereby amended by renumbering Sections 9-35 to 10-36. 9. Section 15 Default, previously Section 14, of the Lease agreement is amended by deleting the word "ten" and replacing it with "thirty" and the number "(10)" to "(30)". 10. Section 22 Notices, previously Section 21, of the Lease agreement is amended by deleting the name and address for Larkin, Hoffman, Daly & Lindgren and adding Malkerson, Gilliland, and Martin, LLP, 1900 U.S. Bank Plaza South, 220 South Sixth Street, Minneapolis, MN 55402. The Section is further amended to reflect the Tenant's name as "The Friends of the Southshore Community Center. 11. Section 36 Termination, previously Section 35, of the Lease agreement is amended by deleting "...thirty (30)..." and replacing it with "...ninety (90)..." 12. Section 37 Excess funds, previously Section 36, of the Lease agreement, is hereby deleted in its entirety. LANDLORD: CITY OF DEEPHAVEN By: Its: City (Clerk) Administrator By: Its: Mayor CIT Y OF EXCELSIOR By: Its: City (Clerk) Administrator By: Its: Mayor CIT Y OF GREENWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY By: Its: City (Clerk) Administrator By: Its: Mayor TENANT: THE FRIENDS OF THE SOUTHSHORE COMMUNITY CENTER By: _ Its: 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 Brian Heck, City Administrator 1 Larry Brown, P.E., Director of Publ Works FROM: James Landini, P.E., City Engineer ° ~ DATE: November 06, 2008 RE: Private use of Public Draintile 5635 Fairway Drive On June 25,.2007 the City of Shorewood granted the residents of 5635 Fairway Drive permission to install a sump pump discharge in a public easement at 5655 Fairway Drive. The homeowner did not install that discharge and is requesting to now connect the sump pump discharge to the draintile in Fairway Drive. This is the option Staff recommended to the homeowner last year. Some of the factors to consider for this request are: 1. The goal of Country Club Meadows development was to direct runoff and sump pump discharge south. 2. The City has asked the resident not to direct the sump pump discharge to the north due to drainage complaint. 3. Discharging the sump pump pipe to the draintile benefits the residents of 5635 Fairway Drive, the City of Shorewood, and 5655 Fairway Drive. 4. Mr. Putnam and Ms. Gallagher have requested this use. Recommendation Staff recommends that the City Council approve the attached resolution authorizing a license agreement with Chris Putnam & Eva Gallagher. .~ s®~0 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO.08- RESOLUTION AUTHORIZING MAYOR OR CITY ADMINISTRATOR TO EXECUTE A LICENSE TO ALLOW DRAINTILE CONNECTION IN FAIRWAY DRIVE RIGHT-OF-WAY WHEREAS, the City of Shorewood (City) has been petitioned to enter into a license agreement to allow a draintile connection in the Fairway Drive Right-of--Way with Chris Putnam and Eva Gallagher (Resident); and WHEREAS, in order for the City to enter into a license agreement, a License Agreement with the Resident has been prepared, and establishes conditions for the use of such infrastructure. NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby approves and authorizes the Mayor or the City Administrator to execute the License Agreement on behalf of the City. ADOPTED by the Shorewood City Council this 10th day of November, 2008. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk LICENSE TO ALLOW DRAINTILE CONNECTION IN CITY RIGHT-OF-WAY This License Agreement between Chris Putnum ("Landowners") and the City of Shorewood ("City") is made with reference to the draintile connection, located at 5635 Fairway Drive, in the City of Shorewood. 1. The Landowner acknowledges that the draintile connection on the property at 5635 Fairway Drive is or will be located entirely or partly on the right-of-way. 2. In consideration of the City's agreement to allow the draintile connection to remain in its right-of-way, the Landowner agrees to hold the City harmless from any claim of damage against the City arising out of the draintile connection. 3. Additionally, in consideration of this License, the Landowner agrees to bring no claim against the City for damage to the draintile connection caused by City's agents or employees in the maintenance of the right-of-way. 4. Landowner acknowledges that the City may, in its sole discretion require the removal of the draintile connection from its right-of-way, at any time in the future. Dated LANDOWNER(S) Chris Putnam & Eva Gallagher CITY OF SHOREWOOD Brian Heck, City Administrator The foregoing instrument was acknowledged before me this _ day of , 2008. Notary Public November 5, 2008 James Landini, P.E. City Engineer City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 RE: Petition to Connect to Drainage Drain Tile Located in Public Right-of-Way Dear Mr. Landini: As we discussed yesterday, my wife Eva Gallagher and I request that the City of Shorewood authorize us to connect our sump pump discharge line to a drainage drain the located in the public right-of-way, specifically the drain the located in the Fairway Drive cul-de-sac area. The drain the would convey the sump pump discharge to the storm drain infrastructure. Thank you. ris Putnam 5635 Fairway Drive Shorewood, MN 55331 952/240-2395 (cell) Gov ~ 2a~ CITY OF S~i1;~;~VVOOC3 CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING November 10, 2008 PUBLIC SIGN-IN SHEET For the record, please print your name and address below. Thank you. Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.